Tuesday 9 February 2016

Post for EventHuddle - the Threat to Events from global jihad



……we have grown used to looking out for unattended packages which almost always turn out to be just that but now we need to be on the lookout for assault teams of marauding gunmen who do not take prisoners.

Amongst the mayhem in Paris on Friday 13th of November the armed assault on the Bataclan Theatre and the murder of 89 occupants brings home the reality of just how vulnerable public events are to attacks of this nature.  In the UK, shielded by our borders, we have been more fortunate but the frequency and ferocity of these attacks means that we need to examine the nature of this threat to our events both at home and overseas.

The post-cold war conflicts in the Balkans, Chechnya, Middle East, Afghanistan and to a certain extent sub Saharan Africa created a supply of redundant arms, explosives and skilled insurgent fighters.  Islamic State of Iraq and the Levant (ISIL) and other jihadist groups gave some of those fighters a new focus and put their fighting skills, weapons and explosives to use.  ISIL’s subsequent rapid taking of territory in Iraq and Syria have also gained them unparalleled resources in terms of money and military hardware.  The effect in a borderless Europe was plain to see in the attacks in Paris.  This of course is a gross over simplification to a highly complex global problem and the cause of and the long term solution to this problem is for historians and politicians respectively.  The global events and exhibitions business meanwhile needs to deal with the current reality.

Threat is a combination of intent to harm and capability to do so.  Terrorist outrages are not new and in previous decades we have had the Red Brigade, Baader-Meinhof, the IRA and others who bombed public places and fought gun battles on our city streets.  They were however constrained by relatively narrow political aims and limits to their appetite for killing and destruction.  Even the IRA never bombed a tube train, although they were certainly capable of doing so, and focused on their efforts in fighting the security forces that ultimately defeated them.  The jihadists’ intent in pursuance of establishing a caliphate fuels an unrestrained appetite for slaughter and destruction aimed at soft targets, mostly public gatherings which is why the events industry is now so vulnerable.  Even if the aligned powers take a ground force war to them, it will take some time to defeat them so it is reasonable to assume that these attacks will continue.

The capability of ISIL in particular cannot be doubted.  Last autumn they destroyed a Russian passenger jet, bombed a street in Beirut, and carried out six simultaneous assaults on targets in Paris amounting to three attacks of mass murder in three different countries inside a fortnight.  No terrorist group in modern history, including Al-Qaeda, have demonstrated such operational breadth and direct reach in terms of destructive capability or the ability to inspire other terrorist groups to commit similar atrocities such as the recent attacks in Jakarta.  In summary we face a terrorist threat in terms of intent and capability which is more destructive and far reaching than ever before.

We cannot know for sure the extent to which the security services are containing the threat.  In the UK they have certainly defeated many planned attacks assisted by the UK’s far tighter controls on weapons and explosives and the fact that we control our borders.  The capability of insurgent groups is thus mitigated and so far in the last 10 years the threat has been contained, in relative terms at least, to the murder of Drummer Rigby in Woolwich in 2013.

Most European countries have well trained counter insurgency police and troops that can respond quickly to an attack and contain it.  Notwithstanding, since the attackers do not usually fear death or capture they are prepared to mount bold assaults in public places.  The Bataclan Theatre is a case in point.  Even against the famously aggressive and well-trained French anti- terrorist police three ISIL gunmen armed with assault rifles held them off for two hours and forty minutes whilst inside the building, firing into the tightly-packed audience of 1,500.  It begs the question as to how effectively any event venue or organiser can plan or prepare for such an eventuality.

