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Medicines and drugs are normally within the product liability suit. Producer of pharmaceutical products have the responsibility of testing the medicines as well as the drugs before they are released into a market. Testing criterion is prescribed by the United States food and drugs administration. Such criteria are termed as the industrial standards and that if FDA has correctly licensed a drug, it does not have any effect on producers/manufacturer liability to the injured complainant. Nearly all medical products apart from the over the counter drugs, there is always an educated intermediary between the producer and the final user. Certain prescribed drugs are regarded as unavoidably unsafe meaning they may have side effects even though to another user they may be beneficial. When such drugs are correctly produced and followed by enough warning, there cannot have any basis of a lawsuit in product liability. The study evaluates security measures within Southard Pharmaceuticals Inc.
Legal and Ethical Issues
When patients visit a doctor, they must trust the prescribed drug and the medical devices used. When such drugs fail to work as expected, the effects can be dangerous. The correct lawsuit against the company falls under the use of unapproved drugs by FDA. The RU-9355 was still under clinical trial to which the salesperson was aware of. The company is not liable for Hanz actions since he knew that it was not approved (Polinsky 1437). The case is Mrs. Sick vs Hanz.
Secondly, assuming the SPI does not distance itself from the case, the company still can avoid liability. When new drugs are produced, nobody knows how well or poor they will function. A clinical trial helps in studying medical effects in individuals and patients must make an informed decision. In this case, the drug has been proved to treat the said disease only that the FDA had not approved thus, no liability on SPI.
Security Administration and Management
Alternative Approach
The radio frequency identification is an equivalent security measure. RFID device has programmed data operating at frequencies (Abad, E., et al 394). Since the technology providers are able to deliver supply chain concepts, products can be tracked and identified from production point to the distribution location, and up to the retailer’s stores. Thus, stock loss/theft and supplier fraud become less due to the Auto-ID. Current tags are easily removable and not detected which is never the case for RFID.
Business Assets Protection
Investigative Strategies and Methods
The territory assigned, geographical location and total operation should be recognized. Similarly, risks must be understood with an evaluation of business physical weaknesses. Surveys on the premises security and application evaluation will enhance business operations. The completed survey should be filed while audits and inspections should be held periodically to eliminate loopholes. Good work ought to be recognized and rewarded through fringe benefits and/or promotions. Surveillance cameras will be mounted on various locations within the premises (Kang et al., 570). Additionally, employ biometric sign-in register to detect who is present during certain time and days. Finally, an impromptu staff performance evaluation to detect an understand awareness of job descriptions/responsibilities.
Recommendations
The company should have a business attorney for ironing out difficulties in legal matters. Protect the business by taking insurance since anything can happen unexpectedly like an accident/damage to business properties. Use inventory management tools to understand a firm’s sales and products. Train the employees and implement supervision to enhance accountability and engage the senior management.
Emergency Planning
Emergency management plans indicate the operational concepts and, the roles and responsibilities applied in disasters and emergencies (Kapucu 239). First, there should be mitigation policy to prevent future occurrences/emergencies in order to reduce their effects. For example, SPI should buy fire equipment/extinguisher, insurance against fire, and make a fire assembly point. Secondly, to enhance preparedness evacuation plans such as availability of emergency response numbers to all, and installation of lightning arrestors.
Thirdly, in regard to response actions towards saving lives and preventing further damage is important (Borough 32). Evacuation vehicle/ambulance is necessary at the premises and, a frontline emergency response team must be formed. A drawn chart on emergency process requires to be printed. Finally, the recovery process is aimed at returning to an original position. For SPI, financial assistance should come from investments, insurance compensation, and financial institutions funding
Planning an Emergency Evacuation
An assembly point should be marked during an evacuation. Map the major evacuation route. Outline a communication strategy for use by everyone. During disaster identify who is commanding. I.e. mark the contact person to forward and receive information from and share his/her contacts. Pack the survival kit with important medications.
Information Systems Security
As witnessed, many enterprises experience specific discrepancies amount between an inventory’s physical count and the book value. Inventory shrinkage refers to the surplus inventory amount written in the accounting documents but it does not exist in the real inventory (Rekik 189). In an ideal situation, the inventory management systems should minimize shrinkage because stock records are updated automatically when purchases on sales are made. Several companies use an automated replenishment system that helps in tracking the number of products available in the store.
