Selected Hse Kpi And Descriptions Construction Essay

Selected Hse Kpi And Descriptions Construction Essay Depending on the scale of measurement or where in the process the indicators are being used, many of implemented measurements could be understand both leading and lagging indicators. One Lagging indicator for Division Scale could be understood a leading indicator for upper scale such as Organization Scale or Industry Scale. In this research indicators are classified based on its subject as the measurement carried out at different organizational level. In this context and within finest scale, indicators of group six are lagging indicator. Group one to five can be as leading indicators and group seven is combination of group of six adjusted by business progress. Both lagging and leading indicators can be found in group eight; however all of them arranged based on its environmental impacts. Group 1: HSE Meeting Group is framework showing the HSE performances which result from important Health, safety and Environmental meetings to manage the HSE conditions. This group is not covered training and following indicators are considered in that: Table 4.1: Selected HSE KPI and Descriptions, Group 1 Toolbox Number of toolboxes Number of toolbox meetings has been held in operations. ToolBox is a common name of meeting in many industries and refers to a brief meeting at the start of the day (15minutes) gives everyone clarity about what needs to be done safely, What are the safety precautions in devices, operations, work sequences and arrangements? The meeting has to be held by operation supervisors or team leader with attendance of all workers. They do a primary review of changes rather than the plan. Workers have to say any HSE problems in narration to his/her leaders, however these problems can report as unsafe condition. Advantages: Control all last changes in operation and reminding safety precautions and practices. Disadvantages: This meeting in routine operation may become boring and just carried out as a formal functions. Toolboxes may be arranged based on safety plan. Committee % of recorded Meeting Percentage of held HSE meeting against plan. Appointed committee by Occupational Safety Health Authority in factories which gathered monthly to compile OSH requirements lead to reduce workplace injuries illnesses. This committee may gather on monthly bases to discuss on the incidents and any corrective actions need to be taken. As this just requested by Occupational health and safety regulation body in countries not by environmental department. The meeting just concentrated on safety and health. Advantages: Enforcing by regulation authorities and the power assigned to this group may bring more execution power to remove unsafe conditions. Disadvantages: As this meeting enforced by regulators, it may considered as an internal spy in companies however it could be setup more positively inside the company. Incident Investigation Number of investigations; % of Investigation per incidents; Number of incident investigated against reported. Meetings held by company to identify root causes and casual factors conducting the incidents or near misses and record corrective action for follow up to prevent reoccurrence. The investigation could be very useful if they handled on the right procedures. As the number of accident may be limited companies may do investigation on their near misses as well. Advantages: Understanding the underlying reasons or hidden risk lead company to prevent from happening similar incidents. Disadvantages: The methodology may different from company to others so the number does not necessary means to quality of inspections. HSE Planning Number of Meetings Number of JSA or risk assessment meeting through HSE Department. Number of registered HSE meeting in company including weekly meeting with contractors for hazard identification and risk management or unscheduled planning meetings requested by project such as Job Safety analysis (JSA), Post JSA, HAZOP, HAZID, Pre-start up or Pre-commissioning. Advantages: This is completely technical meeting which analysis risks of specific operation in collaboration all executive representatives. Disadvantages: It is technical and couldnt be held in absents of HSE experts. Management Review Number of Meeting Number of HSE meeting by top manager. Formal, recorded meeting under the Chairmanship of the Facilities Manager that take place at regular intervals to discuss the functioning of the HSE management system and review of past performances and targets. Advantages: As this meeting chaired with top management so it brings higher commitments to different business function to meet the set goals. Disadvantage: This meeting couldnà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t be held frequently and almost hold once per year. So it couldnt be help for improving HSE commitment in limited time scale. Group 2: The main attribute of indicators at this group are concentrated on management system. Management systems have the general elements inherently regardless if they integrated or not in practice. These elements generally are leadership and commitment, planning, implementation, document control, purchase control, review and monitoring of performance, continuous improvement and consultation, (Cooke, Jully 2011). The management system is a tool that company employed to maintain its objectives through designated model. So documentations, process, people, behavior, connections and other components in management system are structural elements while the way they interact, integrate or keep in contact will follow base on internal model. Different HSE models may implement in companies electively while the effectiveness of the selected models are not completely clear for the managers. Most manager in organization believe that having the management systems are important for their reputation externally but they are not sure how effective is the management systems for their work operation. They just follow the market tendency and they add it as one project to their businesses without attention to the models engaged. So companies may engage different indicators to help them to measure the overall performance of their systems. But having management system does not necessity means having high Health, safety and environmental performance. In fact management system is just a tool to help company to improve its performance. Indicators considered in this group are: Table 4.2: Selected HSE KPI and Descriptions, Group 2 Work procedures # of written HSE items/ procedures % Written procedures complete; Written documents cover for routine or critical operations to ensure that all HSE barriers are in places without risks to the health of employees or environment including who may be affected. Advantages: The suitable and effective procedures based on best practices, help employee from deviation from safe practices. Disadvantages: Preparation of HSE procedures are not easy task and needs great past experiences to define suitable procedures based on practices. Frequency of HSE team inspections # HSE Inspection hour inspected per 1000 Manhours worked Ratio of Scheduled inspections hour completed to 1000 man hours worked by work area/dept. HSE officers do HSE inspections to insure that all HSE measures are in place in site and to evaluate any reported unsafe conditions , to control Unsafe act, to monitor changes in operation and compliance with permits in work area. # Inspections by PMT Number of Closed HSE Items by Head Number of inspections carried out by project management team. Workplace visibility tour by middle and senior managers in the work area once per month to observe real HSE performances HSE culture, to review and discuss comments and questions related the project and HSE requirements. MS Score Internal/External audit Score Sum of all actual criterion scores (AC)/Sum of all maximum criterion scores (MC) x 100. External/Internal HSE audit at least on semi annual basis might be carried out to assure the requested HSE Management system (MS) is in place by company or its contractors. The evaluation is conduct on MS elements and different scoring system may implemented by variety organizations. NCR # Minors/ Majors NCR Number of observed lapse (Minor) total number of absence or total breakdown of a required process (Major). Number of observed lapse (Minor) total number of absence or total breakdown of a required process (Major). The accreditation body requires that recertification audit be carried out every 3 years. Group 3: Training and competency are one of the basic requirements in all management system and OHSA and Environmental system as well. The following indicators are grouped under group three: Table 4.3: Selected HSE KPI and Descriptions, Group 3 Training hours for HSE Matrix %Scheduled training completed Inside/ Outside the Company Man hours Training for specific Health, Safety and Environmental subjects internally or at external training center. To improve HSE awareness of employee regard with his/her main safe functions, different courses may assigned to him/her. This matrix will organize essential safe skills for workers such as rigging, Lifting, Welding, Cutting others in relationship with main duty of employees. Some general courses such as basic Fire fighting, environmental concerns maybe add to all. HSE Induction # HSE inductions Number of personnel attended in HSE induction. HSE proceduresregulation Emergency response plans responsibilities communication and reporting are inducted to all personnel in their arrival on companys premises. The Gate Pass is issued to only those who successfully attended. Drill Total Number of Drills Number of different type of drills carried out in each quarters or annually. An exercise intended to train people in practice for their duties and escape procedures. To prevent forgetting of responsibilities and proper arrangement of different operations, different drills have to be to be followed in case of emergency in each organization. Fire Fighting, H2S, Evacuation, Confined space are some general requirements which must be scheduled and conducted regularly. Group 4: This group contains indicators used to hazard identification. The immediate causes of accidents are circumstances usually can be seen as substandard practices or sub- standard conditions. This hazard not just related to the safety aspects but also covered all substandard practices in environmental and Health as well. Following indicators are set for this group: Table 4.4: Selected HSE KPI and Descriptions, Group 4 # Unsafe act Number of Recorded Unsafe Act Number of reported Unsafe act; The unsafe Act means removing or wrong practices of barriers in place for hazard controls. It may be the sole accident cause or one of several causes An unsafe act is a change from an accepted, normal, or correct procedure that usually causes an accident. It can be any conduct that causes unnecessary exposure to a job-site hazard or that makes an activity less safe than usual. # Unsafe Conditions # Recorded Unsafe Conditions Number of lost primary barriers; It means improper maintenance or lack of any barriers needed for hazard control. It could be mechanical, physical, chemical or environmental condition, situation or state of affairs or lack of training or induction or procedures which may cause hazard or accident. The unsafe condition might be the result of any unsafe act (human failure) or accidental failure or alteration of the safe condition. Examples are, wrong design, no guard on dangerous part, no control of chemical process, no provisions of safety devices, poor light, poor ventilation, confined space, high noise etc. # Issued Permits Number of formal written documents used to control certain type of work hazards by declaring related barriers. For routine operation permit issuance may be carried out in specific situations. Permits are only issued when the necessary safety precautions have to been taken for specific attribute or hazards which allow control centre to know related information regard with safe operation. Group 5: Contractors and employee participations; Communication and participations are two