In sub Saharan Africa the threat from groups like Boko Haram in Nigeria and Al Shaabab in Kenya is typified by the latter’s activities killing 67 in Nairobi’s upmarket Westgate shopping mall which Kenyan security forces took four days to control.  In April four members held hostage over 500 students for ten hours at Garissa University.  It took seven hours for a response to be deployed, long after the media had already arrived, and another three hours to mount a rescue by which time 148 students had been killed.  The growing threat in African states is exacerbated by the apparent weakness of their anti-terrorist security forces and their failures in intelligence and response.  It is not certain that a group like Al Shaabab would be capable of attacking an international airport but it is reasonable to assume that they could successfully attack a more lightly defended convention centre or an executive hotel in the style of the attack on the Taj Hotel in Mumbai in 2008 and now in Mali and Jakarta.  Event managers spend a great deal of their time in these places.  In the UK event organisers are used to dealing with the terrorist threat by liaising with the security services and professional venue security managers but they would not get that access in many other countries.  Event companies should ask themselves whether they even fully understand the true nature of the threat in some of the countries in which they operate.

Whilst it is still statistically very unlikely that any given event will be a direct target, there is no avoiding the fact that in Paris ISIL chose to attack two events, a football match and a concert in a capital city.  Any event, therefore, including trade events like exhibitions and conferences, which tend to be held in major cities, can be considered a potential target.  It is far more likely that an event will be caught up in an attack sequence just because it is in tenancy at a venue in the same city or country during an attack.  Beyond the threat to life, the long term consequences for a venue or an event organiser affected directly or indirectly by an attack such as the one on the Bataclan Theatre could be far greater than those traditionally conceived as a ‘major incident’.

At board level and for key investors the essential question is whether the analysis of the threat changes the viability of any event in terms of whether the commercial benefits are worth the risk.  Other key stakeholders such as key exhibitors and insurers could also influence this analysis.   More likely the problem will be passed down to an operational level to review risk assessment, planning processes and security arrangements. 

Traditionally our worst case scenario planning envisages a serious fire or an explosive device causing multiple loss of life.  In either case the drill is to use the fire exits to get away from the hazard with the assumption that the emergency services would be quickly on the scene.  We now face the problem that the drill of making one’s way quickly and calmly to the nearest fire exit may be the very opposite of the best course of action in the face of, for example, marauding gunmen with assault rifles.  The question is how we nuance our emergency drills to take account of the change in threat without over complicating them.

We mostly consider these threats to arise when the event team is established in the venue but what is the response if, as seems more likely, employees are caught up in an attack on their hotel or multiple attacks close by in the city in which they happen to be staying?

In conclusion, in simple terms we have grown used to looking out for unattended packages which almost always turn out to be just that but now we need to be on the lookout for assault teams of marauding gunmen who do not take prisoners or hostages.  It is however important not to lose our sense of perspective or indeed become fixated with the events in Paris since ours is a global business exposed to a range of threats and other risks.  Event companies need to look at their operational footprint and profile and assess their exposure to risk generally.  Most companies already have robust plans and planning processes in place and train staff to deal with a crisis. These arrangements need to be reviewed to ensure they remain fit for purpose.  Perhaps the key issue here is that the scale and the nature of the threat has fundamentally changed.  Even in the worst case scenarios for which we train, the emergency and security services are quickly on hand to take control and yet we have seen that, depending on where you are in the world, that can take hours or even days.  The unpalatable conclusion is that following the events in Paris our worst case scenarios for planning and training just got worse by some measure. 

 

©X-Venture Ltd 2015

Update January 2016


 
Looking back on 2015 – has the much promised reduction in regulatory burden had an effect on the events industry?

 The short answer is no.  The 2011 Lรถfstedt report recommended a range of changes to reduce the health and safety regulatory burden on business.  Few in our industry appreciate that CDM 2015 was one of those changes and it has reduced the burden on the construction industry but it was also newly applied to events as is commented on below and extensively in previous updates.  For events it has had the exact opposite effect of that intended.  In addition, we are facing a considerable increase in potential fines on all businesses and a greater risk of custodial sentences for individuals.  Companies could be fined 100% of their pre-tax profits which could be in excess of £100 million for very large companies.  Anecdotally the introduction of FFI appears to have encouraged the HSE to issue more enforcement notices in the events industry.  The removal of liabilities under HASAWA for the self-employed does not apply to event construction activities and could actually encourage unsafe working which may prove to be a headache especially for less well managed events.  It could be argued that boards of directors of event companies are actually facing a perfect storm of increased liabilities in 2016.
 
