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RECOVERY
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Richard L. Arnold, CBCP
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Robert Arnold
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Corporate
President/CEO
Richard L. Arnold, CBCP
richard@drj.com
Vice
President
Robert Arnold
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Patti Fitzgerald, CBCP
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CONFERENCE REGISTRAR
Merce Knese
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CIRCULATION
Laura Baugh
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EXECUTIVE
COUNCIL
Jeff Dato, MBCP, KPMG
John Jackson, J Albright Advisors
Edward Devlin, E.S. Devlin & Associates
James Hammill, CBCP, JMH Consulting
Pat McAnally, SunGard Availability
Brian Turley, Strohl Systems
Belinda Wilson, Hewlett-Packard
INTERNATIONAL
CONTACTS
England: Thom Hetherington
Business Continuity
Phone: 0161-237-1007
thomh@tempus.demon.co.uk
Australia: Anthony J. Harvey
Journal of Business Continuity
Phone: 0011-613-953-0055-8
fax: 0011-613-953-0528
sector@notability.com.au
Japan: Shinji Hosotsubo
Quake Japan Co., Ltd.
Phone: 03-3215-2880
fax: 03-3215-2881
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Small
Business
Case
The Possibility of Disaster Recovery For Small Businesses
By JOHN KAUFFMAN,
CSP, CBCP, ARM, ALCM
Can small businesses recover from significant disasters? The answer
depends on a number of variables such as the size of the business,
its location, its financial strength, and the direct and indirect effects
of the event.
Did you know there were approximately 22.9 million small businesses
in the U.S. in 2002? Did you also know small businesses provide approximately
75 percent of the net jobs added to the economy or that they represent
99.7 percent of all employers?
These are eye-opening statistics, but statistics can be somewhat misleading.
To qualify as a small business, the Small Business Administration (SBA)
has established size standards. The most common size standards for
defining small businesses are as follows:
- 500 employees for most manufacturing and mining
industries
- 100 employees for all wholesale trade industries
- $6 million (average
annual receipts) for most retail and service industries
- $28.5 million
for most general and heavy construction industries
For many of us, these numbers do not equate to our
perception of a small business. For the sake of this discussion, let’s describe
a hypothetical business.
Let’s assume the business is a relatively upscale restaurant
located in a busy retail area of Tampa, Fla. The restaurant leases
space in an historic building built in 1925. The building has been
completely renovated and updated, including the addition of sprinklers.
The restaurant contains typical equipment, including full commercial
kitchen, refrigerated coolers, dry food storage, and wine cellar located
in the basement. The business employs approximately 50 people.
What would happen if the business were to face a Category 4 hurricane
that results in significant damage to property and infrastructure?
Such a storm would likely involve loss of utility services and substantial
flooding from storm surge and wind-driven rain. How would the business
recover?
Three major areas of recovery would include recovery of people, recovery
of facilities, and engaging the insurance program.
Recovery of People
As soon as possible, a business should first account for all employees.
Employee contact information should be stored off-site for this purpose.
The business can use a phone tree, an 800 number, or Internet site
as possible ways to assess employee safety and ensure that communication
takes place throughout the recovery process.
Depending on the situation, people may or may not be readily available
to resume business operations. Some events may be severe enough that
the business may lose staff members to injury or death. Workers may
be so traumatized by the event they simply will not return to work.
Even though employees may be able to work, they may be busy taking
care of their own family needs and put the business’s needs secondary.
After the event, the business will need to assess the viability of
personnel and facilities. In a significant event, the safety of people
is primary. Determine to what extent people are available to resume
operations. Consider the following:
- How many employees are needed to resume at least
part-time operations? Here you need to consider the areas of expertise
and qualifications of the available staff. In the case of the restaurant,
the chef and his/her assistants are critical to resuming operations.
- Determine if there are shortfalls in critical areas. Are workarounds
possible? Could the restaurant hire temporary part-time wait staff,
kitchen staff and bartenders?
- Assess the employees’ condition.
How many employees are physically and mentally able to return to
work? If the restaurant cannot staff appropriately, then opening
at all might be problematic.
- The business should consider providing
appropriate counseling for employees and their families. For some
small businesses the financial impact to provide such a service may
be too high but they should at least consider referrals to outside
agencies.
