SAFETY, RESPONSIBILITIES AND RIGHTS UNIT-IV» The responsibility of engineers for safety derives from clients’ and the publie’s right. Only with adequate knowledge can persons become willing participants in an engineering project or experiment, decide not to participate, or decide to oppose it. ~ Absolute safety, in the sense ofa degree of safety that satisfies all individuals or groups under all conditions, is neither attainable nor affordable, Example: a power in the hand of child/adult Sick due to airpollution in old/healthy adult.The concept of Safety >» “safety” would be thoroughly subjective by defining it in terms of whatever risks a person judges to be acceptable. > William W. Lowrance: “A thing is safe if its risks are judged to be acceptable”. > First, a case where we seriously underestimate the risks of something — e.g. Toaster » Second, the case where we grossly overestimate the risks of something e.g. Fluoride in drinking water >» Third, there is the situation = in’ which a group makes no judgment~ they simply do not think about it,SAFETY AND RISK ® But, risk is a potential that something unwanted and harmful may occur, >It is the result of an unsafe situation, sometimes unanticipated, during its use. Probability of safety = 1 — Probability of risk »Risk = Probability of occurrence x Consequence in magnitude “A thing is safe (to a certain degree) with respect to a given person or group ata given time if; were they fully aware of its risks and expressing their most settled values, they would judge those risks to be aeceptable (to that certain degree)” -- Mike Martin and Roland Schinzinger. Risks always exist. But true. safety never exists, except in hypothetical situations. Often referred “new risks” in the sense that (1) they are now identifiable (2) the public's perception of them has changed.Different methods are available to determine the risk (testing for safety) 1. Testing on the functions of the safety-system components. 2. Destructive testing: In this approach, testing is done till the component fails. It is too expensive, but very realistic and useful, 3. Prototype testing: In this approach, the testing is done on a proportional seale model with all vital components fixed in the system. Dimensional analysis could be used to project the results at the actual conditions. 4. Simulation testing: With the help of computer, the simulations are done. The safe boundary may be obtained. The effects of some controlled input variables on the outcomes can be predicted in a better way.Acceptable Risk > Arisk is acceptable when those affected are generally no longer (or not) apprehensive about it.” > Apprehension (i.e. anxiety) depends largely on factors such as ~ whether the risk is assumed voluntarily, v how the probabilities of harm (or benefit) is perceived. Y job-related or other pressures that causes people to be aware of or to overlook risks. ~ whether the defects of a risky activity or situation are immediately noticeable or close at hand ¥ whether the potential victims are identifiable beforehand.Lessons for the Engineer » Engineers face two problems with public conceptions of safety, > Onone hand there is overly optimistic attitude that things that are familiar, that have not hurt as before, and over which we have some control present no real risks. ® On the other hand is the dread people feel when an accident kills or maims in large numbers, or harms those we know, even though statistically speaking such accidents might occur infrequently.RISK ASSESMENT Analytical Methods ¥ Scenario analy >A qualitative method. Starting from an event, different consequences are studied. >A scenario is a synopsis of events or conditions leading to an accident and subsequent loss. > Scenarios may be specified informally, in the form of narrative, or formally using diagrams and flow charts. ¥ Failure modes & effect analysis (FMEA): >FMEA is one of the qualitative tools, which support proactive quality strategies. > FMEA is defined as a systematic tool to (a) identify possible failure modes in the products/process, (b) to understand failure mechanism (process that leads to failure), (d) plan for action on elimination or reduction of failure modes.Fault tree analysis: ne Nojamper¥ Fault tree analysis: & This is a qualitative method, combine hardware failures and human failures. > The advantages of FTA are (a) the primary cause can be located easily, and (4) It is useful in emergent situations ¥ Event tree analysis: } It gives sequence of outcomes that arise after occurrence of an event. » Opposite to FTA, It concentrates on final consequence. » ETA is a variant of PTA that can be used to explore both success and failure alternatives at each level. ‘Human error is also need to be calcutated after analysing the data ¥ COST Analysis: > Primary cost: Loss of human lives, property, crops, natural resources ete., > Secondary cost: loss of carhing capability, human capability, treatment, rehabilitation, loss of fertility of soil, etc.Event tree analysi: Car