Medication Errors in Nursing Ethics of Veracity and Gate Keeping Essay Example

Medication Errors in Nursing: Ethics of Veracity and Gate Keeping Paper Part of the nursing ethics is the immediate reporting and filing of any medication error committed during the span of nurse’s duty. Standard protocol mandated by most institutions is the placement of incident report upon committing the mistake; however, practitioners do not place these records on the patient’s permanent database or even on the patient charts to avoid compromise of their medical comrades. The main issue confronting such practice is the ethical principle of professional gate keeping versus duty of veracity and the violation of patient’s right to know every event of the care process. b. Problem Background Based from the definition of National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP), medication error is considered as â€Å"any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient or consumer† (NCCMERP; cited in Brendle, 2007 p. We will write a custom essay sample on Medication Errors in Nursing: Ethics of Veracity and Gate Keeping specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Medication Errors in Nursing: Ethics of Veracity and Gate Keeping specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Medication Errors in Nursing: Ethics of Veracity and Gate Keeping specifically for you FOR ONLY $16.38 $13.9/page Hire Writer 146). Nurses are confronted by medication errors often times and the act of filing an incident report to alert other members of the health care team is indeed the best collaborative intervention supported by their duty of nonmaleficence (Yeo and Moorhouse, 1996 p. 295). However, these reports are purposely undocumented in the patient charts or permanent records to prevent the risks of legal suit against the practitioner who committed the error, which arguably contradicts to the ethical principle of nurses’ duty of veracity. II. Review of Literature a. Medication Error Medication error is a critical violation of the five rights of medication administration, which can lead to legal liabilities of malpractice or incompetence (White, 2000 p. 486). According to the reports made by the Institute of Medicine (IOM), medication errors are the most prevalent health care errors in the hospital practice affecting approximately 3. 7% of the patients (Brendle, 2007 p. 146). In case of medication errors, the nurses are obliged legally and ethically to report them directly to the nursing manager or in charge physician as mandated. According to Josephson (2005), improper medication administration can double the risk of the patient from dying due to the complications brought by the misadministration of the drug (p. 53-54). IOM reports state that medication errors approximately cause 44,000 to 98,000 deaths annually with liability and health care costs accounting to U. S. $17 to $29 billion each year (Brendle, 2007 p. 146). b. Professional Gate Keeping: Process of Containing the Error Part of the medical team code is to protect the credentials and status of their co-health care providers from external professional threats, which is known as professional gate keeping (Pickering and Thompson, 2001 p. 156-157). According to Timby (2008), after committing a misadministration of medication, the nurse immediately files the incident using the incident sheets or accident form to document the incident; however, this document is not made available via the patient’s permanent record or chart documentation as a form of professional gate keeping (p. 775). Medication errors are filed using this reports to formally endorse the facts of the incident to either the physician or nursing manager. According to Roe (2002), once the incident report has been submitted, the nurse responsible for the mistake must document the interventions done (e. g. administration of antidote, etc. ), individual responsible for the counter intervention and time and date (p. 6). The incident report and the exact details of the mistake are not documented in the patient chart to protect the practitioner from legal suit (Timby, 2008 p. 775). Even if the documentation of the incident is ethically compromised based on the principle of veracity, the health care team ensures the reversal and cure of any possible complications dealt by the misadministration of the drug. According to Williams (2008), it is always important to perform timely and accurate documentation in order to prevent the misadministration of any medication. Training nursing staffs on the different error-preventive systems have become crucial to the management of the workforce. Capriotti has emphasized the need for periodical review and update of medication calculations as preventive tasks against medication errors. According to Davis (2008), an e-learning system was designed to facilitate individualized training and learning packages involving the controlling, storage, administration, wastage and disposal of medicines. c. Ethical Principle of Veracity Based on the principle of veracity, the nurse is also obliged to keep the patient informed on all the events associated to his or her health care regimen. According to Boyd (2007), the ethics of veracity mandates the health care provider to tell the patient all truths concerning his or her health care process (p. 169). Despite the legal and professional risks of disclosing the mistake committed by the nurse, the ethics of veracity demands the disclosure of information to the patient and other involved members of the health care team (Bosek and Savage, 2007 p. 376). According to Lipe and Beasley (2003), the principle of veracity demands the disclosure of information either by the designated nursing head or physician involved in the patient care regimen (p. 232). However, if the institution adheres to the ethical principle of veracity, another principle of health care professionalism –gate keeping- becomes compromised. According to Bosek and Savage (2007), the nurse must immediately report the incident to the nursing leader due to three most important rationales, specifically (a) the nursing leader has an ethical commitment to benefit the nurse staffs, (b) nursing leaders are tasked to protect the patients assigned in their corresponding department, and (c) nursing leaders require the filing of incident reports to better evaluate the performances of their nursing workforce (p. 376). In the study of Luk, Ng and Ko et al. , K. (2008), health care authorities are likely to comfort, understand and support their staffs following the disclosure of incident, which consequently removes any existing professional barrier for gate keeping. However, the principle of veracity still disapproves the non-disclosure of error to the patient. III. Discussion In synthesis of the discussion, medication errors can cause a life threatening harm to the patient. If the health care provider do not immediately notify or disclose the truth of the actual accident to the appropriate personnel – nursing leaders, physicians, the patient may suffer from the complications of the drug misadministration (Roe, 2002 p. 6). On the other hand, if the health care provider discloses the information to the health care authorities involved, the professional and competency evaluations of the nurse concerned may become affected (Yeo and Moorhouse, 1996 p. 295). Nonetheless, the nurse satisfies the principle of veracity by telling the truth of the situation to the health care authorities filing, which aims at providing the best interest for the patient. However, such act fails to satisfy veracity on the part of the patient since the incident report remains undocumented on the patient chart and permanent records (Bosek and Savage, 2007 p. 376). Furthermore, the concerned practitioner does not inform the patient about the misadministration, despite the counter procedures done to alleviate the possible complications of medication error. Lastly, if the practitioner discloses the information to both patient and health care authorities, the nurse may be able to satisfy the principle of veracity but the patient is likely to file a suit for malpractice or professional incompetence. In all the three situations presented, the best option for the nurse is to direct the accident to the higher authorities by following the standard protocol of filing an incident report. Next, the nurse must monitor the patient for possible reactions from the drug misadministration, while ensuring the immediate administration of interventions countering any possible side effects of the drug misadministration (Roberts and Hoop, 2008 p. 104). Considering the best interests for both patient and nurse, it is more practical to keep the incident from the permanent medical records for the protection of the health care provider under gate keeping (Pickering and Thompson, 2001 p. 156-157). Despite the professional benefit of gate keeping, non-disclosure of the information directly to the patient may erode the patient-provider trust relationships and dramatically cause an impact to the institution’s quality of care. As supported by the study of Schulmeister (2008), the safety measures (e. g. patient identification schemes, bar code scans, etc. ) aimed at preventing these errors only reduce the incidence of errors but cannot entirely eliminate medication errors. In fact, from January 2000 until December 2005, MEDMARX pharmaceuticals recorded 2,783 errors associated to barcode verification system (Schulmeister,2008). According to MEDMARX, wrong administration of medications commonly resulted to allergic responses manifesting rashes, swelling, itching, wheezing and pulmonary distresses (Beyea and Hicks, 2003). Nonetheless, the jurisdiction of disclosure largely depends on the health care authorities and, as long as the incident has a minor impact on the patient, the disclosure of information must still follow the principle of gate keeping. Meanwhile, appropriate interventions must be done to the patient ensuring the safety and countering of drug side effects. IV. Summary In conclusion, medication errors are likely to occur within the health care setting. An immediate action is considered vital to the prevention of any potential life threatening risk. The nurse attending to the medication needs of the patients must be well aware of the ethical principles of gate keeping and veracity in deciding the most appropriate and practical decision to perform. These principles justify the reason for filing an incident report than directly informing the patient regarding the incident. Even though veracity fails to be applied to the patient, the nurse can still immediately disclose the information to the higher authorities of the health care team preventing further the harm on the part of the patient. In the end of the conflict, it is already the jurisdiction of the provider or institution whether to conform in the principle of gate keeping or perform according to the ethical right of veracity. References Beyea, S. C. , Hicks, R. W. (2003, September). Oops the Patient is Allergic to that Medication. Patient Safety First, 77, 650-654. Bosek, M. , Savage, T. (2007). The Ethical Component of Nursing Education: Integrating Ethics Into Clinical Experience. New York, U. S. A: Lippincott Williams Wilkins. Boyd, M. (2007). Psychiatric Nursing: Contemporary Practice. New York, U. S. A: Lippincott Williams Wilkins. Brendle, L. (2007). Best Practices: Evidence-based Nursing Procedures. New York, U. S. A: Lippincott Williams Wilkins. Capriotti, T. (2004, February). Basic Concepts to Prevent Medication Errors. MEDSURG Nursing, 13, 21-65. Davis, C. (2008, September). A spoonful of training. Nursing Standard, 23, 20-21. Josephson, D. L. (2005). Intravenous Infusion Therapy for Nurses: Principles Practice. London, New York: Cengage Learning. Luk, L. , Ng, W. , Ko et al. , K. (2008, June). Nursing Management of Medication Errors. Nursing Ethics, 15, 28-39. Lipe, S. K. , Beasley, S. (2003). Critical Thinking in Nursing: A Cognitive Skills Workbook. New York, U. S. A: Lippincott Williams Wilkins. Pickering, S. , Thompson, J. (2003). Clinical Governance and Best Value: Meeting the Modernisation Agenda. New York, U. S. A: Elsevier Health Sciences. Roberts, L. , Hoop, J. (2008). Professionalism and Ethics: Q and A Self-Study Guide for Mental Health Professionals. New York, U. S. A: American Psychiatric Pub. Roe, S. (2002). Delmars Clinical Nursing Skills Concepts. London, New York: Cengage Learning. Schulmeister, L. (2008, June). Patient Misidentification in Oncology Care. Clinical Journal of Oncology Nursing, 12, 495-498. Timby, B. (2008). Fundamental Nursing Skills and Concepts. New York, U. S. A: Lippincott Williams Wilkins. White, L. (2000). Foundations of Nursing: Caring for the Whole Person. London, New York: Cengage Learning. Williams, L. (2008, June). Was the medication given?. Long-Term Living, 57, 53-55. Yeo, M. , Moorhouse, A. (1996). Concepts and Cases in Nursing Ethics. New York, U. S. A: Broadview Press.