- Develop and implement effective communications
with employees and appropriate government agencies. Communications
should address the following:
- Status of the business and its ability to continue
to operate.
- Work status for employees.
- Notification of insurance agent and
insurance carrier to initiate the claims process.
- Interface with
government agencies to obtain available and necessary assistance
and guidance.
Recovery of Facilities
Recovery of facilities will depend not only on how much damage the
facility itself suffers, but also the damage to other nearby structures
and to the infrastructure in the immediate area. Keep in mind that
the business may not suffer any physical damage to its property but
still may be unable to occupy its facilities. In the case of our
restaurant, the viability of the business can be a concern even if
the facility is intact. The question would be, “Where are the
customers?”
As soon as practical, the business should assess the damage to, and
viability of, its facilities. An event large enough to destroy one
or more of the business’ facilities requires a recovery plan
to determine how, or even if, operations can resume. Consider the following:
- Determine if facilities can accommodate at least part-time operations.
Facilities that have been significantly compromised require use of
alternative sites.
Ideally alternate facilities should be identified in advance. For the
restaurant, renting additional space could be a significant problem,
especially if equipment was severely damaged and replacement equipment
had to be located and leased or purchased. This may not be feasible.
Additionally, there would be costs associated with advertising the
new location. If the original location relied on considerable local
foot traffic, there would also be an expected drop in customers willing
to travel to a distant location.
Portable, temporary structures could be secured to permit temporary
operations for some types of business. However the problems of equipment
and the fire and health code issues would work against locating a restaurant
in a temporary structure.
- Determine if facilities are accessible. Even if
the facility is relatively undamaged, significant infrastructure
damage to area roads and bridges may prevent employees and customers
from getting to the facility.
- Determine the viability of computer
and information technology systems. Ensure the following before the
event:
- Back-up data regularly and store back-up media offsite.
- Periodically
test back-up data to assure that it can be accessed and implemented
properly.
- Ensure that changes in IT applications and hardware do
not materially affect the ability to access back-up data.
- Institute
a formal program for records protection, retention, and destruction.
Small Business Recovery Viability
“Recovery” is not the same for every business. Larger businesses
tend to recover better than smaller ones. Common sense would dictate
that larger businesses have more resources than smaller ones. A recent
study, funded by the Public Entity Risk Institute (PERI), provides
some interesting findings concerning small business viability after
a significant event. The PERI study indicates:
- Traditional precautions to protect structures
and people against an event do not necessarily help businesses survive.
The study was unable to establish a statistical relationship between
the amount of structural damage businesses experienced and business
survival. It concluded that traditional structural precautions are
necessary to reduce loss of life and property, but are insufficient
to help businesses survive.
- Most businesses do not fail immediately
after the event. Results from the Northridge earthquake in California
indicate that most businesses did not fail until two, three, or four
years after the earthquake. Only the weakest firms fail right away
after a disaster. Most firms that ultimately fail do so after a desperate
struggle to recover. SBA loans are not an adequate answer.
- Most losses
do not occur during and right after the event. Business losses go
far beyond the initial damage to structure, equipment, and inventory.
They include business interruption, lost income to employers and
employees, and lost assets in the form of business equity.
The PERI study also concluded there are strong indications
the variables that set apart those that survive from those that do
not can be isolated. Important variables learned from the Northridge
earthquake include:
- Other things being equal, businesses whose customers
were not affected adversely by the earthquake had a much better chance
at survival than those whose customers had significant losses.
- Businesses
with more than one location were more likely to survive than those
with a single location.
- Businesses that relied on customers’ discretionary
income for their sales were more likely to fail than those that provided
more essential goods and services.
- Businesses whose owners were able
to adjust to changes in customer demand were much more likely to
survive than those whose owners simply pursued their pre-earthquake
activities in the same old way.
Firms that survived and recovered immediately or within
two years after the earthquake were larger and did business in more
than one location and/or had customers in unaffected areas and were
financially stronger. The study also found survivor businesses typically
were led by flexible and innovative entrepreneurs.
Using this measure, our small restaurant has three factors that bode
poorly for survival. First, restaurant customers would be affected
by the significant property and infrastructure damage, including loss
of utilities. Second, it has a single location. Third, it relies on
customer’s spending discretionary income.
