Cruise Ship Liability: Passenger Rights & Remedies for Rape & Injuries in the High Seas

Cruise Ship Liability:

Passenger Rights & Remedies for Rape & Injuries in the High Seas

 

 

 

Rape & Injuries on Cruise Ships

            Cruise vacations have increased in popularity in the last three decades with eight million people taking their vacation on the high seas. As a result, the cruise industry has incurred the fastest growth rate in the vacation market. To meet the increasing demand, industry leaders plan to construct around fifty cruise ships in the next five years. Greater demand translates to billions of dollars in revenue to the industry. However, despite the successes of the industry, individual cruise lines have been reprimanded for their poor sanitation and safety practices. Some lines have admitted dumping polluted sewage in the ocean while other lines had fire accidents, collisions and even abandonment. Of increasing concern is the escalating incidence of physical injuries sustained during planned activities or excursions, accidents such as food borne illnesses and slip-and-fall,   and crime aboard cruise ships ranging from theft to sexual assault and rape. These crimes are committed by both passengers and ship crew members against other passengers. (Demos, 1992)

            Unfortunately for the injured parties or victims of accidents, physical injuries and criminal activities, cruise ships have developed efficient ways of limiting their liability through the inclusion of limited liability clauses for different types of activities printed in passenger tickets. Apart from limited liability clauses, cruise ships have also indicated on passenger tickets requiring that all lawsuits should be filed at the judicial courts having jurisdiction of the port of embarkation. This works in favor of cruise lines because of the knowledge that most passengers do not live near the port of embarkation and even outside of the state. Due to their lack of proximity to the area, passengers with legal claims become reluctant to pursue legal action because of the expected cost and inconvenience to them of traveling to another state for the trial. In most cases, the time limit for commencing suit just elapses freeing the cruise line from liability. (Booth, 1999)  

            The range of causes for court claims occurring aboard cruise ships or related to cruise ship activities show that the same injuries and crime committed on land may also be committed on the high seas. Despite the heightened efficiency of cruise lines in evading liability, succeeding discussions look into the rights and remedies available to cruise ship passengers from these causes of action together with the concurrent liabilities of cruise lines for these causes. A determination of these factors should result to a determination of recommendations on the manner that the rights of cruise ship passengers should be protected and the liabilities of cruise ships incurred.

Rights & Remedies of Cruise Ship Passengers & Cruise Ship Liability

            Under Section 3(6) of the 1984 Shipping Act, cruise ships coming from United States ports are deemed as passenger common carriers. In general, common carriers hold the special duty to passengers in ensuring that they arrive at their destinations safely. Apart from this, common carriers also have the duty to exercise the highest degree of care in ensuring that no physical harm comes to their passengers. (Booth, 1999) The strict liability of common carriers has been established in the early case of New Jersey Steamboat Co. v Brockett (1887). Moreover, Holland America Cruises, Inc. v Underwood (1985) provides that a special relationship exist between the cruise lines and its passengers based on passengers entrusting their safety to the protection and care of cruise lines. In this case, the court held that common carriers hold the duty to protect their passengers from criminal attack. This means that the responsibilities of the cruise lines to ensure safe transportation encompass the provision of protection to passengers from rape, molestation and assault committed by its own crew members (Norris, 1990).   

            Translated into rights and remedies for cruise ship passengers, the provision of the law and jurisprudence provides for the rights of passengers to have a safe trip and to expect cruise lines to exercise due diligence in ensuring their safety even from its own crew members. Remedies emanating from violations of this right include action for damages under tort law for negligence such as accidents and other covered violations of the duty of care, civil action whenever applicable, and criminal action for the crimes of physical injuries, assault or rape committed to passengers of cruise ships by fellow passengers or crew members. (Kennedy, Sakis & Troy, 1999)

             The assertion of rights of passengers of cruise ships against crew members has been covered by New Jersey Steamboat Co. v Brockett (1887). In this case, a passenger incurred physical injuries when the watchman of the ship forcefully removed the passenger from a restricted area. The court held that the right of the passenger to safe transportation involves protection from the personnel of the cruise ship. The court drew the right to protection against ship personnel based on the contract between the cruise lines and the passenger for safe transportation extending to the passenger entitlement to protection against the crew members due to either negligence or misconduct. Since the ship’s crew work for the cruise lines, the liability is imputed to the cruise lines because it is the crew of the ship that implements the contract. The imputation of liability is also supported by public policy.

            The protection of the right of passengers of cruise ships was also affirmed in New Orleans & N.E.R.R. Co. v Jopes (1891). The case involved a conductor shooting a passenger in a train. However, despite the difference in factual circumstances, the court applied the decision in the Brockett case of imposing the absolute liability of common carriers towards the safety of their passengers. The court further expanded on the absolute liability by removing the condition that the employee of the carrier should have committed the act linked to liability while performing his or her functions. This means that even if the employee is off duty but the act has been committed against the passenger within the scope of responsibility of the common carrier, the carrier still accrues liability.   

            In the succeeding case of Carnival Cruise Lines, Inc. v Morton (1993), a passenger alleged that a crew member raped her in her cabin. In deciding the case, the court applied the principle of reasonable care in application to the circumstances of the case and found the ship liable.

            Reasonable care has also been applied in the determination of liability of cruise lines for accidents resulting to personal injuries in cruise ships. Kermarec v Compagnie Generale Transatlantique (1959) involved a person meeting a slip-and-fall while visiting a crew member on board a cruise ship. In determining the liability of the cruise ship, the court held that the ship owner owes the duty to exercise reasonable care to people lawfully on board the vessel. The court determined that in considering the liability of ship owners for accidents on board the vessel, the general standard of reasonable duty of care applies, provided only that the person is deemed lawfully boarding the vessel. This implies that people lawfully on board a ship are entitled to the right to safety based on the general standard of duty of care accruing to the ship owner.

            A consideration of the jurisprudence relating to the rights and remedies of cruise ship passengers and the liabilities of cruise lines or ship owners means that in accidents, the rule in Kermarec applies but in cases involving violations committed by crew members towards passengers, the rules in the Brockett case applies.    

