...What can human resources (HR) do to ensure employees are competitive in the 21st century business world? How has HR’s role change over the past few years? Nowadays the direction of human resources goes beyond the staff direction; the human factor has a great weight in the formulation and implementation of strategies, given its capacity to help to strengthen the competitiveness and development of enterprises in a turbulent environment. The human factor is considered a decisive factor in the development of the companies, employee motivation, efficiency and productivity. To ensure the employees competitiveness, the human resources management must understand and adapt to the changing workplace of the 21st century companies. The construction of alliances between companies and the use of technology are also the key to progress. The vision of human resources should be directed towards network style hierarchies instead of the traditional pyramid. The integration of customers, suppliers, collaborators and employees provides companies the advantage of working direct and quickly with what consumers really wants and need. Not only human resources must attract and retain the right and talented people. It is necessary to create and maintain the best working culture that delivers quality, safety and motivation to employees to remain faithful and productive. It is necessary for organizations to create organizational cultures with reward systems that keep the best people committed...
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...There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective. Preventative measures are the easiest for a company to control and change. These can include anything from the company’s internal laws to the education of these laws. Freedom of speech is a civil right given to people and in cases such as Alumina vs. Kelly Bates; preventative measures could have helped controlled the case. Even though a citizen’s speech may be considered as disparagement, damage to the company can still occur. A major risk for a company in a situation like this is if they were to harm their own customers and alienate their business. This can really damage their reputation and that is why the CEO Roger Lloyd of Alumina was so concerned. They have a Duty of Care that they must ensure that they are protecting these individuals and are not guilty of negligence. A company can have a legal department that is proactively researching potential problems and ensuring their corrective measures are in place. This can help solve a problem quickly with minimal damage...
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...Recognizing and Minimizing Tort and Regulatory Risk A tort is an act by a business that results in injury to a person, property, or good name. In most cases the person injured is entitled to compensation (Jennings, 2006). It is in the businesses best interest to be educated on local, state, and federal laws and regulations to reduce regulation and tort liability. A business must protect its assets, earnings, and good name. A company must have a plan in place to reduce and eliminate fines, penalties, and tort liability. The business must have a preventive plan in place to address regulation compliance and tort liability (Dore, 2008). Preventative, detective, and corrective measures The preventive plan should include measures to know and understand regulations and liability torts the business could encounter. Furthermore, the business plan should include steps that will be taken in the event of a government regulation violation or a tort liability. The plan should first identify the possible torts for non-compliance to government laws and regulations. The following are some of the issues the preventive plan should include: The business must identify health risks to employees, consumer, and the general public. The business must take solid steps to ensure the product, or services rendered is not harmful to others. An employee of the business needs to be assigned and responsible to understand the laws and regulations that affect all facets of the business. This person needs...
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...Running Head: Recognizing and Minimizing Tort and Regulatory Risk Plan Recognizing and Minimizing Tort and Regulatory Risk Plan LAW/531 September 29, 2010 Introduction Alumina, Inc. makes aluminum products and has revenues of over $4 Billion Dollars. The company is based in the United States (US) with operations in eight other countries around the world. The US accounts for 70% of Alumina’s market share. Alumina has business interests in automotive components and manufacture packaging materials, bauxite mining, and Alumina refining and smelting. The company falls under the jurisdiction of Region 6 of the Environmental Protection Agency (EPA) (University of Phoenix, 2010). Recognizing and Minimizing Tort and Regulatory Risk Plan Companies and organizations such as Alumina, Inc. have corporate governances that require them to operate their businesses under government rules, regulations and boundaries. The rules and regulations have been authorized and enacted by major legislation, which are enacted by Congress and enforceable by laws. Minimizing the risk of tort liability is the goal of every organization and company. Five years ago Alumina was in violation of environmental discharge norms in a routine EPA compliance evaluation inspection. The EPA ordered a cleaned up and Alumina complied right away. Now, the case of negligence starts. The government places a high level the importance on the preservation of the environment and enforces environmental regulations...