What Should You Do When You Encounter A 12 Foot Alligator?

1. What Should You Do When You Encounter A 12 Foot Alligator? Phase I Safety and Banker’s Liability Environmental Bankers Association Newport, Rhode Island

2. So that you don’t end up like this

3. You Could Call Tarzan!!!!

4. or…..RUN BABY RUN On land, an alligator’s top speed is approximately 11 miles per hour (mph), which they cannot maintain for a long distance. So RUN……

5. In water; however, alligators are FAST! • They can swim up to 20 mph • They can hold their breath for up to 1 hour • A full grown gator can weigh up to 1,000 pounds, and • Has one of the most powerful bites ever measured – coming in at 2,125 pounds of force, which is equivalent to a VW falling on you!

6. They best escape tactic in water, is to ….. POKE him in the eyes!

7. What We Would Like to Cover Today: • Unsafe or precarious situations that can be encountered during Phase I inspections • Best equipment and safety practices to employ during Phase I assessments • Liability issues associated with Phase I’s for the Bank and Consultant

8. Animals & Bugs • Abandoned Pets • Wild Dogs • Feral Hogs • Snakes • Crazy Raccoons, Rabid Squirrels • Rats • Chiggers, Ticks, Spiders, Roaches • Bears • Bee swarms

9. Where is My Mother? Grizzly Bears are more aggressive than brown bears. Due to size, they generally don’t climb trees Black bears will avoid you, they can climb all the way up a tree Don’t look a bear in the eyes, look down and don’t scream Don’t get out of the car when see baby bear

10. Man vs. Kujo “During an inspection of rural land in Florida, I was chased by a feral dog for over a mile. Once I made it in my car, the dog attacked the window for several minutes….. I carried a bat in the car from that point on when working in rural areas.”

11. People Issues • Homeless, Vagrants • Gangs • Drugs • Corpses, Body Fluids • Angry Owners • Tenants with Hidden Agendas (sexual harassment claims) • Site Contact – Can you Trust them? Would they protect you is something happened? • Stalking (cell phone numbers on business cards)

12. Cast-Wielding Robber • “A man tried to steal my camera inSan Francisco.  He had a cast on his arm with which he struck me up-side the head.  I did not go down so he took off, realizing he might get hurt.  As he walked off he said, ‘B****h  I could stab you and be in Oakland before the cops show up!’”

13. Pimps, Tricks and Johns, Oh My! “I was waiting for a site contact to meet me at theproperty. A prostitute was at the corner I was to meet the site contact at. It became awkward as we had a conversation while she picked up two Johns. The pimp came from across the street to check me out as well.”

14. Who takes a gun into the shower? • “I was visiting an apartment complex near an air force base. Before entering the units, the site escort would knock a few time, then go in shouting ‘maintenance.’  We entered one unit and started looking around when a guy burst out of the bathroom aiming a gun at us.  He was apparently in the shower and didn’t hear us coming in.”

15. Street Gangs • “In southern California, I was told by gang members that I should not be at a property because I was the wrong color and was asked to leave before performing the inspection.  The gang congregated around my truck as I left.”

16. Site Conditions • Sink Holes • Poisonous Plants • Bad Area of Town • Schedule Site Visits Early Morning • Security Guards or Armed Police • Weather, presence of ice/snow • Feces (animal, bird, human) • Broken Sewer Lines, Raw Sewage

17. Is Pigeon Poop a REC? • “A huge flock of pigeons permanently lived on a balcony of an apartment building I was inspecting in New Jersey. The tenants were letting the pigeons into their unit to feed them, leaving bird feces everywhere .”

18. When in Rome…. International site visits an pose unique safety concerns and often call for the use of private security firms

19. Building Conditions • Abandoned/Vacant Buildings • No Electricity, Windows Boarded, Dark Basements • Lock Doors Behind You? And don’t get locked in! • Water Intrusion • Basement Flooding • Mold • Drugs: needles; meth – explosive, inhalation hazards • Rotted or Missing Flooring and/or Roofing • Damaged ACMs

20. “I entered a building with mold so thick the we had to use respirators. In the same building, we encountered dead animals and a bed bug infestation.”

21. Lighting! What the consultant saw What you could see with lighting! Arrows point to any number of accident sites

22. Asbestos is the Bestos • “In an abandoned manufacturing facility in Newark, the basement was flooded due to a broken water line in the street.  There was six feet of water in the basement and we only did a partial inspection of it.  There was hanging piping insulation throughout and very deteriorated boiler insulation.”

23. Traffic/Vehicles • Convenience Store, Trucking Facility • Money/Valuables Present • Specifically applicable to pre-foreclosure inspections, where the Phase I inspector was provided a key or access but then the site contact leaves the building. How do you document you left the building locked? • Police • Are you really a Phase I inspector and not a Burglar? Police may send in the DOGS First and Ask Questions Second!

24. The Unexpected Consultant Liability for Sending Employees into Inherent Dangerous Situations?

25. Best Equipment/Tools • Lighting Sources • Flashlights: Streamlight 88031 ProTac 2L C4 LED Flashlight • Spot lights • Noise Makers: air horns, whistles • Cameras and/or Recorders • Time and Date Stamp • Hidden (pens) • Mini video cameras • Digital voice recorders • Liability for using Hidden Cameras?

26. Veho VCC-005 Muvi HD PRO Mini HD Camcorder • 1920 x 1080p HD • 8GB microSD Card • 5MP 1/2.5" CMOS Sensor • Ultra Wide 160° Lens • 1.5" LCD Display • Slow-motion Feature • 3x Digital Zoom in 720p Resolution • WirelessRemote Control • In-Car Mounting System • Helmet Mount

27. Cell Phones • GPS tracking system • Auto dial numbers to office, manager • Safety Equipment • Vests, bright colors • Respirators • Steel toed boots; snake boots • Personal Protection • Bug Spray • Gloves; Ear plugs; safety glasses • Bats, golf clubs • Collapsible Baton, Pepper spray/mace, Tasers (Company Policy Against?, Silent on the Issue?, Liability associated with?)

28. Halt Dog Repellant Spray The U.S. Postal Service has been dog repellent since 1966. You might say they have been conducting field tests for over thirty years. The spray uses Capsaicin, a naturally occurring extract of peppers, which, when sprayed in a dog's face, causes only temporary, but extreme discomfort for the dog.

29. Safety Costs • Banks are generally not familiar with the site area. • Communicate with the bank regarding known safety issues, the need for additional staff for site inspections, security personnel, best time of day for a site visit, etc. • May result in higher Phase I cost • Liability to the Bank if poor building conditions are not disclosed to the consultant?

30. Best Practices Play it Smart and Safe. Don’t take unnecessary risks. Check in with your office upon arriving at the site and check out upon completion of the Phase I site visit. ET Phone Home! Know where the nearest hospital is. Cell phones do not always work for dialing 911. Communicate with other EBA affiliate members if visiting an area/state you are not familiar with. Equip yourself accordingly.