Love is in the Air †How the World Gets Ready for Romance

Love is in the Air – How the World Gets Ready for Romance Love is In the Air: How the World Gets Into the Romantic Mood Valentine’s Day is almost here. Florists tell us that this is the biggest sales day they have all year. Candy stores stock up for their big sale day too. And jewelry stores start advertising on TV, social media, and anywhere else they can find a spot. More couples get engaged on Valentine’s Day than any other day of the year. Even though Valentine’s Day has some dark history in its beginning, no one cares. It’s the day that love is celebrated. Go, how do we get ready for romance? Here are a few ways. If you haven’t tried them, now is the time to experiment. Rent Some Movies A few days before the big day, begin to watch some romantic movies with your significant other. Some great options are: â€Å"Sleepless in Seattle† – two strangers, one little boy – it’s a match â€Å"Titanic† – tragic, but oh the love â€Å"Pretty Woman† – people from very different backgrounds can still fall in love â€Å"Ghost† – another tragic love story, but love is still eternal â€Å"The Notebook† – forbidden love can triumph One a night for 5 nights before Valentine’s Day should do the trick. Download Your Favorite Romantic Songs Play these often in the days leading up to Valentine’s Day. The mood just gets more and more romantic. Here are a few suggestions: â€Å"Let’s Get it On† – Marvin Gaye â€Å"50 Candles† – Boyz II Men â€Å"Crash Into Me† – Dave Matthews Band â€Å"Just Because† – Johnny Mathis â€Å"Fly Me to the Moon† – Julie London â€Å"The Longer We Make Love† – Barry White You probably have others that are your favorites. The criteria is that they make you feel romantic and ready for love. A Romantic Dinner It doesn’t have to be at a restaurant. Candles, low lighting, a favorite meal, and lots of wine – a definite recipe for romance Dress Nothing gets romance going better than some totally sexy outfits – buy a few and sport them just before the big day. Save the best for that romantic dinner. Poetry Think ahead on this one. If you don’t feel creative but want to show thought and effort, contact a custom writing service and have one of their creatives craft the perfect poem. You can personalize it by giving your writer details about your love. Flowers Of course, red roses are the flower of choice on Valentine’s Day. Sending them to a woman at her place of work is particularly smart, because then she can show to everyone else how much she is loved by her man and how thoughtful he is. Valentine’s Day Around the World Japan: Role reversal is the â€Å"rule.† This is the day that women shower their men with gifts – usually chocolate. This tradition also exists in S. Korea and Taiwan. But there is also a â€Å"White Day later on when the roles are reversed. Denmark and Norway: Valentine’s Day has only recently begun to be celebrated in these two countries, but it is celebrated by men writing short little poems to women anonymously. If the woman guesses the name of the send, he must then give her an Easter egg on Easter. If she fails, she has to give him an egg on Easter. Wales: In Wales, a man shows his love for a woman by presenting her with a spoon. This goes way back to when men were gone to sea for long periods of time and spent their free time carving intricate spoons from wood and presenting them to their love upon their return. In America we have roses; in Wales are the spoons! A national day of love is a good thing. And it doesn’t have to just be between man and woman. It is a great day for parents and children to show their love for one another too.

How to Build the Best Editorial Style Guide in 10 Steps (Template)

How to Build the Best Editorial Style Guide in 10 Steps (Template) As a marketer, creating content that converts readers into customers is key to a successful content strategy. However, if your team has multiple writers, it can be tough to enforce content consistency and  brand standards. This is especially true for team members who have to write content, but arent writers by trade. So, how do you maintain a consistent voice across all the content your company creates? The answer starts with a strong editorial style guide.   Theyre the holy grail of writers guidelines, making it easy for everyone to understand your organizations voice, style, and tone. They also answer questions around formatting, appropriate usage of branded terms, and more. When every writer on your team is equipped with one, theyll be prepared to execute content that better reinforces your brand. In this post, youll learn everything you need to know about creating one that work. Table of Contents: Free Template Definition Examples Why Should Marketers Use Style Guides? Step 1. Start With the AP Style Guide Step 2. Create Guidelines For Voice, Tense, and Point of View Step 3. Translate Jargon Into Customer-Friendly Language Step 4. Explain Best Practices for Different Formats and Content Types Step 5. Identify How Branded Terms Must Be Spelled and Formatted Step 6. Define Your Brand Voice and Tone Step 7. Establish Standards of Performance Step 8. Establish Formatting Guidelines Step 9. Set Photo Guidelines Step 10. Define Guidelines for Visual Design Elements What Is ?: is the best editorial calendar platform to keep content marketing teams organized. Curious how we can help your team plan, publish, and measure content more effectively? Start here. Download Your Style Guide Template One reason companies dont bother creating style guides is because they take time. Eliminate that excuse with this free template. Download it now, then use this post to learn how to complete each section. By the time youre done, youll have a complete copy you can share with your organization.This Is How To Create A Style Guide Your Team Will Actually Use (+Free Template) What is a Content Style Guide, Anyway? For the purposes of this post, here's the definition we'll work with: A content style guide is a  document  that outlines the expectations and brand standards that every piece of content needs to meet. This should describe everything from grammar and spelling to design elements, like proper header use and logo placement. What Does a Style Guide Look Like? If you’re looking for even more information on how to build your style guide, check out the following 15 examples. MailChimp University of North Carolina Spotify Urban Outfitters Buzzfeed Drupal National Geographic Envatotuts+ Epic Content Marketing A List Apart Mozilla Google Developers GitHub Open Table FrontifyWhy Are Style Guides Important For Marketers? Style guides aren’t just for designers. They can help all content creators achieve the following: Understanding your standards of performance. What should every piece you publish include? Keep content consistent. This includes proper usage of branded terms, text formatting, and more. Learn how to write with your brand's voice. Your company should sound like your company, no matter who is writing the content. Above all, they help editors and managers save time reworking writer's content by setting clear expectations up front. Step 1. Consider Following AP Style If you ever took a journalism class, you're probably familiar with AP style. But, did you know there are other style books you can follow, too? Brands, like publishers, often base portions of their style guides on AP style. Consider ordering a copy for your office. Template Action Item: If you choose to use AP Style, drop links to external resources on AP style. Here's one from Purdue OWL, and another from Lake Sumter State College. Step 2. Establish Guidelines for Tense, Voice, and Point of View Even the best writers can use reminders on basic aspects of writing well. For team members who aren't writers by trade, including some general tips can help them avoid mistakes, too. General best practices should center around three writing elements: Tense: Should content be written in past, present, or future tense? Voice: While most writing should be in active voice, is passive voice acceptable for your brand in certain circumstances? Point of View: Should writers use first, second, or third-person perspective when writing as your company? Recommended Reading: How to Create a Marketing Strategy That Will Skyrocket Your Results By 9,360% Understanding When to Use Active Voice  vs. Passive Voice Most content should be written in active voice. However, there are times when passive voice may be preferable. In order to use the correct voice, though, it's important to understand the difference between active and passive voice. (For clarification, this isn't referring to brand voice. That will be touched on later.) Active Voice:  When using active voice, the sentence's subject performs an action. Ex: makes great software. Passive Voice:  When using passive voice, an action is applied retroactively to the subject. Ex: The great software is made by . In the active voice example,  the subject comes first, followed by a verb. This differs from the passive voice example, where  the action comes first, followed by the subject.   Hear the difference? Active voices sounds much more fluid, while passive voice sounds formal. Past vs. Present vs. Future Tense Tenses tell readers when something will occur, or when it happened in the past. There are three tenses, each with four tense subcategories. Present Tense Present tense is an unchanging, repeated, or reoccurring action that exists right now. Present Tense Subcategories: Simple Present: The preferred use of present tense. It uses the least amount of words of all of the other forms, and is best for crafting clear and concise messaging. Present Progressive:  Indicates an action is ongoing that happens at the same time someone writes the statement. Present Perfect: An action that happens at an indefinite time in the past or begins in the past and continues to the present. Present Perfect Progressive: An action that begins in the past, continues to the present and may continue into the future. Past Tense Past tense expresses an action that starts and ends at a previous point in time. Past Tense Subcategories: Simple Past:   This is the preferred use of past tense. Like simple present tense, it is the least wordy of all the past tense sub-categories and is preferred because of its ability to be clear and concise. Past Progressive: An ongoing action that happens in the past at the same time as another action. Past Perfect: An action that happens in the past before another past action. Past Perfect Progressive: An action that begins in the past and ends before another action occurs. Future Tense Future tense expresses an action that occurs in the future. It is recommended that writers avoid writing in this style when they create content for potential customers. Future Tense Subcategories: Simple Future: As with the other two tenses, simple future is the preferred use of the tense as it is the least wordy and can be the most concise. Future Progressive: Indicates an ongoing action that happens in the future. Future Perfect: An action that happens in the future before another future action. Future Perfect Progressive: A future ongoing action that begins in the future before another future action. Point of View Point of view refers to the perspective the author assumes when writing. The Three Points of View: First Person: The speaker refers to themselves/itself. Ex: I get organized with . Second Person: The speaker addresses the reader directly. Ex: You can get organized with . Third Person/em: The speaker refers to a person, place, thing, or idea. Ex: helps marketers get organized. Template Action Item: Under the General Writing Best Practices header record the following information: Decide whether you will write in active or passive voice.  Explain when (or if) using active or passive voice is acceptable in your content. Teach writers how to choose between tenses. Show examples of different tenses and when to use each one. Choose a POV. Choose your POV and explain why content should be written in that POV. Include example text.Step 3. Translate Jargon Into Customer-Friendly Language Next, your style guide should explain how to translate jargon into conversational language customers will understand. Every company and industry uses some type of jargon. This could include acronyms, shorthand that refers to products, or terms you use internally (that most people wouldn't understand out of context). List common pieces of jargon and internal language, and offer better alternatives to use in content and copy instead. For example, a hybrid car manufacturer might use the term, "advanced technology-partial zero emission vehicle". What a mouthful, right? A car shopper might better understand "hybrid car" or "natural gas engine." Template Action Item:  Underneath The Internal Jargon Translations header: Record each piece of jargon that comes up in your customer-facing content on the left-hand side of the chart. Record the customer friendly translation of said jargon on the right-hand side of the chart. Add rows based on the number of terms that your writers will frequently come across. Step 4. Explain Writing Best Practices for Different Formats and Content Types The next piece of your style guide revolves around choosing and outlining expectations for the types of content your marketing team will create. There are many different types of content that you can choose to create. Some common content types include: Blog Posts Case Studies Infographics Podcasts Video Scripts Social Posts Website Content Email Now, you may have different style standards for different types of content. For example, social media posts would likely follow different best practices than video scripts. Take a look at MailChimp's style guide. They offer specific writing recommendations for numerous different channels and content types: Follow their lead with your own style guide. Include each type of content your team creates. Step 5. Identify How Branded Terms Must Be Spelled and Formatted Another section of your style guide should identify brand names, trademarks, and so forth that must be spelled a specific way every single time it is mentioned. Sometimes, this may have legal ramifications, like when you're using trademarked terms. Take a look at this example from Microsoft.com: Note that both Intel and Core feature different legal trademark symbols. Failure to get these right could result in a letter from Intel's lawyers. Here's another example from the same page: Note that PixelSense is written not only with a trademark symbol, but with a capital S. This is likely a branding consideration the company wants to keep consistent. If you have any branded terms that need to be spelled or formatted a certain way, whether for legal or stylistic reasons, document them in your style guide. Template Action Item: Under the Brand Terminology header, record each branded term your content uses in the chart in your template. If your company has a large number of products, consider including only those that writers will need to reference most often. Step 6. Define Your Brand Voice and Tone The next part of your style guide should explain the voice, tone, and style that your branded content should take. What is Brand Voice? Brand voice is the purposeful and consistent personification, or characterization of a brand often expressed through words, tone, and culture. As a marketer, it’s important to bring across this voice at all times, whether that be through content or any other media form. You may already have your brand voice figure out, but if you don’t try a brainstorming session with the following framework: We are [insert desired perception], but we are not [insert antonym of desired perception]. For example, if we were doing a brand voice session for a major software company, it might look something like: We are professional but not stuffy. We are smart but not arrogant. We are technology savvy but not inaccessible. Repeat this process 15 to 20 times. Then, choose four or five pairings that best fit your brand voice, and record them in your template.