Depending on how long it takes to rebuild properties and the infrastructure,
the restaurant could be starting from square one if or when it does
reopen. During the down time, no revenue is generated and customers
may find a different restaurant they like as well or better. Those
customers may not ever come back.
So, what is the business supposed to do?
Engage the Insurance Program
In some cases, the event is so severe and widespread the ability of
the business to recover depends on a comprehensive insurance program.
Although insurance is only part of a sound risk management or business
continuity program, in some cases it will be the main recovery tool.
Referring to the restaurant, the insurance program may become the
only means of fully recovering from the event. Consider the following:
- During the preparation phase of the business continuity
plan, management needs to meet with the insurance agent/broker and
the risk manager or insurance buyer to assess the insurance needs
of the business and develop a comprehensive program to address them.
- After the event, the business needs to contact
the agent/broker or insurance carrier claims department as soon as
possible. This can become problematic if phone service and power
interruptions occur. In large events, most insurance carriers will
set up emergency claim centers to assist claimants. To facilitate
the claim adjustment process, the business should have record information,
such as policy numbers, business financial information, personal
identification, and contact phone numbers and addresses.
- In the event
of a major disaster, it could take months or even years before infrastructure
and utilities are restored to usable levels. The business will have
to decide if it can survive the reconstruction period. In some cases,
relocation will be necessary. The insurance program plays and integral
part in the business’ ability to
rebuild or relocate to another site.
So what insurance coverage should
our hypothetical restaurant consider to mitigate the business continuity
problems after a major event? Consider these basic coverages (Note:
These are not intended to be all inclusive. Before making any decisions
on appropriate insurance coverage, the business should seek the advice
of a properly licensed insurance professional.):
- Property insurance – This
would include building and contents (business personal property)
coverage. Determine if the business needs additional property coverage
such as:
- Flood
insurance – Flood insurance is provided by the National
Flood Insurance Program and is not included in most standard
property policies.
- Earthquake – Earthquake coverage
is not included in most standard property policies.
- Volcanic eruption – Volcanic
eruption coverage is not included in most standard property policies.
- Liability insurance – Commercial General
Liability (CGL) policies are the main liability policies that most
businesses purchase. Depending on the type of business, there are
special liability coverages that might be considered such as:
- Directors
and Officers Liability
- Educators Legal Liability
- Errors or Omissions Liability
- Workers’ compensation – Covers
workers for injuries and illnesses suffered on the job,
arising within the scope of their duties.
- Business income/extra expense – Business income
insurance provides coverage for lost revenue and normal
operating expenses during the time the business is not
in operation. Extra expense insurance provides for expenses
incurred, such as temporary relocation or rental of equipment
to avoid or minimize the suspension of operations.
- Tenants improvements and betterments – Provides
coverage for fixtures, alterations, and installations a
tenant makes to a building he occupies but does not own.
- Additional
property coverage – Provides coverage
for items such as fences, awnings, pools, etc.
- Ordinance or law – Provides
coverage to rebuild or repair the building in compliance with the
most recent building codes.
The restaurant may find that most of the above coverages
are necessary to insure against the results from a significant event
such as a large hurricane. Although all of these policies may be important,
one of the most overlooked but often critical coverages is business
income insurance. When events produce significant property and infrastructure
damage to a small businesses, business income may mean the difference
between reopening or starting again somewhere else.
In some cases, a small business’s insurance settlement will actually
become the disaster recovery plan. While some may take the money and
run, many businesses will try to rebuild and recover. This could be
a viable option or merely prolonging the inevitable failure. Unless
the business can adapt to the new reality after the event, the idea
of recovery back to the way it was before the event is shaky at best.
Our restaurant with its reliance on foot traffic may reinvent itself,
at least in the interim, as a caterer for schools, businesses, and
other customers.
There’s no easy way to determine whether a specific small business
can recover after a significant disaster. Certainly, all businesses
will attempt to recover their people and facilities, but there are
just too many variables involved for a quick answer. A solid, comprehensive
insurance program may provide the financial influx to make the recovery
at least feasible. If not, at the very least it may provide enough
capital to start over in a new location or in a new type of business.
John Kauffman is an experienced loss control professional who has worked
as a field consultant and home office technical resource for major
property-casualty insurance companies. His areas of expertise include
general liability, products liability, and business continuity.
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