important elements in new advanced management systems. Implementing any new procedures or resilience level in organizations all depend on this context. Following indicators are grouped: Table 4.5: Selected HSE KPI and Descriptions, Group 5 % Employee participation Number of direct report from employee on HSE Number of direct report from employee on HSE matters; The employees awareness and effectiveness of the HSE program depends on the participation and cooperation of employees in carrying out HSE responsibilities. If the HSE atmosphere in company changes, it shows its impact on the rate of contribution directly. HSE Award Total amount of money Number of peoples received awards Total amount of money distributed or number of peoples received awards; Means taken by company to motivate the staff supervisors by issuing/ awarding them with the tokens/ gifts monetary incentives to participate on hazard identification and more accountability/ responsibility. # Bid with HSE coverage # Pre-qualified Contract on HSE # rejected tender because of lack of HSE performance Number of contractors pre- qualified (considering HSE score in tender selection or pending invoices till HSE confirmation). Tender should include provision to suspend safe work if the contractor does not observe the HSE requirements described in the contract. Any compensation arising out of the contractor job will be paid by the contractor if the HSE procedures are not being in practice by contractors. HSE organisation culture level HSE culture level from pathological to generative level; The characteristics of organization is described at five level and typical descriptions are given for 18 dimensions that can be used to identify the current level of the organization in terms of HSE. Group 6: Other group of indicators is related to the statistic of incidents and accidents. This group contains a wide range of row data of incidents from non-recordable to accumulated indicators as 1- Non- injuries incidents, 2- Incidents with injuries. Non recordable incidents: Indicators in this section are important but as they are not evaluated by regulation bodies, they called non recordable. They are related to the statistic of incidents and accidents with no injury as follow: Table 4.6: Selected HSE KPI and Descriptions, Group 6.1 # Near Miss Number of near hit events Number of event Cases that had potential to cause injury or damage or loss but avoided because of circumstances. Incidents where no property was damaged and no personal injury sustained, but where, given a slight shift in time or position, damage and/or injury easily could have occurred. First Aid Case (FAC) Number of minor injury not recorded Number of cases of minor work injury or illness such as cleaning minor cuts etc which no need to medical devices. This factor is not considered in TRC however it can provide an estimation of number of small injuries in work environment that have potential to more sever incidents. Non-Injury Accident/Incidents # Non-injury Accidents/Incident Cases Total number of event or chain of events caused damage to assets, the environment or third parties with no injury. Any unplanned event result in: damage or loss to Property, plant Materials, environment and/or a loss of business opportunity such as fire or explosion, Environmental incidents, Quality incidents, vehicle incident so on. Again as this incidents having any injuries they not being interested by regulation bodies so considered as non recordable incidents. Companies are record this incident for themselves. Recordable incidents: This group is related to the indicators that just count the number of incident cases which have different severity of injuries. Incidents with medical treatment up to the fatalities are all in this group as discussed below: Table 4.7: Selected HSE KPI and Descriptions, Group 6.2 TOTAL Recordable Injury/Incident Case # TRC # TRI Total number of incident case for Fatalities, Lost Work Day Case, Restricted Work Day Cases Medical Treatment Cases. Advantages: It has enough number for analyzing meaningful trend. Disadvantages: As this factor just counting the number of incidents with the same weight, it couldnt be a good estimation of performances. Medical Treatment Case (MTC) # MTC Number of injured or sickness person requires treatment (more than first aid) from professional physician or qualified paramedic. Medical treatment beyond First Aid e.g. wound-closing prescription medication removal of foreign material that is embedded in the eye or diagnosis of cancer, chronic disease, a cracked bone or etc. Restricted Workday Case (RWDC) # RWDC Number of cases in which employee cannot fulfill his normal work the day following an incident but is able to undertake a temporary job. Or any work related injury other than a fatality or lost work day case which results in a person being unfit for full performance. The case does not have any days away from work, but has days of restriction. If a case either has one day away from work, or both restriction and absence injury should be recorded as LWDC not RWDC. Lost Work Day Case (LWDC) # LWDC Number of Cases in which an employee was absent of scheduled work because of work illness or injury and does not include the day of incident and does not cover fatalities case. Lost Time Injury(LTI) # LTI Number of work related injury or illness which prevents person from doing any work the day after the accident. It includes cases lead to at least one day off work till death because of work illness or injury. It does not include cases with no lost days such as MTC or RWDC. Fatality # Fatalities Number of workers loses their lives to work related injuries and include Cases that involve one or more people who died as a result of a work-related incident or occupational illness. Days Away or restricted or Transferred duty, DART # DART Combination number of Cases of LWDC RWDC. Cases that involve Lost time, or days of restricted work activity or job transfer, or both however not include fatality cases. Advantages: Having adequate data fluctuation for managing the performances rather than fatalities or just lost work days. Disadvantage: In small industry still lack of adequate data for reliable analyze is exist. Group 7: Other group of indicators is related to the adjustment of basic statistic of incidents and accidents to the business context performances. This group contains a wide Combination of range of incidents with the time of operations or number of workers. Different organization may make this ratio per its own constants. For example in UK, the constant is 100,000 fulltime workers which equivalent by 200 Million working hours. This constant for OGP members is half, because the companies working hours is carried out at organization scale which smaller than industrial scale. This differentiate can be seen between companies. for example BP provide some of its reports based on 200,000 man hours while Shell act the same as OGP and use 1,000,000 man hours constant. On other side, one organization depends on type of indicator, considering different constants. For example Shell used 100,000,000 man Hours as its constant when analyzing its FAR while benefit of 1,000,000 man hours in reporting its LTIF. Indicators in this group are: Table 4.8: Selected HSE KPI and Descriptions, Group 7 Days Away or restricted or Transferred duty Rate, DART rate Indicates number of incident caused away, restriction, or transfer cases per 200,000 worked hours. calculate based on (N/EH) x (200,000) where N is the number of cases , EH is the total number of hours worked by all during the year, and 200,000 is the base for 100 employees which may change. LTI Frequency Rate LTIF Rate The number of lost time injuries (fatalities + lost work day cases) per 1,000,000 work hours. The constant may be changed from company to company. This indicator just shows the frequency of LWDC Fatality cases but not give any data regarding the weight of the incidents. LWD Severity Rate Average days lost with each Lost Work Day Case. Mathematical calculation that describes the number of days lost experienced compared to the number of incidents experienced and lead to lost work day without considering fatalities. TRIR: Total Recordable Injury Rate TRIR/ TRC Rate The ratio of all recordable injuries including fatalities, LWD cases, and Medical treatment Cases per 1 million worked hours. Fatality Accident Frequency Rate FAR, FAFR The number of fatalities per 100 million man hours worked. This indicator may call Recordable Fatality Rate by some companies. Constant is different in companies. This indicator just compares the rate of fatalities with other industrial groups, however because of rare frequency in one company it couldnt be helpful for decision making by managers. Fatality Incident Frequency Rate, FIR, FIFR The number of fatalities accident per 100 million man hours worked. Rate of fatal incident per 100,000 workers (UK), 100,000,000 Man hour (OGP) This indicator just shows the frequency of incident cases that result at least one fatality and does not prepare information about number of fatalities. Process safety event rate PSER, PSIR The number of incidents of unplanned or uncontrolled LOPC (Lost of primary containment) of any material including non-toxic and non-flammable materials per one million worked hours that happens in direct contact with process operation in premises of company. In process industry, incidents result to either lost time injury, Fire with direct damage more than 25000$ to assets, Chemical release and environmental impact beyond limited threshold per 1 million worked hours. A process must have been directly involved in the damage caused. For this purpose, the term process is used broadly to include the equipment and technology needed for chemical, petrochemical and refining production, including reactors, tanks, piping, boilers, cooling towers, refrigeration systems, etc. An incident with no direct chemical or process involvement, e.g., an office building fire, even if the office building is on a plant site, is not reportable (CCPS, 2011). Advantages: It considers different impacts from direct damages, lost time and injuries to environmental impacts. Disadvantages: Although the impact considered in cumulative way, but all impacts consider in same weight. More over it does not cover any other incidents which not connected directly to the process, so it couldnt be used by other industries. Process Safety Incident Severity Rate (PSISR) Ratio of Total severity scores for all process safety incidents per 200,000 Work Hours of total employee, contractor subcontractor work hours. The constant may change in companies. In determining this rate, 1 point is assigned for each Level 4 incident attribute, 3 points for each Level 3 attribute, 9 points for each Level 2 attributes, and 27 points for each Level 1 attributes. Theoretically, a PSI could be assigned a minimum of 1 point (i.e., the incident meets the attributes of a Level 4 incident in only one category) or a maximum of 108 points (i.e., the incident meets the attributes of a Level 1 incident in each of the four categories. Advantages: Consider the weight of severity level of each incident for total process safety besides considering four dimensions in measuring the consequence of each process incidents. Disadvantages: Just consider some process cases. THP; Total Hazard Potential Rate Total HazPoC (Hazard Potential Cases) indicating overall potential of hazard of unsafe act/unsafe condition (identified with/without incidents) per 100 Sq. meter per week. It can show the HazPoC related to the safety, Health, Environment separately or totally. Advantages: It demonstrates total hazard potential of company or its project that generated from requested barriers. By adding any new assets or finishing a project this rate will change weekly. However it will propose based on the boundary of occupied land and time. Disadvantage: It needs powerful software and network connections. This indicator is new and under trial . MHP; Mitigated Hazard Potential The total amount of Hazard potential which mitigated by barriers in practice. (Secured HazPoC). This indicator just demonstrates