Litigation Venue for Actions Occurring Aboard Cruise Ships

            Most passenger tickets for cruise vacations include the forum selection clause printed in microscopic letters at the back of the ticket. Unknown to most passengers, the forum selection clause is important in cases of actions against the cruise ship because the clause controls the venue for litigating any action arising from the contract of transportation. The venue of action then determines the law that applies in the determination of the case. The state or location from which the cruise ship departs from is usually designated as the forum for filing court actions regardless of whether the cause of action occurred within the geographic jurisdiction of the court in the port of departure or if these occur in the high seas. (Booth, 1999)

Objections against the applicability of forum selection clauses have been made by plaintiffs due to the difficulty they entail in complying with the clause especially if the cause of action was committed in the port of arrival in the high seas. However, these challenges have failed due to the decision of the Supreme Court in Shute v Carnival Cruise Lines, Inc. (1990) held that in applying the test of reasonableness, there are two major reasons for holding as reasonable non-negotiated forum selection contract terms. One is the fact that cruise ships carry passengers from different places and it would be impractical or unreasonable to have to hold the cruise ship liable for accidents, injuries or crimes in different court jurisdictions. The other is the ability of the forum selection clause to minimize the monetary and time cost involved in the filing of venue motions. This also benefits passengers through the reduction of fares because the cruise ship does not expect to incur these costs.  

            However, there are certain claims that plaintiffs may bring out in court to question the applicability of the forum selection clause. In Johnson v Commodore Cruise Lines (1995) distinguished the spheres covered by court determination. The case held that intentional torts committed by crew members fall outside of the determination power of the court because these acts do not involve mishaps but alleged intentional acts. The distinction was used to limit the applicability of adhesion clauses covering the venue of court action, time for filing court action, and the type of actions to be filed against the cruise lines.

            Another basis for questioning the applicability of the forum selection clause is the decision of the court in the Johnson case interpreting the laws covering cruise ship liability as not providing or allowing for the limitation in the liability of cruise lines. In the case, the plaintiff filed an action for the intentional imposition of emotional distress together with related wrongs through the act of the cruise lines in conspiring in order to cover-up the rape of a passenger by a crew member while aboard the cruise ship. The contract of adhesion provides for a shorter period of filing actions. The court held that despite the rule provided in the Shute case, legislation on liability does not include in its contemplation allowing the limitation of the liability for intentional misconduct. This means that in the case of forum selection, the plaintiff may still file venue motions in instances where the application of the forum selection clause results to the limitation of the liability of the cruise ship for intentional wrongs.

            Still, another basis for questioning the applicability of the forum selection clause in passenger tickets is the unfairness of its application because the plaintiff was not given the opportunity to rebuff the clause without forfeiting financial claims. This may be raised in instances where the passenger learns of the forum selection clause after purchasing the ticket and the passenger was not given the opportunity to reject the contractual provision without incurring any penalties. In Corna v American Hawaii Cruises, Inc. (1992) the forum selection clause was not enforced due to the finding that this worked unfairly to the plaintiff. In Kalman v Cunard Line, Ltd. (1995) the motion to dismiss the venue motions was denied while considering the resolution of the factual dispute. In the case of Cross v Kloster Cruise Lines, Ltd. (1995) the forum selection clause was enforced but the cruise line incurred penalty due to the non-compliance with the period of notice provided in the contract of adhesion.    

Conclusion

            Cruise ship companies incur liability for accidents, physical injuries and crimes committed aboard the vessel. The liability of cruise ships emanate from the tort principle of strict liability they have for occurrences violating the right of passengers to a safe transportation. Cruise ships are deemed as common carriers so that the principle of strict liability accruing to all common carriers applies to cruise ship companies. Strict liability refers to the absolute liability of cruise lines for accidents, physical injuries and crimes committed on board the ship causing harm and encroaching on the safety of passengers. Moreover, the principle of standard of reasonable care also accrues to cruise ship companies covering personal injury cases filed by passengers.

            Since cruise ship companies incur liability for accidents and crimes committed onboard their ships, a relevant issue is the venue for filing claims. The US Supreme Court has provided in the Shute case that forum selection clauses in contracts of adhesion are reasonable. This means that actions involving cruise ship transportation should be filed in the venue specified in the contract. However, there are certain exceptions to the rule such as the action involving intentional acts, the unfairness of clause’s application, and the specific circumstances of the case.

 

 

Changing gender roles within the family

Introduction

To have a family is important because at most instances it brings about a sense of belongingness. The family provides love and affection to an individual whether they are an adult or a child, a man or a woman. Through the family a person can have love and affection he/she needs to be a good member of society. The family also provides physical needs of an individual.  The family is a basic unit of society.  It is where values are formed and improved. The family helps in molding someone to be a good member of society.  The family can initiate change the society. Since it is a basic unit of society, it can gradually initiate change from within and spread it to other members of the society.  When a society has a culture of corruption, the family can change it by teaching younger members to be honest and never steal things. The family has acquired various kinds of changes over the years. Its composition and principles have adjusted to the changing environment. The roles of family members have also changed depending on how they intend to survive in their environment. This paper intends to concentrate on changing gender roles in the family.

 

Sociology of the family

A family can either be extended, symmetrical, or nuclear. A family that is extended usually has members that are a relative of one of the parents. A family that is symmetrical has a father and mother that shares tasks and decisions equally. This is a movement away from the traditional practice where only a father or mother is the one that makes decisions. A nuclear family can be considered as a traditional family where the members include the father, the mother and their offspring.   The processes in the family can differ due to the culture, tradition and values they have. The stages in the family life include Independence, Coupling or marriage, Parenting, Launching adult children and Retirement or senior years.  The stages in family life involve a never ending cycle.   Different approaches have been used towards the family. One approach is functionalist. In this approach the family is analyzed through its structure and practices. In this approach the family is seen as something that is made of inter-dependent parts that try to work together so that they can fulfill the things needed so that they can survive society. Another approach is feminist wherein the focus is on gender politics, sexuality and power relations. This approach wants to understand the nature of inequality in the family.

 

Choice of theme

The theme changing gender roles within the family was chosen as a firm because such theme describes the situation of the family nowadays. It helps in giving an account of how the family has changed. The theme of changing gender roles in the family can help in determining how some members of the family have been  stereotyped before and how they are being described now. The theme also helps in understanding what might be the future scenario in a family and the future of gender roles. Comparisons will be made on the gender roles before and current gender roles.   Through comparisons the paper will try to identify the obvious changes that have been made.

