UNCLASSIFIED Active Shooter Awareness And Preparation

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UNCLASSIFIEDActive ShooterAwarenessand PreparationUNCLASSIFIED

Why Are We Presenting on This Topic?UNCLASSIFIEDTragedy after tragedy has occurred involvingmass shootings of innocents. We hope thatby having an understanding of what has ledus to today will better prepare you and yourloved ones.“By failing to prepare, you are preparing to fail.”- Benjamin FranklinUNCLASSIFIED

ObjectivesUNCLASSIFIED Define Active Shooter vs. Mass KillingRecall the historical overview of mass shooting eventsIdentify characteristics of the “active shooter”Discuss the implementation of protective measuresImportance of an Emergency Action PlanDiscuss incident recoveryTraining and outreach materialsDiscuss personal response and planningPrepare for law enforcement responseUNCLASSIFIED

What is an Active Shooter situation?UNCLASSIFIED“Active shooter situations” Are defined as those where an individual is “activelyengaged in killing or attempting to kill people in aconfined and populated area.” Unfortunately,schools face active shooter situations as well.“Mass Killings” Are defined by federal status to be “three or morekillings in a single incident” Investigative Assistance to Violent Crimes Act of 2012“Workplace Violence” .UNCLASSIFIED

Fateful Day UNCLASSIFIEDUNCLASSIFIED

Targeted Violence Against Innocents UNCLASSIFIEDpherical 1pherical 2SSUNCLASSIFIED

Mass Shooting EventsUNCLASSIFIEDMcDonald’sRestaurantSan Ysidro,CaliforniaJuly 18, 198421 KilledSeveral InjuredUNCLASSIFIED

Mass Shooting EventsUNCLASSIFIEDLuby’sCafeteriaKilleen, TexasOctober 16,199123 Killed20 InjuredUNCLASSIFIED

Mass Shooting EventsUNCLASSIFIEDFort HoodKilleen,TexasNovember 9,200913 Killed30 InjuredUNCLASSIFIED

Mass Shooting EventsUNCLASSIFIEDSafewayGrocery StoreTucson, ArizonaJanuary 8, 2011Gabrielle Giffords,from U.S. Congressseverely wounded.5 killed; 19 injuredUNCLASSIFIED

Mass Shooting EventsUNCLASSIFIEDCentury 16Movie TheaterAurora,ColoradoJuly 20, 201212 Killed58 InjuredUNCLASSIFIED

Mass Shooting EventsUNCLASSIFIEDSandy HookElementaryNewtown,ConnecticutDecember 14,201227 KilledSeveral InjuredUNCLASSIFIED

Lafayette Movie Theater

UNCLASSIFIEDWho is the ActiveShooter?UNCLASSIFIED

UNCLASSIFIEDThere is no one “profile”of an active shooter

Warning SignsUNCLASSIFIEDIn approximately 80% of school shootings,at least one person had information thatthe attacker was thinking about orplanning the school attack.If you see/hear something saysomething!

Pre-Attack IndicatorsUNCLASSIFIEDMany offenders who engage in targetedviolence may display certain behaviors duringpre-attack planning. These predatorybehaviors may be observable to personsfamiliar with the offender.

Pre-Attack IndicatorsUNCLASSIFIEDSome of these behaviors may include: Development of a personalgrievance Contextually inappropriateand recent acquisition ofmultiple weapons Contextually inappropriateand recent escalation intarget practice and weaponstraining

Pre-Attack IndicatorsUNCLASSIFIEDWhile motivations for active shooter incidentsare difficult to fully determine, some common“triggers” may include: Loss of significant relationships Feelings of humiliation/rejection Changes in financial status Major adverse changes to life circumstances Loss of job Changes in living arrangements

Pre-Attack IndicatorsUNCLASSIFIED Many active shooters were described as“social isolates,” harbored feelings of hate oranger, and/or had some reported contactwith mental health professionals Few had previous arrests for violent crimes

Pre-Attack IndicatorsUNCLASSIFIED Contextually inappropriate and recent interestin explosives and IEDs Contextually inappropriate and intense interestor fascination with previous active shootings ormass attacks Many offenders experienced a significant realor perceived personal loss in the weeks and/ormonths leading up to the attack, such as adeath, breakup, divorce, or loss of a job

