OHS 135: Law and Ethics

OHS 135: LAW AND ETHICS

Module 4: Ethical Decision-Making for OHS Professionals

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OHS 135: Law and Ethics

Ethical Decision-Making for OHS Professionals

*All readings and learning activities can be downloaded in the “Downloadable Content” section.

1. Module 4: Ethical Decision-Making for OHS Professionals

After successful completion of this module, you will be able to:
• Describe the steps in Treviño and Nelson’s decision-making model.
• Test different options when making an ethical decision.
• Apply your understanding of ethics to case studies.

2. Ethics: Self, Good, and Others

As we have discussed in a previous module, ethics is concerned with what is considered ‘right’ or
‘wrong’ in any given situation. Ethics revolves around three central concepts: self, good, and others.
Ethical behaviour is the result of not only considering what is good for oneself, but also what is good for
others. In the context of ethics, ‘self’ and ‘others’ can refer to an individual, a group of people, or an
organization. However, considering the interactions of stakeholders is just one part of making an ethical
decision. As an OHS professional, you need to develop a solid process for making ethical decisions when
the need arises.

3. A Model for Decision-Making

Linda Treviño and Kate Nelson [9] developed a six-step model that serves as a good starting point for not
only ethical but all complex decisions. The six steps include the following:
Step 1: Gather All the Facts
Gathering facts is one of the most important steps in any kind of decision-making. Without knowing all
relevant facts, you run the risk of making an inappropriate decision or demonstrating poor judgment.

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OHS 135: Law and Ethics

During this step, you should consider the following:

• What facts are you missing?
• How can you gather these missing facts?
• Do you have enough facts to make a decision?

While gathering facts, you also need to be aware of your emotions and personal biases. Make sure to
remain neutral and objective and refrain from making any judgment before you know exactly what
happened.
Step 2: Define All Ethical Issues
Whenever ‘right’ and ‘wrong’ are in play, a situation is more than a difficult personal or business decision ̶
it is an ethical dilemma. However, sometimes people fail to make an ethical decision because they fail to
recognize ethical issues. Make sure to notice how you feel about the situation and listen to your
intuition. Why do you feel conflicted about making a decision?
Step 3: Identify the Stakeholders
Identify all stakeholders who are affected by your decision and try to see the situation through their
eyes. What are the positions and interests of each stakeholder, i.e., what do they want and why do they
want it? As you consider different options for your decision, ensure that they at least partially address
the stakeholders’ interests.
Step 4: Identify and Test Possible Options
Based on the facts you gathered, the definition of the issue, and the identification of stakeholders, what
are the possible options for your decision? If possible, try to find a solution that avoids any ethical issues.
Additionally, make sure to test each approach. We will look at methods for testing options later.
Step 5: Think Creatively about Possible Options
A problem can often be solved in more than one way. If all possible solutions are unsatisfactory, it might
be time to think more creatively. As opposed to stakeholders’ positions, consider their interests: What
general results are they looking for? Is there a possible option that satisfies everyone’s or almost
everyone’s interests? Can you consult someone outside of your usual advisors?
A creative approach often requires you to think outside the box. However, it sometimes enables you to
choose an option that might otherwise be unacceptable as you might find a creative way to avoid the
ethical issues associated with that option.
Step 6: Check Your Gut
After working through all the previous steps and when you have decided on an option, be sure to check
your gut feeling. What is your gut telling you about the proposed decision?

If you worked through all the rational steps and find that all the options are contradicting or inconclusive,
listen to your intuition.

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OHS 135: Law and Ethics

4. Testing Options
As you consider different options for making an ethical decision, you can test each option by using
different approaches:
Consequentialism
Consequentialism is based on identifying and weighing the consequences of a decision and choosing an
option that benefits the most people. When testing your options, identify all positive and negative
consequences of your decision to each stakeholder. Determine which consequences have a high
probability of occurring and which consequences would be particularly harmful (even if they are unlikely
to occur). Additionally, try to identify whether a consequence is temporary, long-term, or permanent.
Identify the consequences of each option and then weigh all options in terms of the number of their
positive and negative consequences. Consider how each option supports the interests of every
stakeholder. Testing your options this way will help you to discover which option produces the greatest
good for the greatest number of people.
Duties, Obligations, and Values
In this approach, you consider which duties and obligations you owe to whom based on the values you
consider the most important in decision-making, such as keeping promises, being fair, just, honest, or
compassionate.
Which duties, obligations, and values are the most important to you? Does your option satisfy these
duties and values or at least not breach them? Make sure to also consult the code of conduct of your
organization or professional association.
By using this approach for testing, you will be able to find out which option most satisfies the duties,
obligations, and values you consider important in ethical decision-making.
Virtue Ethics
When testing options using a virtue ethics approach, you first need to establish what kind of person you
want to be and practice the virtues for which you want to be known. The virtue ethics approach only
indirectly answers which option is the best and instead looks at whether you are living the virtues you
want others to know you for having.
Identify which virtues apply to the issue you are trying to make a decision about and establish which
option best aligns with your desired virtues. Remember the ‘front page of the newspaper test’ that we
discussed in a previous module? If your option does not pass this test, it likely does not represent the
virtues that are most important to you.

