Assessment learning Essay

1. What are the functions, concepts and principles of assessment in learning and development? (1. 1, 1. 2) The function of assessment is a way to measure a learner’s competence against agreed standards and criteria. The awarding body of the particular qualification will have an assessment strategy what will state which criteria needs to be met to complete the mandatory and optional units and the best method for acquiring the evidence. A range of methods will be used to judge whether a candidate has demonstrated the skills, knowledge and understanding to be competent against the criteria. The assessor will need to ask themselves if the assessment process when put into practice will be: Fair – the given activities during assessment are relevant to the candidates needs and reasonable adjustments are made so not to disadvantage any person. Reliable – If the assessment was carried out by a different assessor, in a different place, the results would be consistent. Valid – the assessment is suitable to the qualification being assessed. Safe and manageable – the assessor must not put unnecessary demands on the candidate or their work colleagues in the place of occupation. Suitable for the candidates needs – before planning an assessment the assessor would need to take into account the candidates needs, their subject requirements and take into consideration any prior learning, additionally, plan suitable methods to be used. The assessment cycle to ensure the learner has met the performance and knowledge criteria required to achieve the qualification achieved all aspects of the qualification successfully. The cycle will begin with the initial assessment which will establish any prior learning or experience of the subject to be taken and will identify individual learner’s needs. Furthermore, diagnostic tests can recognize if a learner has for instance, dyslexia. The second part of the cycle will be the assessment planning, where the assessor and learner agree on the methods to be used for evidence, set target dates and who will be involved, such as, work colleagues. Thirdly, the assessment activity will establish which methods to judge whether a candidate has demonstrated the skills, knowledge and understanding to achieve the required standard. The penultimate part of the cycle will be where the assessor makes a decision as to whether the standard has been met and provide feedback to the learner. Lastly, progress will be reviewed and any changes to the assessment activities can be made. The assessor will use a range of Benchmarking will be used to ensure the learner’s performance is on target against the accepted standard of the subject area. This data will contribute to the quality assurance and development of best practice. 2. What is the role and responsibilities of the assessor? (1. 3) The role of the assessor is required to be competent and knowledgeable with the standards of the awarding body so they can explain the criteria to the candidate, thus the learner knows what they are working towards. Subsequent to the assessment planning an initial assessment needs to have been carried out to identify any individual needs, prior learning, skills and knowledge the learner may have. When planning the assessment the assessor should have the relevant information of where the learner works and what they do, this will ensure the correct units will be covered and correct methods are chosen. The assessor will use the assessment plan as a tool for assessing the learner’s competence and knowledge against the agreed criterion ensuring that it is fair, valid and reliable. The assessor must clearly record all assessment decisions and show which criteria was met. Each conducted assessment will record achievements accurately and any evidence provided by the learner must be checked by the assessor to ensure it is authentic. To ensure confidentiality the information will be available to share with those with a legitimate interest. After the assessment the assessor will provide constructive feedback to the learner concerning their achievements as soon as possible and identify any gaps in the learner’s knowledge and skills. At this stage the candidate will either plan to be reassessed or progress onto  the next assessment. The assessor will be responsible to the organisation, occupational standards and awarding organisation when planning, managing and delivering assessment and must maintain good practice and follow legislation throughout to maintain the integrity of the qualification. 3. Explain the regulations and requirements relevant to assessment in own area of practice(1. 4, 3. 4, 3. 5, 8. 1) The assessor will be required to follow a range of policies and practises set by the regulatory bodies of standards, for example, Ofqual, Sector skills council, Institute of learning. Other regulations such as, health and safety, equality and diversity, data protection, risk assessment, etc will be discussed below. It is the responsibility of the assessor to ensure that the above are carried out during the assessment process. For example, the assessor must abide by the health and safety rules of the candidates work place and report any unsafe practice or dangerous equipment. The need of wearing protective clothing and safety shoes may be required. The assessor or internal verifier must only intervene with an assessment is if the health and safety is placing someone in danger. Under the management of health and safety at work regulation 1999, the assessor must assess the risks to prevent any hazardous practices and locate information on who holds the first aid certificate and what the fire and emergency course of action is. The assessor is responsible to carry out a risk assessment to safeguard the learner during assessment and establish any risks which may occur during the assessment activities in the work place. While there is always a possibility of risk in any every day occurrence, the assessor has a duty of care to notify of the risk and advice of the possible outcome regarding safety. It is the assessor’s responsibility to ensure all documentary evidence is kept safe during external assessments and data kept secure. Any assessor who works with vulnerable adults or children will be required to have a criminal records bureau check before being allowed to work in that occupational area. The check will identify any unsuitable person and must be used to protect and safe guard adults and children at risk. The disability discrimination act legislated that no disabled person should be discriminated against because of a disability, whether it is a physical or mental impairment. In 2002 and 2005 the act was extended to include educational organisations. This meant that suitable provisions must be made for disabled persons to overcome any physical barriers and not be treated less favourably because of their disability. The initial assessment should clarify if the learner has any particular learning needs or disabilities to ensure equality and diversity needs are met. The assessor has a duty to ensure no learner is discriminated against; everyone has an equal opportunity for learning and development. Assessment activities should reflect the diversity of the learner, for example, culture, language and ethnicity and not be biased to the person who produced them. Every person is entitled to learn in a safe environment, whether it be the assessor or learner. It is illegal to inflict corporal punishment on anyone and if restraint is required then it must follow the organisations strict guidelines on discipline. The copyright, Designs and Patents Act (1988) is one that the assessor should discuss with the learner at the start of the assessment process as it relates to the authenticity of their own work and products. It is unlawful to use someone else’s work as their own without referencing to the rightful owner, as this is plagiarism. The assessor must always ensure the learner signs and dates their own work, especially if it has been prepared on the computer for acknowledgement that they are the original owner. The