UNCLASSIFIED6. Attack5. Breach4. Preparation3. Research & Planning2. Ideation1. GrievanceCalhoun and Weston, “Contemporary Threat Management” (2003)

Active Shooter DataUNCLASSIFIED Nearly every active shooter event in the United States has been criminalin nature, and involved state and local violations of the law. No standardized crime statistics related to active shooter events arecurrently collected, leaving LE to rely on the evolving standards set byresearchers. Though research methods and results vary, each study assists LE toframe areas of concern.In a study of 35 active shooter events during 2012 * 57% of the attackers were insiders (known) 37% of attacks were over in under 5 minutes while theaverage attack was 12 minutes 71% of the victims initially targeted were the focus of theperceived injustice 74% of the attackers entered through the main entrance 51% of attacks occurred in the workplace*per John Nicoletti, Ph.D. (Nicoletti-Flater Associates)

How to SurviveUNCLASSIFIED Having a before anemergencyoccurs isparamount

Have a Plan, Train the PlanUNCLASSIFIED Have a Survival Mindset – train on responseoptions Conduct a realistic security assessment todetermine the facility’s vulnerability to an activeshooter attack Identify multiple evacuation routes and practiceevacuations Designate shelter locations Designate a point-of-contact with knowledge ofthe facility and the security procedures Conduct evacuation drills

Preparation26

Protective Measures Ensure you are familiar with current active shooter and other emergencyresponse plans Establish safe rooms within the confines of facilities Establish communication protocols and means to instruct personnel onimmediate personal protective actions (e.g. evacuation, shelter-in-place) During times of heightened threat, maintain awareness of travel patternsand, if possible, vary times and routes to avoid predictability Exercise caution when discussing travel or personal matters on socialmedia, unsecured networks, and in public settings.27

Protective Measures Raise awareness among employees by conducting “all hazards”awareness training Ensure that emergency communications equipment is present andoperable Reports missing or stolen equipment, including weapons, to the properauthorities Be familiar with the “See Something, Say Something” campaign andappropriately report all odd or suspicious activity to agency securityofficers, Federal Protective Service, or local law enforcement Increase visibility of armed security and law enforcement personnel inareas adjacent to and in front of security checkpoints to deter unwantedactivity.28

Long-Term Protective Measures Protective measures in the long-term should emphasize physicalsafeguards, including building enhancements that present a more robustdeterrent and provide a more survivable environment. Officials shouldconsider the following measures:– Install secure locks on all external and internal doors and windows with quickrelease capability from within for emergency escape– Consider establishing safe areas within the facility for assembly and refuseduring crises– Consider establishing/implementing an emergency communications systemsuch as phone trees or text messages for personnel29

Creating an Emergency Action Plan To best prepare your staff for an active shooter situation, create anEmergency Action Plan (EAP), and conduct training exercises. Together,the EAP and training exercises will prepare your staff to effectively respondand help minimize loss of life Components of an Emergency Action Plan:– Method for reporting fires and other emergencies– Evacuation policy and procedure– Emergency escape procedures and route assignments (i.e., floor plans, safeareas)– Contact information for, and responsibilities of, individuals to be contactedunder the EAP– Information concerning local area hospitals (i.e., name, telephone number,distance from your location)– An emergency notification system to alert various parties of an emergencyincluding: individuals at remote locations within premises, local lawenforcement, and local area hospitals30

Workplace Violence Video31

San Bernandino32

Preparation and Management (TAT) Human Resources Department Responsibilities––––Conduct effective employee screening and background checksCreate a system for reporting signs of potentially violent behaviorMake counseling services available to employeesDevelop an EAP, which includes policies and procedures for dealing with an activeshooter situation as well as after action plan Facility Manager Responsibilities– Institute access controls (i.e., keys, security system pass codes)– Distribute critical items to appropriate managers/employees, including: floor plans,keys, facility personnel lists, and telephone numbers– Coordinate with the facility’s security department to ensure security of the location– Assemble crisis kits containing: radios, floor plans, staff roster/staff emergencycontact numbers, first aid kits, flashlights– Place removable floor plans near entrances and exits for emergency responders– Activate the emergency notification system during an emergency situation33