What is strategic-asset-seeking and does it help explain why Chinese Essay - 1

What is strategic-asset-seeking and does it help explain why Chinese business groups internationalise their operations - Essay Example Inward FDI also resulted in massive foreign exchange reserves, which was also a reason for Chinese companies to move overseas (Andersson and Wang, 2011). However, these push factors do not explain the true motives for the Chinese firms to internationalize. Earlier the theories of internationalization focused on the eclectic paradigm developed by Dunning and the Uppsala Model of internationalization. Firms then believed in new theories of trade such as market-seeking or resources-seeking motive (Liu and Buck, 2009) to internationalize. Today â€Å"going out† is the name that China calls its strategy of ODI (The Economist, 2012). The motivation to go out could range from market-seeking strategy to avoidance of country-of-origin effect (Salidjanova, 2011) and is not restricted to strategic-asset seeking motives. In short, China invests in any business where it serves China’s interest, according to Salidjanova (2011). Based on the theories of internationalization, this paper seeks to evaluate the motives for Chinese firms to move overseas. Chinese outward FDI (ODI) gained impetus in 2004 and by 2010 it ranked 5th among all economies in terms of outward FDI flows (UNCTAD, 2011). From 2004 to 2011 it grew from $5.5 billion a year to $65 billion a year and is expected to reach $150 billion by 2015 (The Economist, 2012). This significant jump in ODI is shown in the chart below. Initially the ODI from China was in neighbouring developing nations requiring limited resources (Liu and Buck, 2009). The pull factors that induced ODI from China were natural resource endowments and market potential (Biggeri and Sanfilippo, 2009). The largest ODIs came from Chinese state-owned enterprises (SOEs) such as China Petroleum & Chemical Corporation (SINOPEC) and China National Petroleum Corporation (CNPC) (Andersson and Wang, 2011). An empirical study of

Quality management (Shell company) Assignment Example | Topics and Well Written Essays - 3250 words

Quality management (Shell company) - Assignment Example 321). It is necessary for managers to think of an integrated management system which encompasses the elements of quality management (QMS), environmental management (EMS), and health and safety management (OHSMS). Since an integrated management system can involve different facets of corporate management, it is vital to identify the different aspects associated with it. In order to implement an IMS in the Shell oil company, it is better adopt a five-phase implementation process which includes phases such as preparation, planning, implementation, monitoring, review and certification. During the initial phases, an effective, quality policy and environment policy must be developed to give the implementation process a clear direction. This paper will specifically outline an implementation plan for a new IMS in the Shell Oil Company. Integrated management system Integrated management system can be simply defined as a management system that integrates all systems and operations of an organis ation into an extensive framework, assisting the organisation to operate as a single entity with shared goals and objectives. The integrated management system greatly aids an organisation to become a unified entity and link each function to a single common goal (Pardy & Andrews, 2009, p.107). Evidently, such a centralised system would assist the organisation to improve its overall performance. â€Å"An integrated management system is the most effective way to discharge an organisation’s obligations to its employees, customers, and the wider community†. (Freiberger Forschungshefte, Issue 526. 2008, p.39). In simple words, this system gives stakeholder a clear idea on what the organisation expects from them. Another major feature of integrated management system is that it provides the organisation with a genuinely co-ordinated system instead of mere ‘silos’ (Emea.bsi-global.com). Experts suggest that this management system is greatly helpful for the organisa tion to obtain a clear and comprehensive picture of its all aspects, the way they affect each other, and the associated risk factors. As there is less duplication in an integrated management system, it is easy to implement the new system in the future. Through this technique, the management team is provided with a single structure which would enable them to deliver the organisation’s objectives efficiently and effectively. The potentiality of an integrated management system ranges from managing employee needs to monitoring market competition and maximising resources. The most fascinating feature of this system is that it is relevant to all types of organisations regardless of their nature and size (Driving.myfoxcharlotte.com). Under this approach, two or more management systems are integrated into one cohesive system with a common set of policies, procedures, processes, and documentation. Shell Oil Company Shell Oil Company is the Royal Dutch Shell’s US based subsidiar y, and it is one of the largest oil companies in the world. The US head office is located at Huston in Texas, and nearly 22,000 employees are from the United States. The Shell Oil Company together with its consolidated companies and its share in equity firms is one of the largest oil and natural gas producers, gasoline distributers, natural gas suppliers, and

