Monday, March 29, 2010

Criminal Negligence

Wood product manufacturer Weyerhauser is among the first companies to be face criminal prosecution under 2004's "Westray amendment," which makes it legal to charge companies with criminal neglect. In an investigation following the death of an employee, supervisors and management were found to have been well aware of safety issues and had actually avoided fixing the problem. A Vancouver Sun article has more details:

An investigation by WorkSafeBC found that there was a high level of knowledge about the hazard by Weyerhaeuser management but they did nothing. The violations were committed wilfully or with reckless disregard, WorkSafeBC vice-president Roberta Ellis said in 2007 after the safety agency completed its own two-year investigation into the accident.

Weyerhaeuser was fined the highest amount ever by WorkSafeBC, $297,000. In a blistering report, WorkSafeBC said senior Weyerhaeuser management had resisted work orders from line managers to make the hog
(a type of wood processing machine) safe, saying it would cost too much money. The work was done after Hewer was killed. It cost $30,000.

Management condoned a culture “where complacency in the face of danger became the norm,” the report stated.

This case is not only one of the first to be tried under the Westray amendment anywhere, but the very first time a private prosecution has filed such a case in Canada. Because this case will likely be high profile, Weyerhauser should expect to be doing as much crisis management in the court of public opinion as they do the actual courthouse.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Friday, March 26, 2010

Legal Conversation

Working with the media in litigation-related situations can reap serious rewards for lawyers and their clients. While the first option for dealing with the public is usually a crisis management professional, when dealing with legal matters lawyers hold the advantage of attorney-client privilege, which is a major aid in protecting sensitive information. In an article published in the latest Crisis Manager newsletter Lanny Davis and Eileen O'Conner of McDermott, Will & Emery discuss why lawyers should be trained to make very effective spokespeople:

"They have access to the facts and for that reason are more credible in the eyes of many reporters. They also know the legal issues and risks involved in the litigation and won't be as likely to make an error that could lead to a damaging public comment that prejudices the case. And most importantly, they can work with the client and other lawyers to develop a believable message, based on the facts, that can drive and command the message in the media, correct factual distortions pushed out by the other side and avoid poisoning of the jury pool."

While the piece is directed towards lawyers, it holds valuable lessons for anyone charged with the task of speaking for their client or organization. With a bit of effort, the media can become a valuable ally (even if that isn't THEIR intent!).

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Crisis Management In the Twitter Age

"In the Twitter age" is a term I heard this past week from a slightly frustrated public relations professional talking about how he's been forced to modify his crisis management plan.

And change he must. The best-laid crisis management plan will quickly unravel when information - true, untrue or even malicious - starts spreading on platforms such as Twitter and Facebook.


This excerpt from consultant Mike Johannson's article, PR Crisis Management in the 'Twitter Age,' which he was kind enough to allow us to reprint in our latest Crisis Manager newsletter, makes an excellent case for the importance of updating and broadening crisis management strategies to include the use of social media. With so many crises originating on Facebook, Twitter and the like, having an established social media presence is a difference maker when trouble comes your way.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

New Crisis Manager Out Now

A new issue of Crisis Manager has just been uploaded to the Bernstein Crisis Management website! This week's edition features an article by blogger and professional consultant Mike Johannson, PR Crisis Management in the 'Twitter Age', that lays down some ground rules for handling damage control in the social media universe.

Following that up is an article that focuses on a more traditional, but somewhat neglected, aspect of crisis management, The Need for Lawyers to Learn the Ground Rules of Talking to Reporters. Although directed at lawyers, this article by Lanny Davis and Eileen O'Connor hold some valuable lessons for all spokespeople.