Training and Outreach Materials Materials consist of three products:– Basic Guide Book– Break Room Poster– Pocket Emergency Measures GuideTo download these materials visitwww.dhs.gov/active shooter34

Online Training DHS has released Active Shooter, What You Can Do (IS-907), a new onlinetraining course available through the Federal Emergency ManagementAgency Emergency Management Institute athttp://training.fema.gov/EMIWeb/IS/IS907.asp The course is self-paced and takes about 45 minutes to complete. Upon completion, participants can take a short online "final exam" that isinstantly scored. A certificate is given to participants who finish the entirecourse and pass the final exam35

Response36

Options for Consideration Video37

Responding to an Active Shooter Situation In an active shooter situation, you should quickly determine the mostreasonable way to protect your own life. You should:1.2.3.Run: If there is an accessible escape path, attempt to evacuate the premisesHide: If evacuation is not possible, find a place to hide where the activeshooter is less likely to find youFight: As a last resort, and only when your life is in imminent danger, attemptto disrupt and/or incapacitate the active shooter It is important for employees to be trained so that they can react if they areever confronted with an active shooter situation These situations evolve quickly, therefore, quick decisions could mean thedifference between life and death If you are in harm’s way, you will need to decide rapidly what the safestcourse of action is based on the scenario that is unfolding before you38

Run If you suspect a potential active shooter situation, you must quicklydetermine the most reasonable way to protect your own life; if there is anaccessible escape path, attempt to evacuate the premises Always have an escape route and plan in mind even if you are just visiting Make sure to leave your belongings behind Be sure to:––––––Warn others not to enter an area where the active shooter may beHelp others escape, if possibleEvacuate regardless of whether others agree to followDo not attempt to move wounded peopleKeep your hands visibleFollow the instructions of any police officersCall 911 when it is safe to do so.39

Hide If safe evacuation is not possible, find a place to hide where the activeshooter is less likely to find you. Your hiding place should:– Be out of the active shooter’s view– Provide protection if shots are fired in your direction (i.e., an office with a closedand locked door)– Not be a trap or restrictive of your options for movement To prevent an active shooter from entering your hiding place:– Lock the door– Blockade the door with heavy furniture– Close, cover, and move away from the door40

Fight As a last resort, and only when your life is in imminent danger, should youattempt to incapacitate the shooter by acting with physical aggression––––Act as aggressively as possible against him/herThrow items and improvise weaponsYellCommit to your actions41

Assisting Emergency Responders When possible, provide the following information to law enforcementofficers or 911 operators:–––––Location of the active shooterNumber of shooters, if more than onePhysical description of the shooter(s)Number and type of weapons held by the shooter(s)Number of potential victims at the location The primary goal of law enforcement is to eliminate the threat and stop theactive shooter as soon as possible– Primary responsibility is to eliminate the threat; they will not be able to stop tohelp injured persons until the environment is safe– Officers may arrive in teams with tactical equipment such as vests, helmets,and rifles– Officers will need to take command of the situation; expect to experienceofficers shouting orders and even pushing individuals to the ground for theirsafety42

Reactions of Managers Employees and customers are likely to follow the lead of managers duringan emergency situation. During an emergency, managers should befamiliar with their EAP, and be prepared to:––––Remain calmTake immediate actionLock and barricade doors if appropriateEvacuate staff and customers to a safe area via preplanned evacuation route43

Recovery After an incident occurs, it is important to manage the consequences, andanalyze the lessons learned Post-event activities includes accounting for missing persons, determininga method for notifying families of victims, and referring individuals at thescene for follow-up care, including grief counseling To facilitate effective planning for future emergencies, analyze the recentactive shooter situation for lessons learned, create an after action report,refine the EAP, and conduct training44

End Presentation45

OSHA ConsiderationsRegarding WorkplaceViolenceDorinda FolseOSHABaton Rouge Area Office

What is Workplace Violence?Any act or threat of physicalviolence, harassment,intimidation, or otherthreatening disruptive behavior that occurs@ the work site.

