Domain 9 Final Revision PDF

BCSP Procedures: a valid BCSP will notify the named individual and request that the individual : complaint that includes the a. Provide evidence that the complaint is not true required evidence b. State in writing whether the individual wishes to retain the BCSP...

BCSP Procedures: a valid BCSP will notify the named individual and request that the individual : complaint that includes the a. Provide evidence that the complaint is not true required evidence b. State in writing whether the individual wishes to retain the BCSP certification or status and agrees to discontinue the use of the degree may require the individual to sign No response within 30 days, institute disciplinary action in accordance with Article XIV of the BCSP Bylaws. BCSP receives a second valid complaint same person disciplinary action against the individual Article XIV of the BCSP Bylaws. The Government Printing service for the federal government. Printing Office (GPO) Copies of most government publications, including safety and health topics, are available through the Superintendent of Documents at GPO. FDA Food and Drug Administration, protects people against impure and unsafe foods, drugs, and cosmetics and against other potential hazards CDC CDC works 24/7 to protect America from health, safety and security threats, Centers for Disease both foreign and in the U.S. Whether diseases start at home or abroad, are Control chronic or acute, curable or preventable, human error or deliberate attack, CDC fights disease and supports communities and citizens to do the same. NIOSH Assure safe and healthful working conditions for all working people. It The National Institute for recommends occupational safety and health standards, conducts research, and Occupational Safety and performs related activities in occupational safety and health. Health FEMA identifies the eligible activity, describes what will be accomplished and Federal Emergency explains how the mitigation activity will be implemented. The mitigation Management Agency activity must be described in sufficient detail to verify the cost estimate. All activities for which funding is requested must be identified in the SOW prior to the close of the application period. DOT , concerned with all forms of transportation. Consisting of 8 administration Department of Federal Railroad Administration (FRA) , Federal Highway Transportation Administration (FHWA) NRC Protects public health and safety and the environment by licensing and Nuclear Regulatory regulating the use of nuclear energy. Commission Assumption of Risk The employees accepted the risk they were facing when they accepted the job. By doing so, they gave up any right to collect compensation for injuries. Contributory Negligence Since the employees contributed to their injuries, regardless of how little, the employees are not permitted to recover compensation for their injuries. Fellow-Servant Rule: The employer is not at fault because the accident was the fault of another employee or other employees. A common-law rule governing job-related injuries that prevents employees from recovering damages from employers if an injury was caused by the negligence of a coworker. In 1911, the State of 1st official state law covering workers’ compensation Wisconsin OSHRC Occupational Safety and Health Review Commission, The OSHRC adjudicates disagreements resulting from citations issued to employers for noncompliance with OSHA standards. Nongovernment Professional societies, trade associations, and others, that develop and organizations publish standards for their field of interest membership in the organizations  that set the standards are voluntary and because compliance is often voluntary, standards created or published by most standards organizations are called voluntary standards. Consensus standards Compliance with voluntary and consensus standards is required when they are adopted by local, state, or federal governments or are incorporated into government agency regulations or contracts. ANSI and ASTM Voluntary standards organizations are the American National Standards Institute (ANSI) and the American Society for Testing and Materials (ASTM). Both ANSI and ASTM publish standards on a wide range of topics, including safety and health. NFPA National Fire Protection Association, publishes the National Fire Code. ISO The International Organization for Standardization. We develop and publish International Standards. No-Fault Concept Employers and employees struck a balance in rights. Workers gave up the right to sue employers for compensation for injuries arising out of and in the course of employment. Employees will compensated when injured of work related, no matter who’s fault Objectives of Workers’ 1. Replace lost income and provide medical treatment promptly Compensation Laws 2. Provide a single remedy without costly litigation and delays 3. Relieve public and private charities of financial drains 4. Encourage employer interest in accident reduction and prevention 5. Restore earning capacity and work capability of workers through rehabilitation 6. Encourage open investigation of accidents to prevent similar occurrences in the future (not to find fault) Eligibility Criteria What is an accident? What is an injury? What does “out of and in the course of employment” include? Federal Employees States that compensation will be paid for “the disability or death of an Compensation Act employee resulting from personal injury sustained while in the performance of his duty.” It defines injury to include “in addition to injury by accident, a