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan A business, whether for or not for profit, in this country, is regulated under guidelines known to us as laws. These laws hold business leaders accountable for conducting business in an ethical manner and protect consumers from negligent practices imposed by a business. An example of these laws is Tort Law, which is a law that provides compensation for tortuous acts to an injured party or party’s property through a civil lawsuit (Cheeseman, 2010). Tort, defined as “a wrong”, is categorized by two components: Negligence Torts and Intentional Torts. The issue of a tort violation is a matter of the plaintiff proving his or her case or the defendant establishing a reasonable doubt that dismantles the plaintiff’s case. By using Alumina, Inc. as a point of reference, this paper will address how regulatory risks are identified and how they can be managed though preventive, detective and corrective measures. It will also concentrate on the torts and risks identified in the simulation and develop a plan that recognizes and minimizes the regulatory risks in this week’s simulation as well as those examined throughout the chapters in this week’s readings. Alumina, Inc., a four billion dollar United States based aluminum maker located along the borders of Lake Dira in Erehwon, is a manufacture of packaging materials, automotive components, bauxite mixing, alumina refining and aluminum smelting. It operates in eight countries...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan Environmental Regulation is perhaps the most stringent area of government’s regulation in business. The government imposes great technology investment demands on the industry for regulatory compliance. One single act of irresponsibility can cost businesses greatly or be forced to close (Business Regulation Simulation, 2009). It is important to identify, manage, and correct torts and regulatory risks for Alumina, Inc. so legal issues do not arise in the future. Alumina, Inc. is a $4 billion dollar USA-based industry leader in Aluminum making. They operated in eight countries around the world. The US accounts for seventy percent of its sales. Their business interests are in: automotive components, manufacturer of packaging materials, and aluminum smelting. Alumina falls under jurisdiction of Region 6 of the EPA. A tort is the French word for a “wrong.” The law provides remedies to persons and businesses that are injured by the tortuous actions of others (Cheesman, 2010). Kelly Bates claims Alumina did not comply with the Environmental Protection Agency (EPA) legal limit of producing PHA. The drinking water in Lake Dira was found to be unsafe, which caused leukemia in her 10 year old daughter. The plaintiff has filed a million dollar personal injury lawsuit against Alumina to recover punitive damages (Business Regulation Simulation, 2009). Two of the possible tort violations in this simulation...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan Damesha N. Horace Law 531/Business Law July 19, 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest (West’s Business Law, 2004). To reduce litigation and tort liability, businesses should ensure they are educated in local, state, and federal laws, and regulations. To protect its reputation and assets, it is critical that businesses have a plan in place to address tort and regulatory risks. Preventative, Detective, and Corrective Measures A preventative plan should include procedures that make businesses aware of regulations and liability torts they could encounter. The company business plan should also include actions to take in the event of a government regulation violation or tort liability. The plan should identify possible torts for non-compliance to government laws and regulations. Other issues that should be in the plan include health risks to employees, consumers, and the public. Companies should delegate a team of individuals to educate employees. This team should fully understand laws and regulations and also keep management abreast of new issues as they develop in the industry. Common Torts and Risks Negligence, defamation/slander/libel, invasion of privacy, Freedom of Information Act (FOIA), and strict liability are tort liabilities uncovered after...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan Law 531 Charles Cook January 24, 2011 Recognizing and Minimizing Tort and Regulatory Risk Plan For organizations to avoid detrimental situations that can create excessive loss for the business, it is imperative for them to Recognize and minimize the risks associated with torts. According to Henery Cheeseman, 2010, “Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society”(Cheeseman, 2010). Developing a clear plan that reduces and eliminates any fines, penalties and tort liabilities will help the success of a business. Cheeseman (2010) states “Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society” (Cheeseman. 2010). Plan elements Knowing the four elements of defending against negligence is fundamental to developing a preventative plan against negative effects of a tort. With foresight, a business can plan against the occurrence by superseding or intervening the event. Having knowledgeable team members who can determine whether or not the company is actually responsible for an event is essential. Assuming the risk of potential negligence can help to diminish the possibility of tort. Keeping a business team aware of what risks are possible and can help to avoid situations where a company knowingly enters into risky practices will keep businesses safe from liability. Finally, both contributory...