the HSE performance of company on weekly bases in implementation of safe work practices per Total HazPoC identified. Advantages: All barriers implemented or removed have direct impact on the HSE performance of company based on changes on risk of related hazard of that barrier. So any department can understand its performance on removing or maintenance of own barriers. Disadvantage: Same as TPH Group 8: All environmental subjects that may consider impact on work environment are short listed in this group. Although there are many different environmental factors that experts minded in perspective of top managers just one important element is considered. It has been notice that HSE department may have to control many factors more than these indicators, but we want to understand which one may be desired by CEO to being controlled as a business performances. This group consists of following indicators: Table 4.9: Selected HSE KPI and Descriptions, Group 9 Energy Intensity Ratio of energy consumption to gross domestic product or other industry output. Energy consumption ratio per gross domestic product or other industry output such as Sales, freight ton-miles, GDP as economic output may be considered in different organization. Waste discharge Load Total wastewater Load discharged in population equivalent (BOD). To measure this indicator both quantity and pollution concentration have to be considered. In Oil company may BOD rate is replaced with Oil Load discharge. Recycled, Reused and Recovered Materials Tones of Hazardous/ Non Hazardous waste recycled, reused, recovered from waste stream. Measuring this indicators required company measure the amount of waste generation and then recording its recycling to produce this rate. The amount of recycling waste per generated waste multiple 1000, indicate the rate of recycling per 1000 tone total waste generation. Social Contribution Expenses Million $ on social responsibilities or number of local people trained or fostered. Contribution on Local community conferences, volunteer service centres, Training, Employment, Health Care etc in nearby society are samples of contributions. Direct GHG Emission Total quantity of GHGs released to atmosphere at a specific time in Co2 equivalent. Total quantity of GHGs released to atmosphere covering emission of different gases such as CH4, CO2, NOx, CFCs, HCFCs etc however it is not cover all air pollution. 4.2 HSE KPI Specification: Study findings indicate a statistically significant relationship between culture and gross earnings. Gilbert (1978) maintains that when the five dimensions (information, resources, incentives, knowledge, and capacity) are aligned and operating interdependently, workers are intrinsically motivated to perform. Later in 2001, It is theorized that the link between culture and financial performance is mediated by worker motivation. Strong cultures help organizations perform because they create a strong sense of motivation in workers. (Kotter Heskett, cited in Flamholtz). Recently (Piers, 2009) in his study mentioned 6 main elements as essential dimensions of organizational culture in organization. These specifications are: Commitment Behaviour Awareness Adaptability Information Justness In Our research, If we are looking for an indicator cause the organizational culture to improve, the chosen indicator have to had the same characteristics inherently which can demonstrate the same aspect of organization. Commitment: reflects the extent to which every level of the organization has a positive attitude towards safety and recognizes the importance of safety. Top management should be genuinely committed to keeping a high level of safety and give employees motivation and means to do so as well. Behaviour reflects the extent to which every level of the organization behaves such as to maintain and improve the level of safety. From the management side, the importance of safety should be recognized and everything needed to maintain and enhance safety records should be put in place. Awareness reflects the extent to which employees and management are aware of the risks for themselves and for others implied by the organizationà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s operations. Employees and management should be constantly maintaining a high degree of vigilance with respect to safety issues. Adaptability reflects the extent to which employees and management are willing to learn from past experiences and are able to take whatever action is necessary in order to enhance the level of safety within the organization. Information reflects the extent to which information is distributed to the right people in the organization. Employees should be encouraged to report safety concerns. Work related information has to be communicated in the right way to the right people in order to avoid miscommunication that could lead to hazardous situations. Justness reflects the extent to which safe behaviour and reporting of safety issues are encouraged or even rewarded and unsafe behaviour is discouraged. He divided each attribute to detail specifications which demonstrate in following table. The highlighted items in this table are important items that considered while the questionnaire was designed. Management perspective and participating of different management level are important elements that improve the reliability of collected data. Table 4.10: Positive attribution lead to culture improvement Characteristic Specific attribute Commitment Management concern Perception of importance of safety Prioritization of safety Safety procedures and requirements Personal involvement and responsibility for safety Behaviour Employee behaviour w

Ethical Decision Making and Behavior

7 Ethical Decision Making and Behavior As we practice resolving dilemmas we find ethics to be less a goal than a pathway, less a destination than a trip, less an inoculation than a process. —Ethicist Rushworth Kidder WHAT’S AHEAD This chapter surveys the components of ethical behavior—moral sensitivity, moral judgment, moral motivation, and moral character—and introduces systematic approaches to ethical problem solving. We’ll take a look at four decision-making formats: Kidder’s ethical checkpoints, the SAD formula, Nash’s 12 questions, and the case study method.After presenting each approach, I’ll discuss its relative advantages and disadvantages. U nderstanding how we make and follow through on ethical decisions is the first step to making better choices; taking a systematic approach is the second. We’ll explore both of these steps in this chapter. After examining the ethical decision-making process, we’ll see ho w guidelines or formats can guide our ethical deliberations. 235 236——PART III. Ethical Standards and Strategies Components of Moral Action There are a number of models of ethical decision making and action.For example, business ethics educators Charles Powers and David Vogel identify six factors or elements that underlie moral reasoning and behavior and that are particularly relevant in organizational settings. 1 The first is moral imagination, the recognition that even routine choices and relationships have an ethical dimension. The second is moral identification and ordering, which, as the name suggests, refers to the ability to identify important issues, determine priorities, and sort out competing values.The third factor is moral evaluation, or using analytical skills to evaluate options. The fourth element is tolerating moral disagreement and ambiguity, which arises when managers disagree about values and courses of action. The fifth is the ability to integrate m anagerial competence with moral competence. This integration involves anticipating possible ethical dilemmas, leading others in ethical decision making, and making sure any decision becomes part of an organization’s systems and procedures.The sixth and final element is a sense of moral obligation, which serves as a motivating force to engage in moral judgment and to implement decisions. James Rest of the University of Minnesota developed what may be the most widely used model of moral behavior. Rest built his four-component model by working backward. He started with the end product—moral action—and then determined the steps that produce such behavior. He concluded that ethical action is the result of four psychological subprocesses: (1) moral sensitivity (recognition), (2) moral judgment, (3) moral focus (motivation), and (4) moral character. Component 1: Moral Sensitivity (Recognition) Moral sensitivity (recognizing the presence of an ethical issue) is the firs t step in ethical decision making because we can’t solve a moral problem unless we first know that one exists. A great many moral failures stem from ethical insensitivity. The safety committee at Ford Motor decided not to fix the defective gas tank on the Pinto automobile (see Chapter 2) because members saw no problem with saving money rather than human lives.Wal-Mart was slow to respond to concerns raised by employees, labor groups, environmentalists, and others about wage violations, sexual discrimination, poor environmental practices, and other issues. 3 Many students, focused on finishing their degrees, see no problem with cheating. (You can test your ethical sensitivity by completing the â€Å"Self-Assessment: Moral Sensitivity Scenarios. †) According to Rest, problem recognition requires that we consider how our behavior affects others, identify possible courses of action, and determine theCHAPTER 7. Ethical Decision Making and Behavior——237 consequ ences of each potential strategy. Empathy and perspective skills are essential to this component of moral action. If we understand how others might feel or react, we are more sensitive to potential negative effects of our choices and can better predict the likely outcomes of each option. A number of factors prevent us from recognizing ethical issues. We may not factor ethical considerations into our typical ways of thinking or mental models. We may be reluctant to use moral terminology (values, justice, right, wrong) to describe our decisions because we want to avoid controversy or believe that keeping silent will make us appear strong and capable. 5 We may even deceive ourselves into thinking that we are acting morally when we are clearly not, a process called ethical fading. The moral aspects of a decision fade into the background if we use euphemisms to disguise unethical behavior, numb our consciences through repeated misbehavior, blame others, and claim that only we know the â €Å"truth. 6 Fortunately, we can take steps to enhance our ethical sensitivity (and the sensitivity of our fellow leaders and followers) by doing the following: †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ Active listening and role playing Imagining other perspectives Stepping back from a situation to determine whether it has moral implications Using moral terminology to discuss problems and issues Avoiding euphemisms Refusing to excuse misbehavior Accepting personal responsibility Practicing humility and openness to other points of viewIn addition to these steps, we can also increase ethical sensitivity by making an issue more salient. The greater the moral intensity of an issue, the more likely it is that decision makers will take note of it and respond ethically. 7 We can build moral intensity by doing the following: †¢ Illustrating that the situation can cause significant harm or benefit to many people (magnitude of consequences) †¢ Establishing tha t there is social consensus or agreement that a behavior is moral or immoral (e. g. legal or illegal, approved or forbidden by a professional association) †¢ Demonstrating probability of effect, that the act will happen and will cause harm or benefit †¢ Showing that the consequences will happen soon (temporal immediacy) †¢ Emphasizing social, psychological, physical, or psychological closeness (proximity) with those affected by our actions †¢ Proving that one person or a group will greatly suffer due to a decision (concentration of effect) 238——PART III. Ethical Standards and Strategies Finally, paying attention to our emotions can be an important clue that we are faced with an ethical dilemma.Moral emotions are part of our makeup as humans. 