disease proximately caused by the employment.” Temporary Total Completely unable to work for a time because of a job-related injury. No Disability disability or reduction in work capacity remains after recovery Temporary Partial Unable to perform their regular job duties during the recovery period, but Disability are able to work at a job requiring lesser capabilities. After recovery, the worker returns to work with full capability. Permanent Partial Some permanent reduction in work capability but is still able to retain Disability gainful employment. loss of a body member, such as a hand, eye, or finger , reduction in the movement or functionality Permanent Total No longer able to work, even after medical and rehabilitative treatment, Disability impairments typically include loss of both eyes, loss of both legs, and loss of both an arm and a leg. Benefits of Compensation Payments for medical expenses, burial expenses, loss of wages, and impairments. Most provide payment for physical and vocational rehabilitation. Some provide for mental rehabilitation. Loss of Wages and % commonly 66.66 % vary by type of disability, number and ages of dependents, and other criteria, Payments are made for life to a worker with  permanent total disability, and Death, dependents of the worker usually receive benefits until the spouse remarries or dies and minor children reach adult age or complete school Whole-Man Theory Considers only the functional effect of the loss-its impact on normal functions and abilities. The disability is rated as a % of a whole, fully functional person. in Nevada, compensation is 1/2% of a person’s average monthly earnings for each 1% of disability Lost Wages Theory The actual loss in wages relative to a standard that estimates what the individual would have earned Actual compensation will maintain the income at or near the standard. Loss of Potential Future earning capacity is estimated from such factors as impairment, Earnings Theory age, occupation, gender, and education, most common approach Duration of Disability Use calendar days, not including the day of injury/return, and calculating the period between Types of Insurance State-operated insurance, private insurance policies, or self-insured benefits Premiums Insurance Compensation insurance premiums: units for premiums are 1 $ per $100 of payroll. Average costs are roughly $2.00 per $100 of payroll, varying widely with employment type. Manual Rates Payroll X cost/100 Experience Rating- Premiums X Experience modification rate (EMR) Prospective Experience Modification Adjusted actual lost + ballast /expected lost + ballast Rate Safety Professional’s Ensure that there exists a safety program for the safety and health of the Role and Responsibilities employee, called upon to report injuries and file insurance claims, manage in Workers’ injury cases, and coordinate a return-to-work program. compensation THIRD-PARTY Employees cannot file suit against their employers for job-related LAWSUITS injuries, However, an employee may sue the manufacturer of a machine or product that caused the injury. If an injured worker wins such a lawsuit and receives an award that is larger than that obtained through workers’ compensation THEORIES OF The manufacturer or seller of a product is not liable for all injuries, theory: LIABILITY (1) warranty, (2) negligence, and (3) strict liability. Warranty addresses the performance of a product regarding implied or explicit claims made for it by the manufacturer or seller Negligence Involves the conduct or behaviour of a person or corporate body regarding something they did or failed to do. additional evidence is needed Strict liability Characteristics of products that are unreasonably dangerous, no other evidence is required Tort law Wrongful acts, injuries, or damages for which civil (as opposed to criminal) action can be brought. Warranty is part of contract law and the relationships between buyers and sellers. Risk Sharing-transfer purchasing pollution insurance is risk sharing risk Stock insurance Self-profit motivated company PRODUCT LIABILITY 1. the product was defective EVIDENCE 2. the defect existed at the time it left the defendant’s hands  3. the defect caused the injury or harm and was proximate to the injury warranty cases The plaintiff must merely show that a product failed to meet implied or expressed warranty or represented claims for the product. The defendant Defense  The product is dangerous and danger by itself is not a defect.  Plaintiff altered the product or unreasonably misused it.  Product met accepted standards of government, industry, or self- imposed standards related to the product. NEGLIGENCE Includes acts of omission (failure to act) or commission (performing an act). The defendant may try to show that the plaintiff was negligent in the use of the product (contributory negligence), which led to the injury. WARRANTY Implied and express Implied An implied warranty is divided into (1) merchantability and (2) fitness Merchantability: product is fit for ordinary purposes “Pizza is eatable” Fitness: fit for purpose product will perform for a particular application Express warranty Advertising frequently creates an express warranty STRICT LIABILITY Focuses on the qualities of the product that caused injury, may arise from design, from manufacturing, or from inadequate warnings and instructions. Design Defects factors in design from which defects may result:  selection of materials (cost, durability, function, maintenance, appearance, and strength)  management of energy even the machine is off  Reasonable safety in an arrangement of features is needed.  