assessor will have confidential information about their learners, such as, name, age, birth date on record and under the Data Protection Act all this information must be kept confidential and secure. If the information is kept on a computer, then it should be protected with a password that protects against other entering the system. If the information is paper based then it must be kept in a filing cabinet which is lockable. The learner can request to see any information held about them under The Freedom of Information Act 2002, so it is important to back up copies, if electronically stored in case of being deleted. The information should not be kept longer than necessary and the holder will need to register as a data user if the period is over 2 months. There may some occupational areas which require the candidate to wear a uniform, for example, a white tunic top if working in a restaurant or protective clothing, such as, reflective jacket, hard hat and safety boots if on a construction site. The assessor will need to dress in accordance with the health and safety regulations when doing an assessment in the work place with the learner. Once the assessor has qualified they must register with the Institute for Learning and keep up with their continuing professional development. It is crucial that the assessor abide by the code of professional practice to ensure they are working to the same standard and not under achieving. If the former should happen then it could have a dramatic effect on the assessment centre quality assurance when the external verifier carries out an inspection visit twice a year. To ensure standards are being met and claim for certification is valid the external verifier will need to see a mixture of the candidate’s files and interview a variety of assessors. If the standards have been met and the external verifier is satisfied that the correct procedures are being followed the centre will receive a grade of 1-2. Unfortunately if the centre receives a grade of 3-5 then there is a possibility that they could have the direct claim status and registration suspended until the matter is resolved. 4. Explain the strengths and limitations of at least 4 different assessment methods, making reference to how each method can meet the needs of individual learners. (2. 1) ASSESSMENT METHOD Observation Strengths. The observation method is an excellent opportunity for the assessor to take a holistic approach during assessment; benefits are the assessment is viewed by the assessor, thus the evidence is authentic, plus, cost and time effective. The holistic assessment can be time consuming so the assessor will need to plan the assessment so they can identify which learning outcomes from all units can be demonstrated at the same time. Knowledge based and performance based assessment can be linked with evidence which is natural occurring. The method meets a learners needs as they can carry on their normal work practice. If any prior learning evidence can be presented, such as a certificate or witness statement and/or a professional discussion at the end of the assessment. Limitations It is necessary the assessor and candidate agree for a suitable time and place for the observation to take place. If the assessment is to be cost effective then the evidence must be collected during a busy time when the most evidence can be collected. If a witness testimony is to be used the assessor must find a suitable person who has witnessed the learner do the task, this must be arranged beforehand. The assessor must ensure that the candidate is confident enough to demonstrate their competence or else it could discourage them and waste time. The assessor must remain open minded throughout the observation and not offer advice or interfere even if they feel the candidate is doing something wrong. Assignments Strengths Assignments are an excellent opportunity for the learner to demonstrate knowledge and use research skills. The assignment can be set out so several aspects of qualification can be assessed. The learner needs are met as they are able to work at their own pace and in their own time. Limitations The learner must be had been taught all aspects of the syllabus beforehand. The assignment could be time consuming to write and may not be suitable to learners who have literacy difficulties, work full time or have families to support. The assessor must assess each assignment individually and provide written feedback. Witness Testimony Strengths The witness can confirm competence or achievements of the learner as they will have observed them in their normal practice of work, someone who works with the candidate to confirm the learner’s competence in a certain area of criteria. The learner may feel more confident displaying skills in front of a colleague rather than being observed by the assessor. Witness statements are useful as they can fill in any gaps. The method would suit the needs of someone who is performing the task frequently. Limitations The assessor must ensure the suitability of the witness and that they are experienced in the occupational area, the assessor needs to confirm this by seeing evidence, such as a copy of their CV or certificates. The witness statement must be authentic and the assessor will need to check this. A witness cannot confirm the learner’s competence as they are not an assessor. Oral questions and answers Strengths The assessor could use questioning as a way to meet gaps in evidence; questions could be adapted to meet the criteria. A question could be used to increase the candidates thinking about a certain task rather than performing it. Furthermore, it gives the assessor an insight as to how much knowledge the candidate has in their occupational area. This method could be used during an observation or used later after the observation; it would meet the needs of a learner who has difficulty with written English. The assessor would need to know the candidate understands what is being asked in the question or else the learner may struggle to answer correctly. Limitations The assessor would need to be careful not to ask closed or leading questions as this could be viewed as being subjective as the assessor could be putting words into the learner’s mouth. The most beneficial questions would be open, probing and hypothetical to get the most from knowledge and understanding of the learner. 5. What key factors do you need to consider when planning assessment? (3. 1) WHAT. The assessor will need to discuss and be in agreement with what criteria is being met and how it is being assessed and others involved. The assessor will need to talk about what the learner’s job role entails and how this is relevant to the unit in question. This will enable the assessor to plan and agree with the learner the types of evidence most suitable for demonstrating competence and the best methods for assessment to be used. The assessor must make sure the evidence is appropriate to meet the specified performance criteria and where possible knowledge to be assessed through performance or professional discussion or questioning. The assessor must ensure the learner is ready to demonstrate their competence and understands the processes involved, for example targets. WHEN The assessor and learner will need to agree when the assessment will take place and arrange a suitable date, time and duration when the most evidence can be collected and if the holistic approach could be used to obtain evidence. It would be beneficial for the assessor if the assessment took place during a busy period of learner work activity. However, the assessor must ensure the learner is not taken away from their duties for an unnecessary length of time or cause disruption to the business operations. WHERE The assessor Assessment would ideally take place in the learner’s work place as this where the most evidence can be collected. As the assessor will be entering the learner’s work place it is important to involve the employer in the planning process. However, for non-performance evidence it could be more cost effective to assess via Skype, email or to arrange a meeting in a suitable place of convenience, not necessarily the learner’s work place. HOW The learner will want to know how the assessment will take place and what will be involved during the assessment. The assessor will need to discuss and agree with the learner the most suitable method of assessment to collect the most evidence. The assessor must ensure the assessment is fair, unbiased and cost effective by making the best use of time; if the learner is required to produce any prior evidence then this must be arranged in advance of the assessment. Holistic assessment in the learner’s work place would be beneficial for it is naturally occurring evidence. The assessor would use observation, witness testimony and professional discussion for performance evidence and multiple choice questions, verbal questioning and assignments for knowledge and understanding. The assessor will make a judgement on the evidence and decide whether the learner has demonstrated enough to meet the criteria or not. The assessor will need to arrange how and when feedback will be given to the learner to attend to any performance issues. 