Submit an original post that answers the questions below. Write a reading response to the ABA article, “No, a Paralegal is not a Lawyer.” Who is the writer and what is the writer’s background? What is the main idea of the article? Based upon the foundati
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Case Study
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Case Study
Part
1. Define what a Near Miss is. (1 mark)
Near miss is a subset incident where one is nearly hurt, but they escape by sheer luck. The key factors that determine if an incident is near-miss are whether the incident was unexpected or adverse, whether a person was injured, or the effects of the incident happened otherwise.
2. Identify at least four (4) examples of Near Misses from the case. (4 marks)
(Hint: a Near Miss is relative to the size of a company – what may be huge problem and have significant consequences for you may be an acceptable risk to ignore for a large corporation).
According to Hayward, many people make decisions with a lot of cautiousness. Being too safe in some ways is a killer. As a result, it leads to a lack of careful consideration in making decisions about the staff. Each manager had their portfolio and was responsible. Additionally, there were fewer incentives among the staff to explore BP locations. There was no oversight on the exploration targets, especially concerning safety measures and ways to reduce costs. BP reduced the maintenance and safety measures to cut costs and form the tests conducted. It showed over 390 repairs needed immediate attention because they were in bad condition and could lead to a crisis.
3. Define Normalization of Deviance. (1 mark)
Normalization is defined as the deviance from the correct behavior of corporate culture. An incident that would less likely to cause a disaster is considered normal
4. Provide an example from the case of Normalization of Deviance. For full marks provide ashort paragraph explaining the Normalization (2 marks)
One of the best examples from the case study is the 390 repairs in the deep-water rig that were not conducted for a very long time but continued to work normally. The rigs never stopped working. When the rig was tested, it showed that it required urgent repairs.
5. Hidden Traps
Some biases affect our decisions. It is important to note that the status quo is inherent in our thinking. We inherently protect ourselves from possible risks. The site was set up in ways that each manager had the different sites they manage as they own assets. However, they had very little incentives for shared practices, and with little oversight, it resulted in safety risks that would have been crucial with other exploration sites.
Part 2 Duties and Rights Ethics
Rights-based ethics are based on respecting human dignity to live our lives. These rights are made up of justified rights that a group can make upon a society to be allowed to have a free, equal, and rational ability and approach to life. A good example is civil rights within a democracy. In BP, for instance, the company did not have adequate safety culture touching of various aspects because the alarm and emergency system did not work as expected (Schwartz, 2020). The company extended the decision-making responsibilities to the employees. From the outlook, it is evident that the company did not provide its employees with the core safety and, for this reason endangering the welfare of its employees.
The disasters resulted in a massive loss to the oil industry and loss of ocean life because of the oil spill. More importantly, thousands of business owners suffered significant losses from the anglers, oystermen, shrimpers, and those dependent on the tourism and fishing industry. Many death and injuries happened because of BP Company reluctance in following the safety and occupational health directives. The company had a shameful record of poor workers' protection and failure to correct safety hazards (Schwartz, 2020). The top corporate cultures are supposed to set the tone and raise awareness about enterprise risk management. The company's decisions to it di cheaper solutions to save time and money resulted in grave consequences that cost a lot of people's lives. The company paid more attention to the ambitious exploration and production projects at the expense of the maintenance budgets and engineering excellence. The company's safety concerns were highly likely infractions with high impacts risks.
The rights-based ethics stipulates that people are entitled to some specific rights. These rights can be legal or can touch on human rights and morality. The employees of BP were entitled to the right to life, life, work respected, dignity, among others. The company's failure to provide for their safety breached their entitled right to life because it exposed their lives to danger. The company was flagged by numerous failures to observe effective communication, safety practice. Macondo was due for closures, but the process was long because of the competing interest in time, cost, and safety. The delays diverted the attention from the main issue to the point where the disaster struck and resulted in grave consequences. Any given organization must uphold the employees' rights with high esteem and guarantee safety.
Part 2
Duty-based ethics is a morals philosophy context that describes how people use their human values to decide between right and work. Duty-based ethics stands on the ground that individuals must rely on moral rules to create their value of what is accepted and what is accepted. The dusty-based ethics alludes that people should act accordingly irrespective of the consequences of their actions. Even though BP made numerous claims of the unlikely possibilities of catastrophe, it was aware of the consequences of an accident on the wildlife (Schwartz, 2020). The company was ill-prepared for the disaster. In fats from the company's website, there was no commitment to ensuring patients' health and safety is safeguarded. Many of its workers fell ill with symptoms of serve headaches, respiratory sickness as they tried salvaging the oil leaks.
The company, from its website, claims to safeguard the environment for not only its workforces. The company hired a fisherman to clean up the oil as compensation. However, the company failed to give them the protective gear to protect themselves from the oil, dispersants, and harmful chemicals. The company failed to give them the masks for helping them while working in the toxic environment. The company failed to honor its commitment to protecting its workers (Schwartz, 2020). BP Company failed to provide consistent communication of meaningful messages about the importance of safety, leading to the conviction that the accidents were unacceptable. It took the cooperation of the many layers of management to consistently articulate the safety message to convince its employees that the company has committed itself to long-term safety excellence.
Despite the ultimate cause of the disaster, it is necessary to explore the companies working conditions and their relationship with their contractor. The records show that the company conducted regular maintenance and audit of its systems, and it shows that there were deferred maintenance and repairs. The workers were forced to use the equipment in harmful conditions. From a moral point of view, this was wrong because irrespective of what would have resulted from the use of poor equipment, workers needed to use tools in their right conditions. The company deliberately or unknowingly led the refinery to a dangerous state because there were many safety lapses, such as thinned pipes. The company should have repaired broken alarms on time.
References
Schwartz, M. S. (2020). Beyond petroleum or bottom line profits only? An ethical analysis of BP and the Gulf oil spill. Business and Society Review, 125(1), 71-88.
