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Recognizing And Minimizing Tort And Regulatory Risk Plan

1774 words - 8 pages

Recognizing and Minimizing Tort and Regulatory Risk Plan
University of Phoenix
LAW/581
June 28, 2010
Recognizing and Minimizing Tort and Regulatory Risk Plan
The failure to comply with governmental regulations is the cause of a host of regulatory risks. These risks have the potential to impact a company’s earnings and often its reputation. Concerning tort liability stemming from non-compliance it is in the company’s best interests to identify those risks and implement a plan to avoid them. When those risks come to fruition there needs to be a system to manage and prevent damage to the reputation and loss of monetary value to the company. Five years ago ...view middle of the document...

Even though they have a good record, a public accusation was made to the company claiming that it is still polluting the water supply with the prior incident five years ago. Since the EPA’s claim was labeled as negligence by the company, public perception will be a large motivator in resolving the issue. This liability could have been reduced by Alumina, Inc. by allowing public access to federal regulatory improvements and compliance over the last five years.
Detective measures
Alumina, Inc. could avoid the unintentional tort; negligence, by conducting or installing a detection system in their processing and production operations. By setting up strict quality control systems that detect the amount of PAH concentration levels being released, Alumina, Inc. could guarantee they were always within the Environmental Protection Agency, (EPA) standards. The question of negligence would not have come up five years after an incident, if Alumina, Inc. did not breach its responsibility of duty of care, “The obligation people owe each other to cause any unreasonable harm or risk” (Cheeseman, pg: 81, 2010). Detecting the levels of PAH released through production from the onset and by staying abreast of any changes in EPA standards and emission levels is vital to safe operation procedures and helps ensure lawsuits or liability claims are not filed against Alumina, Inc. By investing in equipment or personnel that would focus on compliance, other potential violation areas could come to light.
Continuing to be proactive in its detection methods Alumina, Inc. could ward off potential litigation by making it nearly impossible for potential plaintiffs to show or prove negligence on its part. Although there are other methods to correct or prevent unintentional release of excessive amounts of industrial byproducts, detection shows a company is proactive in its quest to service the public.
Corrective measures
Several options were available to Alumina Inc. could have used to keep this negligence claim from becoming a problem. Because the company decided not to follow their “duty of care”, there are corrective measures the company should use to correct the situation.
The company could take no action in regard to the PAH concentration detection and only deal with the case itself. If they choose this course of action, they would be liable for the entire situation and have to pay all fees incurred from the process. The company could enhance their institutional controls. The quality control managers should draft a proposal for how to manage the risks of these chemicals being released into the water or being increased by traffic. The company could also use containment actions. They should run tests to ensure that the waters are less than the proposed amounts of PHA. They could also install monitors to monitor constantly levels so situations like this do not happen. They could also use active remediation as a source to control the...

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