You can have Crisis Manager delivered to your PC or hand held device semi-monthly, just hit this link and enter your email.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Thursday, March 25, 2010

New Salmonella Case

A recall was issued for over 150 items containing hydrolyzed vegetable protein after salmonella Tennessee was discovered in products made by Las Vegas based Basic Food Flavors. The FDA, conscious of criticism received for slow action in the past, launched an aggressive crisis response effort with a list of potentially affected products and, along with it, some advice that probably could have used a little more thought. A quote from the FoodLiabilityBlog has the details:

Consumers, who may have been unaware of the existence of HVP, are starting to learn how pervasive an ingredient it is in packaged and processed foods.  The FDA has a handy list of products so far affected by the recall.  There's a widget,  too.  

So far, no one has been reported to have been made sick or died as a result of this outbreak.

The FDA warns consumers "Remember to follow cooking instructions on all foods", except that many of the foods that contain HVP are not ones consumers cook.  Included are salad dressings, ready to eat meal products, sauce and marinade mixes and snacks. I don't think there's a way for a consumer to cook a pretzel. 


Getting the public informed quickly makes crisis management for the situation much easier, and with Basic Food Flavors and the FDA coordinating efforts to handle the recall as quickly as possible, there's a good chance illness will be avoided altogether.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Monday, March 22, 2010

When Social Media Turns on You

The emergence of social media services as places to gather and share ideas has opened new avenues for consumers to find and connect with each other. While this obviously presents many opportunities for positive brand conversations, what may not be immediately apparent is the way in which the various social media platforms can also be used to hurt organizations or individuals when consumers become agitated or angered. In a recent post on his Web Strategy blog, Jeremiah Owyang described some ways that consumers have actually used social media to stage attacks on organizations:

* While every company has critics, they can now organize a coordinated  attack. Every company I work with has some degree of critics, it’s a natural state of the market.  Now, these critics may start to organize globally by using similar tools and technologies brands are to market themselves.   Expect coordinated and organized attacks from critics.

* Facebook fan page brand-jacking is the new form of tree hugging. As movements form, the organized groups can stage mass attacks on brand Facebook fan pages, overrunning it with negative messages.  Like sitting in trees with banners to slow down clear cutting and spray paining messages on buildings, this is simply the digital form of real-world protest.  Expect more of this in the future –not less.  (Update: interesting perspective on “social media warfare“)

* Ownership isn’t clear –yet the power belongs to community. The brands think they own the Facebook fan pages, but the fans can demonstrate power and take over ownership.  When you look closely, neither parties ‘owns’ the property, it belongs to Facebook –but don’t expect them to do much, brands are really on their own.


It's important that businesses look at social media platforms as not only crisis management and marketing tools for their own use, but also potential sources of strife. With the speed at which crises move across the Web, planning your reaction after the fact leaves too much room for trouble.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Sunday, March 21, 2010

Eliminating Filters

Having a bulky, lumbering communications structure does nothing but obstruct crisis management. In a recent post on his blog, social media consultant Mack Collier used the example of Southwest Airline's disagreement with director Kevin Smith, who was allegedly asked to disembark from a flight because he was too large to fit in his single seat, to demonstrate the problem:

Case in point, Kevin had the tools available to DIRECTLY communicate with 1.6 million followers on Twitter.  For Southwest, they had to have the flight attendants and pilot, and gate attendants all communicate with their PR dept, and at that point the message MIGHT have gotten in touch with someone that could respond to Kevin via the same tools he was using; social media.  So it’s obvious that Kevin could get HIS message out much quicker than Southwest could.

Getting your own story out quickly is crucial to success. Although large corporations will always have channels they must work through, Mack's article provides several ways they can keep things as streamlined as possible.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Nestle's Facebook Folly

Nestle is the latest company to run afoul of social media users, and they've managed to do it in a manner that's captured negative attention all over the world. In reaction to a Greenpeace ad accusing the foodmaker of sourcing palm oil from companies that destroy orangutan habitats, fans stormed Nestle's Facebook page and began leaving a barrage of comments.