 

Discussion and analysis

Gender roles

The impact of sex-differentiated social roles on behavior is mediated by a variety of psychological and social processes. One set of processes concerns the formation of gender roles and their impact on behavior in social interaction. Another set of processes refers to the acquisition of different skills and beliefs by men and women, mainly through their participation in relatively sex-segregated social roles across their life spans. There are variations within and between the sexes and within and between cultures in mating choices, aggressiveness, sexual restrictiveness, and parenting behaviors. However, powerful evolutionary pressures tend to pull human males and females in different directions regardless of societal particulars (Eckes & Trautner 2000). An evolutionary account of gender roles does not deny socialization or cognitive influences on human behavior, but it does assume that human thought and human learning unfold within a wider biological context. The evolutionary history of the human species is such that ancestral males and females reliably faced different survival and reproductive tasks. As a consequence of those recurring differences in ecological pressure over eons, man’s ancestors passed on a slightly different array of psychological mechanisms to modern males and females (Eckes & Trautner 2000).

 

For many years concern with sex-role development was centered upon the parenting process and rooted in Freud's description of the family in which the mother rightly provided feminine virtues of love and nurturance and the father the masculine strengths of rules and discipline. Freud's view of sex role development plays out as a function of the biological sex of the child rather than socialization differences. His description of children's adoption of the roles appropriate for their sex through identification with the same-sex parent and the resolution of the Oedipus and Electra complexes has permeated a person’s thinking to an extent far greater than the amount of support for his theory, which was derived primarily from the memories of adults rather than the observation of children (Moser 1993). However, psychoanalytic theory focused on early childhood as a critically important period and, more than any other, recognized children's enormous emotional investment in their identities and roles as boys or girls. Although social role theory treats the differing assignments of women and men into social roles as the basic underlying cause of sex-differentiated social behavior, the impact of roles on behavior is mediated by psychological and social processes. Important among these processes is the formation of gender roles by which each sex is expected to have characteristics that equip it for its sex-typical roles (Payne 2001). Almost all societies have a gender system that affects a person's role. The concept and ideas of this system vary depending on culture, tradition and environment. Gender roles are most commonly known as stereotypes to men and women.  It is said to be a form of division of labor by gender. The stereotype to men is they work, fix their cars and provide for the family. For the women their stereotypical role is to cook, clean and perform maternal duties. The gender roles have changed over the years and mixtures of roles have been found in both male and female.

 

Changing gender roles and the family

Gender roles are the shared expectations that apply to individuals on the basis of their socially identified sex. Gender roles are emergent from the activities carried out by individuals of each sex in their sex-typical occupational and family roles; the characteristics required by these activities become stereotypic of women or men. To the extent that women more than men occupy roles that require predominantly communal behaviors, domestic behaviors, or subordinate behaviors for successful role performance, such tendencies become stereotypic of women and are incorporated into a female gender role. To the extent that men more than women occupy roles that require predominantly agentic behaviors, resource acquisition behaviors, or dominant behaviors for successful role performance, such tendencies become stereotypic of men and are incorporated into a male gender role (Dreman 1997). These gender roles, which are an important focus of socialization, begin to be acquired early in childhood and are elaborated throughout childhood and adolescence. Gender roles facilitate the activities typically carried out by adults of each sex. For example, the expectation that women be other-oriented and compassionate facilitates their nurturing activities within the family as well as their work in many female-dominated occupations (Momsen 2004).

 

The expectancies associated with gender roles act as normative pressures that foster behaviors consistent with sex-typical work roles through expectancy confirmation processes and self-regulatory processes.  Gender roles can thereby induce sex differences in behavior in the absence of any intrinsic, inborn psychological differences between women and men. In contrast to specific roles based on occupations, family relationships, and membership in other groups such as volunteer organizations, gender roles are diffused because they apply to people who have membership in the extremely general social categories of men and women (Walsh 2003). Gender roles thus pertain to virtually everyone. These roles, like other diffuse roles based on demographic characteristics such as age, race, and social class, have great scope or generality because they are applicable to all portions of one's daily life. In contrast, more specific roles based on factors such as family relationships and occupations are mainly relevant to behavior in a particular group or organizational context. In viewing recent structural changes in the family as part of a historical continuum, the changing status of women emerges as the major ongoing dynamic from the end of the Victorian era to the present (Duck & Milardo 2000). Although families had many more children in the past, women invested relatively less parenting time, contributing to the shared family economy in varied ways, from weaving to bookkeeping. Fathers, older children, extended kin, and neighbors all participated actively in child rearing. The integration of family and work life allowed for intensive sharing of labor between husbands and wives, and parents and children. Industrialization and urbanization brought a redefinition of gender roles and functions. Family work and productive paid work became segregated into separate gendered spheres of home and workplace. Domesticity became glorified, assigning to women exclusively the roles of custodian of the hearth, nurturer of the young, and caretaker of the old. The nuclear family structure provided for a healthy complementarity in the division of roles into male instrumental leadership and female socio emotional support. The fields of psychiatry and child development adhered to this family model and its corollary that the failure of a family to uphold proper gender roles would invariably damage children. More recent men's movements have sought greater involvement in parenting by fathers and a reconnection with the fathers they barely knew. Although some advocate a return to the traditional patriarchal model, most men share with women the desire for a full and equal partnership in family life. Living out this aim is still a work in progress (Lippa 2002). Traditionally only gender roles based on femininity and masculinity existed; however, as time goes by different acceptable male or female gender roles have emerged. An individual can have diverse gender roles through identifying themselves with a subculture. The traditional gender roles of women have become less relevant in most societies since the period of industrialization started. Women are now taking roles that were traditionally reserved for men, most of the time it causes pressure on many men to be more masculine and more responsive to changes. Gender roles have changed over the years. Men now can clean, do the dishes or stay home and take care of the kids. Women can now have a successful working career, and do things that originally are for men. If feminism approach will be used on the current family situation; it can be said that the structure of the family based on gender roles have shifted from being male centered into one that focuses on equal sharing of decisions, ideals and responsibilities.