8 These feelings are triggered even when we do not have a personal stake in an event. For example, we may feel angry when reading about mistreatment of migrant workers or sympathy when we see a picture of a refu gee living in a squalid camp. Moral emotions also encourage us to take action that benefits other people and society as a whole. We might write a letter protesting the poor working conditions of migrant laborers, for instance, or send money to a humanitarian organization working with displaced persons. Anger, disgust, and contempt are other-condemning emotions.They are elicited by unfairness, betrayal, immorality, cruelty, poor performance, and status differences. Anger can motivate us to redress injustices like racism, oppression, and poverty. Disgust encourages us to set up rewards and punishments to deter inappropriate behaviors. Contempt generally causes us to step back from others. Shame, embarrassment, and guilt are self-conscious emotions that encourage us to obey the rules and uphold the social order. These feelings are triggered when we violate norms and social conventions, present the wrong image to others, and fail to live up to moral guidelines.Shame and embarrassment ca n keep us from engaging in further damaging behavior and may drive us to withdraw from social contact. Guilt motivates us to help others and to treat them well. Sympathy and compassion are other-suffering emotions. They are elicited when we perceive suffering or sorrow in our fellow human beings. Such feelings encourage us to comfort, help, and alleviate the pain of others. Gratitude, awe, and elevation are other-praising (positive) emotions that open us up to new opportunities and relationships.They are prompted when someone has done something on our behalf, when we run across moral beauty (acts of charity, loyalty, and self-sacrifice, for example), and when we read or hear about moral exemplars (see Chapter 3). Gratitude motivates us to repay others; awe and elevation encourage us to become better persons and to take steps to help others. In sum, if we experience anger, disgust, guilt, sympathy, or other moral emotions, the chances are good that there is an ethical dimension to th e situation that confronts us. We will need to look further to determine if this is indeed the case.CHAPTER 7. Ethical Decision Making and Behavior——239 SELF-ASSESSMENT MORAL SENSITIVITY SCENARIOS Instructions Read each vignette and consider the following statement: There are very important ethical aspects to this situation. (1 = strongly disagree, 7 = strongly agree) Then briefly explain your rating for each vignette in the space below it. For more information on the ethical issues raised by the scenarios, see Item 1 under â€Å"For Further Exploration, Challenge, and Self-Assessment. † Vignette 1 One of your most important customers, a medical clinic, called yesterday.The clinic had ordered a product 10 days ago (products are normally delivered within 7–10 days), but it had not arrived. Quickly, you traced the order to the shipping office. You asked the shipping clerk about the order, and she said, â€Å"I shipped it 2 days ago! † As you left the shipping office, you glanced at her desk and saw her shipping receipts. You could clearly see that the order was shipped this morning. You called the client back with the news that the product was on its way. As you talked with the client, you learned that the delay of the product had allowed the condition of some patients to worsen quite dramatically. ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Vignette 2 Last Monday, you were sitting at your desk examining a request that a customer had just faxed to you. The customer was proposing a project that would make a tremendous amount of money for your company but had an extremely demanding time schedule.Just as you were about to call the custo mer and accept the project, one of your employees, Phil, knocked on the door. He entered your office, politely placed a letter of resignation on your desk, and told you he was sorry, but in two weeks, he 240——PART III. Ethical Standards and Strategies would be moving to another state to be closer to his ailing parents. After he left, you thought about the proposed project and determined that even though Phil would be gone, you could still meet all of the customer’s deadlines. You called the customer and accepted the project. ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Vignette 3 Earlier today, a salesman who works in Iowa called you and told you about an experience he had last week. One of his customers placed a small order of about $1,500 worth of product from corporate headquarters.The home office immediately shipped the package through a freight company, and it arrived the next day at the freight company’s warehouse in Iowa. The salesman went to the warehouse just as it was closing and talked to one of the managers. The manager said that everyone had gone home for the day, but he assured him that the package would be delivered directly to his office the next day. The salesman knew that the customer did not need the materials for at least another 3 days, but he didn’t want to wait.He placed a $20 bill on the counter and asked the warehouse manager one last time if there was anything he could do. The manager found the paperwork, got the product from the back of the warehouse, and brought it out to the salesman. ____________________________________________________________________ ____________________________________________________ ________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________SOURCE: Reynolds, S. J. (2006). Moral awareness and ethical predispositions: Investigating the role of individual differences in the recognition of moral issues. Journal of Applied Psychology, 91, 233–243. Published by the American Psychological Association. CHAPTER 7. Ethical Decision Making and Behavior——241 Component 2: Moral Judgment Once an ethical problem is identified, decision makers select a course of action from the options generated in Component 1. In other words, they make judgments about what is the right or wrong thing to do in this situation.Moral judgment has generated more research than the other components of Rest’s model. Investigators have been particularly interested in cognitive moral development, the process by wh ich people develop their moral reasoning abilities over time. Harvard psychologist Lawrence Kohlberg argued that individuals progress through a series of moral stages just as they do physical ones. 9 Each stage is more advanced than the one before. Not only do people engage in more complex reasoning as they progress up the stages, but they also become less self-centered and develop broader definitions of morality.Kohlberg identified three levels of moral development, each divided into two stages. Level I, preconventional thinking, is the most primitive and focuses on consequences. This form of moral reasoning is common among children who choose to obey to avoid punishment (Stage 1) or follow the rules in order to meet their interests (Stage 2). Stage 2 thinkers are interested in getting a fair deal: You help me, and I’ll help you. Conventional thinkers (Level II) look to others for guidance when deciding how to act.Stage 3 people want to live up to the expectations of those t hey respect, such as parents, siblings, and friends, and value concern for others and respect. Stage 4 individuals take a somewhat broader perspective, looking to society as a whole for direction. They believe in following rules at work, for example, and the law. Kohlberg found that most adults are Level II thinkers. Level III, postconceptual or principled reasoning, is the most advanced type of ethical thinking. Stage 5 people are guided by utilitarian principles.They are concerned for the needs of the entire group and want to make sure that rules and laws serve the greatest good for the greatest number. Stage 6 people operate according to internalized, universal principles such as justice, equality, and human dignity. These principles consistently guide their behavior and take precedence over the laws of any particular society. According to Kohlberg, fewer than 20% of American adults ever reach Stage 5, and almost no one reaches Stage 6. Critics take issue with both the philosophi cal foundation of Kohlberg’s model and its reliance on concrete stages of moral development. 0 They contend that Kohlberg based his postconventional stage on Rawls’s justice-asfairness theory and made deontological ethics superior to other ethical approaches. They note that the model applies more to societal issues than to individual ethical decisions. A great many psychologists challenge the notion 242——PART III. Ethical Standards and Strategies that people go through a rigid or â€Å"hard† series of moral stages, leaving one stage completely behind before moving to the next. They argue instead that a person can engage in many ways of thinking about a problem, regardless of age.Rest (who studied under Kohlberg), Darcia Narvaez, and their colleagues responded to the critics by replacing the hard stages with a staircase of developmental schemas. 11 Schemas are networks of knowledge organized around life events. We use schemas when encountering new s ituations or information. You are able to master information in new classes, for instance, by using strategies you developed in previous courses. According to this â€Å"neoKohlbergian† approach, decision makers develop more sophisticated moral schemas as they develop. The least sophisticated schema is based on personal interest.People at this level are concerned only with what they may gain or lose in an ethical dilemma. No consideration is given to the needs of broader society. Those who reason at the next level, the maintaining norms schema, believe they have a moral obligation to maintain social order. They are concerned with following rules and laws and making sure that regulations apply to everyone. These thinkers believe that there is a clear hierarchy with carefully defined roles (e. g. , bosses–subordinates, teachers–students, officers– enlisted personnel).The postconventional schema is the most advanced level of moral reasoning. Thinking at this level is not limited to one ethical approach, as Kohlberg argued, but encompasses many different philosophical traditions. Postconventional individuals believe that moral obligations are to be based on shared ideals, should not favor some people at the expense of others, and are open to scrutiny (testing and examination). Such thinkers reason like moral philosophers, looking behind societal norms to determine whether they serve moral purposes. Refer to â€Å"Leadership Ethics at the Movies: Michael Clayton† for an example of a leader who shifts to a higher level of moral reasoning. ) Rest developed the Defining Issues Test (DIT) to measure moral development. Subjects taking the DIT (and its successor, the DIT-2) respond to six ethical scenarios and then choose statements that best reflect the reasoning they used to come up with their choices. These statements, which correspond to the three levels of moral reasoning, are then scored. In the best-known dilemma, Heinz’s wife is dying of cancer and needs a drug he cannot afford to buy.He must decide whether to steal the drug to save her life. Hundreds of studies using the DIT reveal that moral reasoning generally increases with age and education. 12 Undergraduate and graduate students benefit from their educational experiences in general and ethical coursework in particular. When education stops, moral development stops. In addition, moral development is a universal concept, crossing cultural boundaries. CHAPTER 7. Ethical Decision Making and Behavior——243 Principled leaders can boost the moral judgment of a group by encouraging members to adopt more sophisticated ethical schemas. 