‘Entrepreneurs’ as Franchisees Essay Example for Free

‘Entrepreneurs’ as Franchisees Essay Franchisors are increasingly having to be more and more selective in the adoption of franchisees with factors such as economic climate and the potential difficulty with growth playing key factors in the decision making process. It is not simply an ability to grow which creates a successful Franchise and nor is it the desire of any franchisor to adopt every potential franchisee. Franchisors are becoming more and more scrutinising as the global economy declines. There is a general understanding within any franchised business, which is that one of the most desired traits of any franchisee is the ability to follow a set design People who buy franchises are not entrepreneurs, and they better know that going in, (Libava, 2012). Throughout, the difficulty of working with entrepreneurial franchisees will be analysed alongside what a Franchisor looks for in an ideal Franchisee in the context of someone seeking to enterprise a franchise; how these differ, how they are similar and what potential benefits or disadvantages this stance may create. The entrepreneurial process requires a great number of identification and opportunist methods in order to obtain the resources for their business and be deemed â€Å"entrepreneurial† (Shane, 2003). The use of these skills will be evaluated in the context of a franchise in order to understand why franchisors prefer not to take on entrepreneurs. Firstly, it is important to understand why franchisors must have certain barriers of entry to their franchise before we can fully question their likeliness to take on entrepreneurs. Franchisees seek to join a Franchise due to the ease of starting a business; Suppliers are already established, store layout is already set, uniforms already designed customers already familiar with the brand and so on. The sole reason this is set out already is because it has been tried and tested (in most cases) over time, and most likely by a number of other Franchisees. Since all the Franchisees have built this brand image up since the off, it is integral to protect this brand image as any impairment to one franchisee could cause the public to â€Å"tar† the whole franchise â€Å"with the same brush†. However, the extent to their high expectations of potential franchisees has a tendency to vary with each scale of franchise. A well-established franchise has a lot to protect and therefore is likely to resist the urge to take on an enterprising franchisee, seeing them as â€Å"high risk†. Alternatively, the opposite can also be said as it is likely to promote the business more with greater levels of feedback, new prospects and innovative ideas (Diebold 1990). From one perspective, there are many reasons why certain franchisors would avoid accepting entrepreneurial Franchisees into their Franchise. Entrepreneurial businessmen and women are often stereotyped as the innovators; someone who pushes the boundaries of the known worlda change agent who is relentless in making things happen and bringing ideas to execution (Entrepreneur.com). This means that their skills best lie in the development of new ideas, improvement of old ways and generally the identification of modern concepts and techniques. In the eyes of a potential franchisor this has many foreboding difficulties should they decide to accept the franchising agreement. Firstly, a franchise is a tried and tested model which has proven to be a mostly profitable and successful enterprise of its own with a large quantity of time, effort and money used to perfect the foundations of the franchise. Therefore should a franchisee wish to try and change these perfected techniques, not only does it risk the chance of failure and therefore damaging the brand as a whole, but also the arrogant â€Å"I know better† attitude contradicts the very concept of a franchise. Libava defines this concept as using a â€Å"franchise company’s trademarks, systems, signage, software, and other proprietary tools and systems in accordance with the guidelines set forth in the franchise contract† to an â€Å"Identified System† (Libava 2012). Taking on board the enterprising ideas the franchisee puts across would essentially be the franchisor wasting effort and money in the perfecting of their pre-set method. This is especially the case with larger, more established franchises such as Subway and McDonalds, whereby every task is responded to in a set way and is quantified to the smallest factor. An example of this is when changing the uniform at McDonalds in 2012, it cost over  £1.52 million in the UK alone due to the vast number of employees (Weiss 2012). From cleaning the floors to dealing with food complaints, even the smallest change in the franchisors technique requires a great amount of communication and control, but is also a timely and therefore costly exercise. This then reflects the reluctant attitude to established Franchises when considering the great cost and risk involved in the context of someone entrepreneurial. The franchise already has the fine details of the business set into its own convention; entrepreneurial individuals only cause a constant battle with the franchisor due to the desire for change and sometimes, change for change’s sake. However, although in the established franchise context this statement may be true, it is not always the case. Start-up, less established and more innovative franchises are much more likely to be open for suggestion and more interested in taking on entrepreneurs into their franchise. The same can be said for franchises in need of innovation to survive. With everyday names such as HMV and Woolworths going into administration, amplification of a USP and innovation has become a necessary act for survival. Even the slightest differentiation could mean the difference between consumers buying with you or a competitor; Domino’s Pizza is a good example of this. Since the almost-global economic recession of 2008, survival has been integral to any business model, franchise or otherwise. As a result of this, Domino’s has allowed one of its more entrepreneurial franchisee’s to trial and as a result implemented â€Å"Bread Bowl† and â€Å"Pasta† dishes onto their menu with great success (Wilson 2012). The same can be said of WSI, an internet marketing franchise, whereby 90% of the products and services have come from the franchisee’s themselves to â€Å"ensure that [they] are offering the latest and best internet marketing processes to end clients that deliver results† (McArthur 2012). This shows how, it is not only the economic factors that play to a franchisors’ decision making, but also the type of franchise that they are operating. The online marketplace is a raw marketplace where each business is instantly comparable to their competitors and just as easily undercut; therefore, an innovative franchisee is more desirable than the traditional replicable franchisee as they are able to create differentiation potentially more valuable than price. In addition to this, it is also useful to look at the financial success of large and small franchises to gain a better understanding as to why some seek entrepreneurs and others don’t. An â€Å"Innovation vs. Replication† report compared the financial performance of 500 firms varying in size and found that small businesses with business models centred on low levels of replication and high innovation, showed more growth than models with high levels of replication. Additionally, they also found that large businesses with only high levels of innovation and low levels of replication had a lower average financial position (Aspara 2009). This reflects how statistically it would work against the favour of a large franchise to adopt innovative entrepreneurs, whilst also presenting a counter-point portraying enterprising individuals as promoters for growth and financial stability for smaller franchises. This isn’t always the case though, presented in the franchise Krispy Kreme with its â€Å"boom† stage in the early 2000’s. Being a rapidly growing donut franchise it had entrepreneurs from around the world wanting to become part of this international business. However, due to the lack of care when choosing franchisees and with growth as their only concern, issues with proximity caused cannibalising sales as a result of capitalising their own popularity (Morebusiness.com 2010). Pulling these points together, there are many clear reasons why a franchisor would be hesitant to take on an entrepreneur. Taking on a â€Å"If it’s not broke don’t fix it† attitude emphasises the safety in the tried and tested method of replication. Franchises with a set convention are likely to take a â€Å"sure-bet† rather than a â€Å"risk†, due to knowledge that the model works fine the way it is, proven by their own and other franchisees. That is not to say that what works for one franchising model is the same for all (Francis 2010). Both economic and business models play key factors into how enterprising a franchise may or may not choose to be. Some franchises such as WSI rely on entrepreneurial franchisees for the very success of their business and remain an integral part of their franchise model. Within the report of innovation and replication it found that the most financially successful businesses were large scale firms with high levels of innovation and replication (Aspara 2009) showing how there is room for improvement in any business. â€Å"Staying consistent on the core components of your business doesnt mean the products you sell, or even the way you deliver them, have to stay the same† (FranchiseDirect.com) However, replication in a franchise builds the foundations of what has already been industry certified and therefore proven to work. Entrepreneurs are most useful in a franchise when the need for innovation is high, such as start-up franchises and times of economic instability where differentiation is needed to survive. As a franchise grows, the structure becomes more and more rigid and therefore more difficult and less susceptible to change as the cost of doing so outweighs the potential benefits. Perhaps it is the case that most franchisors are less likely to take on an entrepreneur as a franchisee, using their own sources of research and development. However, not every franchise has the capital to operate their own entrepreneurial department and therefore is much more likely to opt for enterprising franchisees to enable their franchise to grow. Reference List Aspara et al, J A, 2009. Innovation vs. Replication. Business model innovation vs. replication: Financial performance implications of strategic emphases. 1, 6,7 Diebold, J. D, 1990. The Innovators: The Discoveries, Inventions, and Breakthroughs of Our Time. 1st ed. New York: Plume. Entrepreneur.com 2013. Innovators | Entrepreneur.com. 2013. [ONLINE] Available at: http://www.entrepreneur.com/innovators/index.html. [Accessed 24 January 2013]. Francis K.A. Demand Media. 2010. Innovation Vs. Replication in Franchises. [ONLINE] Available at: http://smallbusiness.chron.com/innovation-vs-replication-franchises-198.html. [Accessed 23 January 13]. Libava 2012, The Top Traits of Successful Franchise Owners | Entrepreneur.com. 2013. [ONLINE] Available at: http://www.entrepreneur.com/article/224016. [Accessed 23 January 2013]. Also see Definition Of A Franchise. 2013 [ONLINE] Available at: http://www.thefranchiseking.com/definition-of-a-franchise. [Accessed 24 January 2013] McArthur, R M, 2012. President of WSI Internet Marketing Franchise. Can Franchising and Innovation Go Hand in Hand? (See Wilson 2012) MoreBusiness.com. 2013 . Learning from the Franchising Mistakes of Failed Krispy Kreme | MoreBusiness.com. [ONLINE] Available at: http://www.morebusiness.com/franchise-risks. [Accessed 23 January 2013]. Shane, S.A , 2003. A General Theory Of Entrepreneurship: The

Essay example --

The Rise, the Fall, and the Climbing: The Native American Experience Education: â€Å"the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself or others intellectually for mature life.† Such a term has different applications to various societies and cultures. The typical ego-centric viewpoint of Western education: textbooks, institutions, curriculums, and degrees overshadow the broader sense of this definition. Education captures a wider lens of more than just standardized test scores and the classroom; but interwoven tapestries of ancestral roots, cultural heritage awareness, and life lessons well-learned and passed on to the next generation of Native American boys and girls. To begin with, the branding of ‘gender inequality’ was inapplicable to men and women in various Aboriginal tribes. In fact, they could be described as a kinship with mutual contribution and expectance. Men were responsible for hunting and defense; therefore they were public representatives of their tribes. Women, on the other hand, functioned as the ‘backbone’ of the community, owning the family’s housing and household goods, farming and gathering of foodstuffs, and even serving as members of the counsel in political matters. Such opportunities and skills were passed down to their offspring, who would be raised as productive members in their collectivist society with a strong cultural heritage and confidence in their identity that promised self-efficacy among the sexes. This leads us to the most important role that both genders shared: instruction and education. Again, setting aside our own view of education, both men and women served as ‘teachers’, or storytellers; orally... ...ircle and there's nothing you can do about it† (Alexie 163). The reused books, the recycled mentality-it is all a harsh cycle that most Native Americans at present feel â€Å"there’s nothing you can do about it.† Taking a retrospective look into the differences in females and males, we find that women have proven to be leaders, both before and after assimilation. But even at present, Native American women are the high-profiled victims of physical and sexual abuse, addiction, and pregnancies. Yet, they fuel their hope and future through education: adopting the Western view and reconnecting with their own cultural foundation. Men, also in the frame of Alexie, struggle among the disparaging HUD homes, the painfully accessible bottle, and failure, but if there is a word that will conclude the rise, the fall, and the climbing of the Native Americans, resiliency is the word.