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...MARKETING REPORT PLAN- RECOGNIZING and MINIMIZING TORT and REGULATORY RISK PLAN According to several managers tort is a social wound planned to offer return for damage to an officially sheltered, physical or indefinable, notice. In order to decrease legal action and tort accountability, companies must make sure they are well-informed in local, status, and federal laws, and set of laws and in order to defend its status and property, it is dangerous that companies should have a plan in order to deal with such torts and regulatory hazards. In current environment companies have to be forcefully involved in increasing, keeping and sustaining and carrying up on precautionary and remedial action plans that be appropriate in company. In today’s environment work setting are confronted with regulatory hazards, for instance, tort accountability that consists of planned torts, carelessness, and severe accountability. When parties commit intentional acts such as assault and battery or defamation these are the harms that is called intentional tort. On the other hand, negligence “is the non-success to use sensible care, that the action of something which a sensibly well thought-out person would not do or the disappointment to do something which a sensibly foolish person would do under like conditions (Charles P. S, & Sandra L. H, 2003).“However, for the third tort is harsh tasks it is the authorized accountability for compensation, or injury, still if the person establish...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan The key to an effective operating a business is proper management and preventive measures to limit the organizations tort liability. Tort liability and risk management has to be dealt within the day to day business of many organizations. Alumina tort liability and regulatory risk will be identified and a successful business plan will be designed to manage. Each liability for all detection, corrective, and prevention measures will be described. The plan will identify Alumina’s best course of action to reduce tort liability and expected results for risk management. Five years ago, Alumina had a liability that brought an action against the company. Due to previous lawsuits and recent complaints which revealed potential risks, the company has current tort liabilities. The list of tort liabilities and regulatory risks consist of the First Amendment, Defamation, and Freedom of Information Act. When compared to Alumina’s prior and current liabilities these risks are the most impacting. The company had to deal with accusations that the local water supply was still being polluted. Five years ago, the company was found guilty of the charges from a different case. The company has correct the issues and made the changes are in line with federal regulations. The company’s current accusation is founded to be unfounded defamation against the company. Public perception will be a motivator since the claim is originated in...
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...Recognizing and Minimizing Tort and Regulatory Risk There is an imminent necessity for organizations to recognize and prevent torts. In the following essay we will find the analysis of a simulation for a company called Alumina, indicating the legal matters and risks they are taking. Also we will discuss a preventive plan for a company in Puerto Rico and how the Puerto Rican government treats torts and regulations. The simulation of Alumina, is very interesting. This fictitious company is accused of contaminating water with carcinogens. and consequently a girl who consumed the water was diagnosed with leukemia. The mother blames the company and is stating this to the news. The government empowers certain agencies to assist states in regulating the way companies do certain procedures to maintain a certain quality of life. An example of such agencies is the Environmental Protection Agency (EPA). This agency was created in 1970, if a standard is not met EPA has the authority to issue sanctions among other steps to ensure an environmental quality of life. The company needs to do something about this. The board of the company is Todd, Lloyd, and Richards. Todd is the legal council he firmly believes that the procedures for disposal of waste are efficient and that they are below the specified level in compliance with the Clean Water Act; thus he thinks the company should submit a story about this. Lloyd is certain that the acquisitions are without foundation, but he...
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...,2 Recognizing and Minimizing Tort Paper Jorge A Cuellar University of Phoenix LAW/531 Business Law November 08, 2010 Loi-Natalie Laing, Esq. Recognizing and Minimizing Tort Paper Alumina Inc. is a company that makes aluminum automotive components and manufacturers all packaging materials like bauxite mining, alumina refining, and aluminum smelting. The company uses some chemicals that are necessary for the process and these chemicals contain and produce carcinogen effluents that can affect the environment and the people’s health in certain ways. The company is locating near to a lake and a small town, therefore the environmental regulations are very strictly in order to prevent any type of contamination that could affect the wildlife and the people surrounding the company. It is necessary to implement an operational system that will control and minimize the impact of the company’s waste toward the environment. The purpose of this paper is to recognize and minimize tort and regulatory risk plan for a company such as Alumina Inc. and explain how regulatory risks may be identified and managed through preventive, detective, and corrective measures. This plan has to be implemented according to the process and the technology employs within the company, in order to be efficiently and at the same time comply with the purpose of protecting the environment and meet the governmental regulations. Tort law imposes a duty on persons and businesses agents to prevent intentional...
