Which of the following would be the best example of an outcome of operational risk?

One of the biggest operational risks to water companies arises from their ability to control the day-to-day management and optimisation of their water treatment systems.

From: Computer Aided Chemical Engineering, 2015

Risk-Centered Maintenance

Yong Bai, Wei-Liang Jin, in Marine Structural Design (Second Edition), 2016

Operational Risk Assessment

Operational risk assessment is performed in process critical equipment and facilities. Its objective is to focus the maintenance resources (money and labor) on the plants that have the highest risk. Operational risk assessments start with data gathering and evaluations. The data used for an operation risk assessment is usually collected during the equipment/facility operations. There are three major contributors to the operational risk, namely:

Equipment: There is no doubt that the equipment is a major contributor to the operational risk. Equipment is operated by humans, in order to produce products. Maintenance activities are performed on all equipment.

Production: Loss production (including scheduled maintenance and turnaround) and product quality below standards are an operational risk. Production loss may be due to equipment failure, lack of raw material supplies, shortage in packaging, or shipping and storage.

Human: Humans are the key contributors to operational risk. People often cause system failure and make up costs when equipment fails, and production is reduced, for example, in terms of labor costs.

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The economics of nuclear power: past, present and future aspects

RognerH.-H. , in Infrastructure and Methodologies for the Justification of Nuclear Power Programmes, 2012

15.4.4 Operational

Operational risks relate primarily to operational unreliability due to unplanned outage. High fixed costs combined with unit sizes often counted in multiples of fossil and renewable plant capacities make the unavailability of a nuclear generating station a costly affair. In addition to lost revenues, utilities that sold their electricity under long-term power purchase agreements may be forced to provide high-cost replacement power from other generators. Operational risks are generally less an issue for utilities with a sufficiently large portfolio of generating capacities.

Plant operating safety is a non-negotiable prerequisite for a profitable nuclear power plant. A plant that is found to be not in compliance with operating safety regulations will be shutdown by the national regulatory authority and a shutdown plant does not earn revenues. Moreover, regulatory oversight and, if necessary, intervention also protects the utility’s revenue generating asset from potential serious damage and long-term unavailability. An operational risk exists, however, if regulatory intervention is politically motivated and not exclusively safety related.

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URL: https://www.sciencedirect.com/science/article/pii/B9781845699734500152

PROBABILISTIC RISK ASSESSMENT AND RISK MANAGEMENT

M.T. Todinov, in Risk-Based Reliability Analysis and Generic Principles for Risk Reduction, 2007

4.5 RISK MANAGEMENT

Managing operational risks is at the heart of any management strategy related to production assets. Controlling operational risk depends on measuring it, understanding it, and knowing how to reduce it. Consequently, the process of managing operational risk can be summarised by the following stages:

Risk assessment and risk prioritising:

Identification of possible failure scenarios.

For each failure scenario estimating its likelihood and consequences (impact).

Prioritising risks according to their magnitude.

Estimating the total risk. Assessing to what extent risk can be managed and selecting appropriate risk response strategy:

Avoiding the risk.

Reducing the risk through appropriate risk reduction measures and techniques.

Accepting the risk.

Transferring the risk partially or fully to another party (e.g. transferring the risk by contracting, through purchasing insurance, warranties, etc.).

Spreading the risk (e.g. by a joint venture, alliances, risk apportionment through contracts between several parties, etc.).

Implementing the selected response strategy, reviewing and maintaining the implemented measures.

Central to the risk management is assessing to what extent risk can be managed and selecting appropriate risk response strategy. Avoiding the risk altogether is the best prevention measure because it eliminates the cause of risk. Thus, the risk of chemical poisoning is avoided if non-toxic substances are used. The cost of risk avoidance is often very small compared to the cost of the consequences should the risk materialises. Just as it is in the all-familiar case, where the extra few minutes to check the traffic route before leaving to the airport and selecting an appropriate alternative route, avoids the cost of missing the flight and its consequences.

The problem with the risk avoidance strategy is that it is not always possible or appropriate for every risk. As a result, various risk reduction measures are implemented.

In cases where the intervention for repair is very difficult or very expensive (e.g. deep-water oil and gas production), preventive approach to risk reduction should be used which consists of reducing the likelihood of failure modes. Preventive measures should be preferred to protective measures wherever possible because while protective measures mitigate the consequences from failure, preventive measures exclude failures altogether or reduce the likelihood of their occurrence.

Protective measures are often preferred in cases where the likelihood of failure is significant and little or no control over the failure occurrence exists. Protective measures are also efficient against low-probability high-impact events.

A basic step of the risk management is the identification of as many as possible failure scenarios, assessing their likelihood and impacts. After the total risk associated with the identified failure scenarios has been estimated, the focus is on making a decision. If the risk is low, the risk is accepted and no further action is taken. Otherwise, the risk must be transferred, spread or reduced.

If the risk can be managed easily by a risk reduction, a large total risk would require selecting and implementing appropriate risk reduction measures.