Reardon v. U.S. Essay

Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980,  § 107(l ), as amended, 42 U.S.C.A.  § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed a notice of lien on the property for the amount spent. See 42 U.S.C.  § 9607(l ). The Reardons sued to have the notice of lien removed, arguing that they were not liable for the cleanup costs, that the lien was  overextensive in that it covered parcels not involved in the clean-up, and that the filing of the lien notice without a hearing deprived them of property without due process. The district court, in Reardon v. United States, 731 F.Supp. 558 (D.Mass.1990), decided that it did not have jurisdiction to hear the Reardons’ two statutory claims. It ruled that although jurisdiction existed to hear the constitutional claim, the filing of a lien did not amount to a taking of a significant property interest protected by the due process clause. It therefore denied the Reardons’ motion for a preliminary injunction, and dismissed their complaint. The Reardons appealed and a panel of this court ruled in their favor on statutory grounds. Reardon v. United States, 922 F.2d 28 (1st Cir.1990) (withdrawn). We now consider the appeal en banc. After closely considering applicable law, including most notably the recent case of Connecticut v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), we conclude that the district court correctly decided that it did not have jurisdiction to consider the Reardons’ statutory claims, but we find that the CERCLA lien provisions do violate the fifth amendment due process clause. I. BACKGROUND A. Facts. In 1979, Paul and John Reardon purchased a 16-acre parcel in Norwood, Massachusetts, adjacent to an electric equipment manufacturing plant site *1511 known as the â€Å"Grant Gear† site, and named it â€Å"Kerry Place.† In 1983, the Massachusetts Department of Environmental Quality Engineering, responding to a report of a nearby resident, tested soil samples from both properties and discovered extremely high levels of polychlorinated biphenyls (â€Å"PCBs†) on the Grant Gear site and on Kerry Place where it bordered Grant Gear. EPA then investigated the site. Finding the same high levels of PCBs, it authorized an immediate clean-up of the contaminated areas. Between June 25 and August 1, 1983, EPA removed 518 tons of contaminated soil from the two properties. It then notified the Reardons that it had removed all soil with concentrations of PCBs known to be above the safe limit, but informed them that additional areas of contamination might exist, in whi ch case EPA might undertake additional clean-up work. In 1984, the Reardons subdivided Kerry Place into a number of parcels; they sold five of those parcels and retained ownership of the others. In October 1985, EPA notified the Reardons that, as current owners of Kerry Place, they might be liable under  §Ã‚ § 106  and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (â€Å"CERCLA†), 42 U.S.C.  §Ã‚ § 9606 & 9607, along with ten other present and prior owners of the properties, for the clean-up costs. In August 1987, EPA again investigated the properties to assess the feasibility of a long-term remedy for any remaining contamination. New testing showed that soil in several areas on Kerry Place was still contaminated with PCBs. In April 1988, EPA informed the Reardons of these results. The Reardons told EPA that they intended to clean up their property themselves. EPA advised the Reardons to coordinate any offsite disposal plans with EPA and to obtain EPA’s approval of a treatment or disposal facility. In January 1989, the Reardons informed EPA that they had completed their own clean-up of Kerry Place, without having attempted coordination with or sought the approval of EPA. On March 23, 1989, EPA filed a notice of lien with the Norfolk County Registry of Deeds pursuant to  § 107(l ) of CERCLA, 42 U.S.C.  § 9607(l ), on all of the Kerry Place parcels still owned by the Reardons. The lien was for an unspecified amount, as it secured payment of â€Å"all costs and damages covered by† 42 U.S.C.  § 9607(l ) for which the Reardons were liable under  § 107(a) of CERCLA, 42 U.S.C.  § 9607(a). Five days later, EPA notified the Reardons that it had filed the notice of lien. On July 12, 1989, EPA informed the Reardons that they could settle EPA’s claims against them for $336,709, but noted that this amount did not limit the Reardons’ potential liability. On September 29, 1989, EPA selected a long-term remedy for the Kerry Place and Grant Gear sites estimated to cost $16,100,000. B. Procedural History. The Reardons filed a complaint and a motion for preliminary injunction in the United States District Court for the District of Massachusetts. They argued that they were entitled to have the notice of lien removed for three reasons. First, the Reardons maintained that they qualified as â€Å"innocent landowners† under  § 107(b) of CERCLA, 42 U.S.C.  § 9607(b), and therefore were not liable for any clean-up costs. Second, 42 U.S.C.  § 9607(l ) provides for a lien on only that property â€Å"subject to or affected by a removal or remedial action,† 42 U.S.C.  § 9607(l )(1)(B); the Reardons claim that since some of their Kerry Place parcels were not â€Å"subject to or affected by† the clean-up, EPA erred in filing a notice of lien covering all of those parcels. Third, they asserted that EPA’s imposition of the lien without a hearing violated the due process clause of  the fifth amendment to the United States Constitution. The district court held that  § 113(h) of CERCLA, 42 U.S.C.  § 9613(h), divested it of jurisdiction to hear the Reardons’ â€Å"innocent landowner† and â€Å"overbroad lien† claims. It found that the same section also purported to divest it of jurisdiction to hear the due process claim, but held that Congress was without power to place such a limitation on its jurisdiction. Turning to the merits of the due process claim, the *1512 district court held that the lien imposed by  § 107(l ) did not amount to a taking of a â€Å"significant property interest† protected by the due process clause. The court therefore denied the motion for a preliminary injunction and dismissed the complaint. The Reardons appealed, and a panel of this court found in their favor. The panel opinion construed  § 9613(h) so as to permit judicial review of the statutory challenges to the lien, and did not reach the due process issue. In response to EPA’s petition for rehearing, however, a majority of the court voted to grant a rehearing en banc. Although the court en banc finds for the plaintiffs, as did the panel, we do so on constitutional rather than statutory grounds. II. JURISDICTION [1] We turn first to the question of jurisdiction. The district court, as we have noted, held that 42 U.S.C.  § 9613(h) purported to divest it of jurisdiction over all three of the Reardons’ claims. We agree that  § 9613(h) bars review of the â€Å"innocent landowner† and â€Å"overbroad lien† claims, prior to the commencement of an enforcement or recovery action, but we conclude that this section does not bar review of the due process claim. Section 9613(h), entitled â€Å"Timing of review,† explicitly limits the jurisdiction of the federal courts to hear certain cases arising under CERCLA. The section states, in part: No federal court shall have jurisdiction under Federal law †¦ to review any challenges to removal or remedial action selected under section 9604 of this title, or to review any order issued under section 9606(a) of this title, in any action except one of the following: [listing 5 enumerated types of actions] 42 U.S.C.  § 9613(h). The five exceptions to the jurisdictional bar are all actions filed by the government or by a private citizen seeking to enforce or recover costs for the enforcement of CERCLA; for this reason, the district court described  § 9613(h) as barring â€Å"judicial review of EPA actions prior to the time that the EPA or a third  party undertakes a legal action to enforce an order or to seek recovery of costs for the cleanup of a hazardous waste site.† Reardon v. United States, 731 F.Supp. at 564 n. 8. As a convenient shorthand, we will say that  § 9613(h) bars â€Å"pre-enforcement review† of certain claims. The district court framed the question of jurisdiction as whether the filing of a lien constituted a â€Å"removal or remedial action selected under section 9604 of this title.† As the district court noted, the terms â€Å"removal† and â€Å"remedial action† are defined terms under the CERCLA statute. 42 U.S.C.  §Ã‚ § 9601(23), (24). Another C ERCLA provision says that these terms â€Å"include enforcement activities related thereto.† 42 U.S.C.  § 9601(25) (emphasis added). The court found that placing a lien on property from which hazardous substances had been removed was a type of enforcement activity. It therefore concluded that any challenge the Reardons could make, whether statutory or constitutional, was a â€Å"challenge[ ] to [a] removal or remedial action† over which Congress intended it not to have jurisdiction unless and until EPA brought an enforcement action. Reardon v. United States, 731 F.Supp. at 569. A. Jurisdiction over the â€Å"innocent landowner† and â€Å"overbroad lien† claims. We agree with the district court that filing a lien notice is a type of â€Å"enforcement activity† related to a removal or remedial action. And we agree that  § 9613(h) bars the federal courts from hearing pre-enforcement challenges to the merits of any particular lien–challenges, for example, to the liability which a lien secures, or to the conformity of that lien to the CERCLA lien provisions. Several considerations l ead to these conclusions. First, we think that the language of the statute, read for its ordinary meaning, supports such an interpretation. Central to the entire CERCLA scheme is a provision that makes certain parties liable for the cost of removal and remedial actions. See 42 U.S.C.  § 9607(a). When the government files a lien on property to secure payment of that liability, it can reasonably be described as seeking to enforce the liability *1513 provision. Thus, the activity of filing liens is, in ordinary language, an â€Å"enforcement activity.† Second, we believe that allowing challenges to the merits of particular liens would defeat some of the purposes of barring pre-enforcement review under  § 9613(h). Congress was no doubt concerned, first and foremost, that clean-up of substances that endanger public health would be delayed if EPA were forced to litigate each detail of its removal  and remedial plans before implementing them. Thus, the Senate Judiciary Committee Report stated that  § 9613(h) barred pre-enforcement review because such review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre-enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlement and voluntary cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985). As long as the remedy upon review of a lien was limited to the invalidation or modification of the lien, of course, such review would not directly delay clean-up of hazardous substances. However, we do not believe that avoiding delay was the only purpose of postponing review. As the Fifth Circuit stated in a similar case: Although review in the case at hand would not delay actual cleanup of hazardous wastes, it would force the EPA–against the wishes of Congress–to engage in â€Å"piecemeal† litigation and use its resources to protect its rights to recover from any [potentially responsible party] filing such a[n] action. . . . . . Moreover, the crazy-quilt litigation that could result from allowing [potentially responsible parties] to file declaratory judgment actions prior to the initiation of government cost recovery actions could force the EPA to confront inconsistent results. Voluntary Purchasing Groups, Inc. v. Reilly, 889 F.2d 1380, 1390 (5th Cir.1989). The same practical considerations weigh against allowing pre-enforcement review in this case. And we add to these reasons one more: information needed to decide legal challenges to liens may not be available at the time such challenges are made. To decide, for example, the Reardons’ claim that they are innocent landowners, a court must determine whether the contamination pre-dated their ownership; whether they had any knowledge or reason to know of the contamination; whether they had exercised due care with respect to the hazardous substances; and whether they took precautions to prevent releases by foreseeable acts of third parties. See 42 U.S.C.  § 9607(a), (b)(3), EPA Supplemental Brief, at 16-17 (stressing complexity of resolving innocent landowner claim). Notices of liens are likely to be filed early in the history of a response action–shortly after EPA has begun to spend money on waste removal and the  landowner has been notified of potential responsibility. See 42 U.S.C.  § 9607(l ) (providing for creation and filing of liens). At that point, EPA is likely not yet to know the full extent of the contamination, let alone when that contamination occurred, or whether it is likely that the owner exercised due care or took reasonable precautions. One purpose of  § 9613(h), we believe, is to delay review until enough is known to decide these issues. Third, legislative history supports the view that  § 9613(h) is intended to bar challenges to liability, such as the Reardons seek to make by attacking the lien filing, as well as challenges to the remedy EPA has chosen. During floor debate on this section, Senator Thurmond, Chairman of the Judiciary Committee, which drafted the section, explained: Citizens, including potentially responsible parties, cannot seek review of the response action or their potential liability for a response action –other than in a suit for contribution–unless the suit falls within one of the categories in this section†¦. 132 Cong.Rec. S14929 (daily ed. Oct. 3, 1986) (emphasis added). Senator Stafford, *1514 Chairman of the Conference Committee, stated: â€Å"When the essence of a lawsuit involves the contesting [of] the liability of the plaintiff for cleanup costs, the courts are to apply the provisions of section 113(h), delaying such challenges until the Government has filed a suit.† 132 Cong.Rec. S14898 (daily ed. Oct. 3, 1986) (emphasis added). It is certainly possible that Congress inadvertently rather than purposefully included lien challenges in the judicial review bar. Congress amended the scope of â€Å"removal† and â€Å"remedial† actions to include â€Å"enforcement activities related thereto† primarily to ensure that EPA could â€Å"recover costs for enforcement actions taken against responsible parties.† H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 66-67, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2848-49; see H.R.Conf.Rep. No. 962, 99th Cong., 2d Sess. 185, reprinted in 1986 U.S.Code Cong. & Admin.News 3276, 3278 (â€Å"This amendment clarifies and confirms that [enforcement activity] costs are recoverable from responsible parties.†). Perhaps Congress did not realize that other provisions referring to removal and remedial actions–such as the judicial review bar–would also be affected. But even if this were so, we do not see how our conclusion is altered. First, as outlined above, reading the statute to bar review of pre- enforcement challenges to liens is consistent with the language and the purpose of the judicial bar. Second, and more importantly,  Congress amended a definitional section, thus changing the meaning of â€Å"removal† and â€Å"remedial† wherever they appear in CERCLA. We cannot give the definition inconsistent readings within the statute. As the above-quoted legislative history makes clear, the 1986 amendment was certainly intended to allow the government to collect attorney’s fees in cost recovery actions. See United States v. Ottati & Goss, 694 F.Supp. 977, 997 (D.N.H.1988) (allowing attorney’s fees to United States under  § 9607(a)(4)(A)), aff’d in part, vacated in part, 900 F.2d 429 (1st Cir.1990). If liens to ensure the government’s complete recovery of its remedial costs are not â€Å"enforcement activities† related to the removal or remedial action–the view suggested by the dissent–then we do not see how a suit to recover the government’s clean up costs is an â€Å"enforcement activit[y]† either. And if â€Å"enforcement activities† in  § 9601(25) is interpreted to exclude the expenses of cost recovery actions, this would have the effect of denying the government significant amounts of attorney’s fees– which was certainly not the intent of Congress. We therefore conclude, as did the district court, that  § 9613(h) precludes judicial review of the imposition of a lien until EPA commences an enforcement action. [2] B. Jurisdiction over the due process claim. Unlike the district court, however, we do not believe that  § 9613(h) precludes federal court jurisdiction over the Reardons’ due process claim. First, such a challenge does not fit into the literal language of  § 9613(h). That section refers to â€Å"challenges to removal or remedial action selected under section 9604 of this title.† Under our reading, it divests federal courts of jurisdiction over challenges to EPA’s administration of the statute–claims that EPA did not â€Å"select[ ] † the proper â€Å"removal or remedial action,† in light of the standards and constraints established by the CERCLA statutes. The Reardons’ due process claim is not a challenge to the way in which EPA is administering the statute; it does not concern the merits of any particular removal or remedial action. Rather, it is a challenge to the CERCLA statute itself–to a statutory scheme under which the government is authorized to file lien notices without any hearing on the validity of the lien. Second, we read  § 9613(h) in light of the Supreme Court’s oft-repeated pronouncement that â€Å"where Congress intends to preclude judicial review of constitutional  claims its intent to do so must be clear.† Webster v. Doe, 486 U.S. 592, 603, 108 S.Ct. 2047, 2053-54, 100 L.Ed.2d 632 (1988); see Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975); *1515 Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974). [FN1] We do not believe that the statute expresses a clear congressional intent to preclude the type of constitutional claim the Reardons are making–a challenge to several statutory provisions which form part of CERCLA. However, it is important to make clear that we are not holding that all constitutional challenges involving CERCLA fall outside the scope of  § 9613(h). A constitutional challenge to EPA administration of the statute may be subject to  § 9613(h)’s strictures. Such a claim may well be a â€Å"challenge[ ] to removal or remedial action selected under section 9604 of this title,† and may thus fall within  § 9613(h)’s bar. We find only that a constitutional challenge to the CERCLA statute is not covered by  § 9613(h). FN1. Of course,  § 9613(h) is styled as a provision that merely delays review, rather than precludes it–indeed, it is titled â€Å"Timing of review.† However, the only available review of the lien notice is in an enforcement action brought by EPA; and the judgment in that enforcement action will render moot the Reardons’ due-process-based request for injunctive relief against the filing of the lien, since it will decide whether or not the Reardons are liable under CERCLA. Hence, the effect of  § 9613(h) is to preclude review altogether. Third, extending jurisdiction to the Reardons’ due process claim does not necessarily run counter to the purposes underlying  § 9613(h). For example, resolution of the due process issue does not require any information that is not likely to be available until clean-up of a site is finished. Because it is a purely legal issue, its resolution in a pre-enforcement proceeding does not have the potential to force EPA to confront inconsistent results (as would a finding, for example, that a particular spill was caused by an act of God). Of course, if we decide that filing a notice of a CERCLA lien without any pre- enforcement review does violate due process, EPA’s collection efforts will no doubt be hampered. However, we do not lightly assume that Congress intended to ease EPA’s path even at the expense of  violating the Constitution. Fourth, although the two courts that have considered this issue have reached a different conclusion, see Barmet Aluminum Corp. v. Re illy, 927 F.2d 289, 293 (6th Cir.1991); South Macomb Disposal Authority v. U.S.E.P.A., 681 F.Supp. 1244, 1249-51 (E.D.Mich.1988), we are unpersuaded by the reasoning of those cases. Our disagreement commences with the phrasing of the issue to be decided. Both courts frame the question as whether  § 9613(h) â€Å"prohibits constitutional as well as statutory challenges until the time pr[e]scribed by the statute.† South Macomb, 681 F.Supp. at 1249-50; see Barmet, 927 F.2d at 292. We think that this question fails to make the distinction we have noted above, see pp. 1514-1515, supra, between two types of constitutional challenges–challenges to EPA’s administration of CERCLA, and challenges to CERCLA itself. Once we recognize this distinction, the reasoning of these two courts becomes less convincing. First, says the South Macomb court, Reading the language of  § 9613(h) for its everyday meaning supports the notion that this subsection prohibits constitutional as well as statutory challenges until the time pr[e]scribed by the statute. The provision explicitly states that federal courts shall not have jurisdiction to review â€Å"any challenge† except for those enumerated. South Macomb, 681 F.Supp. at 1249- 50. But, the statute does not bar â€Å"any challenge,† without qualification; rather, it delays federal court review of â€Å"any challenges to removal or remedial action selected under section 9604 of this title.† 42 U.S.C.  § 9613(h). Because a due process challenge to the CERCLA lien provisions is not, we believe, a challenge to â€Å"removal or remedial action selected under section 9604 of this title,† we do not find that the â€Å"everyday meaning† of  § 9613(h) divests the federal courts of jurisdiction to hear such a challenge. Both the Barmet and South Macomb courts contend that legislative history–House and Senate Reports, and House Judiciary Committee Hearings– suggests that Congress intended  § 9613(h) to bar all pre-enforcement challenges, including all *1516 constitutional challenges. Upon examination, we find these materials unconvincing as well. The Senate Report states, in part: As several courts have noted, the scheme and purposes of CERCLA would be disrupted by affording review of orders or response actions prior to commencement of a government enforcement or cost recovery action. See, e.g., Lone Pine Steering Committee v. EPA, [600 F.Supp. 1487 (D.N.J.1985) ]. These cases  correctly interpret CERCLA with regard to the unavailability of pre-enforcement review. This amendment [ § 9613(h) ] is to expressly recognize that pre-enforcement review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre- enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlements and voluntary cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985). We see nothing in this discussion which would indicate an intent to divest federal courts of jurisdiction to consider a claim that the provisions of CERCLA itself authorize deprivations of property without due process of law. On the contrary, the reference to â€Å"review of orders or response actions† suggests that the writers of the Senate Report focused their concern on the problems that would arise if courts reviewed the merits of particular EPA actions. Both Barmet and South Macomb attach great weight to the Senate Report’s citation â€Å"with approval† of Lone Pine, a case decided before  § 9613(h) was enacted, which they say held that CERCLA did not allow pre- enforcement review even of constitutional challenges. We think there are good reasons to discount this citation. For one thing, the 13-page opinion in Lone Pine contains no discussion of the question whether constitutional challenges to the statute as well as challenges to administrative action are barred; one can only infer that the Lone Pine court held this view from the facts that (1) the plaintiff’s complaint had one constitutional count alongside six statutory counts, and (2) the court dismissed the entire complaint. In fact, Lone Pine cites Aminoil, Inc. v. EPA, 599 F.Supp. 69, 72 (C.D.Cal.1984), the leading case holding that CERCLA did not bar jurisdiction to review constitutional challenges to the statute; and it does so, not to indicate any disagreement with that holding, but simply to agree with its holding that CERCLA does bar pre-enforcement review of administrative orders. See Lone Pine, 600 F.Supp. at 1497. For another thing, the Senate Report does not cite Lone Pine for the proposition that federal courts have no jurisdiction to hear constitutional challenges; rather, it cites it solely as an example of a group of cases, sub silentio holding that review â€Å"of orders or response actions† would disrupt the purposes of CERCLA. We do not see why this should indicate agreement with Lone Pine’s purported holding regarding constitutional challenges,  particularly since cases such as Aminoil would seem to fit just as easily into the group of cases described in the Report. We do not find the House Report any more convincing. The pertinent passage in that Report, according to Barmet and South Macomb, is a statement that â€Å"there is no right of judicial review of the Administrator’s selection and implementation of response actions until after the response action[s] have been completed†¦.