3 Models of cognitive development provide important insights into the process of ethical decision making. First, contextual variables play an important role in shaping ethical behavior. Most people look to others as well as to rules and regulations when making ethical determinations. They are more likely to m ake wise moral judgments if coworkers and supervisors encourage and model ethical behavior. As leaders, we need to build ethical environments. (We’ll take a closer look at the formation of ethical groups and organizations in Chapters 8 and 9. ) Second, education fosters moral reasoning.Pursuing a bachelor’s, master’s, or doctoral degree can promote your moral development. As part of your education, focus as much attention as you can on ethics (i. e. , take ethics courses, discuss ethical issues in groups and classes, reflect on the ethical challenges you experience in internships). Third, a broader perspective is better. Consider the needs and viewpoints of others outside your immediate group or organization; determine what is good for the local area, the larger society, and the global community. Fourth, moral principles produce superior solutions.The best ethical thinkers base their choices on widely accepted ethical guidelines. Do the same by drawing on import ant ethical approaches such as utilitarianism, the categorical imperative, altruism, communitarianism, and justice-as-fairness theory. LEADERSHIP ETHICS AT THE MOVIES MICHAEL CLAYTON Key Cast Members: George Clooney, Tilda Swinton, Tom Wilkinson, Sydney Pollack Synopsis: George Clooney stars as Michael Clayton, the â€Å"fixer† for a large New York City firm. Clayton takes care of any messes involving clients, like hit-andrun accidents and shoplifting charges.When the firm’s top litigator (played by Wilkinson) begins to work for the other side in a $3 billion lawsuit, Clayton must get him back on his medications and under control. Karen Crowder (Swinton) is chief counsel for the conglomerate being sued for manufacturing a toxic chemical. She decides to permanently silence both the rogue lawyer and Clayton. The fixer, whose life and reputation have been tarnished by a series of poor ethical and business choices, must now decide how to respond to illegal wiretapping and murder. Swinton won a Best Supporting Actress Oscar for her (Continued) 44——PART III. Ethical Standards and Strategies (Continued) performance as the ambitious attorney who decides that corporate survival takes precedence over human life. Rating: R for language, including sexual dialogue Themes: moral reasoning, the dark side of leadership, corruption, greed, character, deception Discussion Starters 1. What factors motivated Clayton to become a â€Å"fixer† and the conglomerate’s chief counsel to protect her company at any cost? 2. Was it unethical for the law firm’s top litigator to begin to work for the plaintiffs? Why or why not? 3.What accounts for Clayton’s shift to a higher level of moral reasoning? Component 3: Moral Focus (Motivation) After concluding what course of action is best, decision makers must be focused (motivated to follow through) on their choices. Moral values often conflict with other significant values. For instance, a n accounting supervisor who wants to blow the whistle on illegal accounting practices at her firm must balance her desire to do the right thing against her desire to keep her job, provide income for her family, and maintain relationships with her fellow workers.She will report the accounting abuses to outside authorities only if moral considerations take precedence over these competing priorities. Psychologists report that self-interest and hypocrisy undermine moral motivation. 14 Sometimes individuals genuinely want to do the right thing, but their integrity is â€Å"overpowered† when they discover that they will have to pay a personal cost for acting in an ethical manner. Others never intend to follow an ethical course of action but engage in moral hypocrisy instead. These decision makers â€Å"want to appear moral while, if possible, avoiding the cost of actually being moral. 15 In experimental settings, they say that assignments should be distributed fairly but then assi gn themselves the most desirable tasks while giving less desirable chores to others. Both self-interest and hypocrisy encourage leaders to set their moral principles aside. For example, corporate executives may declare that lower-level employees deserve higher wages. However, whether they really want to help workers or CHAPTER 7. Ethical Decision Making and Behavior——245 just want to appear as if they do, these executives are not likely to pay employees more if it means that they will earn less as a result.Rewards play an important role in ethical follow-through. People are more likely to give ethical values top priority when rewarded through raises, promotions, public recognition, and other means for doing so. Conversely, moral motivation drops when the reward system reinforces unethical behavior. 16 Unfortunately, misplaced rewards are all too common, as in the case of electronics retailers who reward employees for selling expensive extended warranties on new product s. Such warranties are generally a bad deal for consumers. Emotions also play a part in moral motivation. 7 As noted earlier, sympathy, disgust, guilt, and other moral emotions prompt us to take action. We can use their motivational force to help us punish wrongdoers, address injustice, provide assistance, and so on. Other researchers report that positive emotions such as joy and happiness make people more optimistic and more likely to live out their moral choices and to help others. Depression, on the other hand, lowers motivation, and jealousy, rage, and envy contribute to lying, revenge, stealing, and other antisocial behaviors.To increase your moral motivation and the moral motivation of followers, seek out and create ethically rewarding environments. Make sure the reward system of an organization supports ethical behavior before joining it as an employee or a volunteer. Try to reduce the costs of behaving morally by instituting policies and procedures that make it easier to rep ort unethical behavior, combat discrimination, and so on. Work to align rewards with desired behavior in your current organization. Be concerned about how goals are reached. If all else fails, reward yourself.Take pride in following through on your choices and on living up to your self-image as a person of integrity. Tap into moral emotions while making a conscious effort to control negative feelings and to put yourself in a positive frame of mind. Component 4: Moral Character Executing the plan of action takes character. Moral agents have to overcome opposition, resist distractions, cope with fatigue, and develop tactics and strategies for reaching their goals. This helps explain why there is only a moderate correlation between moral judgment and moral behavior.Many times deciding does not lead to doing. The positive character traits described in Chapter 3 contribute to ethical follow-through. Courage helps leaders implement their plans despite the risks and costs of doing so while prudence helps them choose the best course of 246——PART III. Ethical Standards and Strategies action. Integrity encourages leaders to be true to themselves and their choices. Humility forces leaders to address limitations that might prevent them from taking action. Reverence promotes self-sacrifice. Optimism equips leaders to persist in the face of obstacles and difficulties.Compassion and justice focus the attention of leaders on the needs of others rather than on personal priorities. In addition to virtues, other personal characteristics contribute to moral action. 18 Those with a strong will, as well as confidence in themselves and their abilities, are more likely to persist. The same is true for those with an internal locus of control. Internally oriented people (internals) believe that they have control over their lives and can determine what happens to them. Externally oriented people (externals) believe that life events are beyond their control and are the prod uct of fate or luck instead.Because they have personal responsibility for their actions, internals are more motivated to do what is right. Externals are more susceptible to situational pressures and therefore less likely to persist in ethical tasks. Successful implementation also requires competence. For instance, modifying the organizational reward system may entail researching, organizing, arguing, networking, and relationship-building skills. These skills are put to maximum use when actors have an in-depth understanding of the organizational context: important policies, the group’s history and culture, informal leaders, and so on.Following the character-building guidelines presented in Chapter 3 will go a long way to helping you build the virtues you need to put your moral choices into action. You may also want to look at your past performance to see why you succeeded or failed. Believe that you can have an impact. Otherwise, you are probably not going to carry through whe n obstacles surface. Develop your skills so that you can better put your moral choice into action and master the context in which you operate. Decision-Making Formats Decision-making guidelines or formats can help us make better ethical choices.Taking a systematic approach encourages teams and individuals to carefully define the problem, gather information, apply ethical standards and values, identify and evaluate alternative courses of action, and follow through on their choices. They’re also better equipped to defend their decisions. Four ethical decision-making formats are described in the pages to come. All four approaches are useful. You may want to use just one or a combination of all of them. The particular format you use is not as important as using a systematic approach to moral reasoning. You can practice these guidelines by applying them to Case Study 7. and the scenarios described at the end of the chapter. CHAPTER 7. Ethical Decision Making and Behavior—â €”247 You will probably find it difficult at first to follow a format. That’s because using a format takes a significant amount of effort, and we are used to making rapid judgments mentally when faced with ethical choices. 19 Without being conscious of the fact, we quickly invoke decision-making rules we have learned though experience, such as â€Å"it is always good to obey authority† or â€Å"always be as fair as possible. † Or we intuitively come to a rapid decision based on our emotions and cultural background.Often these quick responses are good ones. But not always. There may be times, for instance, when authority needs to be disobeyed or fairness must be set aside for compassion. Our intuitions are wrong when they are based on mistaken cultural beliefs. For example, many Americans used to immediately condemn interracial couples. As time passed, society recognized that this reaction was biased, unfounded, and unjust. I suggest that, when confronted wit h ethical dilemmas like those in Case Study 7. 1, you write down your initial reaction before using a format. Later compare your final decision to your immediate response.Your ultimate conclusion after following a series of steps may be the same as your first judgment. Or you might find that you come to a significantly different decision. In any case, you should be comfortable with your solution because your deliberations were informed both by your preconscious experiences, emotions, and intuitions as well as by your conscious reasoning. 20 CASE STUDY 7. 1 PARKING LOT SHOOTING Over the past year several employees of a national fast-food chain have been shot or injured when intervening in fights or crimes occurring in the restaurant’s parking lots.As a result, corporate headquarters drafted a new policy that forbids workers from leaving the building in such emergencies, instructing them instead to dial 911. Those who violate the policy will immediately be fired. Imagine that y ou are day-shift manager at one of the company’s locations where a shooting has occurred. You call 911 but notice that the victim, who is lying right outside the door, is bleeding profusely. No one else is stepping up to help the injured man. You have first-aid training and believe you can stabilize his condition before the ambulance arrives.The shooter has apparently fled the scene. Would you disobey company policy and help the shooting victim? 