After assessing the risks corresponding to the separate failure scenarios they are prioritised. The risks piCiassociated with the separate failure scenarios are ranked in order of magnitude. A Pareto chart can then be built on the basis of this ranking and from the chart, the failure scenarios accountable for most of the total risk are identified (Fig. 4.12). Risk reduction efforts are then concentrated on the few failure scenarios accountable for most of the total risk.

Which of the following would be the best example of an outcome of operational risk?

Figure 4.12. Ranking the risks of failure associated with the identified failure scenarios.

Deciding upon and selecting particular risk reduction measures may not necessarily reduce the total risk. Indeed, a common situation during the design of complex systems exists when design modifications to eliminate a particular failure mode often create another failure mode. In order to reduce the possibility of introducing new failure modes, each time after

Appropriate risk reduction measures are identified which will reduce the risks associated with these few failure scenarios. Next, new failure scenarios are identified, and the total risk is estimated and assessed again. This iterative process continues until the risk-assessment procedure indicates that the total risk is acceptable. Consequently, the process of risk reduction can be described by the block diagram in Fig. 4.13, the main feature of which is the iterative loop related to selecting appropriate risk reduction measures. deciding upon and selecting appropriate risk reduction measures (e.g. a design modification), possible failure scenarios are identified and assessed again. Furthermore, risks are often interrelated. Decreasing the risk of a particular failure scenario may increase the risk of other failure scenarios. Thus, building a tourist attraction on a remote place with sunny weather reduces the risk of reduced number of customers due to bad weather but simultaneously increases the risk of reduced number of customers due to higher transportation expenses (Pickford, 2001). The only protection against interrelated risks is integrated risk management which includes assessment of all individual risks and the total risk after deciding upon each risk reduction measure.

Which of the following would be the best example of an outcome of operational risk?

Figure 4.13. A block diagram of risk management through risk reduction.

Risk can be reduced from a level K to a lower level K’ either by reducing the loss given failure or by reducing the probability of failure or by reducing both (point A in Fig. 4.14).

Which of the following would be the best example of an outcome of operational risk?

Figure 4.14. Different ways of reducing the risk from an initial level K to a level K’ (K > K’).

For a single failure scenario, the risk reduction is (Fig. 4.15)

Which of the following would be the best example of an outcome of operational risk?

Figure 4.15. A risk reduction from level K = pfC to a level K’ = (pf − Δpf)(C − ΔC).

(4.26) ΔK=K−K'=pfC−(pf−Δpf)(C−ΔC) =ΔpfC+ΔCpf−ΔpfΔC

The selected approach to risk reduction is dependent on the risk profile. In case of a large loss given failure, the risk is very sensitive to the probability of failure and relatively insensitive to the loss given failure. Indeed, as can be seen from point C in Fig. 4.14, for a large cost given failure, a relatively small reduction in the probability of failure yields a significant reduction of the risk.

Risks can also be reduced by reducing the loss given failure (point Bin Fig. 4.14). A risk reduction of magnitude ΔK can be achieved solely by reducing the probability of failure by Δpfm= ΔK / C. Conversely, the same risk reduction ΔK can also be achieved solely by reducing the loss given failure by ΔCm= ΔK/Pf (Fig. 4.14, point A). The same risk reduction ΔK can be achieved at various combinations of the probability of failure Δpfand the losses from failure Δ C which vary in the intervals 0 ≤ Δpf≤ Δpfmand 0 ≤ ΔC ≤ ΔCm. The decision regarding which type of risk reduction should be preferred depends also on the cost of investment to achieve the reduction. In other words, the values Δpf and ΔC should be selected in such a way that the risk reduction ΔK is achieved at minimal cost.

From equation 4.26, for M mutually exclusive failure scenarios, the expression

(4.27)ΔK=K−K'=∑i=1MΔpfiCi+∑i=1M ΔCipfi−∑i=1MΔpfiΔCi

is obtained for the risk reduction, where Δpfiand ΔCivary in the intervals 0 ≤ Δpfi≤ Δ K / Cimand 0 ≤ ΔCi≤ ΔK/pfim. Again, the values Δpfiand Δ Cishould correspond to a risk reduction ΔK achieved at a minimal cost.

An optimum balance of the expenditure Q towards a risk reduction and the total risk of failure K must be achieved wherever possible. Too little investment towards risk reduction results in too large risk of failure. Too large investment towards risk reduction means unnecessary costs which cannot be outweighed by the risk reduction. The right balance is achieved at the optimum level of expenditure Q*which minimises the total cost G = Q + K (Fig. 4.16).

Which of the following would be the best example of an outcome of operational risk?

Figure 4.16. Total cost as a function of the expenditure towards risk reduction. The optimal expenditure towards risk reduction Q* corresponds to the minimum total cost.

Consider for example a problem from risk-based inspection related to determining the optimum number of independent inspections which minimises the sum of the cost of inspections and the risk of fatigue failure.