CDM Update

 The HSE guidance for the events industry was due out by the end of 2015 and is likely to be web based.  The HSE have scheduled 40 proactive inspections of events for 2016 which are likely to be the largest most complex events.  There was some enforcement action in 2015 with Prohibition Notices issued to participants for work at height violations and similar.  The HSE have prosecuted a principal contractor working in the construction industry for their failure to provide adequate welfare under CDM 2015.  Whilst generally the provision of welfare facilities is considered one of the less challenging requirements of the CDM Regulations for the events industry, this case serves as a reminder not to overlook it.  The AEO CDM Resource pack is currently being reviewed and updated in line with recent consultation with event industry health and safety professionals.

Received wisdom is that provided we take a sensible and practical approach, the HSE are very unlikely to take enforcement action based on compliance with CDM per se.  They will take (and have taken) enforcement action for obvious breaches of key legislation such as Work at Height Regs.  With the focus on the Client, CDM might increase the focus on senior management of organising companies.  What is less obvious is whether large complex stands will now have to be more directly accountable in law for their actions rather than the organiser which was more or less the default before CDM.  Time will tell. 

Increase in Penalties for Health and Safety Offences could reach £100 million

New tougher sentencing guidelines1 outlined in the previous update, have been challenged in the courts.  Thames Water appealed a £250,000 fine on the grounds that it was too severe but the appeal was rejected.  The ruling stated that sanctions ‘needed to bring home the appropriate message to the directors and shareholders of the company’.  The ruling acknowledged that fines could well equal up to 100% of the company’s pre-taxed net profits for the year even if that amounted to fines in excess of £100 million.  The case follows appeals by Sellafield and Network Rail last year which were also rejected clearly indicating that the judiciary are taking a tougher line with corporate offenders.

Self-Employed Exempt from Health and Safety Law from 1 October 2015

 From 1st October a new law2 means that health and safety law no longer applies to 1.7 million self-employed people in the UK and, potentially, some of those working in the events and exhibitions industry.  This has caused a great deal of concern in the health and safety industry generally and some confusion with regard to self-employed service suppliers at events including self-employed workers sub contracted to larger companies.

 There is a caveat that the new provision does not apply to those working in a situation which gives rise to duties under CDM which means any event construction activity.  In any case professional event organisers and venues require all service suppliers, self-employed or otherwise, to comply with the rules of the site as a condition of entry.  Whilst the new provision does mean that, for example, a self-employed contractor working from home no longer has to comply with health and safety law in that environment, for all practical purposes this new law does not alter the status of self-employed staff and contractors when working on site at events.
 
ISO 45001 to Replace BS OHSAS 18001


ISO 45001 is due to replace BS OHSAS 18001 with a planned publication date of October 2016.  Companies reviewing their professional accreditations should follow the progress of this new health and safety standard.  X-Venture will advise clients on any policy amendments necessary to reflect best practice and IOSH courses will reflect the new standard when it is published.

 £500 million loss following Alton Towers accident


Investors like certainty.  When they perceive risk they pull out and so it has transpired following the tragic events in Alton Towers in June when a rollercoaster crashed causing 16 causalities including two who suffered amputations.  Alton Towers could lose as much as £47 million in 2015 and as a result the share price of its parent company Merlin Entertainments has lost £500 million in shareholder value.  These losses are before the inevitable law suits for compensation and possible prosecution by the HSE.  Some might argue that no sanction can make up for a life changing injury but this case serves to illustrate that in the events and entertainments industry financial and reputational losses following an accident can be out of all proportion to the actual offence comparable with other industries.  This is due to a combination of higher profile and higher public expectations of the exercise of duty of care to visitors to any venue.