However, there are several reasons behind shrinkages. They include; administrative errors due to pricing inconsistencies. Markdowns and mark-ups can result in huge losses. Wrong product identification can happen in many ways. Labels may be wrongly placed either by the supplier or the store. Once the barcodes on the labels get scanned, the inventory record will change. Additionally, inaccuracies may arise due to inaccuracies in the order and the reorder policy as a result of alterations of systems by insiders (Chuang Howard and Rogelio 63). Paperwork and inventory count inaccuracies can make a company appear to have huge shrinkage. Secondly, organized theft and shoplifting consists of the largest shrinkage. Methods of Addressing the Issues
Companies should automate their inventory systems. Inventory management needs to be standardized by applying software’s that supplement tracking and cracking down fraudulent activities. Software recommended for management inventory should be furnished with user logs in order to track all employees’ transactions and/or adjustments (Fan et al., 659). Frequent training, education, and awareness are necessary since pilferage and theft are the major contributors. Staffs should be made aware of current fraudulent trends.
Recommendations
SPI should carry out an audit on all the electronic communications systems, user logs where applicable, database, and enhance the security of their information systems. Similarly, premises security should be tightened through surveillance cameras.
Behavioral issues
Issues
Violence in Workplace has been on the rise in certain industries due to specific factors. Workplace violence refers to physical violence, harassments, frightening, or other behaviors that are disruptively occurring at the workplace. Such behaviors range from verbal abuses, physical assaults among others (Dillon 15). It affects employees, visitors, employers, and company clients. Violence may result due to the following; juniors may conflict with their supervisors or seniors, employees may be experiencing family challenges and struggles resulting in stress and violence, the company may be overworking the employees while they are performing under pressure, inadequate staff support system, excessive authoritarian leadership and management style, lack of enough workers, and poor pay.
Strategies for Addressing Workplace Violence
Nearly all industries are vulnerable to workplace violence. All business should consider such imminent risks and be ready when it happens. To begin with, San Juan should asses their business i.e. reviewing the likelihood of violence. Video surveillance and premises security procedure should be enhanced. Secondly, mitigation policies on bullying and arms in the workplace should be established based on the assessment results. Entrance to specific areas should be limited. Thirdly, all employees should undergo training (Gallant and Mary 449). Workers assistance program to deal with personal matters before and after an incident is necessary. Finally, post-incident activities must be planned for. E.g. counseling and dismissal.
Recommendation
Continuing education and training or annual refreshers is the best violence counter method. Defining responsibilities is an effective part. All staffs should be made aware of the potential dangers at work and how to protect themselves. A training program should include new equipment introduced.
Conclusion
A defective or unapproved drug may result in serious negative effects. Additionally, such effects can cause a liability lawsuit if it is due to the negligence of manufacturers. RFID is a good alternative to costly inventory shrinkage measures. Business protection and emergency planning such as surveillance cameras and insurance policies should be embraced. Finally, workplace violence is inevitable but there are several ways of addressing such as training and counselling.
Works Cited
Abad, E., et al. “RFID smart tag for traceability and cold chain monitoring of foods: Demonstration in an intercontinental fresh fish logistic chain.” Journal of food engineering 93.4 (2009): 394-399.
Borough, Fairbanks North Star. ”Comprehensive Emergency Management Plan.” (2015).
Chuang, Howard Hao-Chun, and Rogelio Oliva. ”Inventory record inaccuracy: Causes and labor effects.” Journal of Operations Management 39 (2015): 63-78.
Dillon, Bobbie L. ”Workplace violence: impact, causes, and prevention.” Work 42.1 (2012): 15-20.
Fan, Ti-Jun, et al. ”Benefits of RFID technology for reducing inventory shrinkage.” International Journal of Production Economics 147 (2014): 659-665.
Gallant-Roman, Mary A. ”Strategies and tools to reduce workplace violence.” AAOHN journal 56.11 (2008): 449-454.
Kang, Youn-ah, Carsten Görg, and John Stasko. ”How can visual analytics assist investigative analysis? Design implications from an evaluation.” IEEE Transactions on Visualization & Computer Graphics 5 (2010): 570-583.
Kapucu, Naim. ”Collaborative emergency management: better community organizing, better public preparedness, and response.” Disasters 32.2 (2008): 239-262.
Polinsky, A. Mitchell, and Steven Shavell. “The uneasy case for product liability.” Harv. L. Rev. 123 (2009): 1437.
Rekik, Yacine, Evren Sahin, and Yves Dallery. ”Inventory inaccuracy in retail stores due to theft: An analysis of the benefits of RFID.” International Journal of Production Economics 118.1 (2009): 189-198.
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