6. Explain the benefits of holistic assessment and how you would plan for holistic assessment (3. 2). The assessor is responsible for ensuring that methods used during holistic assessment covers several aspects of the performance and knowledge criteria from different units. This will ensure the assessment is cost effective make evidence collection and demonstration of competence more efficient. The assessor would need to plan the assessment before it took place to ensure that any particular requirements of the learner are taken into account and the assessment is adapted to meet their individual needs. For instance, holistic assessments will benefit learners who have dyslexia or literacy difficulties. Holistic observation can include oral questioning and minimize the amount of written work the learner has to do. Thus they are not excluded or disadvantaged by having learning difficulties. If the learner has a disability then the assessor should make sure the learner has extra time to complete the assessment tasks and is given any support needed. Moreover, any learner with difficulties are entitled to have reasonable adjustments made to ensure they have the equality of opportunity and support to enable them access assessment. Furthermore, if the learner has difficulties then the individual learning plan will agree short term targets for achievement, assessment strategies and review dates. The benefits of holistic assessment are that the assessor is able to observe the candidate at work in natural occurring situations. The candidate would be able to demonstrate several aspects of the qualification and cover more than one unit at the same time by taking a performance unit which incorporates parts of a knowledge unit. Holistic assessment should ideally take place in the learners work environment and the candidate’s job role should be discussed with to establish any prior learning they have, to identify which units could be covered at the same time. By doing this it would reduce the amount of visits needed to the candidate’s work place, make the best use of time and ensure the assessment is cost-effective. 7. Why is it important to involve the learner and others in the assessment process? (4. 1) A learner should be involved in the assessment process so they can understand why they are doing assessment activities and the purpose of providing evidence of competence. The candidate’s involvement will enable them to remain motivated as they will have the opportunity to add their own input, analyse their own experience and understanding. Without support the learner could become confused and lack enthusiasm, but if others, such as the assessor and employer helped them to achieve their aim, it will give the learner self motivation and encourage them to remain positive through the assessment process. At some stage of the assessment process it may be necessary for someone other than the assessor to provide evidence of the learner’s competence in the work place. The witness must be known by the learner and experienced in the candidate’s occupational area, possibly a line manager. 8. Give examples of the types of information that should be made available to learners and others involved in the assessment process (4. 2) At the initial assessment the learner will have taken a skills test which is an analysis of the learner’s skills so they are aware of current skills and areas for development. The learner should be provided with all documentation they need for the award, such as, assessment plans, individual learning plans, feedback sheets, information on the company carrying out the assessment and the assessors contact details, phone number and email address. Additionally, a copy of the complaint and appeal procedure, equality and diversity Policies, how to contact the assessor for cancelling visits and information on health and safety 9. What are the benefits of peer and self assessment? (4. 3). The benefits of peer and self assessment are the learner develops skills, such as listening, observing and questioning and has a greater involvement in their own learning process. The peer and learner can understand the role and the need for assessment better. It allows for greater understanding of the criteria for achievement and how it is judged, thus, encouraging the individual to take responsibility for their own learning. The learner will develop analytical skills and improve self awareness of strengths and weaknesses and identify opportunities for improvement. Furthermore, develop the ability not only to assess their own work but that of others, thus developing analytical skills and use reflective practice of their own performance. When a learner assesses their own progress and those of their peers, they will learn to take personal responsibility of how to make a decision and provide feedback as to why that decision was made. 10. How can assessment arrangements be adapted to meet the needs of individual learners? (4. 4). The learner is entitled to a fair assessment and the assessor needs to use the most relevant assessment methods for the learner to demonstrate their ability. The assessor must take into consideration that not all learners are the same and treat the candidate as an individual, taking into account any requirements they might have. For example, the assessor needs to consider a learner’s work pattern involved working shift patterns and agree a suitable time for assessment which does not disrupt working practice and make the most of the meeting. Furthermore, confidentiality issues must be taken into consideration and reflection of individual learning styles. If the learner has dyslexia, learning difficulties or English is the second language then the assessor must work with the learner to establish which method of assessment would be more beneficial to them. The assessor will need to vary the methods to keep the learner motivated and extra time given to learners who have difficulties and ensure the learner understands what is being said to them. Feedback should be given as soon as possible to ensure the learner remains interested and motivated. 11. Explain how you judge evidence and make assessment decisions, making reference to the criteria and assessment requirements (5. 1, 5. 2) The assessment plan will need to be agreed by the assessor and learner to which assessment methods will be used to cover the entire criteria standard. The assessor needs to ensure that the assessment is valid, authentic, efficient, fair and reliable. At least four different methods would be used during assessments; these could be observation, evidence of knowledge, witness statements and professional discussion. Any prior achievement and experience of the learner will be taken into account as long as it is relevant to assessment of their competence; it would not be cost effective to have a candidate repeat an activity they had already acquired in the past. However the assessor must have proof that evidence is authentic by either asking for a copy of certificate or a witness statement and the evidence is current and relevant to the occupational standards. The assessor will review the evidence and assess it against the required elements of the qualification, it will allow for a decision to whether the candidate is competent or not yet competent. Competence can be awarded if the evidence is: * Valid * Reliable * Sufficient * Authentic * Current * Safe The assessor must abide by the Equality Act 2010 to not discriminate or harass against protected characteristics where fairness might be compromised. 