Guidance for Drones at Events

The HSE and the Civil Aviation Authority have accepted new guidance for the use of drones at events to be included in the NAA A-Guide and considered for the AEV eGuide.  A drone is a Small Unmanned Aircraft with an operating mass of 20 Kg or less.  Over 20 Kg they are subject to the same regulation as manned aircraft and an exemption needs to be sought from the Civil Aviation Authority.  This applies to drones flown externally and the eGuide committee is now considering the wording regarding their use inside venues.
 

New Welfare Guide Published


The Events Industry Forum (EIF) has announced the publication of a new guide to Welfare at Events, which will be published on the Purple Guide website .  This largely applies to outdoor entertainment events.

Lasers in Exhibitions and Entertainment

The Revision of The Radiation Safety of Lasers Used for Display Purposes HS(G)95 has now been completed and the draft guidance document public consultation phase closed on 11th December 2015.  The new document, now simply titledSafety of Display Lasershas been produced by PLASA in association with the HSE and others. 
 
Pyrotechnics and Other (non-laser) Special Effects

The changes in European and UN legislation on the governance and management of explosives has led to a significant amount of delay in completing the The  Association of British Theatre Technicians (ABTT) Code of Practice for Pyrotechnics, consequently the development of appropriate training has been affected too.  There is a project running to create a safety rules document that will identify the core of the information required to support the safe installation and use of pyrotechnics in venues which will be produced by the ABTT.

Fibrous and Plaster Ceilings

Following the Apollo Theatre ceiling collapse3, The ABTT has developed a scheme for induction, inspection (both structural and hands on by the plaster specialist) and reporting.  All theatres with fibrous and ornate plaster ceilings are due to have been inspected fully under the new guidance by August of 2016.  

Changes to Chemical Labelling

From June 2015 the law regarding the packaging and labelling of hazardous chemical substances changed which brings Europe in line with UN globally harmonised systems.  Suppliers are to allowed exhaust existing stocks until 2017 although many have anticipated the change already.  The new system, which also affects safety data sheets, retains many of the pictograms of the old black and orange labels, and now uses a red diamond with black pictograms on a white background.  The events industry routinely involves the handling of potentially hazardous substances from cleaning products and glues to pyrotechnics and other special effects.  Full details of the new pictograms can be found in the European Commission guide ‘Chemicals at Work’ available at www.lexisurl.com/hsw93534
 
Company director jailed for manslaughter

 The boss of a fruit farm has been jailed for two and half years for the death of two workers who suffocated trying to retrieve apples from a nitrogen filled container.  The company was fined £75,000.  Whilst the context has little to do with an event environment the case illustrates the increasing propensity of courts to hand out jail terms to directors whose negligence leads to death or serious injury.

Prosecution Following the Death of a Trainee Electrician.

Grundfos Pumps has been prosecuted and fined £415,000 including costs following the death of a trainee electrician.  The 19-year-old trainee was killed during the electrical testing of a control panel.  The company did not have a risk assessment or safe system of work for the procedure and the victim was not properly supervised.

In the events industry the electrical risks are magnified by the requirement for temporary installations including 3 phase supply, time pressures and multiple contractual arrangements.  The risk is managed by strict adherence to agreed guidance such as the e-Guide.  Notwithstanding this incident illustrates the need for constant vigilance to ensure that standards are maintained.

Grundfos only avoided more serious sanctions with an early guilty plea which is not much of a strategy for risk management.

£45,000 fine for a Blocked Fire Exit
 
A south Wales recycling firm has just been fined £45,000 for blocked fire exits and other fire safety breaches at their depot (£5,000 for each breach) plus £3,207 costs.  Fire authorities are increasingly making proactive visits to inspect premises which includes event venues within their area.  If the standards fall below an acceptable level when the fire authorities visit they can be expected to use their powers to prosecute.  Under CDM the main duty holder for a tenanted area would be the organiser.

