Response to case study scenario 1

Decision

As a junior engineer I would decide not to ignore the problem.

Actions

I would initially get my manager to acknowledge in writing the fact that I have approached him and questioned that 1.5% (3 out of 200) of the order that was delivered to the client was at fault and my manager has explicity told me to ignore the problem and a valid reason for this. Secondly I would go to his manager and ask the same question. Making the assumption that the higher manager agrees with my decision I would expect him to act on recalling the products and inform the client.

Support for decision

Looking at the whole picture rather than that of a junior engineer, health and safety (for employers) is defined as;

"Employers are responsible for protecting the health and safety of their staff and other people, such as customers and members of the public, who may be affected by their work"

Due to the product contravening the health and safety of the customer I am obliged to inform my managers peers and the client that they are dealing with a potentially lethal product.
Employement law could also play a part in this process because if I dont report it, it could be classed as neglect in my behalf. My manager telling me otherwise could be neglect on his behalf which could of otherwise gone unnoticed until this point.

If I where to ignore the situation and let the product go out, the worst case scenario would result in 3 class action lawsuits against the manufacturer for having knowledge that the product was faulty and not doing everything within its power to recall the product. This will put the retailer, the manufacturer and, potentially me in a courtroom trying to justify our actions and if it seemed that I had not done everyhthing within my power I could be liable.

I also have an ethical duty not to allow this potentially lethal product go any further than the client and I must consult higher pears and advise the client. I would not like to be responsible if anyone did got hurt or worse due to the fault I would certaintly not like to face prosecution due to neglegence

An example of a product recall in a small batch order would be the aquafresh product recall of batch BN 388G which contained;

"varying amounts of a different toothpaste formulation. This formulation has a strong flavour and is a red/mauve colour unlike Aquafresh Milk Teeth toothpaste which is white in colour"

Personnal relevant experience

I have previously encountered a problem like the one stated when working at a company called Pall who had a contract with IBM to supply their technical hardware. The hardware in question was batteries, these batteries were delivered to us through IBM directly from the manufacturer. 1 of the batteries was damaged to the point that it could potentially be harmfull to the user. This resulted in IBM recalling all of the batteries from us, replacing the items and opening an investigation into why this had happened. This taught me a lot about how a large company deals with goods that are not to a satisfactory quality.

On the positive side

Returning the items for the sake of 1.5% may seem like the manufacturer will lose money initially and look bad to the client, but this can work in favour of the manufacturer to the client, showing them, with a little customer service, that they are stringent about there products and care a lot about their product. This may even improve relations and sales between the client and the manufacturer.

Sources;

Employement law and consumer law;
http://www.berr.gov.uk/

Aquafresh product precautionary recall;
http://www.aquafresh.co.uk/index.cfm?event=SecretTitle&intCentralContentID=6718&CFID=1667929&CFTOKEN=54491664&jsessionid=f0306feee199d9ea97ae76516167386a431c