Failure is caused by a particular defect and is associated with expected cost with magnitude C. Let p denote the probability that such a defect will reside in the high-stress region of the component and will certainly cause fatigue failure if it goes unnoticed during inspection. Each independent inspection is associated with probability q that the defect will be identified given that it is present in the inspected region. Consequently, given that the defect resides in the high-stress region of the component, the probability of missing it after n independent inspections is (1 − q)n. The probability that the defect will be present in the high-stress region after n inspections is p(1 − q)nwhich is the product of the probability that the defect will reside in the high-stress region and the probability that it will be missed by all independent inspections. Suppose also, that the cost of each inspection is Q. The risk of failure after n inspections is then p(1 − q)n C, because p(1 − q)nis the probability of failure of the component. The risk of failure decreases exponentially with increasing the number of inspections (Fig. 4.17).

Which of the following would be the best example of an outcome of operational risk?

Figure 4.17. Total cost versus number of inspections.

The cost of inspection is nQ, and increases linearly with increasing the number of inspections (Fig. 4.17). The objective function f (n) to be minimised is the total cost, which is a sum of these two costs

(4.28)f(n)=p(1−q)nC+nQ

where n can only accept integer non-negative values in the range n = 0, 1, 2, …, nmaxwhere nmaxis an upper limit of the possible number of inspections. The optimal number of inspections nopt minimising the total cost (expenditure) can then be determined easily by using a standard numerical algorithm for non-linear optimisation (Press et al., 1992).

Figure 4.17 represents the function f (n) for the numerical values p = 0.05, q = 0.7, C = $30,000 and Q = $200.

As can be verified from the graph, the minimum of the total cost is attained for n = 2 independent inspections. A smaller number of inspections is associated with greater total cost because of the greater risk of fatigue failure. Similarly, a larger number of inspections is also associated with greater total cost because of the excessive cost of inspections which cannot be outweighed by the risk reduction.

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Venture Risk Management

Thomas N. Duening Ph.D, ... Michael A. Lechter, in Technology Entrepreneurship, 2010

14.3 Operational Risks

Although the operational risk to conducting business is substantial, there are direct and specific actions ventures can take to minimize those risks. Here, we discuss four specific approaches that will help a start-up technology venture limit its exposure to legal risks:

1.

Venture governance

2.

Investor relations

3.

Human resources management

4.

Founding and ongoing legal counsel

14.3.1 Venture Governance

In the twenty-first century, all firms, large and small, must pay attention to sound corporate governance. In 2008, the world was rocked by rapidly declining stock markets, and a number of high-profile business scandals. In the United States, former NASDAQ chairman Bernard Madoff admitted to running a $50 billion Ponzischeme investment house.8 The failure of investors and government agencies to uncover his scheme during its more than 20 years of fraud will surely lead to new regulations about governance. In 2000, for example the collapse of Enron led to the development of the Sarbanes-Oxley regulations for corporate governance.9 These regulations have placed significant new governance and disclosure burdens on public companies. The intent of the regulations is to ensure that investors are aware of and can make informed investment decisions based in part on how a company governs itself.

The need for effective governance also is a global issue. In early 2009, India's financial markets were stunned to learn that one of its star performers, Satyam Computer Services Ltd., was based on fraudulent profits.10 Satyam's founder and CEO B. Ramalinga Raju confessed that he had been “cooking the books” for several years. As a result of this revelation, India is moving quickly to boost its oversight of corporate governance and accounting practices. The nation's leaders are concerned that global investors and business interests will lose confidence in conducting business in India.11 Sound corporate governance and assertive oversight, including the ability to uncover and punish wrongdoers, is critical to creating that confidence.

Although effective governance begins with compliance with legal regulations, in many cases, it goes far beyond that. For example, organizations around the world are being evaluated by their commitment to “sustainability” and environmental issues. These pressures don't necessarily come from regulatory agencies; they are often local or national political concerns. Still, start-up ventures must be alert to issues that are important to market participants. Running afoul of these issues—such as being perceived as unconcerned about the environment—could be bad for future business. On the other hand, it may be smart to take advantage of prevailing market opinions. For example, currently it is possible to build goodwill for the venture by indicating a commitment to “green” concerns and issues.12 Of course, this goodwill could immediately be withdrawn if a venture didn't follow through with its stated commitments.

Venture governance practice and philosophy should include a number of tactics and approaches. In the early stages, most technology entrepreneurs have a number of pressing concerns on their minds. Often, the establishment of sound governance procedures is overlooked as other urgent issues capture attention. Yet, experienced entrepreneurs attest to the importance of laying a solid foundation for effective governance during the early stages of the venture's life.13 This often begins with the formulation of a compelling mission statement and vision for the venture.

Mission and vision

Sound corporate governance begins with a mission statement. A venture's mission statement can have significant meaning to stakeholders. On the one hand, simply having such a statement indicates a level of maturity and sophistication that is common to larger, more well-established ventures. The venture's mission statement should be achievable and should be clearly and succinctly written. A mission statement should avoid trite and unachievable assertions, such as “global leader” or “best in the world.” These are meaningless and, in practice, would be impossible to measure and evaluate. The best mission statements are focused on customers, and how the venture is dedicated to excelling in serving them. Exhibit 14.1 is the mission statement for biotech firm Genentech.