 

Conclusion and Evaluation

The family has acquired various kinds of changes over the years. Its composition and principles have adjusted to the changing environment. The roles of family members have also changed. Each member of a family was restricted by the sex roles of the traditional family, these roles such as the father as the worker and the mother as the homemaker are declining, the mother is becoming the supplementary provider and she retains the responsibilities of child rearing. Gender roles are most commonly known as stereotypes to men and women.  It is said to be a form of division of labor by gender. The stereotype to men is they work, fix their cars and provide for the family. For the women their stereotypical role is to cook, clean and perform maternal duties. Gender roles have changed over the years. Men now can clean, do the dishes or stay home and take care of the kids. Women can now have a successful working career, and do things that originally are for men. Before only men can vote, now everyone under the legal age can vote. Before leadership in the household belongs to the husband, now women can be a leader of the family especially during times where the husband cannot perform his duties. The changes to the gender roles can be attributed to feminism and its widening reach. Feminism started the call for fair treatment of women, and the proper handling and implementation of their rights. Feminism also made sure that women are treated with respect and dignity.  There are still countries that refuse to accept the change in gender roles, this countries culture and tradition makes them distant to the concept of changing gender roles. The future is bright for more changes in gender roles and family’s role to society.

 

References

Dreman, S (ed.) 1997, The family on the threshold of the

21st century: Trends and implications, Lawrence Erlbaum

Associates, Mahwah, NJ.

 

Duck, S & Milardo, RM (eds.) 2000, Families as

relationships, John Wiley & Sons, Chichester, England.

 

Eckes, TB & Trautner, HM (ed.) 2000, The developmental

social psychology of gender, Lawrence Erlbaum Associates,

Mahwah, NJ.

 

Lippa, RA 2002, Gender, nature and nurture, Lawrence

Erlbaum Associates, Mahwah, NJ.

 

Momsen, J 2004, Gender and development, Routledge, New

York.

 

Moser, CO 1993, Gender planning and development: Theory,

practice, and training, Routledge, New York.

 

Payne, KE 2001, Different but equal: Communication between

the sexes, Praeger, Westport, CT.

 

Walsh, F (ed.) 2003, Normal family processes: Growing

diversity and complexity, Guilford Press, New York.

 

 

House-to-House HIV Testing Among African American Adolescents in Rural and Semi-Rural Areas in Miami-Dade County, Florida

Abstract

 

            An inherent opportunity for delivering the basic health services to rural and semi-rural areas in Florida is explored through this initiative. HIV testing, because of the economic barriers in acquiring such health service, remains to be a challenge for African American living in the rural and semi-rural areas in Miami-Dade. Because HIV is becoming a serious health challenge in Florida, preventing the disease is crucial especially for high risk individuals such as the African American adolescents. A house-to-house HIV testing intended for the African American adolescents whom are excluded on school initiatives and are experiencing economic barriers to testing is the core of this project. African American adolescents living in the rural and semi-rural areas in Miami-Dade will be tested through SFAN.

Human Resource Case Study

1.         On the basis of your knowledge of the HR profession, its past and its future, advise your friends.

            The principles and practices of the human resources profession today were developed over several centuries of labor management dealings and relationships. Some present-day problems are rooted in past practices that date back to the establishment of what started the practice of human resource management.

The need for more efficient, economical, and equitable management of the human resources in business and industry has never been as pronounced as it is today.  do not have to worry about not having a job in the future. This human resource management need has been brought about by factors which inevitably affect not only the established structures and ways of doing things within the personnel area but also by the more meaningful and substantial task of managing an organization’s most important asset – the human resource.

            Among these factors are: stiffer competition in business; rapid changes in technological,  competitive and economic environments ( 2004); the explosion of technical and managerial knowledge; spiraling wage and benefits costs; increasingly complex government intervention in running the business through laws and regulations; the growing strength of labor unions and the felt need in many businesses to find better ways to manage rapidly changing tasks involving the coordination of many diverse specializations.

            Traditional functions in personnel such as hiring, wage and benefits administration, and record keeping are still being performed. However, the scope of personnel management has been expanded to include strategic concerns such as, among others, career planning, organizational development, and community relations. This linking of personnel management with the process of achieving the organization’s strategic goal defines the qualitative leap into human resource management.

These factors just mentioned have no doubt been responsible for the emergence of the personnel function as a vital area in the implementation of corporate strategy. Increasingly, business firms are experiencing a very real change in attitude regarding personnel activities. As a consequence of these developments, the systems which now evolve should be responsive to today’s challenges.

            As businesses and organizations grow, the functions and volume of work also increase and thus would need help in the management of the various functions. With the rise of large commercial and industrial organizations in the twentieth century, it became necessary to split the functions of the enterprise into the specialized activities or functional areas. Given that there are many factors precipitating the need for human resource functions and management, human resource students can be assured that they will be able to get good jobs in the future.

 

2.         Should any of them rethink theirs plans to join the profession? 

            As explained in the previous paragraphs, the need for human resource functions and management is steadily rising. We are in an era of organizational revolution marked with rapid shifts in the workforce, changing corporate culture, and changing organizations. The role of human resource professionals is coming to the fore as firms continue to globalize at a pace. Information and communication technologies are transforming organizational structures and business processes, breaking down organizational and geographic boundaries. Businesses, whether large or small, are finding competition increasing at rapid rates as more and more competitors enter traditional markets through the use of technology that were once the preserve of national companies/enterprises. Businesses have realized that without attention to foreign markets and competitors their prosperity and very survival may be at stake (2004).

Given all these situations, the management of people has never been as important and crucial than ever before. Today, it is considered a central figure and the key to productivity and quality especially in a very competitive society. Students taking up human resource subjects do not need to rethink their plans to join the profession.

 

3.         Will there be a profession? Should they make changes in their preparation for their careers?

            The human resource function has evolved through many roles over the last hundred years and it must continue to evolve. In many ways, the future of human resource management is now. This is true even if it is still in its developmental stages, though some aspects of it have been around for some 100 years, or as long as there have been modern businesses operating in the global arena (2004). For as long as people are needed in business and industry and in any other organization, the management of personnel and human resources will always be an important unit of management and human resource students will always have a profession. Even small companies have learned to recognize the importance of sound personnel policies and programs which must be implemented and administered by men who have had training in personnel management and industrial relations thus recognizing the functions of personnel management.  do not need to make changes in their preparation of careers. They can be assured that when the time comes for them to work, they will be able to get a good job in the field of human resource management. The only question that should be raised is whether these students have what it takes to be a human resource professional. If not, then it is better that they should make changes in the career plans. The question does not lie on whether there will still be a human resource profession, the question lies in whether the individual has what it takes to be a human resource professional.