TrainBus Colleague Highway Late for stants availble avalible clear dory [—— Ye —— No Yes L— No —— Yes — Ye No No r— Yes —— No — Ye No No Yes L No ———____ ¥u5,Assessment of Safety and Risk ¥ Uncertainties in Assessment: ® Restricted access of knowledge on risk » Uncertain behavior of material > Uncertain behavior of user environment > The use or misuse of materials remain untracked ® Newer applications of obsolete technologies, remaining unpublished. » Substitution of new materials whose properties are not known clearly, > The unexpected or unintended outcome of a product or project. These aspects make analysis of risk complex and unreliable.v Absolute safety is not attainable, and any improvement in safety relates to an engineered product is often accompanied by an increase in the cost of that product. ¥ Cost associated with warranty expenses, lost of customer goodwill, and even loss of customers. v High safety (low risk) leads to high primary costSAFE EXIT The conditions referred to as ‘safe exit’ are: 1 The product, when it fails, should fail safely 2 The product, when it fails, can be abandoned safely (it does not harm others by explosion or radiation) 3 The user can safely escape the product (e.g., ships need sufficient number of life boats for all passengers and crew; multi-storeyed buildings need usable fire escapes)RISK-BENEFIT ANALYSIS Major reasons: 1. To know risks and benefits and weigh them each 2. To decide on designs, advisability of product/project 3. To suggest and modify the design so that the risks are eliminated or reduced Limitations: Primarily the benefits may go to one group and risks may go to another group. Is it ethically correct? X Is an individual or government empowered to impose a risk on some one else on behalf of supposed benefit to some body else? The units for comparison are not the same, Both risks and benefits lic in the future. The quantitative estimation of the future benefits, using the discounted present value (which may fluctuate), may not be correct and sometime misleading. Both risks and benefits may have uncertainties.Vv v Many large projects, especially public works, are justified on the basis of a risk-benefit analysis. The questions answered by such a study are the following: Is the product worth the risk concerned with its use? What are the benefits? Do they outweigh the risks? But who establishes these values and how? It should be noted that risk-benefit analysis, like cost-benefit analysis, is concerned with the advisability of undertaking a project.Reducing Risk > Personal risk > Public risk and public acceptance > Accounting publicly for benefits and risks > Incentives to reduce risk > Some examples of improved safety > LiabilityPersonal Risk » Given sufficient information, an individual is able to decide whether is it risk / safety? » The difficulty in assessing the personal risks, is it voluntary / in-voluntary? > The problem of quantification alone raises innumerable problems in assessing personal safety and risk. >» How is one to assess the dollar value of an individual's life?Public Risk and Public Acceptance * Risks and benefits to the public at large are more easily determined * because individual differences tend to even out as large numbers of people are considered. * NHTSA (National Highway Traffic Safety Administration), incidentally, emphasized that “placing a value on a human life”.Accounting publicly for benefits and risks » The conclusions of risk assessment and cost benefit studies are increasingly being challenged by special-interest groups. » Engineers are reluctant to face the rough-and tumble of the political and legal arenas, they are often called upon as expert witnesses. > Engineers are usually asked for numbers when assessing safety and risk: they should regard statistics » One of the difficulties with risk- benefit and cost-benefit analyses is the matter of who does the assessing. > But difficulties in public accounting for risks and benefits are not related only to methods of quantification.Incentives to Reduce Risk The engineers is faced: > The tasks of designing and manufacturing safe products > giving a fair accounting of benefits and risks > meeting production schedules and » helping his or her companies maintain profits all at the same time » Of these objectives, product safety should command top priority. > Engineers should recognize that reducing risk is not an impossible risk, even under financial and time constraints. > Ex: Assumptions — operator error » Reality— accidents are caused by dangerous conditionsSome examples of improved safety Periodical monitoring (inspection) and testing of safety system to ensure reliability, ¢.g., fire extinguishers, ‘earth’ system in electric circuits are checked periodically, » Issue of operation manuals, training of the operating personnel and regular audits are adopted to ensure that the procedures are understood, followed and the systems are kept in working condition. > Development of well-designed emergency evacuation plan and