£90,000 fine for Legionella Death

A hospital has just been penalised £90,000 in fines and costs for failing to control Legionella risk in the water systems which led to a death of a patient.  The risk from Legionella bacteria in a building’s water systems is a very serious potential risk particularly in a public building such as an exhibition centre.  The hospital relied on water treatment systems but these were not sufficient to control the risk.  The hospital trust has since spent £1.7 million on improving the water system to control the risk at source.  Some events involve water features which can present a risk and employ a contractor to ensure that it is properly controlled.  Further guidance can be obtained from www.hse.gov.uk/legionnaires.

Notes
 1.     Legal Aid, Sentencing and Punishment of Offenders Act
2.     The Health and Safety at Work Etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertaking Regulations) 2015.
3.     Seventy-six people were injured when part of the roof came down during a performance of The Curious Incident of The Dog In The Night-Time at the Apollo Theatre London in December 2013.  It was caused by the deterioration in the hessian wadding embedded in the ceiling originally installed in 1901. 

The nature of the threat from global jihad to the event and exhibitions industry

……we have grown used to looking out for unattended packages which almost always turn out to be just that but now we need to be on the lookout for assault teams of marauding gunmen who do not take prisoners.

Amongst the mayhem in Paris on Friday 13th of November the armed assault on the Bataclan Theatre and the murder of 89 occupants brings home the reality of just how vulnerable public events are to attacks of this nature.  In the UK, shielded by our borders, we have been more fortunate but the frequency and ferocity of these attacks means that we need to examine the nature of this threat to our events both at home and overseas.

The post-cold war conflicts in the Balkans, Chechnya, Middle East, Afghanistan and to a certain extent sub Saharan Africa created a supply of redundant arms, explosives and skilled insurgent fighters.  Islamic State of Iraq and the Levant (ISIL) and other jihadist groups gave some of those fighters a new focus and put their fighting skills, weapons and explosives to use.   ISIL’s subsequent rapid taking of territory in Iraq and Syria have also gained them unparalleled resources in terms of money and military hardware.  The effect in a borderless Europe was plain to see in the attacks in Paris.  This of course is a gross over simplification to a highly complex global problem and the cause of and the long term solution to this problem is for historians and politicians respectively.  The global events and exhibitions business meanwhile needs to deal with the current reality.

Threat is a combination of intent to harm and capability to do so.  Terrorist outrages are not new and in previous decades we have had the Red Brigade, Baader-Meinhof, the IRA and others who bombed public places and fought gun battles on our city streets.  They were however constrained by relatively narrow political aims and limits to their appetite for killing and destruction.  Even the IRA never bombed a tube train, although they were certainly capable of doing so, and focused on their efforts in fighting the security forces that ultimately defeated them.  The jihadists’ intent in pursuance of establishing a caliphate fuels an unrestrained appetite for slaughter and destruction aimed at soft targets, mostly public gatherings which is why the events industry is now so vulnerable.  Even if the aligned powers take a ground force war to them, it will take some time to defeat them so it is reasonable to assume that these attacks will continue.

The capability of ISIL in particular cannot be doubted.  Since October 31st they have destroyed a Russian passenger jet, bombed a street in Beirut, and carried out six simultaneous assaults on targets in Paris amounting to three attacks of mass murder in three different countries inside a fortnight.  No terrorist group in modern history, including Al-Qaeda, have demonstrated such operational breadth and direct reach in terms of destructive capability or the ability to inspire other terrorist groups to commit similar atrocities such as the recent attacks in Jakarta.  In summary we face a terrorist threat in terms of intent and capability which is more destructive and far reaching than ever before.

We cannot know for sure the extent to which the security services are containing the threat.  In the UK they have certainly defeated many planned attacks assisted by the UK’s far tighter controls on weapons and explosives and the fact that we control our borders.  The capability of insurgent groups is thus mitigated and so far in the last 10 years the threat has been contained, in relative terms at least, to the murder of Drummer Rigby in Woolwich in 2013.