 

4.         Is it necessary to be a people person? 

            Since the human resource discipline essentially deals with people, it is only fitting that human resource professionals consists of individuals who are people person or people oriented. Beyond providing for a more conducive work culture, human resource department should genuinely adopt a people-centered approach. This is because the value of human resource amounts to the value of a person, given that the majority of adults commit 20 to 30 years of their most productive years for the benefit of an organization (1998).

            It is important to remember that a human resource manager does not succeed by education alone. Personal qualities that specifically address to dealing with people are of paramount importance. The personal qualities regarded as important for success to personnel work include, among other things, the ability to communicate effectively, orally, and in writing. He or she must enjoy what is entitled of the position – he or she must enjoy working with people. The human resource manager must also understand individual attitudes, and prove equal to the problems of the employees and of the employer. The workers will depend very much upon the human resource manager for fairness and proper counseling and guidance; he or she must therefore have a pleasing personality and personal warmth and be approachable to the workers. It is definitely necessary for human resource professionals to be people-persons.

 

5.         Do good accountants make bad HR managers?

            Technically, good accountants do not necessarily make bad HR managers. However, given the differing nature of conventional accountancy and human resource accountancy, what could be good in the former could not be possibly good for the later. In a way, good accountant can make bad HR managers when they would follow the conventional accounting methods instead of that which is applicable to the human resource department. To further understand this, the field of human resource accounting has to be thoroughly explained and differentiated with that of the conventional accounting.

The field of human resources management has indeed undergone evolutionary changes from specializing in traditional functions to having greater roles in the life of an organization. One area which is revolutionizing human resources management is human resources accounting.

            Human resources accounting is an attempt to estimate the economic contributions of personnel activities and the value of human capital. It is a likewise far flung approach from conventional accounting methods which treat people as “costs” to be minimized rather than to be optimized.

            For instance, in the old way of human resource reckoning, training, and development, expenses are treated as costs, and as such, they could lessen corporate profits. Managers enveloped in this framework tend to think that expenditures for training and development should be therefore be put to a minimum.

             (1989), one of the known proponents of the movement for human resources accounting said that it represents both a way of looking at human resource decisions and issues, and a set of measures for quantifying the effects of human resources management strategies upon the cost and values of people as organizational resources. Investors need information about their investment in human assets to assist them in making decisions to acquire, retain or dispose of stock. Yet financial statements are so limited in this regard. Conventional accounting treats investment in human resources as expenses, rather than assets and this results in distortions.

            According to  (1989), the following distortions occur:

Distorted income statements – net income is distorted because accountants treat all expenditures made to acquire or develop human resources as expenses, rather than capitalizing and amortizing them over expected life service.

Distorted balance sheets – since the entry on “total assets” does not include the firm’s investment in human assets.

Human resources accounting therefore provides vital inputs for more accurate and effective decision making with regard to all aspects related to personnel; acquisition, placement, training, development, and replacement of personnel. It helps monitor and quantify the costs and value of people. Conventional accountants must regard personnel components as assets, not as costs or liabilities, if they are to become good human resource managers.

 

6.         Does advancement lie in seeking an entry level HR position?

            Seeking an entry level human resource position opens many doors for the individual. However, advancement is not easily obtained. In light of the rapid shift in today’s organization, the skills required of human resource managers, beginners in the profession and even aspiring students in the discipline, have to be continually adapting and evolving to the field. Employers are placing greater emphasis on business acumen and are automating and outsourcing many administrative functions, which will force many human resource professionals to demonstrate new skills and compete for new, sometimes unfamiliar roles. Human resources management is a very dynamic field that a practitioner has to update himself or herself in all areas of advancement. This may be through associations, conferences, and seminars and from reading materials like journals, magazines, and books.

Those who aspire to leadership roles within the profession will have to become more strategic, more proactive, more involved in the overall business of their employer (2002). To assume a top position where the human resource professional must coordinate all of the activities involved in human resource management, and human resources relations, he or she must prepare for it and make sure he gets the necessary exposure in the technical phases of the job and proper personnel contact with top executives.

A human resource position is also a boundary-less career in which the options for improvement and advancement are limitless. The emerging notions of "internal" or "boundary-less" careers suggest that managers value an assignment for the opportunity it brings for skill acquisition, personal development and career enhancement, even though it may not help them advance within their current company (  2004). The "internal" career involves a subjective sense of where one is going in one's work life, whereas the "external" career essentially refers to advancement within the organizational hierarchy.

 

Health and Safety in Oil and Gas Industry

Health and Safety in Oil and Gas Industry

 

Background

            It has been reported that over the last one hundred years, oil and natural gas have emerged as two of the most sought after energy sources in the world, and although alternate fuel sources continue to be tested and developed, oil and gas are still in great demand in both industrialized and developing countries, alike (2006). In relation to this need, being involved in working offshore are the risk of health and safety in the field. Some of that risk is monetary, as is required for actual exploration or production, transportation, refining and marketing of products, while others are on a more personal level, as those being the safety and health hazards to the employees and contractors conducting the work, the communities surrounding the workplace and the environment in which we all live (2006). Due to these, this proposal aims to evaluate the implemented health and safety measures of many oil and gas industries in preventing disasters from happening, and evaluate the effectiveness of these precautionary measures. It also aims to examine the diseases being acquired by the employees and contractors from prolonged exposure to chemicals and from the environment as well.

 

Literature Overview

            Health and safety is a key element of both industry and working standards, such as in the oil, gas and petroleum industries, for they operate in dangerous environments and deal with extremely hazardous products (2006). It is therefore essential to ensure that workers within this industry are highly trained in dealing with health and safety issues, not only for their own protection, but, most importantly, for that of the general public (2006). This is to prevent disasters, such as what happened in the Piper Alpha accident in 1988. In addition, food-borne and waterborne diseases, and diseases resulting from prolonged exposure to chemicals and metals cause many companies to take action.

 

Methodology

            Two studies related to oil and gas industries will be evaluated, namely the study made by  in 2002, studying the present conditions of the survivors of the Piper Alpha oil platform disaster, and the Health Watch Study in Australia since the 1980s regarding the diseases acquired by the employees of the Australian petroleum industry. From these studies, the existing precautionary measures will be evaluated and given emphasis.