safety features (rearview mirror)  Use environment refers to the context in which a product is used.  Standards are minimums.  to stay abreast of technology, even outside their specialty field Manufacturing Defects Inadequate quality control, testing, and inspection or from errors in assembly. One example of a manufacturing defect is a poor weld that fails at a later time. Identified easily by comparing a good product from the same manufacturer with the defective one. Drink bottles or food products containing foreign material, such as metal or glass. Defects in Instructions and Instructions for use or warnings about dangers during use or misuse are Warnings inadequate or absent, explain how to use a product effectively or safely. Instructions explain what actions one must take to eliminate or reduce the likelihood of injury from a product’s dangers. Warnings identify dangers inherent to the product or dangers that may result from its use or misuse. MISUSE AND Courts use a test of “foreseeability.” This test determines whether a misuse FORESEEABILITY reasonably could have been anticipated on the part of the supplier The court use reasonable person for the test. Unforeseeable Type of Harm A person who causes injury to someone else isn't liable if the type of harm doesn't foreseeably flow from the negligent act. For example, if Damon drops a glass bottle on the floor and doesn't clean it up, Damon would be liable for the injuries caused to anyone who cut themselves on the glass. MODIFICATIONS AND Defect must have existed at the time the product left the defendant for SUBSTANTIAL CHANGE liability to exist. User or owner modifies or alters a product, the one who modifies a product is liable for modifications. STATUTE OF LIMITATIONS Expected product life and its role in liability. The time allowed under statutes of limitations varies considerably THE LAWSUIT PROCESS Parties may want to avoid legal costs and reach a settlement Complaint, discovery, and significant investigation may be needed in this stage, court that has trial jurisdiction, significant investigation may be needed to establish that a lawsuit has a reasonable chance of success, In suits naming several defendants, each defendant may file a petition stating why they should not be named in the suit EXPERT WITNESSES Identifying witnesses who will testify in the case. opponent’s witnesses Trial under oath in discovery depositions, Expert witnesses-persons with specialized knowledge, like doctors, engineers, and others may considered as EXPERT WITNESSES, jury must decide whether the plaintiff should receive compensation and how much to award REDUCING LIABILITY Role of an engineer is to remove unreasonable dangers from products and RISKS environments and to prevent defects from reaching the marketplace. design review: A review team not involved in the design, and thus independent and with limited bias Privite It limits the parties involved in a negligence case to those directly involved in a transaction-the buyer and seller Consumer warning Not required for obviously dangerous products such as Knives labels Res Ipsa loquitur The principle that the mere occurrence of some types of accident is sufficient to imply negligence, the accident describes itself help in negligence case. Corporate Probation supervision order imposed by a court on a company that has committed a criminal offence, the order might require the company and its officers and directors to alter their conduct in a particular way Adverse Publicity Order guilty of gross negligence and been convicted of corporate manslaughter, -Public Shaming the court will want to impose penalties or corporate probation No-Fault Compensation The fact that the injured party is not required to prove fault against the employer. Injury alone gives the right to compensation Fault Compensation Employer’s Liability, injured worker taking a civil action against the employer, requires proof Compensatory The amount reflects the loss of the claimant as the result of the injury and was Damages/tortious awarded by the court. Special Damages – Quantifiable - (bills medical, legal cost) conduct General Damages- Might not be quantifiable-future as the quality of life Punitive damages or damages assessed in order to punish the defendant for outrageous conduct exemplary damages and/or to reform or deter the defendant, awarded in addition to actual damages Anticipatory repudiation Contracts breach which describes a declaration by the promising party to or anticipatory breach a contract that he or she does not intend to live up to his or her obligations under the contract A contract to be Agreement- Consideration- Purpose-Competent Parties -ACPC ityo enforceable to the parties Unenforceable contracts Lack of Capacity. Fraud Duress or Undue Influence - coercion Misrepresentation The contract is Completion through performance occurs when both parties have fully completed when all performed their contractual obligations. parties Completion by agreement happens when both parties agree to bring the contract to an end and release each other from their contractual obligations. Completion by frustration occurs when an external event significantly changes the nature of the contract such that it would not be fair to hold the parties to the terms of the contract. Examples include a change in the law rendering a contracted activity unlawful, or personal incapacity rendering an individual unable to perform. Completion by breach occurs when one party breaches one or more of the contract terms the innocent party is able to