This alone was a cause for concern, but it was the abysmal crisis management skills of whomever controls the Facebook account that took things to a whole new level. A quote from the ThoughtGadgets blog explains what went wrong, starting with a post on the Nestle Facebook site:

Nestle: To repeat: we welcome your comments, but please don't post using an altered version of any of our logos as your profile pic - they will be deleted. Fri at 2:26am

Nestle received 190 complaints within 24 hours on Facebook, and thousands of tweets reaching hundreds of thousands of consumers. You see, the surest way to tick off users of social media is to delete their comments. Yes, by the old standards of 20th century law, brands have a right to protect their intellectual property. But social media comprises fluid networks of users sharing and retweeting and mashing up material. Brands no longer command media channels or the spread of memes; if you want to win, you have to give users room to play.


Things didn't stop here, as the Nestle rep proceeded to respond to user's posts with in an extremely abrasive tone. Someone at the organization must have come to their senses Friday afternoon and this was posted:

Nestle: This (deleting logos) was one in a series of mistakes for which I would like to apologise. And for being rude. We've stopped deleting posts, and I have stopped being rude. Fri at 1:29pm


Nestle's hackneyed attempts to stifle comments and images did the opposite of what was intended. Instead of decreasing interest, it loaded another controversial topic on the back of the ongoing environmental debate and created massive amounts of ill will with the general public.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Thursday, March 18, 2010

It Pays to Be Ready

We've discussed the various ways Toyota's crisis response was lacking, but the company's poor crisis management practices before the recalls began were also a major contributor to the level of damage done. This quote from a post on the Experience Matters blog explains what went wrong:

Toyota spent a lot of money on ads in newspapers (yes, they still exist) and on television. They had very few Twitter followers. They have no blog that I know of (and certainly not one I heard about developed after the story broke).

No customer communication channels. No tools for dialogue. No presence in a community where fans could defend them.


It's too late to create a community after a crisis hits. Putting in work to open up communication between your organization and its stakeholders does wonders for reducing negativity during bad situations.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Wednesday, March 17, 2010

Crisis Manager Newsletter Published

In this week's issue of Crisis Manager we switched things up a bit, substituting an interview with Jean Palmer, author of  "Tough Talks in Tough Times," for our usual guest article. That Q&A session, conducted by Bernstein Crisis Management President Jonathan Bernstein, investigates the connection between employee relations and crisis management, a connection that has been made more than evident by current events (Dominos fiasco, anyone?). Treating every employee as a potential PR representative is not only a great way to protect your business, but also to improve both internal and external relations.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Monday, March 15, 2010

Clear and Simple Plans

If your protocol is comprehensive but unmanageable, that’s a crisis in itself

What’s worse: having no crisis plan, or an unwieldy one?

Consider that the latter is worse for an organization that lets its fate ride on the contents of a clunky plan that isn’t actionable.


This quote from an article by James Donnelly highlights an issue that can become an epidemic in your organization if left unchecked. In his article, Donnelly provides a dozen of the most common traps that prevent businesses from creating clear and simple plans. Having thorough crisis management plans is important, but it's a poor choice to substitute complexity for real-life workability.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Saturday, March 13, 2010

Real Live Answering Machines

Department for Work and Pensions (DWP) civil servants in Carlisle have alleged they were ordered to imitate answerphones between 12pm and 2pm on Monday, so that when callers got through, the workers would say: "Due to the high volume of enquiries we are currently experiencing, we are unable to take your call".

No, this quote from Personnel Today is not a joke. Apparently the UK's Public and Commercial Services Union strike is preventing the DWP's business from moving at its usual pace, and in response someone at the department (allegedly) came up with this unethical and ineffective crisis management strategy. Panicked decisions like this, which are often fueled by a lack of preparation, can be prevented by taking the time to plan ahead for likely scenarios such as strikes.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Taking the Wrong Approach

When facing a crisis, it's important to take an approach fitting to the situation. Every month in Merrie Spaeth's Bimbo Awards she compiles a list of people who did the opposite, and took a hit to their reputation as a result. An example:

The International Luge Federation said Georgian athlete Nodar Kumaritashvili’s fatal accident was his own fault, and that he had failed to compensate properly when coming out of the track’s risky turn. (This is an example of how to take a disaster and make it worse. Tragic as they are, fatal accidents have a protocol, particularly when involving a young person at a high profile venue like the winter Olympics. The comment generated a storm of criticism as well as the very analysis of how the people who constructed the track ignored safety concerns in favor of speed and sensational time scores. So, in trying to deflect criticism, they only brought more while reinforcing their own lack of concern for their own athletes. Where’s a good trial lawyer when you need one?)
Bloomberg, “Olympic Luger’s Death Shouldn’t Surprise Anyone,” Feb. 16, 2010


The Luge Federation's statement drew world-wide negative attention to their organization. Had they chosen to use the incident as the starting point of a discussion on safety instead of laying blame, they could have improved their image and helped everyone involved.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Friday, March 12, 2010

SeaWorld's Social Strategy

The death of a trainer at the hands of their main attraction, a killer whale, had to be in SeaWorld's book of worst case scenarios. What kept this a public tragedy and not a PR nightmare was the effective way in which the park used social media to handle crisis management on multiple fronts. This quote from a Sun Sentinel article explains the strategy SeaWorld put in place:

SeaWorld's social media reaction started quickly with a tweet and a Facebook post acknowledging the attack and the tragic loss of its trainer. A few hours later, SeaWorld Orlando CEO Jim Atchison announced an investigation on the park's blog and left the post open for comments. The next morning, the company sensibly suspended its playful " Shamu" Twitter account, redirecting visitors to the park's main Twitter account, which included updates on its investigation and plans. It also responded to some of their supportive fans. Videos about the loss of Brancheau, referred to as a member of their family, were posted to YouTube and a press conference with Atchison was streamed live on the park's blog.

The most interesting conversation was taking place on their Facebook fan page, where people left comments such as, "Stop making money off of exploiting animals!! Free the whales!!." SeaWorld wasn't answering most of the questions and comments, but some of their 100,000 plus Facebook fans did. Those fans showed a deep loyalty to the park and were able to answer questions — and defend SeaWorld.


What makes social media unlike unique is its two-way nature. Opening up conversations between your business, customers, fans and yes, critics, is one of the best ways to uncover and resolve issues before they reach "critical" mass.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Thursday, March 11, 2010

Nothing is Impossible

Crisis prevention is all about being prepared. Being prepared not only for the likely situations, but the unlikely, and even the unthinkable. In a recent blog post inspired by some time spent teaching crisis communications, Bill Salvin explained the "secret skill" that allows experts to be ready for the unthinkable:

You can plan for an unpredictable crisis. Workplace violence, for example, is a crisis that you can plan for but not predict. An unthinkable crisis, on the other hand, can't be planned for. If you can't conceive of something happening then you can't plan for it.

So What is the Secret Skill?
Imagination. 


You need only look at the headlines from this past year to see that unthinkable and "impossible" scenarios do occur. Taking the time to include them in your crisis management planning can only make it stronger.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Tuesday, March 9, 2010

Crisis Camps for Chile

Crisis Commons' Crisis Camps are once again kicking off, this time with aid for Chile in mind. These gatherings of tech-savvy volunteers have already demonstrated the crisis management capabilities they bring to bear with their mapping and communications aid for the Haiti 'quake, and here's a quote from V1 Magazine's blog explains why they are on their way to becoming a permanent fixture:

With just one crisis response, the advent of the geek relief response squads of Crisis Commons would have just been a fad. Now that there’s ongoing commitment, and increased tool refinement, this idea of Crisis Camps is becoming a movement that has the potential to influence policy direction and to speed thoughtful responses to crisis situations. Crisis Commons adds transparency, social networking, interactive assessments, global outreach and a rich communication medium to what has long been disparate mapping efforts.