Most European countries have well trained counter insurgency police and troops that can respond quickly to an attack and contain it.  Notwithstanding, since the attackers do not usually fear death or capture they are prepared to mount bold assaults in public places.  The Bataclan Theatre is a case in point.  Even against the famously aggressive and well-trained French anti- terrorist police three ISIL gunmen armed with assault rifles held them off for two hours and forty minutes whilst inside the building, firing into the tightly-packed audience of 1,500.  It begs the question as to how effectively any event venue or organiser can plan or prepare for such an eventuality.

In sub Saharan Africa the threat from groups like Boko Haram in Nigeria and Al Shaabab in Kenya is typified by the latter’s activities killing 67 in Nairobi’s upmarket Westgate shopping mall which Kenyan security forces took four days to control.  In April four members held hostage over 500 students for ten hours at Garissa University.  It took seven hours for a response to be deployed, long after the media had already arrived, and another three hours to mount a rescue by which time 148 students had been killed.  The growing threat in African states is exacerbated by the apparent weakness of their anti-terrorist security forces and their failures in intelligence and response.  It is not certain that a group like Al Shaabab would be capable of attacking an international airport but it is reasonable to assume that they could successfully attack a more lightly defended convention centre or an executive hotel in the style of the attack on the Taj Hotel in Mumbai in 2008 and now in Mali.  Event managers spend a great deal of their time in these places.  In the UK event organisers are used to dealing with the terrorist threat by liaising with the security services and professional venue security managers but they would not get that access in many other countries.  Event companies should ask themselves whether they even fully understand the true nature of the threat in some of the countries in which they operate.

Whilst it is still statistically very unlikely that any given event will be a direct target, there is no avoiding the fact that in Paris ISIL chose to attack two events, a football match and a concert in a capital city.  Any event, therefore, including trade events like exhibitions and conferences, which tend to be held in major cities, can be considered a potential target.  It is far more likely that an event will be caught up in an attack sequence just because it is in tenancy at a venue in the same city or country during an attack.  Beyond the threat to life, the long term consequences for a venue or an event organiser affected directly or indirectly by an attack such as the one on the Bataclan Theatre could be far greater than those traditionally conceived as a ‘major incident’.

At board level and for key investors the essential question is whether the analysis of the threat changes the viability of any event in terms of whether the commercial benefits are worth the risk.  Other key stakeholders such as key exhibitors and insurers could also influence this analysis.   More likely the problem will be passed down to an operational level to review risk assessment, planning processes and security arrangements. 

Traditionally our worst case scenario planning envisages a serious fire or an explosive device causing multiple loss of life.  In either case the drill is to use the fire exits to get away from the hazard with the assumption that the emergency services would be quickly on the scene.  We now face the problem that the drill of making one’s way quickly and calmly to the nearest fire exit may be the very opposite of the best course of action in the face of, for example, marauding gunmen with assault rifles.  The question is how we nuance our emergency drills to take account of the change in threat without over complicating them.

We mostly consider these threats to arise when the event team is established in the venue but what is the response if, as seems more likely, employees are caught up in an attack on their hotel or multiple attacks close by in the city in which they happen to be staying?

In conclusion, in simple terms we have grown used to looking out for unattended packages which almost always turn out to be just that but now we need to be on the lookout for assault teams of marauding gunmen who do not take prisoners or hostages.  It is however important not to lose our sense of perspective or indeed become fixated with the events in Paris since ours is a global business exposed to a range of threats and other risks.  Event companies need to look at their operational footprint and profile and assess their exposure to risk generally.  Most companies already have robust plans and planning processes in place and train staff to deal with a crisis. These arrangements need to be reviewed to ensure they remain fit for purpose.  Perhaps the key issue here is that the scale and the nature of the threat has fundamentally changed.  Even in the worst case scenarios for which we train, the emergency and security services are quickly on hand to take control and yet we have seen that, depending on where you are in the world, that can take hours or even days.  The unpalatable conclusion is that following the events in Paris our worst case scenarios for planning and training just got worse by some measure. 

 

©X-Venture Ltd 2015