 

Significance

            The significance of this proposal is to evaluate the effects and the risks in working in an oil and gas industry. This would examine the results of the studies presented and the applicability of the laws and regulations being implemented to alleviate the adverse effects of working in the industry. It would also evaluate the diseases acquired to properly implement treatment for information and education.  

Pakistani Telecommunications Company Limited (PTCL)

Nature of Organization or Case Study

            Pakistani Telecommunications Company Limited (PTCL) was incorporated in Pakistan on December 31, 1995. The organization commenced business on January 1, 1996. It is listed an all of the three stock exchange in Pakistan. The company was established in order to undertake the telecommunication business that was first offered by Pakistan Telecommunication Corporation (PTC). The business was transferred to PTCL on January 1, 1996 under the Pakistan Telecommunication (Reorganization) Act, 1996, which enable the company to take all of its resources, which include properties, rights, assets, obligations and liabilities of PTC, expect those that have been transferred to the National Telecommunication Corporation (NTC), Frequency Allocation Board (FAB), Pakistan Telecommunication Authority (PTA) and Pakistan Telecommunication Employees Trust (PTET) (Forex PK 2010).

 

            PTLC was chosen by the author because it is considered as one of the largest and biggest companies in the country. Currently, it is servicing innovations and technologies towards millions of people, improving their life. In 2010, the PTCL Group declared its 2009 revenue of Rs 49.4 billion, which was higher by 6%, compare with the last year (Forex PK 2010). 

Quality Management is a principle of management that is driven by the constant attainment of clients or target market satisfaction

 

BS EN ISO 9000 can be accused of reducing quality rather than improving it. By constraining creativity and innovation, conformance to standards means that companies are process focused rather than people focused.

 

Introduction

Different companies around the world are trying to initiate approach that would enable them to ensure quality and effective product or service giver. One of the approaches that they used is the quality management approach. Accordingly, Quality Management is a principle of management that is driven by the constant attainment of clients or target markets satisfaction though the continuous enhance and develop more of all business firms or companies processes (1998).  It is a management principles that tries to integrate all business firms or companies functions such as marketing, finance, design, engineering, production, clients or target markets service, and others to focus on meeting clients or target markets needs and business firms or companies objectives (2000).

Winning business strategies such as the utilization of quality management are grounded in sustainable competitive advantage. It is said that an organisation has competitive advantage whenever such organisation has an edge over its competitors in attracting clients or target markets and defending against competitive forces. Competitive advantage is derived from external factors or positional advantage and internal factors or resources and assets used. The latter is the effect of the competencies of the firm (1991).   Any firm is interested in competitive advantage; actually it may be said to be the very purpose of quality management especially if the advantage proves to be sustainable. With the increasing needs of a quality products and service deliveries, quality management adheres to different principles and one of these is the BS EN ISO 9000. Although these quality management system standards have some advantages, there are some critics that consider BS EN ISO 9000 to reduce quality rather than improve it. Primarily, the goal of this paper is to analyse the statement:

“BS EN ISO 9000 can be accused of reducing quality rather than improving it. By constraining creativity and innovation, conformance to standards means that companies are process focused rather than people focused”

 

Overview of ISO Quality Management Standards

During these times of continuous change and global competition, several factors such as leanness, flexibility, adaptability and a capacity for differentiation are deemed necessary for business survival but companies are restricted by the need to conform by the sanctions of standards such as ISO standards (1999). Thus, in such situations, standard bodies (or those who regulate companies by applying standards) should accordingly use extreme caution and deal with specific problems that emerge daily and with increasing frequency in this constantly changing world ( 1999).

There are many standards that can affect quality and these include the ISO standards, specifically BS EN ISO 9000  formerly known as UK BS5750 because these standards helps in the process control of the conduct through the documentation or “feedback” that it generates to keep the process in control (1995).  (2004) explained that the key elements in ISO’s definition include: that standard prescribes behaviour or characteristics of people or inanimate objects - yet, it does not in itself mandate compliance; a standard is an instrument of governance, but it is more explicit than most social norms; and it differs from a governmental regulation in that the use of, or compliance with, a standard is by definition not mandatory.

Included in the ISO 9001:2000 are standard quality requirements composed of the quality system management system, management responsibility, resource management, product realization, and measurement analysis and improvement  The program could be utilized by any organization regardless of their size and industry specializations. Consumer goods manufactures and service giver organizations are encouraged to adapt this management program in order to achieve quality standards to be able to compete in the international business environment ( 2008).

Quality has burst upon the corporate scene. Very few major firms have
not invested in it by now. The nature of this investment, however, has
varied greatly. Many boards of directors, CEOs, and quality improvement departments still think of quality mainly in terms of quality control--inspection, standards, and statistics. A growing number is realizing the challenge to be much more complex than first believed. They have begun trying to
define and to develop what is necessary for success. A few have reached the point at which they understand the need for a systemic perspective.

 The ISO 9001:2000 in particular constitutes quality management principles that focus on the organizations’ customers while ensuring that the organizations give leadership and participation of people, process and system-oriented approaches, continuous improvement as well as objective ideas and good business relations ( 2008). ISO 9001:2000 makes sure that the organization understands the needs of the customers through studies that sought to answer issues which deal with customer satisfaction. In this manner, the organization will have a greater chance to meet the requirements and exceed the expectations of the clients. The program also ensure that leadership within the organization is established for a unity of purpose so as to set the direction of the company and at the same time give an environment that motivates the people to work out the goals of the company. This is accomplished through the immersion of the people within the organization, proper distribution of responsibilities, and more decision-making on the part of the employees so as to involve them with the issues that concern the company. It will also develop their skills which they can use in order to help the company achieve its objectives.

 

Statement Analysis

BS EN ISO 9000 has been described as the fundamentals of quality management system. The principal philosophy of BS EN ISO 9000  is to give a standardized approach that global company should follow and use. The 2000 versions of the standard quality management give emphasis on, the clients, management, and the continuous improvement of the company. In addition, this version has been able to establish a management system framework which is intended to continually enhance the satisfaction of the clients and the efficacy of the management system. In BS EN ISO 9000 describe the basic fundamentals of QMS. BS EN ISO 9000 is composed of different programs which vary according to the functions in order to give a structure on which a quality management program system can be efficiently used for the development of the operations of business organizations ( 2008) guidelines for improving performance) (2008).  However, there are some issues which have been attributed with BS EN ISO 9000. And this is attributed to the process and the people involved.