terminate the contract. Executory contract A contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such an obligation is material, does not usually make a contract executory. As Apartment/car rent-leasing A non-disclosure is a legal contract or part of a contract between at least two parties that agreement outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to Demented /Senile Means Alzheimer disabilities Epilepsy disorder Seizure disorders – nervous system – a brain disorder UTSA The Uniform trade secret act is designed to protect company trade secrets Mutual consent of Agree upon the same things in the same sense and at the same time parties-Same-Same Stock insurance The company is profit motivated. President Regan -CBA Issued a broad directive that required all new governmental regulations to include Cost-benefit analyses Insurance for the errors Does not cover the safety of professional errors and omissions of its employees Consensus standards Standards are developed by a group OSHA variances OSHA reform is supposed to eliminate variances; however, employers may continue to apply but must notify employees because it affects their safety. Variances are valid for up to 1 year (renewals are permitted). Safety bill of rights William steiger act 1970 , established OSHA & NIOSH and OSHAC Underwriters' 1. To perform independent product safety evaluations on products sold to Laboratories (UL) and consumers Factory Mutuaal (FM)? 2. To certify that products sold to consumers meet a minimum level of product safety 3. To certify that safety-related products will perform as expected CIH Certified Industrial Hygienist, given by American Board of Industrial Hygiene (ABIH) FOIA The Freedom of Information Act, allows the public to obtain information Low fence minimum threshold level at which hearing impairment begins High fence Point of 100% hearing impairment Estimated Premium = [(# Emp x Avg Sal) / $100] x Manual Rate x Experience Modifier Exclusive Remedy Employees may not sue employers for on-the-job injuries Products Fitness can be 1. Examination 2. Demonstration 3. Test - EDT determined by the manufacturer by analysis and by: "cradle-to-grave" Regulation of hazardous wastes from the point of generation through their ultimate disposal-CRCR The so-called In the RCRA program, used oils that are to be recycled, Used oils that contain "rebuttable over 1,000 ppm of total halogens (TX) are presumed to be hazardous by virtue presumption" of mixing with listed spent chlorinated solvents. Workers' compensation statutes are legislated through state law The San Francisco The most expensive single fire event in US history, moment magnitude of Earthquake and fire in 7.9 Devastating fires soon broke out in San Francisco and lasted for several 1906 days. More than 3,000 people died, and over 80% of the city was destroyed. The Bhopal disaster Caused the loss of several thousand lives and injuries to 100,000 - 200,000 individuals. Causes federal government to enact the SARA Title III statute which requires the industry to notify local municipalities of their toxic chemicals. BCSP offers Construction Safety, Ergonomics Specialty, System Safety -CES Performance standard Specifies an objective to be obtained but does not require a specific method, HAZCOM is an example of a performance standard Hold harmless One party agrees to assume the liabilities, losses, or expenses of another- is a agreement-indemnity contract that protects one party of a transaction from the risks or liabilities created by the other party of the transaction. Stare decisis 1. Meaning "case law" 2. Meaning "to stand by decided cases" 3. That is not absolute Due Diligence Business property transactions Fundamental in The basic perspective of the other position negotiation Intrapreneurs Corporate executives who develop businesses Management By Is a well-recognized method to set goals and measure the results. Objectives -Peter Records for Indefinitely manufacturing phases Express warranty A written or oral statement that a product will perform in a specific manner. The responsibility for a The entire chain, from raw materials onward, may be held liable for a defective product defective product. Strict liability assumes manufacturer liability for injury from their product without necessity for plaintiff to show manufacturer negligence Mutual insurance - The mutual insurance company is owned by its policyholders stock stock insurance insurance company is owned by its stockholders. Boiler and machinery highest % of the policy premium for loss prevention services Underwriter Early insurance contracts on ships and their cargo Product Recall most Written detailed plan including action and responsibilities important Safety professional Errors and omission, libel and slander, negligence insurance  The event in a product The complaint, discovery, trial, settlement liability lawsuit Sarbanes-Oxley Act  Federal law that protects investors by making corporate disclosures more reliable and accurate.  The act created strict new rules for accountants, auditors, and corporate officers and imposed more stringent recordkeeping requirements.  