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DSST Business Ethics Study Guide sm 2

Notable cases of the application of fcpa are with

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Notable cases of the application of FCPA are with Lucent Technologies, Triton Energy Limited, and Invision Technologies. Former Representative William J. Jefferson, Democrat of Louisiana, was charged with violating this act by bribing African governments for business interests. [3] "Command and control" regulations focus on preventing environmental problems by specifying how a company will manage a pollution-generating process. This approach generally relies on detailed regulations followed up by an ongoing inspection program. In the United States, the Resource Conservation and Recovery Act (RCRA) is a prime example of this kind of regulation. "Command and control" regulations were popular in the early stages of American environmental regulation in the 1970's. They were based on engineering approaches to specific pollution sources, such as those designated as significant by the Clean Air Act and the Clean Water Act. In these cases, as in RCRA, this approach resulted in a rapid decrease in pollution from point
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sources. However, as non-point source pollution became a more important issue for environmental protection, "command and control" regulations became less useful. RCRA, in particular, has become problematic in that, while it is successful at directing hazardous wastes to the appropriate disposal facility, it has been less successful at reducing the amount of waste produced. As the name of the act implies, this is an important goal of the original legislation. The alternative to "command and control" regulation is "performance oriented" regulation, in which specific environmental performance goals, such as a reduction in the amount of pollution associated with a process is specified by the regulation and each facility is left to determine the best method to achieve this goal. The concern with this approach is that it tends to be much more difficult to enforce because it requires an intimate understanding of the process and alternatives to the process. In general, the "performance oriented" approach requires the documentation of these and the environmental impacts associated with the process in a planning document, which can be reviewed by regulatory authorities. Environmental Management Systems generally form the basis for the format of such a plan. The Worker Adjustment and Retraining Notification Act (WARN Act) is a United States labor law which protects employees, their families, and communities by requiring most employers with 100 or more employees to provide sixty- (60) calendar-day advance notification of plant closings and mass layoffs of employees. It became law in August 1988 and took effect in 1989. In 2001, there were about 2,000 mass layoffs and plant closures which were subject to WARN advance notice requirements and which affected about 660,000 employees. [1] Employees entitled to notice under the WARN Act include managers and supervisors, hourly wage, and salaried workers. The WARN Act requires that notice also be given to employees' representatives (i.e. a labor union), the local chief elected official (i.e. the mayor), and the state dislocated worker unit.
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