12. Explain the procedures for and importance of quality assurance and standardisation. (6. 1, 6. 2) Quality assurance is important as it ensures the national standards are being maintained. The internal verification procedures will monitor equal opportunities and access the decisions made by the assessor are fair, valid and reliable. The internal verifier will use a range of methods to confirm that the assessment is meeting the requirements of awarding bodies. Methods used could be through observation, questioning, and professional discussion or sample the portfolio. It is vital that the assessor is assessing according to regulations and guidelines from awarding bodies, qualification and credit framework and keeps accurate records from assessments to create an audit trail for internal and external verification. To ensure all assessment decisions are consistent and fair the assessor will be encouraged to attend meetings with colleagues involved with the same subject and their internal verifier, to ensure they all understand the units they are assessing and looking for similar evidence. To compare assessment decisions and share good practice with colleagues will help the assessor to develop skills, up date knowledge and personal development. However, it is not compulsory to attend the meeting, the assessor could standardise their practice by reviewing standards and documents online. 13. Explain the appeals and complaints procedure (6. 3) The assessor should provide the learner with a written copy of the complaints and appeal procedure which meets the requirements of the awarding body and discuss this with them in the assessment planning session. If at any time during the assessment process the learner has a complaint or feels a decision the assessor has made is unfair to them, then the learner will know who to go to with their issue and how it will be followed up. However, before this stage is reached the assessor should encourage an informal discussion with the learner to see if the issue can be resolved. If the learner is not confident about discussing it with the assessor then it may be necessary to involve the internal verifier. However if the complaint or appeal remains unresolved then this must be put in writing to the chief executive who will look into and respond within 5 working days. If the learner is still unsatisfied with the outcome then they can request the complaint or appeal is investigated by an independent panel, which will consist of an independent assessor and internal verifier. The panel will investigate the appeal or complaint and notify of their decision within 14 working days. If at this stage the complaint or appeal has still not been rectified then the learner should contact the awarding body – NCFE, whose details will be given once it has reached this stage. 14. Why is the management of information important? (7. 1) The assessor will need to ensure that any documentation acquired during the assessment process is following the national standards for assessment and verification and be aligned with the centre and awarding body policies. Each document must be accurate stating which assessment methods where used, whether, observation, oral or written. Furthermore, they must show that both candidate and assessor agreed to how the evidence will be obtained and the decision made as to whether it was achieved or not. It is essential that any document is signed, dated and stored correctly to ensure data protection and confidentiality. Other types of documentation could be completed log books, action plans, feedback comments, learner records or anything which records the candidate’s achievement. It is imperative that the information is managed professionally as the assessor could find themselves in breach of laws and regulations, such as, data protection Act if they fail to comply. Failure to manage information correctly could result in having complaints and appeals made against the assessor and have a dramatic effect on the assessment centre quality assurance when the external verifier carries out an inspection visit twice a year. To ensure standards are being met and claim for certification is valid the external verifier will need to see a mixture of the candidate’s files and interview a variety of assessors. If the standards have been met and the external verifier is satisfied that the correct procedures are being followed the centre will receive a grade of 1-2. Unfortunately if the centre receives a grade of 3-5 then there is a possibility that they could have sanctions placed upon them and lose their direct claim status and registration suspended until the matter is resolved. 15. Why should you give the learner feedback? (7. 2) Feedback is an important tool for learning and development and to improve performance and motivate the learner. The learner will have a better understanding of how they have progressed during assessments. After the assessor has carried out an assessment they would need to give feedback to the candidate as soon as possible by either verbal communication or written. If verbal is used via phone or face to face, then this must be backed up by a written copy. The assessor should include information about achievement in relation to the criteria and any comments should provide detailed advice on how to cover any gaps between current performance and the target aimed for. The candidate should be encouraged to ask questions regarding the feedback to help them understand how the assessor had reached their decision. This would also assist the assessor to reflect upon their role and evaluate if the assessment process was fair, valid and reliable and the assessment methods used was the most appropriate for the candidates needs. If the candidate did not meet the required standard then the assessor should give constructive feedback which would focus more on the activity or work produced rather than the candidate. Constructive feedback is part of a successful assessment as the learner will know what they have achieved or need to develop. Thus the learner will be encouraged to take more responsibility of their own learning development and deepen their understanding of the criteria. Feedback should be given on a 2. 1 scale, known as the sandwich approach. It should start with positive comments, then the areas which need to be improved; lastly, the assessor should end the feedback on a positive to encourage the candidate to keep interested, motivated and confident. 16. What are the key policies and procedures that relate to assessment? For example Bright delivery policy and NCFE policies and procedures etc. Give a brief explanation of what each one is. (8. 1) The assessor will need to follow policies and procedures additionally to those mentioned in question 3, for example: Bright’s delivery policy states the following points: Bright’s delivery policy sates the following points: †¢Once the candidates deposit has been cleared and relevant paperwork is complete the candidate will receive their registration pack within 48hrs †¢Following this the mentor will contact the candidate within 48 hours †¢Mentors can be contacted mon – fri 9am – 6pm sat 10-1 †¢Alternately leave a message and the mentor will contact the candidate within 4 hours †¢Once all theory and practical assessments are complete candidates will receive their certificate. Under Bright’s delivery policy the following procedures relate to assessment: †¢Quality audit of completed Individual Learning Plans †¢Quali.