The act also added new criminal penalties for violating securities laws. Model Uniform Products attempt to provide some standardization of product liability laws Liability Act Soft Tree-FTA software used to identify potential data leaks, data loss, points of system intrusion, potential critical system errors, deductive fault tree techniques to analyze software, software-hardware interfaces and human-hardware interfaces Breach of Warranty The failure of the product to perform as represented by the manufacturer or seller constitutes General liability Covers bodily injury, personal injury, and property damage that occurs on your premises, but excludes those items that may arise out of your professional service. Umbrella Coverage provides limits over or on top of the coverage limits provided in existing auto or business owner policies and allows you to purchase additional liability protection for a minimal additional premium Whistleblower Protection for Employees Reporting Unsafe Impairment Ratings Describe the numeric disability to an injured employee's body or how much the employee receives in permanent disability benefits and is differed based upon each state workers’ compensation rules. Life expectancy Used in workers’ compensation to determine benefits when there is a permanent total or partial disability. Utilization review Method case managers may use to validate or refute the need for medical treatment prescribed by medical professionals. General data Far-reaching data privacy law enacted, imposes obligations onto protection regulation organizations anywhere, so long as they target or collect data related to people in the EU. The Gramm Leach Addresses personal information collected by banks and financial Bliley Act institutions. Children's Online COPPA, governs the collection of information about minors. Privacy Protection Act Tort A wrongful act or a failure to exercise due care results in damage or injury in the broadest sense. A tort arises from an explicit promissory agreement between the parties to the action Emergency Calibrated before and after use instruments Marshall v. Barlow OSHA inspector must get a warrant. U.S. Consumer CPSC is responsible for the safety of automobile fuel Product Safety Commission Consumer Product Does not required CPSC identification number but required: safety act protects the public from unreasonable risks of serious injury or death from thousands of types of consumer products under its jurisdiction, including  products that pose a fire, electrical, chemical, or mechanical hazard or can injure children American with disability The decision of the ability of the workers to the task required for the job act protects people with disabilities from discrimination. Disability rights are civil rights. From voting to parking, the ADA is a law that protects people with disabilities in many areas of public life. Force Majeure Force Majeure contract cannot fulfil due to natural catastrophes Executor contract Car leaser, service has to perform on a certain date, and lease payment Quadriplegic - Spinal cord injury paraplegic Maintain CSP Attending 2 days professional conference % of safety is 50% give 1 point CSP unethical charge Written, notarized and submitted to BCSP- WNS Ethics A science that cannot guide human thought and action and is based only on a description of moral and ethical facts Moral-ethics sources Are combined of Legal, religion, what family and friends believe Communication decency provides immunity from liability for providers and users of an "interactive act 1986 section 230 computer service" who publish information provided by third-party users: Communication decency is an attempt to prevent minors from gaining access to sexually explicit act 1986 Title V materials on the Internet. Exclusive Remedy: State compensation statutes gave employees a definite remedy for injuries and workers' diseases arising out from suffered during their employment, as Another job was provided but for less pay. BCSP Code of Ethics states that I. CSP will place the safety and health of people as paramount. II. CSP will hold the protection of the environment as paramount (environmental protection and compliance are part of the safety professional practice.) III. CSP will work to identify areas where their employer or client is violating safety and health rules and is responsible for advising the employer or client and then helping them to correct them (except in the most extreme situation, the CSP 's responsibility is to the employer or client and must pursue a resolution of the issues in the client’s best interest). IV. CSP will maintain the integrity of the safety practice. V. CSP will responsibly represent their employer or client including defending the employer against citations and fines from regulatory agencies, regardless of the merit of the finding. Work Shift based on the business interest, employee’s desire, and health and safety Indemnity clause on the contract that specific who pays cost of judgement and/or legal defense in event of litigation Indemnification agreement, one party agrees to any specified risk or unspecified liability Constructive discharge: salary reduction, reducing benefit, more work, the employer breach the contracts Social engineering in information security use emotional trigger and other psychological tactics to obtain confidential information The summary judgement court decision made on the motion that there's no reason for trial BCSP Ethics code:   HOLD paramount the safety and health of people, the protection of the environment and the protection of property in the performance of professional duties and exercise their obligation to advise employers, clients, employees, the public, and appropriate authorities of the danger and unacceptable risks to people, the environment, or property  BE honest, fair, and impartial; act with responsibility and integrity. Adhere to high standards of ethical conduct with balanced care for the interests of the public, employers, clients, employees, colleagues, and the profession. Avoid all conduct or practice that is likely to discredit the profession or deceive the public  ISSUE public statements only in an objective and truthful manner and only when founded upon knowledge of the facts and competence in the subject matter, when only authorized by the company.  