regular rehearsal/drills to ensure preparedness, in case of emergency. >» The magnetic door catch introduced on refrigerators > Acar safety belt > The dead-man handle used by the engineerCollegiality and Liability Collegiality: Tendency to support and cooperate with colleagues. It consists of ¥ Respect to the ideas and work of others ¥ Commitment to moral principles ¥ connectednessLiability > Engineers and students of engineering need to be aware of strict liability. »® As Richard Moll writes: “The fact that proof of negligence is not essential to impose liability is a frightening prospect for most manufacturers.” > Engineering practice should be preventive or defensive in approach, Therefore knowledge of liability is well advised.Loyalty I. Agency Loyalty: >» Obligation to fulfill contractual duties of the employer. > Duties are specific actions assigned cooperating with others. 2, Attitude Loyalty (or Identification loyalty) » concerned with the attitudes, emotions, and a sense of personal identity. ® It includes willingness to meet moral duties, with attachment, conviction, and trust with employerRespect for Authority > Respect for authority is important in meeting organizational goals. > clear lines of authority provide a means for identifying areas of personal responsibility and accountability. > Executive authority: the corporate or institutional right given to a person to exercise power based on the resources of an organization. » Expert authority: the possession of special knowledge, s| some task or to give sound advice. , oF competence to perform » Employees respect authority when they accept the guidance and obey the directives issued by the employer having to do with the areas of activity covered by the employer's institutional authority, assuming the directives are legal and do not violate nornis of moral deceney.COLLECTIVE BARGAINING > It is the bargain by the trade union for improving the economic interests of the worker members. includes negotiation, threatening verbally, and declaration of > It is impossible to endorse fully the collective bargaining of unions or to condemn. » Collective bargaining is inconsistent with loyalty to employers because it > is against the desires of the employer » uses force or coercion against the employer and wolves collective and organized opposition.Benefits of Collective Bargaining, a) Unions have created healthy salaries and high standard of living of employees. b) They give a sense of participation in company decision making. c) They are a good balance to the power of employers to fire employees at will. d) They provide an effective grievance redressal procedure for employee complaints. Harms Caused by Collective Bargaining. a) Unions are devastating the economy of a country, being a main source of inflation b) With unions, there is no congenial (friendly), cooperative decision making. c) Unions do not promote quality performance by making job promotion and retention based on seniority. d) They encourage unrest and strained relations between employees and employers.CONFIDENTIALITY > Confidentiality means keeping the information on the employer and clients, as secrets. It is one of the important aspects of team work. > confidential information is ~ any information deemed desirable to keep secret. Y privileged information is often used as a synonym for “confidential, but literally means available only on the basis of special privilege. ¥ proprietary information is information that a company owns or is the proprietor of, often considered as an asset which can be protected by law from use by others. © trade seerets are another form of proprietary information which is any type of information that has not become public and which an employer has taken steps to keep secret Y patents are a method of legal protection of ideas for a specified period.> Ahigh-profile case of trade secret violations was settled in January 1997 (without coming to trial) when Volkswagen AG (VW) agreed to pay General Motors Corporation (GM) and its German subsidiary Adam Opel $100 million in cash and to buy $1 billion in parts from GM over the next seven years, Why’? > Because in March 1993, Jose Ignacio Lopez, GM’s highly effective manufacturing expert, left GM to join VW, a fierce competitor in Europe, and took with him not only three colleagues and knowhow, but also copies of confidential GM documents.Occupational Crime: > Occupational crimes are illegal acts made possible through one’s lawful employment. & Itis the secretive violation of laws regulating work activities. ¥ When commitied by office workers or professionals, occupational crime is called “white collar crime”. > People Committing Occupational Crimes. » Usually have high standard of education » From a non-criminal family background > Middle class male around 27 years of age (70% of the time) with no previous History. > No involvement in drug or alcohol abuse. > Those who had troublesome life experience in the childhood (Blum) » People without firm principles (Spencer) > Firms with declining profitability (Coleman, 1994) > Firms in highly regulated areas and volatile market -pharmaceutical, petroleum industry.