† H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 81, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2863. See Barmet, 927 F.2d at 293 (quoting this passage); South Macomb, 681 F.Supp. at 1250 (same). This statement says nothing about judicial review of the CERCLA statute itself. South Macomb also cites testimony of EPA and Justice Department officials during hearings on the bill that contained  § 9613(h). In response to a query from Representative Glickman as to whether EPA and the Justice Department â€Å"might accept some form of accelerated [pre-enforcement] review,† Mr. Habicht, the Assistant Attorney General for Land and Natural Resources, replied: Mr. Chairman, briefly, this issue has been litigated under the 1980 statute *1517 quite extensively, and there have been a number of decisions over the last several months that address the fundamental questions of the constitutionality of the procedures set forth in that law. Virtually across the board now the courts are finding that the scheme is constitutional as currently constituted. Superfund Reauthorization: Judicial and Legal Issues, Hearings before the Subcomm. on Admin. Law and Governmental Relations, H. of Rep. Judiciary Comm., 99th Cong., 1st Sess. at 226 (July 17, 1985); see South Macomb, 681 F.Supp. at 1250 (quoting this passage). The South Macomb court comments: â€Å"Our reading of this exchange is that the EPA and the Department of Justice took the position that because the courts had already upheld the constitutionality of CERCLA, constitutional challenges could also await EPA enforcement actions.† Id. We do not find this passage quite so clear. It would appear to be an expression of hope by EPA and the Department of Justice rather than a statement of congressional intent, particularly in light of the fact that Congress passed a provision,  § 9613(h), that by its language does not bar constitutional challenges to the CERCLA statute. Finally, the Supreme Court recently examined a statute with a judicial review provision not unlike the CERCLA section analyzed here. At issue in McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 111 S.Ct. 888, 112  L.Ed.2d 1005 (1991), was a provision of the Immigration and Nationality Act barring judicial review of a denial of â€Å"Special Agriculture Worker† (â€Å"SAW†) status except in the context of a deportation order. The statute states: â€Å"There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.† 8 U.S.C.  § 1160(e) (as amended by the Immigration Reform and Control Act of 1986). The Court held that this bar did not preclude review of â€Å"general collateral challenges to unconstitutional practices and policies used by the agency in processing applications.† McNary, 111 S.Ct. at 896. Rather, it only barred review of individual denials of SAW status. Id. The statute in McNary resembles the CERCLA provision at issue here in two respects. First, as here, judicial review of an administrative event is withheld until the agency instigates a second, independent proceeding. More significantly, the immigration statute is phrased so as to bar review of the agency’s determination of SAW status in an individual action–an event comparable to EPA’s selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency’s execution of the statute (as in McNary ). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here. See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute). Thus, we conclude that we have jurisdiction to consider the Reardons’ due process claim: that the CERCLA statutory scheme under which liens may be imposed on property without opportunity for a hearing violates the fifth amendment due process clause. III. THE DUE PROCESS CLAIM [4] The Supreme Court has established a two-part analysis of due process challenges to statutes which, like this one, involve property rather than liberty interests. One must first ask whether the statute authorizes the taking of a â€Å"significant property interest† protected by the fifth  amendment. E.g., Fuentes v. Shevin, 407 U.S. 67, 86, 92 S.Ct. 1983, 1997, 32 L.Ed.2d 556 (1972). If there is no significant property interest involved, the inquiry is at an end. If there is, one proceeds to examine what process is due in the particular circumstances. *1518 E.g., id.; Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976). We shall address each issue in turn. A. The Deprivation. The district court, relying primarily on Spielman- Fond, Inc. v. Hanson’s, Inc., 379 F.Supp. 997 (D.Ariz.1973) (three judge panel), aff’d mem., 417 U.S. 901, 94 S.Ct. 2596, 41 L.Ed.2d 208 (1974), found that the filing of a federal lien under 42 U.S.C.  § 96 07(l ) did not amount to a deprivation of a significant property interest; thus, the court did not reach the second step of the analysis. However, a Supreme Court case decided after the district court had issued its decision (indeed, after oral argument at the en banc rehearing of this appeal) has clarified the law in this area considerably, and has precluded continued reliance on the Court’s summary affirmance in Spielman-Fond. In Connecticut v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), a unanimous Court held that a Connecticut attachment statute violated the due process clause. The Court held that the attachment lien on plaintiff Doehr’s real property deprived him of a significant property interest within the meaning of the due process clause. The Court stated: For a property owner like Doehr, attachment ordinarily clouds title; impairs the ability to sell or otherwise alienate the property; taints any credit rating; reduces the chance of obtaining a home equity loan or additional mortgage; and can even place an existing mortgage in technical default where there is an insecurity clause. Doehr, 501 U.S. at —-, 111 S.Ct. at 2113. It concluded that â€Å"even the temporary or partial impairments to property rights that attachments, liens, and similar encumbrances entail are sufficient to merit due process protection.† Id. (emphasis added). And, in a footnote, it disposed of its summary affirmance in Spielman-Fond by noting that â€Å"[a] summary disposition does not enjoy the full precedential value of a case argued on the merits and disposed of by a written opinion.† Id. at —- n. 4, 111 S.Ct. at 2113 n. 4 (citing Edelman v. Jordan, 415 U.S. 651, 671, 94 S.Ct. 1347, 1359-60, 39 L.Ed.2d 662 (1974)). See also id. at —-, 111 S.Ct. at 2113 (Rehnquist, C.J., concurring) (Spielman-Fond should not be read to mean that the imposition of a lien is not a deprivation of a significant interest in property). Whether the response costs were incurred consistently with the national contingency plan is an issue which may be highly factual, but it is usually a matter of the amount, and not the existence, of liability. More likely to be â€Å"highly factual† is the determination whether certain of the owner’s parcels of land are â€Å"subject to or affected by† EPA’s response action. Similarly, on the issue of the landowner’s liability, EPA admits in its brief that the â€Å"concepts of due care, foreseeability, objective and subjective knowledge, some of which are unique in CERCLA to the innocent landowner defense, are extremely fact-intensive.† EPA Supplementary Brief at 16-17. Second, we must consider what procedural safeguards, if any, CERCLA provides against erroneous filing of a lien. a. The right to a judicial hearing. CERCLA provides no such safeguards. It provides for no pre-deprivation proceedings at all–not even the ex parte â€Å"probable cause† hearing judged insufficient in Doehr. See Doehr at —-, 111 S.Ct. at 2108 (describing Connecticut attachment procedure). Nor does CERCLA provide for an immediate post-deprivation hearing. [FN2] The first hearing the property owner is likely to get is at the enforcement proceeding, or cost recovery action, brought by EPA. This action may be brought several years after the notice of lien is filed; it is limited only by a rather complicated statute of  limitations, see 42 U.S.C.  § 9613(g)(2), which gives EPA three years after a removal action is completed or six years after a remedial action is commenced to bring such a suit. The running of the statute of limitations is entirely within EPA’s control. Since the government may take its own sweet time before suing, and since the removal or remedial action may itself take years to complete, the lien may be in place for a considerable time without an opportunity for a hearing. FN2. The Connecticut statute at issue in Doehr provided â€Å"expeditious† post-attachment review, see 501 U.S. at —-, 111 S.Ct. at 2115, but the Court nonetheless found the statute constitutionally deficient. Even under Doehr, though, post-attachment process is not always inadequate. Doehr notes the factors leading to the Court’s  approval, in Mitchell v. W.T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895 (1974), of a sequestration statute with no pre-deprivation review: â€Å"the plaintiff had a vendor’s lien to protect, the risk of error was minimal because the likelihood of recovery involved uncomplicated matters that lent themselves to documentary proof, and plaintiff was required to put up a bond.† Doehr, 501 U.S. at —-, 111 S.Ct. at 2114. â€Å"[M]ere postponement of judicial enquiry is not a denial of due process if the opportunity given for ultimate judicial determination of liability is adequate.† *1520 Phillips v. Commissioner, 283 U.S. 589, 596, 51 S.Ct. 608, 611, 75 L.Ed. 1289 (1931). But the CERCLA statute of limitations on liens throws the â€Å"ultimate judicial determination† so far into the future as to render it inadequate. Indeed, in this respect the CERCLA scheme resembles the replevin statutes in Fuentes v. Shevin, where the Court held that the debtor may not be â€Å"left in limbo to await a hearing that might or might not ‘eventually’ occur.† Mitchell v. W.T. Grant Co., 416 U.S. at 618, 94 S.Ct. at 1905 (discussing Fuentes v. Shevin ). b. Posting of a Bond. The Court has recognized that requiring the filing party to post a bond may provide the property owner important protection against wrongful filing; in Doehr, four members of the Court suggested that due process always requires a plaintiff’s bond in the context of an attachment. See Doehr, 501 U.S. at  Ã¢â‚¬â€-, 111 S.Ct. at 2116 (plurality). CERCLA does not require EPA to post a bond when filing the notice of federal lien. c. Action for damages. In Doehr, the State of Connecticut argued that the availability of a double damages remedy for suits that are commenced without probable cause was an important protection against misuse of the attachment provisions; however, four members of the Court did not find the availability of such a suit to be an adequate procedural safeguard. Four members of the court explained in detail why an action for damages would never prove adequate: The necessity for at least a prompt postattachment hearing is self-evident because the right to be compensated at the end of the case, if the plaintiff loses, for all provable injuries caused by the attachment is inadequate to redress the harm inflicted, harm that could have been avoided had an early hearing been held. An individual with an immediate need or opportunity to sell a property can neither do so, nor otherwise satisfy that need or recreate the opportunity. The same applies to a parent in need of a home equity loan for a child’s education, an entrepreneur seeking to start a business on the strength of an otherwise strong credit rating, or simply a homeowner who might face the disruption of having a mortgage placed in technical default. Doehr, 501 U.S. at —-, 111 S.Ct. at 2118 (plurality).