Chief Justice Earl Warren Essay

President Dwight Eisenhower appointed Earl Warren as the fourteenth Chief Justice of the Supreme Court in 1953. Warren had been the governor of California twice and was also on the republican ticket for Vice President under Thomas Dewey. It was assumed that Warren would pickup where his successor Fred Vinson left off as a conservative member of the Supreme Court, but instead Warren positioned himself as a liberal. When Warren took over as Chief Justice, justices who aligned with judicial activism and those who were in favor of judicial restraint divided the Supreme Court. One of Warren’s goals was to renew the Supreme Courts role in defending individual rights. Warren presided over several civil rights landmark cases including Brown vs. Board of Education I and II, which would spark the great civil rights movement. Warren also presided over cases such as McGowan vs. Maryland and also Tropp vs. Dulles. In Brown vs. the Board of Education, Warren was greatly criticized for not appealing to the precedent (Plessy vs. Ferguson), and rather relying on common sense and fairness. In Chief Justices Warren’s dissenting opinion of Brown vs. Board of Education I, he stated † Today, education is perhaps the most important function of state and local governments . †¦ To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community.. .that may affect their hearts and minds in a way unlikely to ever be undone.† His final statement emphasized that separate but equal facilities are inherently unequal, and also that such a doctrine deprived the plaintiffs of the equal protection of the laws guaranteed by the Fourteenth Amendment. The unanimous decision uncoiled previous twists of the Constitution that focused solely on the belief that â€Å"separate but equal facilities did not imply any type of racial inferiority. In 1966 Warren and his court had another major decision to deal with, â€Å"Miranda v. State of Arizona.† The case dealt with criminal suspects and their rights. The court’s decision was that criminal suspects had to be informed of their  rights before questioning. Warren and the Supreme Court also ruled decisions dealing with legislative apportionment, the basic rights of citizenship, and limitation of the use of libel laws. Again, Warren received both criticism and praise as a result of his judicial performances. After such landmark cases, Warren’s leadership in these cases became a political institution known as † The Warren Court†, with a heavy emphasis on equality and civil rights. The Warren Court used judicial activism and judicial review to interpret the authority and infallibility of the Supreme Court to promote the importance of individual rights. If those individual rights were seen as infringed, the case was likely to be overturned. Warren presided over Brown v. Louisiana 1966, a case where a black student was arrested for protesting a segregated library. Again the Warren Court looked to the 14th Amendments guaranteeing the freedom of speech and assembly, ruling that these rights are not confined to verbal expression. In another case the Warren Court ruled on Yates v. United States 1956. In this case the court overturned the convictions of Communist leaders under the Smith Act. Under the Smith Act any person could be arrested and jailed for advocating the violent over throw of the United States government. The Court ruled that the Smith Act violated the defendants First Amendment rights. In short, the Warren court supplemented one of the most notable movements in the history of the United States, Warren’s emphasis on individual rights and equality were stepping stones for Civil Rights activists, basically giving them protection under the Constitution.

British Petroleum and The Delay of Maintenance Case Analysis

British Petroleum, now known as simply BP, is a multinational oil and gas company that is headquartered in London, England. On March 23, 2005, a series of massive explosions devastated one of the largest British Petroleum refineries located in Texas City. The blast rattled windows in downtown Galveston, 20 miles away and was even felt in Houston, 35 miles distant. Reports indicated that 15 people had been killed and well over 150 were injured, many of those seriously burned.A BP spokesperson addressed the media by explaining how the explosion had occurred while an â€Å"isomerization unit of the plant was being brought back on stream to full production after having been shut down for annual inspection and repair† (Hosmer, 49). As the families of those killed in the explosion mourned their losses, BP pledged to a â€Å"long and intensive investigation to determine the cause of the explosion† (Hosmer, 49). These promises were cut short when accounts of prior problems at B P refineries began to present themselves.Reports revealed that a year ago from the day of the most recent explosion, a blast occurred at the same processing unit of the Texas refinery. No deaths or injuries resulted, but a U. S Occupational Safety and Health Administration (OSHA) investigation indicated violations of 14 standard operating procedures. Furthermore, merely a week prior to the Texas City explosion, BP was reported to have settled a large lawsuit claiming that their company had failed to; properly maintain huge storage tanks and improperly falsify the maintenance records of those very storage tanks.A far more condemning report in the September of 2005 found hundreds of safety violations related to a venting system at the isomerization unit, seen to not have been working properly. As a result, the OSHA imposed a probationary period, in which, BP had to request permission from the agency to start up old isomerization units, report all accidents and injuries, and hire outsi de professionals to review all refinery safety programs and procedures. BP began accepting wider responsibilities and planned to spend more than $1 billion on improving maintenance procedures.However, the company began to lose its credibility as yet another study revealed that the same isomerization tower that had leaked flammable gases to cause the deadly March 23 explosion, had leaked those same gases not once before, but eight times (Hosmer, 59). Two separate accounts of whistleblowing helped the OSHA conclude that BP’s lack of maintenance and worker training was a result of their continual demands to reduce fixed costs, which of course, the senior officials of BP denied.Stakeholder Analysis In a case that involves such environmental destruction, fines, lawsuits and more importantly, the loss of human life; a wide variety of stakeholders are affected. The first primary social stakeholder is of course the central company to the case itself- British Petroleum, consisting of all its officials and executive members. To commence, since BP is the party being sued for the massive explosion at the Texas City refinery, it has a tremendous amount of stake in the case.BP possesses a high interest in this situation, as it is their reputation and profits that evaporate with all of the proceeding lawsuits and investigations. In the same way, they possess high power because they have the full authority and financing to regularly maintain their production facilities and sufficiently train their staff. Referring to the typology of stakeholder attributes, it is clear that BP has high power, high legitimacy, high urgency and a close proximity in this case.As mentioned earlier, BP attains a great deal of power because their decisions are the root cause of the problem. The fact that BP is the defendant in all its major lawsuits, and has so much at stake gives it high legitimacy. Not only that, but the situation for BP is very urgent as the majority of their facility is d amaged and unable to produce any profits for the company. BP definitely possesses close proximity to the case, with their facility and management all situated at the explosion.All of these characteristics prove BP as a definitive stakeholder that can be harmed through the bad publicity; countless lawsuits, fines and investigations; damage to multi-billion dollar refinery; and loss of profits. The only possible