By combining standard volunteers with the technological elite, this group has accomplished extraordinary tasks and saved lives. A list of upcoming Crisis Camps can be found at the Crisis Commons website, http://haiti.crisiscommons.org/.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

How To Do A Product Recall The Right Way

Jonathan Bernstein was recently interviewed for a Business Insider story about product recalls, and the website allowed us to embed the whole story for you here.



The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Monday, March 8, 2010

Talking about Toyota

Last week's Business Matters podcast,  now available as a 20-minute .MP3 file, took a look at the various aspects of Toyota's landmark crisis by interviewing several professionals, including Bernstein Crisis Management President Jonathan Bernstein, on what it all means to Toyota and their customers. Although the recall is already being used as a lesson in crisis management because of Toyota's numerous missteps, this story is not over. While it will be a difficult, the company will have the opportunity to repair its reputation.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Saturday, March 6, 2010

Social Communities

In a crisis, consumers need honest answers and they need them fast –- and no messaging vehicle is better suited to meet this demand than those fueling the crisis in the first place. Transparent engagements in the online communities, where your customers already live, provide a credible and direct channel for the answers they need.

This quote from a Mashable article explains why it makes sense to get involved in social media and other online communities, rather than stay a mere topic of conversation. If there's any question as to the difference these services make for crisis management, just track the spread of news about any corporate crisis in the past year. The difference between the successes and failures was that successful strategies took advantage of online networks to keep the public informed and share their story, while the failures either hesitated too long or neglected to altogether.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Friday, March 5, 2010

What Were You Thinking??

When Sarah Kohl-Leaf wrote a letter to the owners of the St. Croix Falls Cinema 8 voicing her concerns about a bad experience, the last thing she expected was to receive a furious, expletive-filled rant in reply. Here's a sample, from an article in the Star Tribune:

"Drive to White Bear Lake and also go [expletive] yourself," began the reply from Steve Payne, Evergreen's vice president. "If you don't have money for entertainment, get a better job, and don't pay for everything on your credit or check card." It also included a couple more expletives before ending.

The shocked Kohl-Leaf didn't hesitate to share the emails with friends, who began posting the e-mails on their Facebook pages. Things got even worse for the company when one individual created a Facebook page called, "Boycott St. Croix Falls Cinema 8," which has already drawn over 3,000 fans. Instead of viewing the complaint as an opportunity to further his business and satisfy a valuable customer, Steve Payne discarded his role as executive (and apparently his common sense) and created a crisis management nightmare for his organization.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Tuesday, March 2, 2010

Reporter Relationships

These days it pays to remember that, to the general public, bloggers, Tweeters, and the like hold a growing degree of credibility. As this quote from an Economic Times article explains, it's just as important to form relationships with these "I-Reporters" as it is traditional ones:

Companies faced with a crisis still need to communicate quickly, but they may also need to prepare the ground to win over the citizen journalists. Identify and engage influential members of the blogging community ahead of time, just as you would with the traditional media. Then, when crisis occurs, enlist them to help spread the word, not by providing them with a prepared text, but by offering them access to all relevant information.


Effective crisis management reaches out to the target audience in the places they frequent. With different demographics found in different places, it's a good idea to have your foot in as many doors as possible.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

Monday, March 1, 2010

Get Social

No one can predict a crisis before it occurs, but you can be prepared in the event that it does. Who will respond? How will you respond? Which social media platforms will you use? Will you address first or wait for the conversation to happen and then respond? Who are your top brand enthusiasts or influencers in social spaces? Do you think Domino’s ever thought employees would post a video of themselves doing unsanitary things to a customer’s pizza? Probably not. You never see a crisis coming, but with a plan in place you’ll be ready when it arrives.

This quote from a buzzmarketing daily blog explains exactly why you need to include social media in your crisis management planning. By preparing beforehand to respond quickly and take control of your story, you can make these services great assets to any campaign. In fact, social media actually makes the preparation easier by offering a great way to have discussions with, and research, your customers and other stakeholders.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/