Which of the following would be the best example of an outcome of operational risk?

Exhibit 14.1. The Genentech Mission Statement.

A basic governance philosophy and code of ethics or statement of company values might also be formulated and used to guide the venture's decision making. Exhibit 14.2 provides the governance principles behind Dell Computers.

Which of the following would be the best example of an outcome of operational risk?

Exhibit 14.2. Dell Computers Governing Principles.

Of course, simply formulating a mission statement and code of ethics is just the beginning of effective venture governance. In addition to these statements, ventures need to establish lines of authority, accountability, and responsibility. This can be enhanced by developing an ultimate authority in a governing board of directors or board of advisors. We turn next to the role of governing boards in venture risk management.

Governing boards

Among the governance tactics that should be initiated in the early stages is an independent sounding board for strategic and financial decision making. Subchapter C- and S-corporations are required to establish a formal board of directors. Legally, a board of directors has fiduciary responsibility for the venture. That is, the board of directors is ultimately responsible for ensuring that the officers of the venture (the CEO, CFO, and others) are acting to maximize shareholder return on equity. The members of the board of directors have two principal duties that they must uphold: a duty of care and a duty of loyalty. Duty of care means the directors are appropriately focused on growing the value of the venture. Duty of loyalty means the directors will not disclose trade secrets or in any other way diminish the competitive advantage of the venture.

If the venture is organized as an LLC or partnership, a board of directors is not required by law. Instead, such a venture may elect to establish a board of advisors to assist in strategic and financial decision making. A board of advisors does not have fiduciary responsibility in the way that a board of directors formally does. In other words, there is no legal requirement for a member of a board of advisors to uphold the duties of loyalty and care. Nonetheless, a board of advisors can provide an independent “sounding board” for a venture's leadership team. It is up to the venture leaders to determine how much it will adhere to the advice of the board of advisors. This can be formalized by establishing board voting and decision-making protocols. With such protocols in place, the officers of the venture would be less likely to act contrary to board advice. Tech Tips 14.1 offers some advice for establishing an effective board of advisors for your growing venture.

Tech Tips 14.1

Developing an Effective Board of Advisors
1.

Recruit advisors for short-term objectives: Don't recruit advisors who will help you with future products or future markets. Focus on the short term and determine what skills, introductions, and knowledge you will need to accomplish your immediate business objectives.

2.

Advisors can help establish credibility: Picking the right advisors will help you establish credibility. In fact, it is often easier to persuade industry luminaries and prominent experts to join your advisory board than it is to persuade operational executives who are not used to the idea of devoting personal time to serve on boards.

3.

Look for advisors in unusual places: If your business has industry conferences or training workshops, this is one place to start looking. Ask your relatives and friends if anyone they know has started a comparable business. Talk to potential suppliers for introductions.

4.

A free lunch is often a better motivator than equity: There is no standard compensation scheme for advisors because it depends on how many advisors you need, how much time they will devote, and what kind of company you have. For example, a rule of thumb for high-growth ventures is 1.0–2.5% of share capitalization for all advisors. If you are too early stage to put together an equity compensation plan, you should consider making a small cash payment to your advisors.

5.

Don't treat advisors like employees or suppliers: Even if you are paying them, it is difficult to hold advisors accountable in practice. This is because most advisors have income from other sources and will treat your business as a part-time hobby or casual business interest.

6.

Set term limits: Much like board members have term limits, advisory board roles should also have term limits. Some advisors will become very involved with your business, will take on the role of passionate advocates, and will want to renew their engagement.14

Whether the venture is required to have a formal board of directors or it elects to operate with a board of advisors, there are techniques for effective board management that should be observed. These techniques include the following (on page 468):

Develop formal guidelines for board membership and turnover. Board members should be aware of their responsibilities and the length of time for which they have been appointed.

Establish protocol for voting on matters brought to the board.

Keep minutes of each board meeting and record the resolutions and actions of the board.

Distribute the minutes of each meeting to board members for their independent review and approval.

Retain copies of approved board meeting minutes in a safe place, such as with the venture's attorney.

Whether the venture develops a formal board of directors or a more informal board of advisors, it is always good practice to ensure that board member interests are aligned with those of the venture. One common technique for creating this alignment is through ownership incentives. Board members for start-up ventures normally will not require financial compensation, and for many qualified board members, that would have limited incentive anyway. More likely, board members will be motivated by equity in the venture. Technology entrepreneurs can use equity to entice key board members to join, and then use a vesting schedule to link them to the venture and its performance over an extended period. Often, technology entrepreneurs will provide a small equity grant to key individuals to entice them to join the board, and then put a vesting schedule in place for the board member to earn additional equity on the basis of individual and venture performance.

14.3.2 Investor Relations

Investor relations is commonplace in large, publicly traded firms. Go to the web site of nearly any large public corporation, and you will likely find a section dedicated entirely to investor relations. Typically, the site will include corporate information such as annual and quarterly reports and the latest price of the company's common stock. Often, such sites will also include biographical information about the company's officers and directors. It may also include special statements about the firm's governance philosophies and practices, its values and mission, and other things that would be of interest to current and potential investors.