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...Recognizing and Minimizing Tort and Regulatory Risk Hector Sierra University of Phoenix Law 531 Businesses deal with tort liability and management in the day to day operations. Minimizing tort liability is a key factor in operating a successful business. Alumina Inc., has developed a plan to prevent, identify and implement corrective measures for handling tort liabilities. Recognizing and Minimizing Tort and Regulatory Risk Alumina Inc. is a $4bn U.S. based international aluminum company with eight locations worldwide. Alumina Inc. falls under certain government regulatory agencies and laws such as The Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and CERCLA. Alumina Inc. was reported to be in violation of environmental discharge five years ago. Even though Alumina Inc. corrected the violation, Alumina Inc. still faces a possible bad reputation because of this incident. Alumina Inc. has had a good record ever since that incident was corrected. A local resident of the community named Kathy Bates has accused the company of repeatedly contaminating the waters of Lake Dira before. Kathy Bates has now filed a complaint against Alumina Inc. in regards to suspicion that her daughter contracted leukemia due to the consumption of contaminated water. This complaint calls for an investigation of the company’s practices with regard to the Clean Water Act of 1972. However, traffic is causing water pollution in Lake Dira as well. Increased...
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...Running head: RIORDAN RISK ASSESSMENT Riordan Risk Assessment LAW/531 Jack Tandy Riordan Risk Assessment Riordan Manufacturing currently employs 550 people and is a major player in the global plastics supply. The parent company, Riordan Industries is a Fortune 1000 enterprise and has over $1 billion in excess revenue. Riordan Manufacturing is headquartered out of San Jose, California, and supplies plastics to market verticals such as automotive, aircraft, and the government. Riordan Manufacturing prides themselves on the focus of using polymer materials for customer needs and building long-term relationships with each client. Since the start of the organization in 1991, growth has been a definition of Riordan Manufacturing. Growth is a necessity to any organization, but with growth provides risks that should be assessed. The following discussion, will analyze potential areas of risk within Riordan Manufacturing. The potential risks that will be analyzed include contract, tangible and intellectual property risk, employee risk, along with tort and regulatory risk. Each of the identified potential risk areas could inhibit the ability for Riordan Manufacturing to continue growth and potentially include major decrease in business success. In addition to the potential risk areas, compliance is another factor that needs to be ensured. Sarbanes-Oxley has specific requirements that will require Riordan Manufacturing to meet for continued...
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...abuse is a form of harassment. The manager in a professional environment may utilize several measures to prevent intentional torts. The act of bullying may give way to torts related to mental distress, pain and suffering, and hostile environment First, a manager should lead by example. Setting clear expectations that bullying is not allowed will set the tone for the company. Employees should be trained on where to find information regarding the company’s bullying policy and acknowledge that they have read and understood the policy. In most cases a policy isn’t enough to deter negative behaviors. Asking for feedback and allowing employees to express their point of view is one a great measure to implement. In addition, when employees exhibit positive behaviors they should be recognized in a systematic manner. This will create a culture that fosters an optimistic corporate culture. BP Podcast The BP oil spill that occurred off of the Louisiana Gulf Coast is perhaps the worst oil spill to occur in history. It aroused a nationwide concern for the environmental strains placed on our ecosystem and placed a high profile spotlight on the legal considerations both a corporation and government should uphold to prevent and handle such situations. Risk management is both a preventative and situational measure that all organizations should strictly enforce. BP’s risk management department failed to avert the disaster that destroyed wildlife habitats and fishing industries and that took the...
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