248——PART III. Ethical Standards and Strategies Kidder’s Ethical Checkpoints Ethicist Rushworth Kidder suggests that nine steps or checkpoints can help bring order to otherwise confusing ethical issues. 21 1. Recognize that there is a problem. This step is critically important because it forces us to acknowledge that there is an issue that deserves our attention and helps us separate moral questions from disagreements about manners and social conventions.For example, being late for a party may be bad manners and v iolate cultural expectations. However, this act does not translate into a moral problem involving right or wrong. On the other hand, deciding whether to accept a kickback from a supplier is an ethical dilemma. 2. Determine the actor. Once we’ve determined that there is an ethical issue, we then need to decide who is responsible for addressing the problem. I may be concerned that the owner of a local business treats his employees poorly. Nonetheless, unless I work for the company or buy its products, there is little I can do to address this situation. . Gather the relevant facts. Adequate, accurate, and current information is important for making effective decisions of all kinds, including ethical ones. Details do make a difference. In deciding whether it is just to suspend a student for fighting, for instance, a school principal will want to hear from teachers, classmates, and the offender to determine the seriousness of the offense, the student’s reason for fighting, and the outcome of the altercation. The administrator will probably be more lenient if this is the offender’s first offense and he was defending himself. 4.Test for right-versus-wrong issues. A choice is generally a poor one if it gives you a negative, gut-level reaction (the stench test), would make you uncomfortable if it appeared on the front page of tomorrow’s newspaper (the frontpage test), or would violate the moral code of someone that you care a lot about (the Mom test). If your decision violates any of these criteria, you had better reconsider. 5. Test for right-versus-right values. Many ethical dilemmas pit two core values against each other. Determine whether two good or right values are in conflict with one another in this situation.Right-versus-right value clashes include the following: ? Truth telling versus loyalty to others and institutions. Telling the truth may threaten our allegiance to another person or to an organization, such as when leaders and f ollowers are faced with the decision of whether to blow the whistle on organizational misbehavior (see Chapter 5). Kidder believes that truth versus loyalty is the most common type of conflict involving two deeply held values. CHAPTER 7. Ethical Decision Making and Behavior——249 ? Personal needs versus the needs of the community.Our desire to serve our immediate group or ourselves can run counter to the needs of the larger group or community. ? Short-term benefits versus long-term negative consequences. Sometimes satisfying the immediate needs of the group (giving a hefty pay raise to employees, for example) can lead to long-term negative consequences (endangering the future of the business). ? Justice versus mercy. Being fair and even-handed may conflict with our desire to show love and compassion. 6. Apply the ethical standards and perspectives. Apply the ethical principle that is most relevant and useful to this specific issue.Is it communitarianism? Utilitarianism? Kant’s categorical imperative? A combination of perspectives? 7. Look for a third way. Sometimes seemingly irreconcilable values can be resolved through compromise or the development of a creative solution. Negotiators often seek a third way to bring competing factions together. Such was the case in the deliberations that produced the Camp David peace accord. Egypt demanded that Israel return land on the West Bank seized in the 1967 War. Israel resisted because it wanted a buffer zone to protect its security.The dispute was settled when Egypt pledged that it would not attack Israel again. Assured of safety, the Israelis agreed to return the territory to Egypt. 22 8. Make the decision. At some point we need to step up and make the decision. This seems a given (after all, the point of the whole process is to reach a conclusion). However, we may be mentally exhausted from wrestling with the problem, get caught up in the act of analysis, or lack the necessary courage to come to a decision. In Kidder’s words, At this point in the process, there’s little to do but decide.That requires moral courage—an attribute essential to leadership and one that, along with reason, distinguishes humanity most sharply from the animal world. Little wonder, then, that the exercise of ethical decision-making is often seen as the highest fulfillment of the human condition. 23 9. Revisit and reflect on the decision. Learn from your choices. Once you’ve moved on to other issues, stop and reflect. What lessons emerged from this case that you can apply to future decisions? What ethical issues did it raise? Balance Sheet Advantages (Pros) †¢ Is thorough †¢ Considers problem ownership 50——PART III. Ethical Standards and Strategies †¢ Emphasizes the importance of getting the facts straight †¢ Recognizes that dilemmas can involve right–right as well as right–wrong choices †¢ Encourages the search for creat ive solutions †¢ Sees ethical decision making as a learning process Weaknesses (Cons) †¢ It is not easy to determine who has the responsibility for solving a problem †¢ The facts are not always available, or there may not be enough time to gather them †¢ Decisions don’t always lead to action There is a lot to be said for Kidder’s approach to ethical decision making.For one thing, he seems to cover all the bases, beginning with defining the issue all the way through to learning from the situation after the dust has settled. He acknowledges that there are some problems that we can’t do much about and that we need to pay particular attention to gathering as much information as possible. The ethicist recognizes that some decisions involve deciding between two â€Å"goods† and leaves the door open for creative solutions. Making a choice can be an act of courage, as Kidder points out, and we can apply lessons learned in one dilemma to future problems.On the flip side, some of the strengths of Kidder’s model can also be seen as weaknesses. As we’ll see in Chapter 10, determining responsibility or ownership of a problem is getting harder in an increasingly interdependent world. Who is responsible for poor labor conditions in third-world countries, for instance? The manufacturer? The subcontractor? The store that sells the products made in sweatshops? Those who buy the items? Kidder also seems to assume that leaders will have the time to gather necessary information. Unfortunately, in situations like that described in Case Study 7. 1, time is in short supply.Finally, the model seems to equate deciding with doing. As we saw in our earlier discussion of moral action, we can decide on a course of action but not follow through. Kidder is right to say that making ethical choices takes courage. However, it takes even more courage to put the choice into effect. The SAD Formula Media ethicist Louis Alvin Day of Loui siana State University developed the SAD formula in order to build important elements of critical thinking into moral reasoning. Critical thinking is a rational approach to decision making CHAPTER 7. Ethical Decision Making and Behavior——251 that emphasizes careful analysis and evaluation.It begins with an understanding of the subject to be evaluated; moves to identifying the issues, information, and assumptions surrounding the problem; and then concludes with evaluating alternatives and reaching a conclusion. 24 Each stage of the SAD formula—situation definition, analysis of the situation, decision—addresses a component of critical thinking. (See Box 7. 1. ) To demonstrate this model, I’ll use a conflict involving mandatory vaccinations of health care workers. 25 Situation Definition Health care professionals are at risk for contracting infectious diseases and spreading them to their patients.For that reason, the U. S. government determined that h ealth care workers should be one of the first groups to receive flu vaccines such as the one designed to combat the H1N1 (swine flu) virus. Vaccination can reduce the likelihood of catching the flu by 70%–80% and is one of the best ways to prevent a pandemic. However, fewer than half of U. S. health workers get flu shots every year (rates are also low in Great Britain and Hong Kong). Medical personnel who fail to be vaccinated often do so for the same reasons as other Americans.They don’t like shots, it is not convenient to get them, they claim they seldom get sick, or they believe the vaccine makes them ill (though scientists deny that this happens). Health officials have tried a variety of strategies to increase the percentage of doctors and nurses receiving vaccinations, including promotional campaigns and prize drawings. However, these voluntary efforts have fallen short. Concerned about low participation rates, particularly in light of the danger posed by the swin e flu, Hospital Corporation of America, MedStar Health (Maryland), Virginia Mason (Seattle, WA), BJC HealthCare (St.Louis, MO), and the state of New York began mandatory vaccination programs. A number of clinics and doctor’s offices followed suit. Employees were told they would lose their jobs if they did not get the vaccine. Exceptions were made for those likely to have an allergic reaction (eggs are used in the production of the shots) or those with religious objections. Some health care workers and their unions immediately protested the stricter vaccination policies, labeling such programs as intrusive violations of individual rights. Day says that the ethical question to be addressed should be as narrow as possible.In our example, we will seek to answer the following query: Are mandatory flu-vaccination policies for health care workers ethically justified? 252——PART III. Ethical Standards and Strategies BOX 7. 1 THE MORAL REASONING PROCESS Situation Definiti on Description of facts Identification of principles and values Statement of ethical issue or question Analysis Weighing of competing principles and values Consideration of external factors Examination of duties to various parties Discussion of applicable ethical theories Decision Rendering of moral agent’s decision Defense of that decision based on moral theory SOURCE: From Day.Ethics in Media Communications: Cases and Controversies, 5E. Copyright  © 2006 Wadsworth, a part of Cengage Learning, Inc. Reproduced by permission www. cengage. com/permissions. Analysis Evaluation of Values and Principles. Competing principles and values are clearly present in this situation. On the one side, medical administrators and public health officials put a high value on the responsibility of medical personnel to patients and argue that mandatory vaccinations will save lives, particularly those of vulnerable populations like the sick, those with compromised immune systems, pregnant women, the very young, and the elderly.In requiring mandatory vaccinations in New York, the state’s health commissioner asserted: â€Å"The rationale begins with health-care ethics, which is: The patient’s well-being comes ahead of the personal preferences of health-care workers. †26 (The commissioner later rescinded his edict when there was a shortage of the vaccine. ) The chief medical officer of MedStar Health said the decision to require vaccinations â€Å"is all about patient safety. † On the other side of the debate are individuals, employee unions, and groups CHAPTER 7. Ethical Decision Making and Behavior——253 who put their priority on individual rights.They believe that making flu shots a condition of employment takes away the right to make personal medical decisions, and they have concerns about the safety of the vaccines despite the assurances of medical experts. Opponents also worry that mandatory programs will spread from the health ca re sector into other areas of society. Said a representative of an organization wanting to limit government expansion, â€Å"You start with health-care workers but then expand that umbrella to make it mandatory for everybody. It’s all part of an encroachment on our liberties. †27 External Factors.Some influenza strains, like H1N1, pose greater risks than other strains and spread more rapidly, making vaccinations even more important. Medical employees already have to be inoculated for other conditions like mumps, measles, and tuberculosis, and there haven’t been widespread protests about these requirements. In addition, medical personnel have to follow such mandatory safety procedures as washing their hands before surgery. Vaccinations appear to be a safety measure like hand washing. However, past inoculation programs have made some medical professionals skeptical about current efforts.Earlier vaccines did make recipients sore and could cause mild flu-like sympto ms. The H1N1 vaccine seemed to be rushed into production, raising concerns that recipients were serving as â€Å"guinea pigs. † Nurses, doctors, and home health givers, like other Americans, are increasingly worried about substances they put in their bodies. Moral Duties or Loyalties. Professor Day borrows from theologian Ralph Potter for this part of his model. Potter believes we need to take into account important duties or loyalties when making ethical choices. 