Publicly traded companies undertake vigorous investor relations programs in part to comply with federal and other regulations regarding disclosure. Still, most firms go beyond compliance in their investor relations efforts because such efforts can help the firm reduce financial risk.

Although most start-up ventures do not have the same compliance burdens as do large, publicly traded companies, it is not a bad idea to establish some investor relations tactics as part of a comprehensive risk mitigation strategy. At the least, a start-up venture should dedicate a portion of its web site to investor relations if it is serious about managing its existing investors and concerned that it may need new investors in the future. Tech Tips 14.2 highlights some things a start-up venture might include in the “investor relations” section of its web site.

Tech Tips 14.2

Items for Investor Relations

For start-up ventures, an investor relations section of its web site might include the following:

A dated copy of the business plan or, as an alternative, a brief executive summary

Information about who to contact about a possible investment

Mission statement and governance philosophy

Biographical information about the officers and advisors or directors

An annotated timeline of the venture's history and milestones

An overview of professional partners, such as legal and accounting firms

Of course, the investor relations section of the venture's web site must be in compliance with SEC regulations concerning stock offerings and fund raising. In very general terms, a venture must not publicly solicit investment. Still, it is within the boundaries of SEC regulations for a venture to list contact information in the case that someone has been investigating the venture and wants to inquire about potential investing opportunities.

Ventures can make their business plans available via their investor relations web site. However, consideration should be given to whether competitive advantage is compromised by doing so. For example, if the business plan contains proprietary information about technology or strategy, it should not be publicly disseminated. Business plans with that level of detail are usually only distributed as numbered copies to select, prescreened individuals. In lieu of the full business plan, ventures should at least have a short executive summary available for downloading from the web site.

14.3.3 Human Resources Management

Human resources management may very well be the most difficult challenge for leaders of technology ventures.15 Growing ventures typically have employees who depend on it for career growth, including compensation, personal development, and, quite often, health and other benefits. Because business wields such great power over personal career paths, the federal government has enacted a series of laws to ensure that individuals receive fair and equal treatment in the workplace. It should be relatively easy to understand how a business with a bias against a certain type of employee could have a negative influence on the careers of people of that type. For example, a business that resisted working with people from a certain ethnic group could pass over such individuals for employment. Without legal recourse, such individuals would be powerless to change their situation.

In 1964, the U.S. federal government passed the Civil Rights Act. Title VII of that act expressly addresses employment issues and prohibits discrimination based on race, color, religion, sex, or national origin. Since that landmark act was adopted, the federal government in the United States has created additional laws that prohibit employment discrimination, including:

Sexual harassment

The Age Discrimination in Employment Act

The Americans with Disabilities Act

The Family and Medical Leave Act

Hiring and firing employees

These various federal statutes have been developed explicitly to protect certain classes from discriminatory practices in the workplace. They are generally enforced by the Equal Employment Opportunity Commission (EEOC) and apply to most businesses with 15 or more employees.

Entrepreneurs should become familiar with each of these employment-related federal laws. For the most part, EEOC laws are based on common sense—treat everyone fairly. However, they can be complicated, and it is not uncommon for entrepreneurs to unwittingly run afoul of workplace antidiscrimination laws.

Another very sensitive area of employment law involves hiring and firing employees. Venture managers must take care that the employee selection process does not illegally discriminate against a protected class of individuals, as defined by the Civil Rights Act of 1964. For example, if a manager didn't want a certain type of person working in the organization, one criterion for employment might be whether a prospective employee could lift 100 pounds over his or her head. Clearly, some classes of individuals are less qualified to fulfill this requirement than others. Managers certainly can invoke such terms of employment; however, the terms must be related to actual requirements of the job. The EEOC refers to such criteria as bona fide occupational qualifications (BFOQ). Any employment criteria that are not BFOQs could lead to lawsuits based on employment discrimination. Thus, venture managers must develop job descriptions and hiring criteria that are clear and accurate reflections of actual job requirements.

The simplest way to summarize the intent of employment laws is fairness. Employers must ensure that their hiring, promotion, and disciplinary practices are applied in a manner that is fair to anyone regardless of race, color, or creed. As stated above, job descriptions and advertisements for positions must be highly correlated to actual job requirements.16 With that in mind, it is a good idea for entrepreneurs to develop objective measures of an individual's conformance to those requirements. For example, if programming is involved in the job, a performance test to demonstrate competence would be objective and measurable. In contrast, merely observing an individual's ethnic background to determine whether they are capable of programming could lead to trouble.

In promoting individuals, managers must also use objective observations of past performance in assessing an individual's fitness for the new job. Promoting from within the company is similar to hiring new staff. Criteria used for making promotion decisions must be related to the job being filled, and the more objective criteria that can be applied, the better. Of course, all hiring and promotion decisions will involve some subjective element. Nonetheless, the threat of an EEOC lawsuit can be minimized by including objective criteria in the decision process.