UNDERTAKE assignments only when qualified by education or experience in the specific technical fields involved. Accept responsibility for their continued professional development by acquiring and maintaining competence through continuing education, experience professional training, and keeping current on relevant legal issues.  AVOID deceptive acts that falsify or misrepresent their academic or professional qualifications. Not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, or past accomplishments with the intent and purpose of enhancing their qualifications and their work.  CONDUCT their professional relations by the highest standards of integrity and avoid compromise of their professional judgment by conflicts of interest. When becoming aware of professional misconduct by a BCSP certificate, take steps to bring that misconduct to the attention of the Board of Certified Safety Professionals  ACT in a manner free of bias, discrimination or harassment on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, veteran status or any characteristic protected by the law of the applicable jurisdiction.  SEEK opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health, and well-being of their community and their profession by sharing their knowledge and skills. Direct costs with an incident such as medical expenses, compensation paid to an injured employee for time away from work, and repair and replacement costs of damaged equipment. These costs are typically covered by insurance. Assumption of Risk: By accepting a job, the employee assumed all risks that came with it. Fellow Servant Rule: A co-worker’s error led to an employee’s injury. An implied warranty claim is based on the implication that a product does not perform as expected. An express warranty claim is based on the expressly stated performance of a product. A negligence claim is based on a manufacturer that knew (or should have known) of defects in a product that caused harm. A strict liability claim is based on a product causing harm without negligent behavior from the manufacturer. The complaint is the filing of the lawsuit. Discovery is the process of searching for and evaluating evidence. The trial is process of both sides presenting their case in court. A settlement may be reached at any time before a verdict. Many cases are settled before trial, but not all cases reach a settlement. Obvious Peril: A manufacturer would not have to label a large-bladed hunting knife because the object involved obvious peril. Sometimes called an obvious hazard that is well known to the public. Insider trading: trades conducted based on non-public information that places the non- informed at a disadvantage The Good Samaritan law  The helper obtain the permission of an ill or injured victim when possible  Care is provided in appropriate manner  Care is required due to situation being an emergency  Trained responders have not yet arrived Implied warranty is the implication by a dealer that the product will serve a specific purpose placing it on sale for that purpose. advertising it for that purpose. indicating in books or manuals that it will operate in a manner that could reasonably be interpreted as being suitable for that purpose. The insurance contract include: Declarations: identify who is an insured, insured's address, insuring company, what risks or property are covered, policy limits (amount of insurance), any applicable deductibles, policy period, and premium amount. These are usually provided on a form that is completed by the insurer based on the insured's application and attached on top of or inserted within the first few pages of a standard policy form. Definitions define important terms used in policy language. Insuring agreement: describes the covered perils, or risks assumed, or nature of coverage, or makes some reference to the contractual agreement between insurer and insured. It summarizes the major promises of the insurance company, as well as stating what is covered. Conditions: provisions, rules of conduct, duties, and obligations required for coverage. If policy conditions are not met, the insurer can deny the claim. Exclusions: negates coverage from Insuring Agreement by describing property, perils, hazards, or losses arising from specific causes that are not covered by the policy. Endorsements: additional forms attached to the policy form that modify it in some way, either unconditionally or upon existence of some condition. Endorsements can make policies difficult to read Attractive nuisance: It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. According to the BCSP Code of Ethics, a CSP should accept responsibility for their continued professional development by acquiring and maintaining competence through continuing education, experience, professional training and keeping current on relevant legal issues. Even if you explain the conflict of interest to the management it’s not acceptable to continue the job. Evidence gathering in discovery stage Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products - see Products Liability). Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical injury is required, but the actor must have intended to cause a harmful or offensive contact with the victim and the victim must have thereby been put in immediate apprehension of such a contact.