Eventually, stakeholders, especially employees and customers satisfaction has always been regarded as the driving force behind quality improvement; others suggest quality management is achieved by internal productivity or cost improvement programs. In other applications, Quality management system is regarded as a technique to introduce the context of participative type of management (1998).  Thus, the management should be more straightforward to provide the potential role of applying the Quality management system to their operations and services.

In addition, since Quality management system is based on internal or self-control, which is embedded in every element of the work system (technology and people), the employees, or the people behind the operation and services must be able to determine the problems beforehand, to anticipate its occurrences. Pushing problem solving and decision-making down in the Industries especially to their operations and services may allow people who do the work to both assess and take remedial action in order to deliver an operation or service that meets the needs of their stakeholders, especially employees and customers.   In applying quality management system to industrial operations, they must be able to combine it with the core strategy of the industries; this does not mean that such industries must have total changes. It is important that in application of the Quality management system to the industrial operations and services they must also consider that an appropriate strategy should be used in order to employ a total quality operations and services that would satisfy all stakeholders.

As the statement mentioned, BS EN ISO 9000 is sometimes perceived to hinder quality improvement or reduce it rather than achieve it. This notion arises because quality management systems focus more on the process on how quality can be achieved and not the people who will do the process.  Some industries have been concerned that BS EN ISO 9000 standards have not been able to adhere to the ability of the industries to control production, especially the people who are involved in it (1985). It has also been mentioned that conforming strictly to the standards is also ignoring some of the aspects of the company.

Some companies have seen this area of contribution to quality; however, most of them did not see it as part of the ideas in the BS EN ISO 9000 quality management systems. For instance, in the organizational setting of large industries which have different management, they need to have a production control approach than any other production oriented organisations. However, such aspect is not seen within BS EN ISO 9000 descriptions and most of the large industries mislead these standards to be a Quality management system that ignores production control, which affects the overall quality deliverance of the company.

            Some authors have been able to detail several points which explain the statement. BS EN ISO 9000 can be accused of reducing quality rather than improving it. By constraining creativity and innovation, conformance to standards means that companies are process focused rather than people focused. For instance, by constraining innovation and creativity, the management has not been able to see the needs of their people.  It can be seen that BS EN ISO 9000 is lacking the requirement for having an extensive motivation or process involvement. Some argues that this is because there are some parts of the Standards which are very hard or complex to interpret and understood.

            One of the objectives of the standard is to conform to the quality standards by enhancing the moral of the industry through the quality promotion of life which leads to a motivated human capital. However, since more companies interpret these standards as to adhere to innovation and creativity in quality manner, they are forgetting some aspects and that is the human resources.

            In addition, BS EN ISO 9000 also demands systems to be documented. Accordingly, it is important that the management should consider the involvement of the employees or human resources when writing work instructions or production process. However, some authors have noted that since companies are trying to comply with these standards, they tend to leave their employees behind and do all the works.  the statement just indicate that while adhering to the context of quality by considering creativity and innovation as part of the production process, the value of the employees are being ignored because the management would think that they have nothing to do with the production process.

            Furthermore, it has been also considered that some critics seen BS EN ISO 9000 to lack some provisions in terms of the execution of cost-effective management of product control, employee trainings, planning, quality cost management and market research. The inability of the management to interpret well the meaning of the context of BS EN ISO 9000 also leads to its incorrect and inappropriate implementation.

            The statement can also be viewed in a cognitive approach of decision making. Herein, it can be perceived that the quality management system standard should not only consider production process but consider the people who will be involved in the said production. In this regard, the management should not only note the training needs but they should also go on to explain further how these needs can be provided. This can be attributed to personal factors, which indicates that the quality management standard should be an all encompassing approach which will ensure total quality rather than just quality assurance.

            Companies who cannot adhere to the needs of their employees are those industries who company who do not give the required training standards. this inability can also be related to the statement as the management who are more focus on innovating to achieve quality standards do not able to give proper training to their employees.  Some views, that the quality management system provided with the BS EN ISO 9000 replaces the present system which affects the entire operations of the company.

Employees often aggravate the difficulties of implementing the standard. This is due to their personal and situational factors of uncertainty, reluctance to adopt new systems, potential job insecurity through improved systems, and the natural resentment of change. It can be argued that the implementation of quality management can boost organisation to gain competitive advantage may it be on the national an international level. Business firms or companies that implement total quality management are constant with the founders’ ideas in developing means for assessing their clients or target markets’ preferences, altering relationships with suppliers, using teams to solve problem, investing in training in problem-solving tools and, to a lesser degree, teaching statistical analysis to front-line employees (1995). 

It can be said that the context of BS EN ISO 9000 is complex that most of the management are not able to adhere to what is really the message. Misinterpretations of the quality management system lead to several problems and in this way, some are forgetting the importance of employees. In order to adhere to their needs and to be able to make sure that the company will be more people oriented than process oriented, employees that do not meet the standards of the company and, proper assessment of their skills and knowledge as well as their previous contributions to the company should be facilitated and reviewed. Training should be provided for such employees particularly those who are willing to learn and be trained not just for the employment but for individual professional growth. Such organization members, if properly educated will be the future assets of the company. Proper communication should be considered and taken into account in which the company must employ certain measures in order to ensure its good relationship with the labor units. Moreover, there should be increased formality in terms of recruitment and selection procedures for more systematic and objective hiring as well as to avoid wasted labor costs and employee turnover. Strategic training and learning approaches meanwhile should be able to create staff and employees that are dependable and flexible. In this regard, contemporary Human Resources approaches should be integrated to optimize the employment outcomes of the company. Competitive advantage can be achieved through the use the BS EN ISO 9000, if the management are able to follow what it really implies.

 

Conclusion

            Companies especially those large industries and other multinational companies, can be considered as a strong industry because of their adherence to different quality standards. However, it is undeniable that quality management systems will have some flaws which should be given attention.   In order for industries to continuously grow in the marketing place and to gain competitive advantage, it is important that they will be able to learn from their mistakes and open their minds about considering not only the process of adhering to the quality standards but also the people who are involved in it to ensure that the quality delivery of services and products is met. The company must be able to let each employee be a part of the company so that the employees in return will tend to give their best for company’s success. And one of the best ways to achieve such objective is the implementation of the Quality Management and the consideration of the principles and philosophies of BS EN ISO 9000 Quality management system.