Disciplining employees is another source of legal tangles for venture managers. As with hiring and promoting, the most important concept to keep in mind when disciplining employees is fairness. Some entrepreneurs get into difficulties when they discipline employees for behaviors that have not been proscribed. For example, disciplining an employee for making a personal call on company time could lead to problems if there is no clear organization-wide policy prohibiting such calls. Many firms have employee manuals and/or orientation sessions to inform employees of workplace norms and rules. Such communications can be supplemented with regular memos, policy statements, or other official means of keeping people informed of their professional obligations to the venture.

Terminating employees

Terminating employees is handled differently by different organizations. For example, one major software producer, in the middle of the 2008 economic recession, abruptly terminated a large number of staff. Their technique was to have security guards roam in pairs throughout the building, approach the cubicle of the person being terminated, and escort them to the parking lot. While humiliating and unnerving, there is nothing illegal about this approach. Of course, the company lost a lot of goodwill both among those terminated and those left behind. Smart managers realize that economic cycles may return in their favor and they will once again want to recruit good people. That is less likely to happen if the firm establishes a reputation for treating people in a humiliating manner.

The example above is one where termination was used to reduce costs during a financial crisis. Legal rules provide wide latitude for organizations to fire (or lay off) employees to avert a financial disaster. On the other hand, terminating employees for behavioral problems or workplace rules violations must be handled with care as wrongful termination lawsuits can be expensive. Some states follow “at will” employment laws, which heavily favor the employer. Others follow the Model Employment Termination Act that states: “An employer may not terminate the employment of an employee without just cause.”17 Just as managers must skillfully measure and collect data on an employee's performance prior to a promotion, they must use the same care in the case of employee termination. The more data a manager has when terminating an employee, the less the exposure to a damaging lawsuit. If proper progressive discipline procedures are followed, the data will have been collected and available in the employee's file.18 Tech Tips 14.3 offers advice on what to do and what not to do when terminating employees.

Tech Tips 14.3

Dos and Don'ts for Terminating Employees
What to Do1.

Make the firing decision carefully, but once made, act quickly.

2.

If firing due to performance-related reasons, ensure that multiple meetings have been held with the employee prior to making the firing decision to address and correct the performance issue.

3.

Be respectful and discreet when having the termination meeting. The meeting should preserve the dignity of the employee.

4.

Ensure that your severance or notice arrangements meet legal requirements.

5.

Ensure that you have a written termination letter and release that documents the terms and conditions of the termination.

What Not to Do1.

Don't get personal. The reason for firing the employee should be business-related or due to performance issues.

2.

Don't make a decision to terminate for cause without conducting a proper investigation. The decision should be based on objective facts, not one or two individual opinions or stories.

3.

Don't hold the termination meeting in a public place.

4.

Don't go into a termination meeting unprepared. Prepare the written letter, rehearse what you will say, how you will say it, and in what sequence.

5.

Don't get defensive or debate the merits of the firing decision with the employee. Allow the employee to react and raise questions, be understanding and sympathetic, but reinforce that the firing decision is definite and final.19

Every venture that operates anywhere in the world is exposed to legal risk. Simply engaging in commerce exposes the venture, its officers, and its representatives to legal risk. Lawsuits can be brought by nearly anyone against a venture for an increasingly wide range of transgressions. For example, according to an annual survey of legal activity in the United States, 83% of in-house counsel reported at least one fresh case commenced against their company in 2006–07, with 25% counting more than 20 new suits. Larger enterprises are targeted more often. Only 3% of billion-dollar companies managed to get through 2007 without being named a defendant; 50% were served with at least 20 new actions, including a third hit more than 50 times. Alternatively, 44% of companies under $100 million made it through 2007 without a single new suit and only 2% saw more than 20 new cases.20

A law is a standard or rule established by a society to govern the behavior of its members. Federal, state, and local governments, constitutions, and treaties all establish laws. So do court decisions. Laws have a direct and substantial impact on how business firms conduct various activities. In this section, we discuss some of the basic concepts of law, including the sources of law, the U.S. court system, and laws affecting business.

The U.S. Constitution specifies how the U.S. government must operate. It is also the foundation of U.S. law. Federal and state constitutions provide the framework for the various levels of government, which derive laws from three major sources: common law, statutory law, and administrative law.

Common law

The body of law created by judges through their court decisions is known as common law. On the basis of custom, usage, and court rulings of early England, common law came to America when the first colonies were established and has become a major body of law in the United States. Judicial decisions establish precedents, or standards, that later are used to help decide similar cases. Lawyers are trained to research and use precedents in their litigation and prosecution functions, and judges use precedents to help guide their decisions. The use of precedents provides a measure of certainty and stability to many areas of law. This evolutionary nature of common law gives business owners the confidence to innovate and take risks. They can do so because courts rarely upend precedents and take illogical actions. Business owners can be confident that their transactions will be interpreted according to established procedures and rulings. By way of contrast, imagine a legal system where laws were constantly changing. What do you think would happen to innovation in such a system?

Statutory law

A law created by a federal, state, or local legislature, constitution, or treaty is called a “statute.” Together, the laws enacted by the various legislative bodies make up statutory law. A statute must be drawn up in a precise manner to be constitutional. However, courts must interpret a law's meaning and its actual consequences are played out in common law. Court decisions sometimes lead to statutes, being changed, clarified, or even dismissed entirely.