benefit for BP in this pool of harms is that this explosion gives them an opportunity to rebuild the refinery with new, safer technology that abides standard operating procedures. BP claims that the massive explosion is a result of highly complicated chemical processes and even places blame on its employees for â€Å"operational mistakes†.The government agency OSHA thinks otherwise, and imposes their legal right to a probationary period on BP and its operations. BP thinks they are in no wrong, but they are denied the right to appeal for a shorter probationary period as the delay of proper maintenance is confirmed as the cause of the destruction (â€Å"csb. gov†). Moving on, another primary social stakeholder affected by the explosion of the Texas City BP refinery, is the employees and managers of the facility itself. Many employees working in the facility have lost their lives and suffered life-threatening injuries.For this reason, their interest in the situation is very high as their health and well-being is placed in jeopardy. In addition, due to the explosion, these workers are unable to earn wages to support their families. These employees have very limited power because they have no control over the decisions made by BP to properly maintain their facilities. Consequently, the employees and managers of the BP refinery have low power, high legitimacy, high urgency and a very close proximity to the case.To further explain, their measure of low power is the result of their position on the BP ladder. They simply carry out the orders enforce d by BP officials such as cutting â€Å"costs by 25 percent† (Hosmer, 53), without paying much attention to the consequences. They also possess high legitimacy with their life and loss of employment at stake. Their urgency is high as they are unable to earn wages and must resort to external sources of income to provide for their loved ones. Also, those injured in the incident must seek medical attention very urgently.Lastly, the employees clearly have close proximity as they work and reside in the vicinity of the facility that has been damaged with the blast. This combination of attributes deems the managers and employees a dependent stakeholder, which is reliant on the BP officials to carry out their will. These members of the case have virtually no benefit from the explosion. Due to the dangerous working conditions and BP’s high expenditures on the explosion, they are harmed with a possible risk of injury or death and potential job loss.Prior to the accident, these s takeholders were denied the legal right to an adequate training regime, which may have been a factor in the blast as stated in an interim report issued by BP (Hosmer, 50). The workers of BP were also denied their legal right to a union, further addressing their lack of power and independency in the case. Finally, a third stakeholder affected by the massive blast of the BP refinery is the U. S Government, but more specifically, the federal agency OSHA (Occupation Safety and Health Administration).Unlike the others, this secondary social stakeholder has a public or special interest stake in the case that is more indirect. The OSHA has a tremendous amount of power and interest given that it is in their authority to ensure BP’s business practices align with the standard operating procedures and provide safe work environments for the citizens of their nation. This secondary stakeholder can also be classified as a definitive stakeholder due to its high power, high legitimacy, high urgency and close proximity to the case.To elaborate, the OSHA has issued lawsuits, fines, investigations and even a probationary period on the practices of BP and will continue to do so until the proper production requirements are met, giving them tremendous power. They possess high legitimacy and high urgency as it is in their right to prevent any future incidents that could lead to the loss of human life and mass environmental damage, in the shortest possible time period. Clearly the U. S government, with all its branched locations, has close proximity to the accident and all key stakeholders involved in the case. Though the OSHA may benefit from showing positive involvement (i.e. investigation reports, fines etc. ) in the eyes of the public, the incident may actually decrease other countries’ investing interests. As touched upon earlier, the government has exercised their legal right to issue fines, suspensions and in-depth investigations. Through this extensive process a nd help from the media, the OSHA has been able to bring the amoral actions of the BP Company to the public’s eye, concluding that; regular maintenance of the production facility would have been enough to prevent the immense explosion. Define the Complete Moral Problem State the moral problem in a â€Å"complete† question form.Is it ethically permissible for the BP Company to ignore and delay the maintenance requirements of their Texas City refinery given that: 1) the massive explosion caused 15 deaths and over 150 life-threatening injuries; 2) the employees, managers, local communities and environment are placed in a volatile situation; 3) it is one of the largest refineries located in the United States; 4) BP settled a large lawsuit claiming that it had (1) failed to properly maintain huge storage tanks and (2) improperly falsify the maintenance records for those storage tanks† a week prior to the explosion (Hosmer, 50); 5) the same isomerization tower that leak ed the flammable gases to cause the March 23 explosion, had leaked those same gases eight times before; 6) a blast had occurred at the same gas processing unit of Texas City refinery a year prior to the March 23 explosion; 7) they were charged millions of dollars by the OSHA after finding hundreds of alleged safety violations in their facility; 8) they falsely pledged to a â€Å"long and intensive investigation to determine the cause of the explosion† (Hosmer, 49); 9) they were trying to cut costs by 25 percent after realizing an after-tax profit of $15. 7 billion? Characterize the Moral Problem Why is this a moral problem? According to Hosmer, a moral problem is a situation â€Å"in which the firm’s financial performance and social performance are in conflict† (Hosmer, 55). To further elaborate, a moral problem can present itself when a company disregards the needs and rights of its stakeholders in the pursuit of profit and financial reward. These are the situa tions when some individuals or groups to whom the organization has some form of obligation, such as employees and customers, are going to be harmed while others will be benefitted.In considering the issue involving the explosion of the Texas City refinery, it is clear to see that BP disregards the rights of its employees, managers and local communities by continually operating â€Å"rusty, unsafe and unmaintained systems† (Wolf), in order to cut costs and reap a greater financial reward. We can clearly see the direct relationship between the parties that have been harmed and denied their rights, as compared to those that are benefitted and profit from this decision, ultimately creating a conflict between financial and social performance. Thus, this issue is a moral issue. Define the kind of moral issue involved in the problem. To specify, the kind of moral issue present in the case is both a violation of justice and rights.In terms of justice, the OSHA, a branch of the U. S g overnment confirms that BP is in violation of fourteen standard operating procedures and hundreds of other safety violations. Moreover, a week prior to the explosion, BP settled a large California lawsuit as it claimed that it had failed to properly maintain storage tanks and improperly falsified the maintenance record for those storage tanks. With their decision to ignore maintenance, BP is breaking the federal law in order to increase profit and others are being harmed for it. Two cases of whistleblowing revealed that BP managers were ordered by senior officials to â€Å"cut costs by 25 percent† (Hosmer, 53).This is simply unfair for parties with close proximity to the case, such as the refinery staff, as they are unable