Ethics and the conduct of business 8th by john boatright and smith 2017 chapter 9

Learning Objectives 1 of 2• 9.1: Explain the nature of ethical issues regarding occupational health and safety, employers’ obligations to protect their employees, and the arguments over

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Ethics and the Conduct of Business

Eighth edition

Chapter 9 Health and Safety

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• Introduction: Health and Safety

• 9.1: Rights in the Workplace

• 9.2: Hazardous Work

• 9.3: Reproductive Hazards

• 9.4: Product Safety

• Conclusion: Health and Safety

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Learning Objectives (1 of 2)

•

9.1: Explain the nature of ethical issues regarding occupational health and safety, employers’

obligations to protect their employees, and the arguments over the extent of employers’ responsibilities for injury or harm

•

9.2: Analyze the rights of employees to be informed about potential health and safety hazards and to refuse hazardous work, the justifications for these rights, and the difficulties they create for employers

•

9.3: Assess the risks posed by reproductive hazards in the workplace and the problems with fetal

protection policies, including issues of discrimination, choice, and legal liability

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Learning Objectives (2 of 2)

•

9.4: Identify the responsibilities of manufacturers and consumers regarding harmful products, the ethical basis for three main theories defining these responsibilities, and problems with applying each theory

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Introduction: Health and Safety

• Ford-Firestone Brawl case

• Consumers have right to be protected from risk of injury

• Not all products and workplaces can be made safe

• Health and safety can be secured at some cost

• Right of employees to be given information about workplace hazards

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9.1: Rights in the Workplace (1 of 2)

Objective: Explain the nature of ethical issues regarding occupational health and safety, employers’ obligations to protect their employees, and the arguments over the extent of employers’ responsibilities for injury or harm

9.1.1: Meaning of Health and Safety

Safety hazards

Health hazards

Hazardous substances

Government regulations

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9.1: Rights in the Workplace (2 of 2)

Objective: Explain the nature of ethical issues regarding occupational health and safety, employers’ obligations to protect their employees, and the arguments over the extent of employers’ responsibilities for injury or harm

9.1.2: Protecting Health and Safety

Overview

Concept of direct cause

Voluntary risk assumption

Risk and coercion

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9.2: Hazardous Work (1 of 2)

Objective: Analyze the rights of employees to be informed about potential health and safety hazards and to refuse hazardous work, the justifications for these rights, and the difficulties they create for employers

9.2.1: Justifying a Right to Refuse

Right to refuse hazardous work

Conditions for justified refusal

Good faith

Three standards

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9.2: Hazardous Work (2 of 2)

Objective: Analyze the rights of employees to be informed about potential health and safety hazards and to refuse hazardous work, the justifications for these rights, and the difficulties they create for employers

9.2.2: Justifying a Right to Know

Overview

O McGarity classification

Argument from autonomy

Bargaining over information

Utilitarian arguments

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Figure 9.1: Assessing a Good-Faith Refusal

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9.3 Reproductive Hazards (1 of 3)

Objective: Assess the risks posed by reproductive hazards in the workplace and the problems with fetal protection policies, including issues of discrimination, choice, and legal liability

9.3.1: Scientific Background

Fetotoxins

Teratogens

Mutagens

9.3.2: Fetal Protection Policies

Overview

Drawbacks

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9.3.3: Charge of Discrimination

Who decides?

Issues in discrimination

9.3.4: Defending against the Charge

Two defenses

Three key elements

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9.3.5: Remaining Issues

Two issues remain

Protection of employers from legal action

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9.4 Product Safety (1 of 3)

Objective: Identify the responsibilities of manufacturers and consumers regarding harmful products, the ethical basis for three main theories defining these responsibilities, and problems with applying each theory

9.4.1: Due Care Theory

Overview

Standards

Element of negligence

Conclusion

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Table 9.1: Standards of Due Care for Manufacturers

Task Standard(s) of Due Care

• Should be safe under all foreseeable conditions

• Should be strong and durable enough to stand up to reasonable use

3 Production • Manufacturers must fabricate parts according to specifications.

• All parts must be assembled correctly.

4 Quality Control • Must have a systematic program to inspect finished products for quality materials and construction

• Must keep records of all quality inspections

5 Packaging, Labeling, and Warnings • Must package the product to avoid damage in transit

• Packaging itself must be safe

6 Notification • Must provide warnings and clear directions for correct use

• Should have a system for notifying consumers of possible hazards

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9.4.2: Contractual Theory

Overview

Implied warranties

Fairness in commercial dealings

Problems with warranties

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9.4.3: Strict Liability Theory

Overview

Legal issues

Ethical arguments

Ethical objections

Which theory should be adopted?

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Table 9.2: Strict Liability and Consumers

Strict Liability Theory Description

Premise Manufacturers should be held responsible for all harm resulting from a dangerously defective product, even when due care

has been exercised and all contracts observed.

Privity Privity does not apply The manufacturer or seller is liable even if there is no direct or contractual relationship with the user

or consumer.

Pros for Consumers Consumers gain the right to be compensated for injuries from defective products without regard to fault.

Cons for Consumers Consumers are forced to contribute to the compensation of accident victims when they (the consumers) are not at fault, by

paying higher prices.

Bar to Acceptance Everyone—manufacturers and consumers—pays the costs for safety, no matter who is at fault This is arguably unjust to

those who are blameless.

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Conclusion: Health and Safety

• Workers have right to safe and healthy workplace

• Employers have a moral obligation to secure right to health and safety

• Two matters of controversy

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