Many statutes pertain to the business environment or business practices. Congress, for example, passes laws establishing tax regulations for individuals and businesses. State legislatures and city councils also pass laws regulating general and specific business practices. For instance, many cities enact zoning laws to control the type of business activity that can legally take place in certain geographic regions.

An important part of statutory law is the Uniform Commercial Code (UCC), a collection of statutory laws designed to simplify commerce by eliminating differences between state laws governing business. The UCC, consisting of 10 articles, covers the rights of buyers and sellers in transactions. Drafted in 1952, the UCC has been adopted in its entirety by every state except Louisiana (which has adopted about half of the code). Each state has unique adaptations of the code to fit its own common law findings. Generally, business owners can access a state's UCC through that state's Secretary of State office.

Administrative law

Regulations passed by state and federal administrative agencies are included in administrative law. Numerous administrative agencies enforce laws affecting business. Federal agencies with extensive powers include the Federal Trade Commission, the Consumer Product Safety Commission, the Federal Communications Commission, and the Food and Drug Administration. Agencies on the state level include public utility commissions, licensing boards for various professions and trades, and other regulatory bodies. Some examples of local agencies are planning commissions, zoning boards, and boards of appeal.

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URL: https://www.sciencedirect.com/science/article/pii/B9780123745026000249

12th International Symposium on Process Systems Engineering and 25th European Symposium on Computer Aided Process Engineering

Folashade Akinmolayan, ... Eva Sorensen, in Computer Aided Chemical Engineering, 2015

Abstract

One of the biggest operational risks to water companies arises from their ability to control the day-to-day management and optimisation of their water treatment systems. With emerging pressures to remain competitive within national and global markets, companies are looking for solutions to be able to make predictions on how their chosen treatment processes can be improved. The objective of this work is to develop a detailed mathematical modelling methodology of a conventional clean water treatment plant which includes detailed models of each of the key processing unit operations. The methodology is first validated by individual unit examples based on experimental data from literature, before the operation of a complete water treatment plant is considered.

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URL: https://www.sciencedirect.com/science/article/pii/B9780444635761501175

Crude oil

In Rural Electrification, 2021

3.8.5 Process safety

Process safety is the key to managing operational risk; where this fails, major disasters such as Deepwater Horizon, Buncefield, Texas City refinery, Alpha Piper, and Jaipur occur. These incidents build upon each other in the minds of the public and politicians, with individuals called to account and no longer protected by the collective corporate responsibility. This leads to increased scrutiny through regulation and compliance orders, which, in turn, can undermine investor confidence in refineries and refiners, irrespective of whether the operation is making good financial returns.

Predicting whether tomorrow will be an incident-free day is the challenge, and which begs two further questions of how this will be achieved and how we can measure this achievement.

Achieving that flawless refinery operation, to achieve operational excellence is probably not going to happen without the use of a conceptual model or structural framework. From the identification of risk and assessing that risk for probability and impact, through risk mitigation measures, to a constant review and improvement process would be the basis of such a conceptual framework.

Using a framework or structure will permit the measurement of how well the refinery is doing on an absolute scale and thereby identifying areas for concern within a process safety profile. By benchmarking within the refinery's peer group, a relative measure can also identify just how well the safety and operational integrity of one refinery is doing against the rest of the industry.

Process safety has emerged as a higher-profile concern for refiners during the past decade, and the questions have developed from just recording incidents into ensuring the integrity of the operation, and also proving that the refiner knows that this is being done.

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URL: https://www.sciencedirect.com/science/article/pii/B9780128224038000035

31st European Symposium on Computer Aided Process Engineering

Mohammed Yaqot, ... Tareq Al-Ansari, in Computer Aided Chemical Engineering, 2021

3 Agricultural production operations and risks towards circular economy

We consider in the I4-CE operational-risk assessment the upstream or supply side of the system boundary in the agribusiness value chain seen in Figure 1. Although the business model describes the full range of activities comprising all steps that involve agricultural processes and products from harvesting to retailing, covering inbound logistics, operations, outbound logistics, marketing, sales, and service, we focus on the production step only where I4 applications under CE principles can be assessed and evaluated.

Which of the following would be the best example of an outcome of operational risk?

Figure 1. Agribusiness value chain.

According to Manitoba agriculture and resource development (Manitobia, 2020), the total cost for production of crops takes into account many setups, stocks and flows related to operations, fixed costs, and labour expenses. Operating costs are composed by seeds, treatment, fertiliser, herbicide, fungicide, insecticide, fuel, machinery operating, machinery lease, rental, custom, crop insurance, hail insurance, land taxes, drying costs, interest rate, and other minor costs. Fixed costs include land costs, machinery costs, storage costs. Labour cost is the hourly wage of the total number of needed labours per acre.