Human Resource Management Project Essay

Introduction Human Resource Management is defined as the policies, practices and systems that influence an employee’s behaviour, attitude, and performance in the attainment of organizational goals, and it is also a way of management that links people-related activities to the strategy of a business or organization. Now days, the human resource has an important function in the companies or organizations. The human resource provides significant support and advice to line management because many companies consider their human capital as their most important asset. The purpose of this report is to compare and contrast the human resource management between India and Canada. This report will describe the human rights, recruitment, selection, training and development, and health and safety of Indian companies, and research the role of human resource in the recruitment and selection processes of Indian companies, and finally compare and contrast them to Canadian human resources practices. Moreover, this report will also analyze the cultural differences between Canada and India. The report aims to find difference human resource management between Canada and India, and improve the human resource management system of Canada. Role of Human Resources in the Recruiting and Selection Human resource plays an instrumental role in helping their organization achieve its goals of becoming a socially and environmentally responsible firm. In India, there is large-scale unemployment with shortage of skilled labour, hence, the role of HR in recruiting will provide the necessary tools to maintain a positive competitive labour market. Clearly defined role of Human Resources in Recruitment process is very important for measuring the success of the whole Recruitment Process. The overall setting of the HR Role in Recruitment is directly linked to Recruitment Strategy and HR Strategy. [1] Human resource and hiring managers play a highly significant role for setting the correct measures and defining the potential gaps in the whole recruitment process. The role of Human Resources in India is increasing, from making the process working to the real management of HR Processes and the Recruitment Process was the first to manage. The Recruitment Strategy changed – the efficiency and costs to the company were more important.[2] The role of HR in recruiting and selection process in India has following factors: 1) Decides about the design of the recruitment processes and to decide about the split of roles and responsibilities between Human Resources and Hiring Manager 2) Decides about the right profile of the candidate 3) Decides about the sources of candidates 4) Decides about the measures to be monitored to measure the success of the process The role of HR in Recruitment is very important to work on the development of the recruitment and selection process and to make the process very competitive on the market. Good recruitment and selection can make sure the organization has enough advantaged and appropriate employee and managers; in addition to that, it can lead to company work more efficiency. * Recruiting process has following steps: 1. Identify vacancy 2. Prepare job description and person specification 3. Advertising the vacancy 4. Managing the response 5. Short-listing 6. Arrange interviews 7. Conducting interview and decision making * Selection involves the following components: Reception, screening interview, application blank, selection test, selection interview, medical test, reference checks, and hiring decision. Chap: 3 Human Resource practice in India India is being widely recognised as one of the most exciting emerging economics in the world. Besides becoming a global hub of outsourcing, Indian firms are spreading their wings globally through mergers and acquisitions. During the first four months of 1997, Indian companies have bought 34 foreign companies for about U.S. $11 billion dollars. This impressive development has been due to a growth in inputs (capital and labour) as well as factor productivity. By the year 2020, India is expected to add about 250 million to its labour pool at the rate of about 18 million a year, which is more than the entire labour force of Germany. This so called ‘demographic dividend’ has drawn a new interest in the Human Resource concepts and practices in India.[6] In a general, if we look at the history of Human resource practice in recent years, we can see effect on the managerial history of India was to be provided by the British system of corporate organisation for 200 years. Clearly, the socio cultural roots of Indian heritage are diverse and have been drawn from multiple sources including ideas brought from other parts of the old world. In India, the Human resource management practice is in transition face it is learning new ideas from other parts of the world and also with growing population and growing multinational companies coming to India the work culture is continuously improving. One of the noteworthy features of the Indian workplace is demographic uniqueness. It is estimated that both China and India will have a population of 1.45 billion people by 2030; however, India will have a larger workforce than China. Indeed, it is likely India will have 986 million people of working age in 2030, which will probably be about 300 million more than in 2007. And by 2050, it is expected India will have 230 million more workers than China and about 500 million more than the United States of America (U.S.). It may be noted that half of India’s current population of 1.1 billion people are under of 25 years of age.[7] While this fact is a demographic dividend for the economy, it is also a danger sign for the country’s ability to create new jobs at an unprecedented rate. As he has been pointed out by Meredith. [8] Here are some key factors responsible for shift in HRM practice in India [9] Above figure presents the key drivers for contemporary Indian HRM trends. In Figure, there are four external spheres of intervention for HRM professionals and these spheres are integrated in a complex array within organisational settings. The intellectual sphere, which emphasises the mindset transaction in work organisations, has been significantly impacted by the forces of globalisation. The other three spheres, of figure, namely the emotional, the socio cultural and the managerial domains are undergoing, similar profound changes. Key HRM Practices in Indian Organisations: The above figure describes the general HRM practise in Public sector Organization. In private sector the HRM sector is not organized. In Private sector THE HRM practice depends on individual company basis. Company Profile: Infosys technology is a leading software company based in India which was established in 1981 and is listed in NASDAQ as a global consulting and IT services company with more than 122,000 employees. From a capital of US$ 250 they have grown to become a US$ 5.38 billion company with a market capitalization of approximately US$ 38 billion. In their journey of over 29 years they have catalyzed some of the major changes that have led to India’s emergence as the global destination for software services talent. [10] Recruitment Process: The Company uses different sources like Campus Interviews, advertisements in newspapers and applications received through the company website. Firstly, they do not have any distinction between any branch of Engineering, applicant from any branch can apply for the selection process but the only criteria is to meet the requirement of grades, the applicant should be very well qualified and should have high grades and the time gap which means if any of the applicant was rejected in the selection process then they can only apply after 9 months. The qualified candidates are shortlisted and are called for a written test. [11] Selection Process of choosing individuals with qualifications needed to fill jobs in an organization. The duration of the selection process in Infosys is 2.5 hours which includes filling in an application form, an Aptitude Test ( Analytical Thinking and Arithmetic Reasoning) and a test of Communicative English Language. The duration of the tests is 90 minutes and the Aptitude Test consists of puzzles type and the number of questions varies between 9 to 15. [12] Training and Development Infosys training, continuing education and career development programs are designed to ensure that the technology professional enhances their skill-sets in alignment to their respective goals. The following are the types of training provided by Infosys to their new recruits and employees. Technical Training by Education and Research Department Most of the new candidates that are hired complete 14 weeks of integrated on-the-job-training prior to being assigned to their business units. All these training are done in a total area of 1.44 million square feet in The Infosys Global Education Center in Mysore- India, which can train approximately 14,000 employees at a time. As of March 31, 2010 they employed 610 full-time employees as faculty which included 208 employees with doctorate or masters degrees. The faculty also conducts integrated training for the new employees. They also make employees to undergo certification programs each year to develop the skills relevant that are for their roles. [13] Personal Effectiveness and Managerial Programs The above program is to enhance the managerial capabilities and leadership abilities in order to have better customer satisfaction, achieve their organizational vision and to create high performing multicultural teams. [14] Performance Management Creating an equitable and inclusive work environment In 2008-09 Infosys were recognized for their efforts to promote a more inclusive work environment. They won the Corporate Award for Excellence in Gender Inclusivity instituted by the National Association for Software Companies (NASSCOM), India, for the second consecutive year. They also received the Helen Keller award which was instituted by the National Centre for Promotion of Employment for Disabled People, for the third consecutive year and they also won the ASTD Excellence in Practice Award for diversity training. [15] The Head -HRD, is the custodian of equal employment opportunity. The Diversity Office and the HR department are responsible for coordinating efforts in implementing and disseminating information regarding the company’s diversity agenda. Being an IT services company they do not have any business identified as having risk for incidents of forced or compulsory or child labour, therefore they foresee risk of child labour in their supply chain in India, and therefore controls it through the vendor selection process. Compensation and Benefits Infosys compensates its human assets in three ways by adding learning value through training and development and appraisal practices. Infosys also adds emotional value through initiatives directed towards supporting employees with their work and personal needs and they also adds financial value through monetary compensation which is neither above nor below the market level. Infosys was one of the first Indian companies to offer stock option plans to their employees. Benefits Infosys work-life policies reflect local requirements and regulations. The employees in India are eligible for paid maternity leave and paternity leave under the law which is referred as the Maternity Benefit Act, 1961 under which pregnant women can take paid leave up to 14 weeks, first seven weeks before delivery and other seven weeks after delivery and the maximum payment is $441.6 per week before tax. They also have satellite offices for new mothers, telecommuting for employees on need basis, adoption leave, flexible work hours, part-time work policy, one-year childcare sabbatical policy and near-site day care facilities. Employees can apply for scholarships for their children who have excelled in academics, arts and culture. Infoscions can also apply for extended family healthcare coverage. [16] In addition to that they are also provide benefits such as statutory benefits as pension, medical insurance under Employee State Insurance Scheme which is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act and is designed to accomplish the task of protecting ‘employees’ against the hazards of sickness, maternity, disablement and death due to employment injury and to provide medical care to insured persons and their families. An employee covered under the scheme has to contribute 1.75% of the wages whereas, an employer contributes 4.75% of the wages payable to an employee. The total contribution in respect of an employee comes out to 6.50% of the wages payable. They are also offered loan program which was found attractive to the employees. Loans were taken for pursuing a degree program such as MBA, or to meet personal needs such as purchasing a car or a house. [17] Health and Safety The Health Assessment and Lifestyle Enrichment (HALE) program supports their healthcare policies at a global level. In Australia they have a unique practice of having a specialist available on call for ergonomics assessment in the work area. They also provide annual health checkups for all employees at their India-based locations. [18] Chap-4 Comparison and Contrast between HR practice of India and china In comparison between India and Canada India’s ranks higher in Uncertainty Avoidance Index than Canada which means Indian wants clear cut responsibilities and job description. India’s Power Distance rank is also higher than Canada which means that in India there is unequal distribution of wealth and power in the society. India and Canada are at the opposite ends in terms of Individualism, with Canada displaying much greater Individualism than the collectivist society of India. Canadians are more autonomous and self-control in the ability to make decisions and wants to work without direct supervisions, than Indian employees. Indian employees like to work more in tandem with their managers when setting personal goals than did Canadian employees. Indians are more forward thinking when planning actions and goals which found significant correlations between these differences in perceptions and differences in cultural characteristics which include power distance, uncertainty avoidance, and paternalism. Canadians scored lower on these traits than Indians. [19] Chap – 5 About Cultural differences and Implications to Professional Practice India is a country in conversion. History, society, economic and cultural factors strongly influence Indian Human Resource Management (HRM) and mindset. The dynamic changes taking place in India, and their consequent influence and reflection in Indian HRM, the following factors provide essential background and context about key aspects of the Indian: language, geography and generational differences. Following the strong influence of the society cultural context in India does not always allow the applicability of Western management and organization theories. [3] Pawan S. Budhawar, the Indian management scholar, he emphasizes that â€Å"to a great extent, this is a core issue for Western firms operating in the Indian context and sends a clear message to researchers in the field. The intention of both HR practitioners and researchers should be to continuously develop, test and re-test constructs suitable for conducting research and develop relevant practice in the Indian context.† [4] With the challenge of mixing Western management practices with Eastern management traditions, we have to understand the Indian HRM context and its related influence on mindset is a necessity for both Indian and Western organizations. In a typical leadership development project, here is an assumption about: First, there are more qualified candidates than available leadership positions (could be internally or externally. Second, turnover of employees identified as ‘key talent† will not increase. Third, employees who are not identified as â€Å"k ey talent† will accept that the assessment process is fair. Indian human resource management will continue to evolve, and it will continue to be important characteristic of growth and sustainability. Chap – 6 Other relevant topics Generally speaking, In the process of recruiting, training management, the performance of India and Canada is similar. They use similar strategies for select right employees, like internal and external recruitment. Using skills tests and talent questions helping employers find a best person for the job. On the other hand, there are some obvious differences. Firstly, in Canada, there are a lots of policies (Provincial and territorial human rights legislation, Canada Human Rights Act) implemented by federal or national governments to protect the rights of employees, like policies about minimum wage employer must pay to workers, sexual orientation, marital status, and maximum work time. Besides that, when the rights of employees was ruined, employees can complain with some constitution including The Canadian Charter of Rights and Freedoms, Citizenship Commission. On the other hand, the policies protecting employees are scary. Employees look for job by individual, and the salary and benefits paid to employees is determined by employers. Because India in a labour intensive country. The price is cheaper than Canada obviously. In addition, India do not have policies about minimum wage. The codes protecting the rights of women and young are in little quantities. Which is more, compared with Canada. It is harder for employees in India sue the company which exploits them. For instance Even though India is a labour intensive country, because of high growth of developing, it is not a big problem to find a job in their own country. A lot of jobs are created because of the increasing of market demands. Since Canada is multicultural country. You can find people from Australia, Asia and Europe. They are seeking jobs in Canada. Apart from this Canada is a secular Country. So Canada has a lot of policies about avoiding discrimination like religion, race and color. Conclusion: By analyzing and studying various reports and research paper we can say that there is vast difference between the HR practice between India and Canada. The rules and regulation regarding Human resource management are quite similar in both countries. The government of both Countries has made clear rules and regulations, but in India there is lack of implementation of the rules. Various research paper also indicates that the HRM is in transition phase, due to globalization the global practice becoming more and more familiar to Indian corporate groups. The study also suggests that there is socio-cultural influence on HRM practice in India. India has to go far to reach global HRM practice, but it is also showing good positive changes in terms of positive HRM policy guideline and support from government. Bibliography: 1. http://hrguide.applezoom.com/2007/09/hr-role-in-recruitment 2. (http://hrguide.applezoom.com/2007/09/hr-role-in-recruitment 3. http://www.shrm.org/Research/Articles/Articles/Documents/ 4. Budhwar, P. S. (2009). Challenges Facing Indian HRM And the Way Forward. In P. S. Budhwar & J. Bhatnagar (Eds.), the Changing Faces of People Management in India (pp. 289-300). New York: Routledge. 5. Adapted from Towers Perrin. (2008). 2007-2008 Towers Perrin global workforce study. Retrieved August 26, 2009, www.towersperrin.com 6. http://rphrm.curtin.edu.au/2007/issue2/india.html 7. Chatterjee, S.R. (2006). Human resource management in India. In A. Nankervis, Chatterjee, S.R. & J. Coffey (Eds.), Perspectives of human resource management in the Asia Pacific (41-62). Pearson Prentice Hall: Malaysia. 8. Meredith, R. (2007). The elephant and the dragon: The rise of India and China and what it means for all of us. New York: W.W.Norton & Co. 9. http://rphrm.curtin.edu.au/2007/issue2/india.html 10. http://www.infosys.com/about/who-we-are/Pages/history.aspx 11. http://www.ittestpapers.com/articles/-infosys-selection-procedure.html 12. http://www.infosys.com/investors/reports-filings/annual-report/annual/Documents/Infosys-AR-08.pdf 13.