5. Discussion Activity Board 1

There is a discussion activity for you in the Assignments and Activities section for this module. Take the
time to access it now and then return here to continue your learning.
*This activity can be accessed from the Course page.

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OHS 135: Law and Ethics

6. Self-Check
Question 1:
Around which concepts does ethics revolve? Select all that apply.
1. Self.
2. Honesty.
3. Good.
4. Morals.
5. Others.

Question 2:
Based on consequentialism, which option would be considered the best one?
1. The option that has the least likelihood for harm.
2. The option that reflects your duties and obligations.
3. The option that benefits the most people.
4. The option that represents your virtues.

Question 3:
According to Treviño and Nelson’s model, what should be your first step when trying to make a decision?
1. Identify all stakeholders.
2. Establish all ethical issues.
3. Gather all relevant facts.
4. Check your gut feeling.

Question 4:
You can use the ‘front page of the newspaper test’ to decide whether an option aligns with the _____
that are most important to you.
1. Virtues
2. Duties
3. Obligations
4. Values

Question 5:
When considering options for a decision, it is best to focus on stakeholders’ interests rather than their
positions.
1. True.
2. False.

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OHS 135: Law and Ethics

7. Learning from Case Studies

In this module, you will be presented three case studies as example scenarios to prompt your thinking for
ethical decision-making. For each case study ask yourself the following questions:
• What was your initial response to the scenario?
• What bias or ethical blind spots might exist within you or the other stakeholder(s)?
• Does the wider context impact your response?

8. Case Study 1: Workplace Bullying

You are employed as the OHS officer of a medium-sized transportation business. While discussing some
driving-related issues with Craig, one of the truck drivers, he confides in you that he is being bullied by
Tom, the warehouse manager. Craig mentions that other employees have reported Tom’s behaviour
before, but no action was ever taken. Before leaving your office, Craig asks you to keep his complaint
anonymous as he does not want Tom to find out that he reported him.
Additional Questions to Consider
• What would be your next discussion with Craig, the driver?
• What would be your next discussion with Tom, the warehouse manager?

9. Case Study 2: Construction Site Safety

You are employed as an OHS professional at a multi-national construction company that operates across
several countries, including Vietnam, Mexico, and Tanzania. The safety laws, standards, and working
conditions vary significantly across the countries. While each operation meets the country-specific
requirements, you are concerned about the differences in the working conditions and practices. At some
sites of operation, workers are exposed to critical risks and health hazards, and some fatalities have
occurred in the past. However, those sites bring in a lot of profit.
Operating within the senior executive team, you report to the Board through the company’s CEO. You
know that at some sites, the implemented control measures for working at heights follow much lower
standards than those at the company’s sites in Canada. Nonetheless, the CEO and Board do not see any
issues with this, as all legal requirements are being met.
Additional Question to Consider
• Is the occurrence of a fatality in one country different from another country? Explain.

10. Case Study 3: OHS Training

You have just started your own OHS consultant business and invested a lot of resources in marketing
your business as a boutique training and consultant company. Recently, you submitted a proposal to an

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OHS 135: Law and Ethics

organization where your good friend Jen has some level of authority regarding the business the
organization uses for their OHS training. Jen lets you know that your proposal has been accepted due to
the good price and flexibility you offer. However, management wants your training material to be
improved a bit. Jen hands you some material used by the business who delivered the training in the past,
noting that you should not copy them, but just use them for inspiration. She also says the previous
training provider charged much higher fees than you, adding that she just wants to help you with your
quality and getting your business off the ground.
Additional Question to Consider
• Would the situation be different if the previous company had won several jobs that you had also
submitted proposals for?

11. Written Assignment 1

There is an assignment for you in the Assignments and Activities section for this module. Take the time
to access it now and then return here to continue your learning.
*This activity can be accessed from the Course page.

13. Summary
You have completed this module. You should now be able to:

• Describe the steps in Treviño and Nelson’s decision-making model.

• Test different options when making an ethical decision.
• Apply your understanding of ethics to case studies.

Confidential and Proprietary Information. All Rights Reserved — ©University of Fredericton.