To evaluate the impact of I4 and CE in manpower towards precision agriculture, the type of I4 technology used in each production step is investigated and categorised into unmanned aerial vehicles (UAV), manned aerial vehicles (MAV), unmanned ground vehicles (UGV), and manned ground vehicles (MGV). In the methodology, every production step, associated with each I4 adoption, is subjectively evaluated using CE’s detailed principles using the 9R model (refuse, rethink, reduce, reuse, repair, refurbish, remanufacture, repurpose, recycle, and recover), which is the extended form of the 3R on reduce, reuse, and recycle (Kirchherr et al., 2017). Then, the I4-CE impact in manpower is identified per each step, whereby labour involvement is clearly shown in land preparation, fertilising, irrigation, disease control, monitoring fields, and harvesting. As a labour-intensive industry, our proposition is to evaluate the impacts of I4 applications, under CE concepts, to manpower in agribusiness, in which drones participate as a sustainable and efficient manpower replacement tool in this field.

The operational-risk matrix methodology quantifies the possible risk level of each I4 option under CE pillars (economic, environment, and social) considering I4 adoption into CE impact risk values of 0.1, 0.3, and 0.6 for low, medium, high risks, respectively. According to the department of agriculture in the United States (Dohlman, 2020; Harwood et al., 1999), agricultural risks that impact farming are classified into five categories: production, market, financial, institutional, and personal. Production risks are factors that affect both the quantity and quality of produced commodities. It is driven by the uncertain natural growth processes of crops and livestock. Market risks refer to the uncertain prices that producers must pay for inputs used to grow different types of commodities. Financial risks are related to loans, rising interest rates, restricted credit availability, etc. Institutional risks have a major impact on agribusiness that results from uncertainties surrounding government actions such as price levels, waste disposal rules, taxes, chemical use regulations, etc. Personal risks include job profiles, human health, relationships that affect the agribusiness, illness, accidents, death, divorce, and any social crises that can threaten the agribusiness.

Pooling these risks in the I4-CE adoption-impact, we use the notation n for the number of processes, x denotes the CE pillar (economic, environment, social), P refer to the process itself. In the sensitivity risk analysis, the risk sum (Eq.1), its average (Eq.2) and the risk pooling (Eq.3) are defined to evaluate the environmental, economic, and social effects by adopting I4 in the agriculture processes.

(1)∑i=1nPix

(2) ∑i=1nPixn

(3)∑i=1x∑i=1nPixn

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URL: https://www.sciencedirect.com/science/article/pii/B9780323885065502412

Sustainability of aggregates in construction

W. Langer, in Sustainability of Construction Materials (Second Edition), 2016

9.7.3.2 Societal responsibility

The aggregate industry exposes workers to potential hazards, and reduction of operational risk is an essential part of aggregate extraction and processing. Occupational health and safety issues are commonly addressed through training programs, monitoring, health screenings, and by following best management practices. Identifying the values, interests, and goals of stakeholders is a necessary step to resolve the complex social issues of SARM. For example, the benefits of aggregate development are dispersed over very large areas, but the community where extraction occurs suffers most of the adverse consequences of resource development. SARM depends on fairness to those living near or impacted by quarrying while considering the regional benefits from aggregate extraction (Šolar et al., 2004).

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URL: https://www.sciencedirect.com/science/article/pii/B9780081003701000093

Sustainability of aggregates in construction

W. Langer, in Sustainability of Construction Materials, 2009

Societal responsibility

The aggregate industry exposes workers to potential hazards, and reduction of operational risk is an essential part of aggregate extraction and processing. Occupational health and safety issues are commonly addressed through training programs, monitoring, health screenings, and by following best management practices. Identifying the values, interests, and goals of stakeholders is a necessary step to resolve the complex social issues of SARM. For example, the benefits of aggregate development are dispersed over very large areas, but the community where extraction occurs suffers most of the adverse consequences of resource development. SARM depends on fairness to those living near or impacted by quarrying while considering the regional benefits from aggregate extraction (Šolar et al., 2004).

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URL: https://www.sciencedirect.com/science/article/pii/B9781845693497500011

Engine exhaust emissions

Anthony J. Martyr, David R. Rogers, in Engine Testing (Fifth Edition), 2021

Health and safety implications and interlocks for constant-volume sampling systems

The following three fault conditions are drawn from experience and should be included in any operational risk analysis of a new facility:

1.

Where the exhaust dilution air is drawn from the test cell and in the fault condition of the blower working and the cell ventilation system intake being out of action, or switched off, a negative cell pressure can be created that will prevent the opening of cell doors. The cell ventilation system should therefore be interlocked with the blower so as to prevent this occurring.

2.

In the fault condition of the blower being inoperative or the airflow too low due to too small a flow venturi being used, the hot exhaust gas can back flow into the filter and cause a fire. A temperature transducer should be fitted immediately downstream of the dilution tunnel inlet filter and connected to an alarm channel set at about 45°C.

3.

Gas analyzers that have to discharge their calibration gases at atmospheric pressure should have an extraction cowl over them to duct the gases into the ventilation extract; such an extract should be interlocked with the analyzer, preferably by a flow sensor.

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URL: https://www.sciencedirect.com/science/article/pii/B9780128212264000176