8 In this case, the following duties have to be kept in mind: †¢ †¢ †¢ †¢ †¢ †¢ Loyalty to self (individual conscience) Loyalty to patients Loyalty to vulnerable populations Loyalty to fellow employees Loyalty to others in the same profession Loyalty to the public Medical officials seem primarily concerned for patients, vulnerable populations, and the larger community. Low vaccination rates threaten patients and clients and help the virus spread. Health care workers who refuse flu shots also damage the credibility of the medical profession. Why should patients be vaccinated if their doctors and nurses don’t think it is safe 54——PART III. Ethical Standards and Strategies or necessary to do so? Vaccination objectors are more concerned for their individual rights and, in some cases, their personal safety. They seem to overlook their primary duty, which is to serve their patients. Yet not all appear to be acting out of selfish motives. Some resistors are concerned about setting a precedent that could reduce the rights of their fellow citizens in the years to come. Moral Theories. Each of the ethical perspectives outlined in Chapter 5 can be applied to this dilemma.From a utilitarian perspective, the benefit of protecting personal rights has to be weighed against the dangers of spreading the flu virus. However, the immediate benefits of slowing the virus also need to be weighed against the long-term costs—loss of individual rights and govern ment intrusion. Based on Kant’s categorical imperative, we could ask if we would want everyone to be vaccinated (probably) or if we would want everyone to refuse to be vaccinated (probably not). However, employees who resist the mandatory shots should carry through on their decision regardless of the consequences, such as losing their jobs.Rawls’s theory could be applied to say that required vaccinations are justified because they protect the least advantaged members of society. Communitarianism also seems to support the mandatory vaccination position. Medical leaders put their emphasis on responsibility to patients, vulnerable groups, and the public. Objectors seem to emphasize individual rights rather than duties. Advocates of mandatory vaccinations have a stronger altruistic focus because such efforts are designed to reduce sickness and suffering. Opponents may argue, however, that they are demonstrating concern by protecting the rights of others.Decision Decisions often emerge out of careful definition and analysis of the problem. It may be clear which course of action is best after external constraints, principles, duties, and moral theories are identified and evaluated. In our example, mandatory flu vaccination programs for health care workers appear to be morally justified. Such programs put the needs of others first and reduce suffering and death. They seem consistent with other requirements placed on health care workers and support the patient-focused mission of the medical profession.Health care employees should prevent sickness, not spread it. This option also seems to be best supported by moral theory. Nonetheless, opponents of mandatory vaccination programs are right to point out that we should be cautious about requiring health CHAPTER 7. Ethical Decision Making and Behavior——255 treatments. Just because mandatory influenza vaccinations are justified for health care workers does not mean that we should require all citi zens to be vaccinated (that’s a different question for analysis) or force citizens into other medical treatments. Balance SheetAdvantages (Pros) †¢ Encourages orderly, systematic reasoning †¢ Incorporates situation definition, duties, and moral theories Disadvantages (Cons) †¢ Failure to reach consensus †¢ Limits creativity †¢ Ignores implementation The SAD formula does encourage careful reasoning by building in key elements of the critical thinking process. Following the formula keeps decision makers from reaching hasty decisions. Instead of jumping immediately to solutions, they must carefully identify elements of the situation, examine and evaluate ethical alternatives, and then reach a conclusion.Three elements of the SAD formula are particularly praiseworthy. First, the formula recognizes that the keys to solving a problem often lie in clearly identifying and describing it. Groups are far less likely to go astray when members clearly outline the question they are to answer. Second, Day’s formula highlights duties or loyalties. In the case of vaccinations, prioritizing loyalties is key to supporting or opposing mandatory vaccination programs. Third, the formula incorporates moral theories directly into the decisionmaking process. The strengths of the SAD model must be balanced against some troubling weaknesses.Day implies that a clear choice will emerge after the problem is defined and analyzed. Nevertheless, that may not always be the case. Even in our example, there is room for dispute. While it appears as if mandatory vaccinations are morally justified, those who put a high value on personal freedoms will likely remain unconvinced. They raise valid concerns about the long-term impact of such programs as well. Focusing on a narrowly defined question may exclude creative options and make it hard to apply principles from one decision to other settings. Finally, the formula leaves out the important implementation stage . 56——PART III. Ethical Standards and Strategies Nash’s 12 Questions Ethics consultant Laura Nash offers 12 questions that can help businesses and other groups identify the responsibilities involved in making moral choices. 29 She argues that discussions based on these queries can be useful even if the group doesn’t reach a conclusion. Managers who answer the questions surface ethical concerns that might otherwise remain hidden, identify common moral problems, clarify gaps between stated values and performance, and explore a variety of alternatives. 1. Have you defined the problem accurately?The ethical decision-making process begins with assembling the facts. Determine how many employees will be affected by layoffs, how much the cleanup of toxic materials will cost, or how many people have been injured by faulty products. Finding out the facts can help defuse the emotionalism of some issues (perhaps the damage is not as great as first feared). 2. How wou ld you define the problem if you stood on the other side of the fence? Asking how others might feel forces self-examination. From a company’s point of view, expanding a local plant may make good sense by increasing production and efficiency.Government officials and neighbors might have an entirely different perspective. A larger plant means more workers clogging already overcrowded roads and contributing to urban sprawl. For example, considering the company’s point of view may impact the decision you reach in â€Å"Focus on Follower Ethics: Paying Back Microsoft† on page 258. 3. How did this situation occur in the first place? This question separates the symptoms from the disease. Lying, cheating customers, and strained labor relations are generally symptoms of deeper problems.Firing an employee for unethical behavior is a temporary solution. Probe to discover the underlying causes. For example, many dubious accounting practices are the result of pressure to pro duce high quarterly profits. 4. To whom and to what do you give your loyalties as a person or group and as a member of the organization? As we saw in Chapter 1, conflicts of loyalty are hard to sort through. However, wrestling with the problem of ultimate loyalty (Work group? Family? Self? Corporation? ) can clarify the values operating in an ethical dilemma. 5. What is your intention in making this decision? . How does this intention compare with the likely results? These questions probe both the group’s intentions and the likely products. Honorable motives CHAPTER 7. Ethical Decision Making and Behavior——257 don’t guarantee positive results. Make sure that the outcomes reflect your motivations. 7. Whom could your decision or action injure? Too often groups consider possible injury only after being sued. Try, in advance, to determine harmful consequences. What will happen if customers ignore label warnings and spread your pesticide indiscriminately, for example?Will the guns you manufacture end up in the hands of urban gang members? Based on these determinations, you may decide to abandon your plans to make these items or revise the way they are marketed. 8. Can you engage the affected parties in a discussion of the problem before you make your decision? Talking to affected parties is one way to make sure that you understand how your actions will influence them. Few of us would want other people to decide what’s in our best interest. Yet we often push forward with projects that assume we know what’s in the best interests of others. 9.Are you confident that your position will be as valid over a long period of time as it seems now? Make sure that your choice will stand the test of time. What seem like compelling reasons for a decision may not seem so important months or years later. Consider the U. S. decision to invade Iraq, for instance. American intelligence experts and political leaders tied Saddam Hussein to terror ist groups and claimed that he was hiding weapons of mass destruction. After the invasion, no solid links between Iraqis and international terrorists or weapons of mass destruction were discovered.Our decision to wage this war doesn’t appear as justified now as it did in the months leading up to the conflict. 10. Could you disclose without qualm your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? No ethical decision is too trivial to escape the disclosure test. If you or your group would not want to disclose this action, then you’d better reevaluate your choice. 11. What is the symbolic potential of your action if understood? Misunderstood? What you intend may not be what the public perceives (see Questions 5 and 6).If your company is a notorious polluter, contributions to local arts groups may be seen as an attempt to divert attention from your firm’s poor environmental record, not as a generous civic gest ure. 12. Under what conditions would you allow exceptions to your stand? Moral consistency is critical, but is there any basis for making an exception? Dorm rules might require that visiting hours end at midnight on weekdays. Yet, as a resident assistant, is there any time when you would be willing to overlook violations? During finals week? On the evening before classes start?When dorm residents and visitors are working on class projects? 