0%(1)Il 0% ha trovato utile questo documento (1 voto)
74 visualizzazioni29 pagine
This document discusses safety standards, organizations that promulgate standards, and professional liability. It provides definitions for key terms like standards, codes, recommended practices, and test methods. It also describes the roles of major standards organizations in the United States like NFPA, ANSI, ASTM, UL, IEEE, and OSHA. Finally, it outlines different legal theories of responsibility like negligence, strict liability, and warranty that are used in product liability cases.
This document discusses safety standards, organizations that promulgate standards, and professional liability. It provides definitions for key terms like standards, codes, recommended practices, and test methods. It also describes the roles of major standards organizations in the United States like NFPA, ANSI, ASTM, UL, IEEE, and OSHA. Finally, it outlines different legal theories of responsibility like negligence, strict liability, and warranty that are used in product liability cases.
This document discusses safety standards, organizations that promulgate standards, and professional liability. It provides definitions for key terms like standards, codes, recommended practices, and test methods. It also describes the roles of major standards organizations in the United States like NFPA, ANSI, ASTM, UL, IEEE, and OSHA. Finally, it outlines different legal theories of responsibility like negligence, strict liability, and warranty that are used in product liability cases.
Professional Liability GROUP 4 ARCENO, ALFRED MERNILO, MATHEW SEGUNDO, AIME CENIZA, ZENDDY CRYSTAL PUNZAL , RONIELLE JACOB FERRER, RI CHMOND L EO OBIANO, JED FERUARD FI EL, JOHN CARL SAPUCO, RALPH AL LEN HAMMURABI’S CODE (approximately 1750 B.C.) “If a builder constructs a house for a man and does not make it firm and the house collapses and causes the death of its owner, the builder shall put to death.” Hammurabi’s Code contains what may be the first written statements regarding responsibilities of a party in accident prevention. Since 1750 B.C., the penalties have softened, but the volume of standards, codes, and other written safety documents has proliferated in step with technological advances over the 3700 years (Hammer, 1989). THE ROLE OF SAFETY STANDARDS Safety, in part, depends on the development and use of safety documents summarizing previous knowledge designed to protect individuals in a society. As engineers, we rarely design every aspect of a product or process from scratch. By using standards, we are free to spend more time and energy on the new and unique aspects of a design. A few definitions A standard is a sets of rules, requirements, or principles. A code is a collection of laws, standards, or criteria relating to a particular subject. A recommended practice is a series of recommended methods, rules, or designs. A test method defines such things as specimen selection, testing procedures, sampling, and analysis methods to determine the properties, composition, or performance of materials or products. A definition explains standardized meaning of terms as applied to materials, products, systems, and methods. Voluntary versus Mandatory Standards may be applied voluntarily, or they may be mandated by some federal, state, or local regulatory agency. Voluntary standards may be those developed and followed by a single company (i.e., “in-house”), or they may be consensus standards decided on by a group of representatives for a given industry. Consensus Consensus implies more than simple majority approval, but it does not necessarily mean unanimity. Unanimous agreement usually cannot be achieved without compromising the effectiveness of the standard (Bass, 1986). Horizontal versus Vertical Standards can be classified as horizontal or vertical. A horizontal standard is one that applicable across all industries-one that is generalized by particular hazard type, regardless of the industry. A vertical standard is one that applies to on type of industry only. Specification versus Performance A standard may also be classified as being a specification or a performance standard. A specification standard is one that describes exact details of what and how something must be done. Performance standards emphasize the results that should be realized to satisfy the code without specifically stating the methods to do so. Performance standards allow the user more leeway and creativity in devising methods to eliminate or reduce hazards. ORGANIZATIONS PROMULGATING STANDARDS
Throughout your career you will probably sift through
thousands of pages of standards from a variety of organizations and agencies. Some of the Organization The National Fire Protection Association (NFPA) The National Electric Code (NEC) American National Standards Institute (ANSI) American Society for Testing and Materials (ASTM) Underwriter’s Laboratories (UL) The Institute of Electrical and Electronics Engineers (IEEE) State and Federal Government Regulations Occupational Safety and Health Administration (OSHA) NFPA NATIONAL ELECTRICAL CODE (NEC)
• DRAFTED IN 1887 BY COMBINING THE EFFORTS OF ARCHITECTURAL, ELECTRICAL, INSURANCE
AND ALLIED INTERESTS. • IN 1920, OFFICIALLY ENDORSED BY ANSI • 1923 – REARRANGED AND REWRITTEN • 1937 & 1959 – EDITORIALLY REVISED • 1993 EDITION – MOST RECENT EDITION AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) UNDERWRITER’S LABORATORIES UNDERWRITER’S LABORATORIES IEEE STATE AND FEDERAL GOVERNMENT REGULATIONS STATE AND FEDERAL GOVERNMENT REGULATIONS OCCUPATIONAL SAFETY AND HEALTH ACT OCCUPATIONAL SAFETY AND HEALTH administration OCCUPATIONAL SAFETY AND HEALTH administration Osha standards Osha standards Osha standards PROFESSIONAL LIABILITY “Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties.” This statement is the first principle listed in “The Fundamental Canons” of the “Code of Ethics of Engineers.” The basis on which parties named in a products liability suit are judged is called the standard of responsibility. The legal standards used to test liability are the theories of negligence, strict liability, warranty, and misrepresentation. Negligence focuses on conduct and asks whether the manufacturer acted reasonably. Under this theory, the standard of responsibility is the duty to exercise due care in providing a reasonably safe product. Under the theory of strict liability the standard of responsibility is to provide a product free of defects. A product may be deemed defective if a reasonably prudent manufacturer or seller, knowing of the risk which the product presented, would have put the product into the stream commerce. Under strict liability theory, even if a manufacturer did not know of a defect, it can be held liable if expert testimony reveals a defect. A warranty is a promise made by a seller that a product possesses certain performance, safety, or quality characteristics. Under warranty, the standard responsibility is whether the capabilities of the actual product differ from the expressed capabilities. Within this theory, a seller may be found liable under express warranty or implied warranty.