to maintain a facility, which they know for certain, is dangerous â€Å"with its interrelated valves, controls, tanks, flares and alarms- found to not have been working properly† (Hosmer, 50). In terms of it being a rights issue, BP has violated seve ral positive legal rights and laws. For example, BP initially places blame of the Texas City explosion on its workers for â€Å"operational and supervisory mistakes† (Hosmer, 50). By making this claim, BP is violating the positive legal right to adequate employee training. Furthermore, these very individuals working inside the BP refinery are denied the positive legal right to a safe working environment. The massive blast is, as determined a result of BP’s ignorance of necessary repairs.Thus, BP is responsible for violating their employees’ positive legal right to work and provide for their families as well. Therefore, rights and justice are presented in this case. Due to the rights violated and lack of justice, this is definitely a moral problem. Determine the Economic Outcomes The concept of Pareto Optimality is key for determining the economic outcomes. Pareto Optimality refers â€Å"to a condition in which the scare resources of society are being used so ef ficiently by the producing firms, and the goods and services are being distributed so effectively by the competitive markets, that it would be impossible to make any single person better off without harming some other person† (Hosmer, 27).In order to achieve Pareto Optimality; all markets must be competitive; all customers and suppliers must be informed; and all costs must be included. In the case of BP’s Texas City refinery, the condition that states all internal and external costs must be included is violated. BP fails to recognize the costs necessary to maintain their facility, which results in the massive March 23 explosion. For example, when it was discovered that the same isomerization tower that leaked the flammable gases to cause the March 23 explosion, had leaked those same gases eight times before, all costs to repair the facility were ignored and operations were continued as normal.In addition, BP fails to include; the costs associated with the loss of employ ee wages caused by the destruction of the refinery; and the costs of tarnishing the health reputation of local communities. While BP does recognize the costs to mitigate their environmental impact and compensate for all victims, such expenditures only represent a small fraction of the total social and environmental damage caused by their operations. Also, all customers and suppliers are not informed of BP’s practices, thus, they are in violation of another Pareto Optimality condition. Hosmer explains that all parties â€Å"must be knowledgeable about the features of the products and standards of the company† (Hosmer, 8).BP does not disclose all information regarding their products and standards, in fact, generates corrupt documents in the process. This was evident when BP attempted to conceal a large California lawsuit, in which â€Å"they pleaded guilty to not properly maintaining, and falsifying the maintenance reports of huge storage tanks† (â€Å"dol. gov. com†). Without all necessary information, parties cannot make rational choices and express true preferences. In this situation, we cannot take the action that will generate the greatest profit for the company because this will definitely not generate the greatest benefit for society since all costs are not included and all information is not available.This moral problem cannot be solved economically or by applying Pareto Optimality because human-well being is still being jeopardized for a marginal profit to BP, even when an after-tax profit of $15. 7 billion is realized. Consider the Legal Requirements The law in a democratic society is the minimum collective standard that we hold people accountable to. In this case, the laws that must be obeyed by BP and its operations are the United States government regulations imposed on petroleum industries. In the time leading up to and following the devastative explosion, BP has failed to comply with a significant number of legal requir ements. In 2004, BP was cited for 14 alleged violations of standard operating procedures at their Texas City refinery.In September 2005, seven months after the explosion central to this case, the OSHA found hundreds of safety violations that it called â€Å"egregious and willful† (Hosmer, 50). Not only was BP in violation of their legal operational rights, they also denied their staff the legal right to a safe work environment. However, since the outbreak of BP’s actions, the U. S government has been active in ensuring that all legal requirements are met. Following the September 2005 report, the OSHA levied a record size fine of $21. 4 million on BP. Also imposed, was a three-year probationary period in which BP â€Å"had to request permission from the agency before starting up old refinery units and report all accidents and injuries, regardless of cause, to the agency on a regular basis† (Hosmer, 51).Now, although the OSHA was able to bring some positive change , there are still problems with the law relevant to the case. Initially, the aforementioned government agency lacked adequate information to impose the necessary regulations upon BP that would force them to maintain their facilities properly. Due to the fact that BP was falsifying their maintenance reports and managing to stay clear of the media, it was not until a series of in-depth investigations after the Texas City incident that the OSHA was able to reveal the company’s maintenance fraud. The legal information observed in this case tends to lag behind the necessary regulations and moral standards of society, proving that the law is flawed by lengthy delays.Due to the missing adequate information and lengthy delays, simply obeying the law will not solve the moral problem. The government takes action after investigating the cause, which is not up to par with society’s needs especially when human well being is being jeopardized. Even with federal regulations in place, in 2006, BP caused â€Å"the largest oil spill on the North Slope of Alaska† because their major pipeline â€Å"was found to have been poorly maintained, to be badly rusted, and to require total replacement† (Hosmer, 52). BP is operating against the law, even though they possess adequate information on their social and environmental consequences. The government regulations such as the $21.4 million fine as observed in the case, are â€Å"much more a minor matter for BP, [who] had reported an after-tax profit of $15. 7 billion† (Hosmer, 50). Thus, the law cannot be used to solve this moral problem as BP is both lawful and immoral. Evaluate the Ethical Duties In order to propose a solution to a moral dilemma as such, it is crucial to analyze the ethical duties of BP and the various ethical theories that apply. First, the principle of Personal Virtues comes in to play. It implies that one should â€Å"never take any decision or action that is not open, honest and truthful, and one that you would feel proud to see widely reported† (Hosmer, 99). It is clear that BP’s actions have directly violated this principle.Their decision to knowingly delay the maintenance of their problematic facility without informing many key stakeholders is definitely not open. BP also settled a lawsuit in which they â€Å"falsified the maintenance records for storage tanks† (Hosmer, 50), which is neither honest nor truthful. The key stakeholders in the case, such as the management of the refinery have not been open, honest and truthful, thus, cannot be proud of their decisions. This is seen in a two cases of whistleblowing where a manager of the Texas City refinery â€Å"claimed that he had been ordered to cut costs by 25 percent in early 2005† and another BP executive â€Å"had been directed to keep his maintenance expenditures low† (Hosmer, 53).Since both of these members of the BP Company were â€Å"laid off† following the press release, it is clear that BP did not want the leaked information widely reported. Therefore, BP violates the principle of Personal Virtues. Moving