(Albanese, 1995)Conflicts of Interest > Conflict of interests i simultaneously realizable. » Itis the disagreement between public obligation and self-interest of an official. a situation in which two or more interests are not conflict of interests arise Due to ¥ Financial Investments ¥ Insider Trading ¥ Bribe ¥ Gifts ¥ KickbacksTypes of conflict of interest and duty Actual conflict of interest: » There is a real conflict between an employee or director’s public duties and private interests. Potential conflict of interest: » An employee or director has private interests that could conflict with their public duties. > This refers to circumstances where it is foreseeable that a conflict may arise in future and steps should be taken now to mitigate that future risk. Perceived conflict of interest: > The public or a third party could form the view that an employee or director’s private interests could improperly influence their decisions or actions, now or in the future.de ate te ate oh So ee * EMPLOYEE RIGHTS Professional Rights Human rights Institutional Rights Non- Contractual Employee rights Right to Privacy Right to choose outside activities > Right to Due Process from Employer Right to Equal Opportunity—Non-discrimination & Right to Equal Opportunity—No gender discrimination in the Workplace > Right to Equal Opportunity—Affirmative Action or Preferential TreatmentPROFESSIONAL RIGHTS > Right to form and express professional judgment or right of professional conscience. > Right to refuse to participate in uncthical activities or right of conscientious refusal. » Right to fair recognition and to receive remuneration for professional services > Right to warn Public about dangers » Right to talk publicly about the job Right to engage in the activities of Professional SocietiesHUMAN RIGHTS Human rights are defined as moral entitlements that place obligations on other people to treat one with dignity and respect. Provisions under ‘human rights’ are as follows: 1. Right to pursue legitimate personal interest 2. Right to make a living 3, Right to privacy 4. Right to property 5. Right of non-discriminationINTELLECTUAL PROPERTY RIGHTS: > Intellectual Property is a product of the human intellect that has commercial value, » Many of the rights of the ownership common to real and personal property are also common to Intellectual Property. > Intellectual Property can be bought, sold, and licensed. » Similarly it can be protected against theft and infringement by others. Patent, Design & Trademark together with Copyright form TOTAL INTELLECTUAL PROPERTYPATENT 1. Derived from the Latin word ,,LITTERAE PATENTES™ which means ,,Open Letters” or ,,Open Documents” to confer rights and privileges. 2. A contract between an Inventor and the Government 3, An exclusive privilege monopoly right granted by the Government to the Inventor 4. Invention may be of an Industrial product or process of manufacture 5. Invention should be new, non-obvious, useful and patentable as per Patents Act 6. The right to the inventor is for limited period of time and valid only within the territorial limits of a country of grant. Examples: a drug compound, a tool, maybe sofiware effectsNeed For A Patent System vv >» Encourages an inventor to disclose his invention. Encourages R & D activities as the industries ean make use of the technology, & avoids redundant research, Provides reasonable assurance for commercialisation, Provides an inducement to invest capital in the new lines of production and thus , help for technical development and up gradation, One may get a very good return of income through Patent Right on the investment made in R & D. Effect of Patent > > A patentee gets the exclusive monopoly right against the public at large to use, sell or manufacture his patented de A patentee can enforce his monopoly right against any infringement in the court of law for suitable damages or profit of account. The Government ensures full disclosure of the invention to the public for exchange of exclusive monopoly patent right to the inventor.DESIGN Meant for beautifying an industrial product to attract the consumer public. Shaping, Configuration or Omamentation of a vendible Industrial product. Exclusive ,,Design Rights” to the originator for a limited term, Patents & design embrace the production stage of an industrial activity. Problems |TRADE MARK > Trade Mark is a name or symbol adopted for identifying goods » Public can identify from the Trade Mark from whom the product is emanating. ® Trade Marks protection is given for an industrial product by the Government COPY RIGHTS > The right to original literary and artistic works > Literary, written material » Dramatic, musical or artistic works » Films and audio-visual materials » Sound recordings > Computer Programmes/software >» SOME databases » Example: Picasso”s Guernica, Microsoft code, Lord of the Rings