BS EN ISO 9000 QMS, is a structured system for satisfying internal and external clients or target markets and suppliers by integrating the business environment, continuous enhance and develop more, and breakthroughs with development, enhance and develop more, and maintenance cycles while changing business firms or companies culture. Furthermore, these approaches are a set of management practices throughout the business firms or companies, geared to ensure the business firms or companies constantly meets or exceeds clients or target markets requirements.  ISO 9000 Quality management system places strong focus on process measurement and controls as means of continuous enhance and develop more.

The BS EN ISO 9000 philosophy of management is customer-oriented. Hence, the airline operations must be developed in order to steadily deal with the improvement of their operation through the ongoing participation of all employees in problem solving efforts across functional and hierarchical boundaries. BS EN ISO 9000 incorporates the concepts of service quality, process management, quality assertion, and quality perfection. Consequently, the industries must be able to control all transformation processes with regards to their operations and services to better satisfy customer needs in the most economical way.

In order to apply the BS EN ISO 9000 and to avoid the problems of not becoming people oriented, , the management of the industries must be able to accept the whole concept of the improvement, which means that all the people of the industries must agree that there is a need for a total transformation especially for the quality of operations and services that the industry will be offered.  Furthermore, the management should be willing to participate to all the improvement, value each and every ones opinion in order to achieve BS EN ISO 9000 and provide a total quality operations and services to satisfy their customers. Managers and experts disagree about how to effectively implement BS EN ISO 9000 to their organizations.

            In general, the success of any industry attributes to how well the management carries all its responsibilities and how well the mission, vision, and goal are being set along with the corporate approach imposed within an industry may it be non-profit or profit organisation . .

 

  

STAGES OF CORPORATE CITIZENSHIP IN DOW CHEMICAL COMPANY

STAGES OF CORPORATE CITIZENSHIP IN DOW CHEMICAL COMPANY

            The Dow Chemical Company is a leader in providing innovative chemical, plastics and agricultural products and services. Currently, Dow sits at the second largest chemical manufacturer in the world. The social and operational movement of the company will be analyzed through:  

A.           Citizenship Concept (Stage 5 – Change the Game)

            Dow embraces its role as a corporate citizen and commits at being a strong influence of positive change. Evidently, Dow ranked first in corporate governance in five consecutive semi-annual assessments. Corporate citizenship in Dow is well-realized by the employees, retirees, their immediate communities, end-users of the products and the governments and municipalities ( 2006).

            In 2006, Dow supports a variety of program directed towards improvement of education, health, culture and government among others. Continually, Dow pledge at developing products essential for human progress and focusing on fitness and well-being of the people ( 2006).

B.           Strategic Intent (Stage 4 – Value Proposition)

            Functional leadership, providing metrics through systems and data, the delivery of most effective technology (MET) (2007) and balance the internal investments are the core strategic intent of Dow. In particular, the integrated approach leads to two primary strategic focuses on leveraging the modern technology or eCommerce: 1) increase efficiency of value chain through eProcurement practices and 2) build new businesses that will develop low-cost alternative channels and creating new solutions-oriented ventures. Currently, Dow has been attempting to integrate e Strategies into their planning and employ a flexible approach in governance to keep with the evolution of strategic focus through adjusting the models (2000).    

C.           Leadership (Stage 2 – Supporter, in-the-loop)

            Leadership organizations within Dow ensures that decision-making is placed at the proper level and purports that proper checking and balances are in place. The Board of Directors are responsible for conducting thorough review through solid and diverse experiences and credentials. The board also embodies the corporate governance guidelines, codes of business conduct and financial ethics. The corporate officers support the board and occupy the management role ( 2007).

D.        Structure (Stage 3 – Cross-Functional Coordination)

            As a publicly traded company, Dow is governed by stockholders. The organizational practices include electing and voting and setting of schedule and agenda. The executive body and the five committees consistently communicate with stockholders and support each other towards achieving strategic priorities and organisational goals (2006).

            Particularly, Dow Company is engaged in succession management. Working processes at Dow involves the CEO, the vice-president of human resources and the Workforce Planning Strategic Center. When Dow implements the work process, they continually refine and adjust company’s systems.  As well as soliciting feedbacks from the line executives, monitoring developments of new technologies and learning from other leading organizations (2007). 

D.           Issues Management (Stage 4 – Pro-Active, Systems)

            Member control, the company’s capabilities in evaluating its environmental and social impacts fall short and the company lacks in policy and systems of handling complaints on operational level are some of the issues faced by the management (2006).

            In 2005, Dow launched the Managing Issues website wherein employees can communicate their sentiments/concerns to the management. This provides the employees a resource to learn company issues and Dow’s top public issue priorities. The site aids at aligning actions to Dow’s corporate strategies and reflects the focus on preserving Dow’s values and integrity (2005).

E)        Stakeholder Relationships (Stage 3 – Mutual Influence)

            Stakeholders identified by Dow includes stakeholder who have a need and who gets credit for the work and funding, decision and beneficiary stakeholders (2007). Dow upholds their reputation through strengthening of the stakeholders’ relation and engages them in the process.  

            In Dow Company, external stakeholders are actively involved in line with their commitment of seeking input and promoting partnerships. The company facilitates meeting Corporate Social Responsibility (CSR) targets and community engagement. Dow Chemical institutionalizes external stakeholders in corporate decision-making ( 2006).

E.           Transparency (Stage 3 – Public Reporting)

            In 2006, Dow Chemical ranked sixth for their transparency capability (30%). The commitment of the company aspires from one of its ‘Guiding Principles of Sustainability’ ( 2006). The company is committed to sound governance through the management and independent auditors in meeting competence and integrity ( 2007).

            Evidently, the Dow Company is in positive and improving direction. The combination of its reputation, resolving priority issues and strengthening the stakeholders’ relationship is the three interrelated actions (Around Dow, 2007) which shape the culture of Dow. The company also converges its strategies with the maximum use of the modern technology in incorporating corporate citizenship efforts.  Thus, the employee engagement and stakeholders participation is always available.