on, the theory of Utilitarian Benefits is one that takes an instrumental approach, assigning costs and benefits to an outcome. It states that one should â€Å"never take any decision or action that does not generate greater benefits than harms for the society of which you are a part† (Hosmer, 99). Based on the classical version of theory, from which, actions are judged solely in terms of their consequences, BP is in serious violation. Their decision to ignore maintenance requirements and operate under dangerouscircumstances leads to a massive blast that has virtually no benefits for the society, other than the fact that BP is provided with an opportunity to rebuild a safer, more secure facility. This benefit is very minute so we can assign it a 4 out of 10. Diametrically, the aforementioned decision creates numerous harms to society such as; 15 deaths and over 170 injuries; major environmental damage; loss of jobs and much more. Being of such importance, it is only fitting that we assign these outcomes with higher values such as 10,8 and 7 out of 10, respectively. Adding up the scores for the benefits and harms, we clearly see that the harms outweigh the benefits, thus, there is overwhelming evidence to infer the Utilitarian Benefits principle is violated.Furthermore, the principle of Universal Duties implies that you should â€Å"never take any decision or action that you would not be wiling to see others, faced with the same or a closely similar situation, be free and even encourage to take† (Hosmer, 99). In the case of BP, their actions directly defy the categorical imperative of the Universalizability Principle, which implies that you should act only according to the maxim you are willing to universalize. If BP universalized their behaviour of ignoring maintenance requirements in oil refiner ies or their disregard to employee safety and well-being, several catastrophic industrial incidents could occur causing deaths, injuries, environmental damage and an overall decrease in the quality of life.In fact, universalizing this behaviour would be self-defeating as the lack of clean water and resources would hinder the growth of petroleum industries. Looking at the Respect version of the categorical imperative, it is clear that BP is once again in violation. The principle explains how one should use humans â€Å"always as an end and never as a means only† (Hosmer, 96). The BP Company uses their employees as merely a means to an end by ordering them to carry out duties within the refinery. Given the numerous risks present in the workplace, the workers are treated as objects with very little care and value, useful only in achieving the company’s aim. BP does not abide with the both aspects of the categorical imperative; therefore, it violates the Universal Duties p rinciple.Another ethical duty worth evaluation is the principle of Distributive Justice. This theory mentions that moral standards are based on the primacy of a single value, justice, and that â€Å"everyone should act to ensure a more equitable distribution of benefits and burdens†, because this promotes individual self respect, essential for cooperation (Hosmer, 100). This theory, unlike the others, is hypothetical and teleological. If we were to conduct a thought experiment, whereby we imagine ourselves in the original position behind the veil of ignorance, it is clear that BP’s actions violate the Difference principle. Behind the veil of ignorance, we are unaware of our socioeconomic status.However, we are in the original position, which means we are interested in ourselves and those that who we care about to succeed; thus, we would want benefits and burdens to be distributed equitably, as we do not know which party we belong to. The least advantaged members of the society include the workers of the BP refinery since they earn low labour wages, taking orders from BP managers and senior officials. With BP’s decision to ignore the gas leaks, rusty pipelines and delay future maintenance of their refinery, high proximity employees are placed in a very volatile situation. They can very possibly encounter life-threatening injuries or death.BP’s actions fail to benefit the least advantaged members of society, which is unfair. Consequently, BP is not acting in their right moral duty. Moreover, the decision to delay maintenance destroys the BP refinery and does not provide the workers with increased employment (or any employment for that matter). Due to the facts outlined, the social and economic inequalities created through BP’s amoral actions are not justified. By means of a though experiment, it is evident that an equitable distribution of benefits and burdens is one that benefits the least advantaged members of society. The fi nal ethical duty is Contributive Liberty or Libertarianism.In the same way, it explains that moral standards are based on the primacy of a single value, which is liberty, and that â€Å"everyone should act to ensure greater freedom of choice† as this promotes market exchange, essential for social productivity (Hosmer, 100). Applying this theory, it becomes clear that BP’s actions are in violation with this principle. A few stakeholders, such as employees have their negative rights violated with the explosion, as they are unable to work and earn wages in a dangerous facility lacking maintenance repairs. More importantly, they are not ensured greater freedom of choice because even though they can see the flaws located in the refinery, they must proceed with the instructions from management. In the same way, the management is also denied a freedom to maintain the facility as they are ordered to â€Å"cut costs by 25 percent† or otherwise, risk losing their position s.By suppressing the freedom of these two stakeholders, BP is liable for the massive blast which shuts down the supply of BP petroleum and gas products; ultimately, obstructing efficient market exchange and violating the principle of Contributive Liberty. Propose and Defend a Solution After determining the economic outcomes, considering the legal requirements and evaluating the ethical duties, it is appropriate to make my recommendation. My proposed solution to BP’s moral problem is to make its most disadvantaged stakeholders better off and implement an ‘Employee Workplace Evaluation Program’ as a part of BP’s regular operations. It is important to note that this case has already been â€Å"solved† legally through BP being sued, fined and placed on a probationary period, however, it does not help the moral situation as the law cannot solve anything morally.BP is already mitigating its environmental impact through financial compensation, but my solut ion involves them to start by personally apologizing to each and every family they have harmed through the explosion of the refinery. Next, BP needs to work with local communities to provide long-term health care, food and other services to those families that have either lost or suffered an injury to an earning loved one. In my opinion, this is the least a multi-billion dollar oil corporation can do to begin righting its amoral actions. The second step in my solution entails BP implementing an Employee Workplace Evaluation Program or EWEP, with overview from government authorities (OSHA).This will give the workers inside BP facilities an opportunity to report on various aspects of their job such as; the safety of the equipment; specific work instructions from their boss; any hazardous occurrences (regardless of magnitude); all of which, are relevant to the cause of the March 23 explosion. With the use of an EWEP, all information is openly available, honest and truthful from the emp loyee’s perspective, thus conforming to principle of Personal Virtues. The solution also holds true for Utilitarian Benefits as the benefits of helping families recover from devastation and ensuring the future safety of employees, greatly outweighs the harms. Finally, by providing employees with the freedom of speech, BP will be able to align with the principle of Contributive Liberty and create more secure and productive work environments.

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