How Big Is the Risk? 4th Leading Cause of Fatal OccupationalInjuries (2014 BLS) 2 Million Workers Report being VictimsEACH Year

Who Are the Most Vulnerable? Exchange Money with PublicDeliver passengers, goods, or servicesWork alone or in small groupsWork late night or early morning hoursWork in high-crime areasWork in community settings and homeswhere they have extensive contact withthe public.

Examples Health-care and social service workersVisiting nursesPsychiatric evaluatorsProbation officersCommunity workers (utility, phone, cable)Taxi DriversRetail Workers

So .Does OSHA hold EmployersAccountable for Workplace Violence thatOccurs to their Workers?

Administrative Law Judge Ruling Secretary of Labor vs. Integra HealthManagement, Inc.(OSHA RC No. 13-1124) 1 Serious & 1 Other than Serious Violation Judge Dennis L. Phillips Affirmed Case now on appeal with OSH ReviewCommission

OSHA’s ApproachGeneral Duty of OSH Act 5(a)(1) applies:“Each employer shall furnish to each of hisemployees employment and a place ofemployment which are free from recognizedhazards that are causing or are likely tocause death or serious physical harm to hisemployees.”

If the risk of violence and serious personalinjury is significant enough to berecognized Expectation that the employer will takefeasible steps to minimize those risks.

Workplace Violence

Workplace Violence Worksites in industries with a highincidence of workplace violence– Healthcare– Social service settings– Late-night retail establishments Not intended to exclude otherprogrammed inspections when workplaceviolence well-documented.

Workplace Violence Employers may be found in violation of thegeneral duty clause if they fail to:– reduce or eliminate serious recognizedhazards.– focus on the availability of feasible means ofpreventing or minimizing such hazards.

Workplace Violence Factors that may increase the risk ofviolence at worksites include– working with the public or volatile, unstablepeople.– Working alone or in isolated areas violence.– Handling money and valuables, providingservices and care, and working where alcoholis served.

Workplace Violence Additionally, time of day and location ofwork– working late at night– areas with high crime rates

Classifications Type 1—Criminal Intent– Violent acts by people who enter theworkplace to commita robbery or other crimeWorkplace Violence– or current or former employees who enter theworkplace with the intent to commit a crime.

Classifications Type 2—Customer/Client/Patients– Violence directed at employees by customers,clients, patients, students, inmates or anyothers to whom the employer provides aservice.

Classifications Type 3—Co-worker– Violence against co-workers, supervisors, ormanagers by a current or former employee,supervisor, or manager.

Classifications Type 4—Personal– Violence in the workplace by someone whodoes not work there– Has a personal relationship with employee

OSHA-Identified High-Risk Industries– Healthcare and Social Service Settings– Late-Night Retail Settings

An inspection shall be considered wherethere is a complaint, referral, or fatalityand/or catastrophic event involving anincident of workplace violence, particularlywhen it stems from a workplace inindustries identified by OSHA as having apotential for workplace violence.

These industries include, among others, healthcare and social service settings andlate-night retail establishments.

An inspection generally shall not beconsidered in response to– coworker or personal threats of violence– intimidation or bullying–––––referring to the appropriate government entitylocal police department,Equal Employment Opportunity Commission,National Labor Relations BoardOSHA’s Office of Whistleblower Protection.

Steps Employers Can Take Establish a zero-tolerance policy towardWPV Establish a WPV prevention program Train / Educate Workers on the program Secure the Workplace Provide Drop Safes -- limit cash on hand Equip Field Staff with communicationdevices

Consider a “buddy system” Address conduct of home visits.

What Employees Can Do Learn to recognize, avoid or diffusepotentially violent situations Alert supervisors about concerns Carry only minimal money in communitysettings

Wrapping it All Up 4th Leading Cause of OccupationalFatalities OSHA DOES expect Employers toaddress the potential for WPV risks and Implement steps to minimize the risks OSHA has and does address WPVthrough enforcement, outreach andguidance documents.

