In this scenario, to what extent do you think allowing the crew into the trench without a trench box would be pushing (or exceeding) the limit?
Considering the scenario, allowing the crew into the trench without considering the nature of the soil would mean exceeding the limit. If the soil type of the area is weak or very moist, it is likely that the excavation fall would be experienced; this would, therefore, mean that the lives of the crew would be endangered. Another case would involve letting the crew into the trench for a longer period of time. The more the time that a worker would take inside the trench, the higher the risk of anticipated fall (Rivara & Thompson, 2000). In this case, the workers assert that they would take only 30 minutes to fix the sewer line; if this time is to be exceeded or is close to the stand-up time, then there would be high risk of fall.
Discuss any ethical grey areas in this scenario?
There are several grey areas identified in the scenario. First, the City Administrator is pushing Jerry to fix the sewer line since one of the members of City Council is using the line and if not fixed within the deadline it would cause a fuss. Amidst the fact that the administrator understands the need to follow occupation health and safety regulations, he still wants the sewer line to be fixed. Another grey area identified in the case study is the worker suggesting that the sewer line could be fixed even without the trench box. He claims that the crew has always done this more so if the procedure is to take less than 30 minutes. Furthermore, it is also clear that the Occupational Safety and Health Administration (OSHA) does not have jurisdiction over municipalities in Nebraska because municipalities are political subdivisions of the State. Thus, even without adhering to the OSHA rules, Jerry and his crew would not be liable for any violations.
What in your mind is the right thing to do?
Due to the urgency of the problem and the need to fix the sewer line, it is important that the crew be allowed to get into the trench, but only with minimal risks. A key action that must be considered is ensuring precautionary measures are taken. First, it is important to identify the type of soil that is related to the trench excavated since soil types vary from one place to another. The soil type is very important to determine where it is likely to cause accidents (Rivara & Thompson, 2000). Moist clay or loose sandy soils, for instance, are more likely to result in slides which may present high risk to the workers. In addition, the region should be considered an exclusion zone for any hazardous noise of vibration activities; this will increase the safety of the crew as there would be no stimulated fall.
Determining the stand-up time is also necessary. This is the time which elapses from the time that the digging of the trench is conducted until the time the walls begin to collapse. This time is usually dependent on key factors including the type of soil, the water content, the depth of the trench, the weather patterns and if there has been previous disturbance with the soil in the past. Stand-up time could be as short as 0 or could be long as much as 8 months although this is challenging to predict (Rivara & Thompson, 2000). Thus, a qualified surveyor or geologist should be hired to check if the trench dug has a greater stand-up time; if this is the case, the workers could fix the sewer line without the use of the trench box. To test the time, soil samples are usually taken for measurement.
What is the value of having an ethics program (and related programs like safety programs) and what are the responsibilities of front line leaders/supervisors and the workers when they face dilemmas such as the one described?
At the workplace, ethics program is essential to create positive ambience within the working environment. The ethics and codes of conduct results in employee satisfaction as they would develop attachment and feeling of loyalty towards the organization (Snell, 2013). The programs also ensure that the leaders mentor and guide their employees well; employees would be treated equally and consider their perspectives in decision making. The role of the management is to ensure that the ethics program is implemented and that there is inspiration for the employees to adhere to the ethics conduct (Henle, Giacalone, & Jurkiewicz, 2005). All leaders must strictly follow the regulations and rules in the ethics program in order for the employees to follow the same. In addition, the leaders have the responsibility of explaining the program requirements and significance so that the employees understand the need for adhering to ethical conducts (Brown & Treviño, 2006). The employees, on the other hand, have the role of ensuring that they strictly follow the ethics guidelines and understand their value at the workplace. Ethics guide all individuals at the workplace to make decisions in cases of dilemma as in the scenario described.
References
Brown, M. E., " Treviño, L. K. (2006). Ethical leadership: A review and future directions. The leadership quarterly, 17(6), 595-616.
Henle, C. A., Giacalone, R. A., " Jurkiewicz, C. L. (2005). The role of ethical ideology in workplace deviance. Journal of Business Ethics, 56(3), 219-230.
Rivara, F. P., " Thompson, D. C. (2000). Prevention of falls in the construction industry: evidence for program effectiveness. American journal of preventive medicine, 18(4), 23-26.
Snell, R. (2013). Teaching rules-based and values-based ethics. Journal of Health Care Compliance, 15(1), 29-32.