258——PART III. Ethical Standards and Strategies Balance Sheet Advantages (Pros) †¢ Highlights the importance of gathering facts †¢ Encourages perspective taking †¢ Forecasts results and consequences over time Disadvantages (Cons) †¢ Is extremely time consuming †¢ May not always reach a conclusion †¢ Ignores implementation Like the ethical checkpoints, the 12 questions highlight the importance of problem identification and information gathering. They go a step further, however, by encouraging us to engage in perspective taking.We need to see the problem from the other party’s point of view, consider the possible injury we might cause, invite others to give us feedback, and consider how our actions will be perceived. We also need to envision results and take a longterm perspective, imagining how our decisions will stand the test of time. Stepping back can keep us from making choices we might regret later. For example, the decision to test nuclear weapons on U. S. soil without warning citizens may have seemed justified to officials waging the Cold War. However, now even the federal government admits that these tests were immoral. NW E FOCUS ON FOLLOWER ETHICS PAYING BACK MICROSOFT? S Software giant Microsoft made an embarrassing error when it engaged in the first widespread layoffs in the firm’s history. Company officials overpaid an average of $4,000–$5,000 to 25 out of the first 1,400 workers it furloughed. After discovering the error, the firm sent a letter ask ing for repayment from the 25 laid-off workers, requesting a check or money order and apologizing for the inconvenience. Contents of the letter soon appeared on the Internet and in the national media. Microsoft officials then backed off their attempts to get the money back.According to a company spokesperson, â€Å"This was a mistake on our part. We should have handled this situation in a more thoughtful manner. We are reaching out to those impacted to relay that we will not seek any payment from CHAPTER 7. Ethical Decision Making and Behavior——259 those individuals. †1 While Microsoft decided to drop the matter because of negative publicity, the fact remains that some employees received more than they were promised. Except for a clerical error, the company did nothing wrong and has a legal right to ask for restitution.One outplacement expert noted that just because Microsoft is a large company doesn’t mean it should have to automatically pay the cost for this mistake. â€Å"What if they’d put an extra three zeros on it? † he wondered. â€Å"Of course they’d expect to get it back. †2 If you were one of the laid-off workers overpaid by Microsoft, would you give the money back? Why or why not? Would your response be different if the amount of the overpayment was much bigger and the company much smaller? Notes 1. Microsoft will not seek overpaid severance. (2009, February 23). TECHWEB. 2. Microsoft will not seek overpaid severance. Sources Chan, S. P. 2009, May 6). Microsoft may not be done cutting jobs. The Seattle Times, p. A1. Microsoft will not seek overpaid severance. (2009, February 23). TECHWEB. I suspect that some groups will be frustrated by the amount of time it takes to answer the 12 questions. Not only is the model detailed, but discussing the problem with affected parties could take a series of meetings over a period of weeks and months. Complex issues such as determining who should clean up riv er pollution involve a variety of constituencies with very different agendas (government agencies, company representatives, citizens’ groups, conservation clubs).Some decision makers may also be put off by the model’s ambiguity. Nash admits that experts may define problems differently, that there may be exceptions to the decision, and that groups may use the procedure and never reach a conclusion. Finally, none of the questions use the ethical standards we identified in Chapter 5 or address the problem of implementing the choice once it is made. The Case Study Method The case study method is widely used for making medical diagnoses. At many hospitals, groups made up of doctors, nurses, and other staff members 260——PART III. Ethical Standards and Strategies eet regularly to talk about particularly troublesome cases. They may be unable to determine the exact nature of the illness or how to best treat a patient. Many of these deliberations involve ethical is sues such as whether to keep a terminally ill person on life support or how to respond to patients who demand unnecessary tests and procedures. The group solicits a variety of viewpoints and gathers as much information as possible. Members engage in analogical reasoning, comparing the specifics of a particular case with similar cases by describing the patient, her illness, and relationships with her family.Instead of focusing on how universal principles and standards can be applied in this situation, hospital personnel are more concerned with the details of the case itself. Participants balance competing perspectives and values, reach tentative conclusions, and look for similarities between the current case and earlier ones. Medical ethicist and communication scholar David H. Smith argues that the case-based approach is a powerful technique because it is based on narrative or story. 30 When decision makers describe cases, they are telling stories.These narratives say as much about t he storyteller as they do about the reality of the case. â€Å"Facts† are not objective truth but rather are reflections of what the narrator thinks is true and important. Stories knit these perceptions into a coherent whole. When discussing the fate of patients, it is not enough to know medical data. Hospital personnel need to learn about the patient’s history, the costs and benefits of various treatment options, and other factors such as the wishes of relatives and legal issu

Pornography and US Law Essay

In Catherine Mackinnon’s book â€Å"Only Words† she describes U. S law as a very strong indictment of a law system in conflict with itself. The book is divided and is a collection of three essays. The first one is a heavy and emotional criticism of pornography. The other two essays evaluate and compare pornography and sexual harassment with racial discrimination and abuse. She defines pornography as â€Å"explicit sexual material that subordinates women† (page 13). She argues that ‘pornography is sex’, as viewed by the American law, that only views it as a possible cause of injury, instead of an act of sexual discrimination that promotes sexual inequality. She holds that like other kinds of racial and hate speeches, it should be totally banned because it contributes heavily in the degradation, subordination and abuse of women in general. Mackinnon says even if pornography is a form of speech, this does not mean that it cannot be controlled and regulated by the government. She lashes out at the people who believe pornography and other acts of harassment and hate propaganda should be protected by law. Mackinnon argues that that pornography, harassment messages and racial speeches eventually do the same thing, which is ‘enact the abuse’. Porn, she says, lowers the dignity and self esteem of women and fuels the acts by â€Å"sexual harassers, wife beaters, child molesters, rapists and clients of prostitutes† (page 17). The first amendment promotes the problems the fourteenth amendment was supposed to fix. Mackinnon shows a society that is extremely hypocritical. Her words in the book have encompassed real abuse, directed at her as a woman; she has really tried to prove her point. Mackinnon believes that we need to change the first amendment in order to balance it out with the fourteenth amendment on issues concerning free speech and protection of equality. She is campaigning for the â€Å"new model in which free speech does not most readily protect the activities of Nazis, Klansmen and pornographers, while doing nothing for their victims† (page 32). She commended two Canadian court decisions which promoted the rights of people negatively affected by pornography and hate speeches and propaganda. Word that involve issues such as bribes, fixing of prices and segregation of facilities are treated as acts of law, but words or pictures target issues involving race and sex are not treated as acts of law, and that is why the courts end up permitting pornography in our societies. She shows how lawyers and judges have used the first amendment to justify the heinous acts of pornographers and racist individuals into political speech. She says that if words have ever been recognized as actions it is in situations concerning sexual harassment. She laments that the courts have reduced their effectiveness by overturning universities’ restraints of discriminatory and sexual speeches on campus by throwing out a complaint brought forward by a female shipyard worker who was harassed by having been shown pornography, which is a form of speech that is protected in the first amendment. In fact these words and pictures are protected by law explained as ‘the free and open exchange of ideas’, even reproduced for viewing. Mackinnon says that what the law is concerned with is not what the word does but what the consequences of the word is, the harassment, racism and hate speeches is showing the differences between the different social groups, the power one group has over another. Mackinnon through studies in workplaces, pornographers, on college campuses and others she shows these very discriminatory acts are protected by law as free speech; equality will only be seen and treated as a word. Mackinnon brings to the open many of the contradictions she has been saying in the previous essays, she says that â€Å"the law of equality and the law of freedom of speech are on a collision course in this country† (page 47). Mackinnon does a good job in showing the ignorance and shallow thinking of many defenders of pornography. The book is a passionate and eloquent plea to Americans to be able to see beyond the doctrines made normal by society, in particular concerning pornography and racial and hate speeches. She says that Americans suffer from obsession of expressive freedom to the trauma of the McCarthy era. Her arguments show that in some levels, pornography may be restricted, but it has not yet shown reason to be restricted. She later confuses by emphasizing that some of them are made from â€Å"actual child abuse and actual rape and tortures† (page 56). Certain weaknesses are evident in the book. First of all, she should have devoted more space for the definition of pornography so that it would have been applicable in law. Another weakness is the vague separation of debating and expressing intolerable ideas. These prevent from having clearly defined boundaries. What she fails to bring out in her book is the other side of free speech, the importance of free speech in an independent society like political accountability, self determination among others. Catherine Mackinnon’s views do have pros and cons. Her view that pornography should be controlled by the government I believe is a good thing. Pornography has really led to degradation of the society and this will reduce if it is controlled. To some extent it does lead to subordination of women leading to more cases of aggression towards women, it eventually ‘enacts the abuse’. Her suggestion that amendments should be made to the constitution to be able to defend those affected by pornography I believe is also a good thing. Campaigning for the new model that free speech does not protect the activities of those using the right of free speech to justify their actions is also a good idea. Some of the abuses of sexual inequality are regarded as free speech hence not seen as acts of sexual abuse. Lawyers and judges have used this to justify some of the issues affecting the society such as hate speeches, pornography and racial discrimination. Some of the cons is that she uses very few words to explain the definition of pornography, she should have taken more time define her view of pornography. I believe that pornography should be regulated and have to agree with Catherine Mackinnon. Pornography has caused serious consequences to the society in general and therefore should be controlled. The pornographers have the freedom to do a lot and they are protected by the constitution. To some extent it does lead to subordination of women, hence pornography should be controlled.