Andy Impastato, Esq.Vice President, Legal and ComplianceJulia Kramer, SPHR, SCPExecutive Vice President andChief Organizational Performance Officer

Agenda Employer Legal Implications Background Federal Laws State Laws HR and Management Implications Hiring Orientation & Training Disciplinary Action ObservationThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Background Workplace violence (OSHA definition) Any action or threat of; Physical violence, harassment, intimidation or otherthreatening disruptive behavior; That occurs at the work site Verbal abuse – physical assaults (including homicide) Can affect & involve ERs, EEs, customers and visitorsThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws No federal law establishing a duty on ERHowever, Section 5(a)(1) of OSH Act includes: General Duty Clause– ERs are required to provide their EEs with a place ofemployment that is free from recognizable hazards that arecausing or likely to cause death or serious harm to EEs Applies to ERs directly through OSHA or approved stateprogram What does this mean for ERs?This publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws OSHA’s General Duty Clause Courts have interpreted clause to mean ER has legalobligation to provide workplace free of conditions oractivities that either the ER or industry recognizes ashazardous and that cause, or are likely to cause, deathor serious physical harm to EEs when there is a feasiblemethod to abate the hazardThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws OSHA’s General Duty Clause Formal standards?– Non-binding guidelines and recommendations for prevention– Directive on enforcement procedures for OSHA field offices tofollow when conducting investigations Enforcement– Conducting compliance inspections– Issuing citations or violations– OSHA violations could serve as proof for state-law tort claimsThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws OSHA’s General Duty Clause ER that has experienced acts of workplace violence, orbecomes aware of threats, intimidation, or otherindicators showing that the potential for workplaceviolence exists, would be on notice and shouldimplement a workplace violence prevention program– Engineering controls– Administrative controls– TrainingThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws OSHA’s General Duty Clause Enforcement (cont’d)– Citing requirements» ER failed to keep the workplace free from hazard to EEs» Hazard was recognized» Hazard was likely to cause death or serious physical harm» There was a feasible and economical way to correct EE Claims– Generally, EE injured by workplace violence cannot bring a claimagainst the ER for violation of OSHA’s general duty clauseThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws ADA ER may refuse to hire an applicant that poses a directthreat to the health or safety of himself, other peoplein the workplace or third parties. ER can take advantage of this defense only if theindividual poses a significant risk that cannot bereduced or eliminated by reasonable accommodationThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications Federal Laws ADA Direct threat assessment based on reasonable medicaljudgment ER should consider:––––Duration of riskNature and severity of the potential harmLikelihood potential harm will occurHow soon the potential harm may occur EE Discipline per ER’s workplace violence policy?This publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications State Laws Workers’ compensation laws (EE) Overview– EE injured by workplace violence– Remedy will most likely be under WC law» Exclusivity provision» Exceptions? Intentional tort theory Dual capacity theoryThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications State Laws Negligence claims (third-parties) Existence of a dutyBreach of dutyCausationHarmDefenses?– Unforseeable event– Superceding causeThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications State Laws Negligence claims (third-parties) Negligent hiring (elements)–––––Existence of an employment relationshipEE is incompetent or unfit to perform the jobER had actual or constructive knowledge of EE’s incompetenceER’s act or failure to act cause the plaintiff’s injuryActual damage or harm resulted from the ER’s act or failureThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implications State Laws Negligence claims (third-parties) Negligent supervisions and retention (overview)– Selecting EEs– Supervising EEs– Retaining EEs Example– EE commits an act against another EE after ER was aware of therisk of the danger– Injured EE alleges ER did not exercise proper care in supervisingother EE ER should maintain workplace violence policyThis publication is provided for educational and informational purposes only and does not contain legal advice. You should not act on any information provided without consulting legalcounsel. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be usedand cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code.Proprietary and Confidential. Not for Distribution.

Employer Legal Implication

Responding to an Active Shooter Situation In an active shooter situation, you should quickly determine the most reasonable way to protect your own life. You should: 1. Run: If there is an accessible escape path, attempt to evacuate the premises 2. Hide: If evacuation is not possibl

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