Ethical and legal issues in nursing

Ethical and legal issues in nursing

The federal and state authorities make and amend bill into laws that relate to healthcare. Laws provide the framework under which health care services are provided (Sinclair, 2016). The following essay discusses the New Jersey Abortion Bill from different subtopics.

Describe and discuss the New Jersey legislative process and the difference between the state and assembly versions of the bill.

There are eleven steps that a bill goes through before becoming law in New Jersey legislature. The legislator decides to draft the bill with inputs from several public parties. The office of legislative services researchers and drafts the bill. Thereafter, the clerk of the assembly read out the title of the bill and is released to the public. The speaker constitutes a committee to review the bill. The committee makes necessary amendments and presents to the floor for voting. The bill undergoes third reading and by a majority vote, proceeds to the second house to undergo same process. If the bill passes the second house, it is presented to the governor for approval and becomes law (Johnson, 2015).

Ethical and legal issues in nursing
Ethical and legal issues in nursing

Discuss your rationale for choosing this legislation. Describe the impact this legislation will have on the health and welfare of the public. Critically compare and contrast the benefits and limitations of the legislation. Is there a financial impact statement attached to the bill? If so, what are the implications of the financial impact statement?

The bill I chose allows advanced and licensed nurse working as home care providers to certify handicapped persons to use parking facilities provided by the municipalities. I chose the bill because it directly impacts on the welfare of one a minority and less privileged population, the handicapped. The bill eases the process of the handicapped to access parking facilities created for the handicapped through increasing the number of professionals allowed to certify them. The bill has limitations in that it still imposes registration fees and limited time of certification to handicapped persons to use the designated parking facilities. The bill implies that the municipals will have to spend more resources to increase the number of parking facilities for the handicapped (Sinclair, B. (2016).

Critically discuss your own view and position on this legislation

The bill creates a positive impact on the welfare of the handicapped. However, more nurses in other fields of practice should be legalized to certify handicapped persons for use of parking facilities for the handicapped (Johnson, 2015).

Discuss how other healthcare stakeholders view this legislation. Are they in support? Why or why not?

The New Jersey Nurses Association has welcomed the law but advocates for the inclusion of more laws that protect the nurses against the legal issues that may arise as result of the legalization of the nurse to certify persons as handicapped (Johnson, 2015).

Discuss how this legislation will impact nurses and the nursing profession

The law will lead to modification of the nursing educational curriculum. The curricula will have to include in-depth training on disability and the handicapped and other social services they require (Johnson, 2015).

In addition, please identify the congressman, state senator and two assembly people from your own district

The current congressman for New Jersey is Robert Menendez, the state senator is Frank Pallone Jr. and Dawn Marie Addiego and Christopher Bateman are some of the assembly people from Clifton, New Jersey (Sinclair, 2016)

References

Johnson, J. J. (2015). Signing on the Dotted Line: Legislation to Revise New Jersey’s Notaries Public Act. Seton Hall Legis. J., 40, 247.

Sinclair, B. (2016). Unorthodox lawmaking: New legislative processes in the US Congress. CQ Press.

Importance of Ethics in Healthcare

Codes of conduct for the healthcare professionals.

Code of ethics for healthcare professionals
Code of ethics for professionals

Healthcare, like any other industry, operates under certain ethics. Ethics primarily pertains to the accepted relationship among the healthcare professionals, between the health care providers and the patients, and with the healthcare system in general. The following essay discusses the importance of ethics to the healthcare (McLean, 2016; Runciman, Merry, & Walton, 2017).

Discuss critically why this topic (Ethics) is important in contemporary Healthcare.

To begin with, ethics promote a positive image of the facility providing healthcare services. Ethics in healthcare prescribe for respect of the healthcare providers to the patients, and uttermost integrity. Respect to patients involves etiquette to patients, and prompt response to their needs and required. Integrity is maintained through honesty to the patient, communication to the patients the true facts concerning their condition and the treatment they are undertaking (Freeman, 2013; Holmes, 2016). Honesty to the patient increases the level of their satisfaction and trust. Consequently, the clients develop a positive attitude towards the healthcare provider facility. The clients spread their satisfaction to other individuals and this eventually builds up the positive image of the facility in the healthcare industry market (Healy, 2016; McKean, 2016).

Ethics promotes a harmonious working environment within the healthcare facility.

Ethics prescribe for respect between one healthcare employees to another within the healthcare facility. Employees should respect one another through refrain from abuse to an integer (Tarzian, Wocial, & ASBH Clinical Ethics Consultation Affairs Committee, 2015). Respect among employees and between the employees and the management foster teamwork. Additionally, the harmonious working environment in the healthcare facility facilitates professional communication (Fox, Bottrell, Berkowitz, Chanko, Foglia, and Pearlman. 2014).

Ethics maintains patient safety and protect patients from harm and injury.

Finally, ethics maintain patient safety and protect patients from harm and injury. As part of ethics, facilities require their healthcare professionals to adhere to the patient’s rights. For instance, as per the policies and goals of healthcare facilities, health facilities aim at respecting the patients’ right to informed consent. Patients are entitled to the type of treatment that they should undergo (Baker, Pearlman, Taylor, & Kipnis, 2016; Grady, & Danis, 2013).

In summary, ethics are as important as in the business industry. Ethics promote towards a positive image of the healthcare facility in the market. Additionally, ethics facilitate teamwork. Ethics safeguard the safety and protect patients from harm and injury.

References

Baker, R., Pearlman, R., Taylor, H., & Kipnis, K. (2016). Report and recommendations of the American Society for Bioethics and Humanities’ advisory committee on ethics standards.

Fox, E. with MM Bottrell, KA Berkowitz, BL Chanko, MB Foglia, and RA Pearlman. 2014. IntegratedEthics: An innovative program to improve ethics quality in health care. Innovation Journal, 15, 1-36.

Freeman, M. D. (Ed.). (2013). Law and bioethics (Vol. 11). Current Legal Issues.

Grady, C., & Danis, M. S. KL 2013. Does ethics education influence the moral action of practicing nurses and social workers, 4-11.

Healy, J. (2016). Improving health care safety and quality: reluctant regulators. Routledge.

Holmes, D. (2016). Critical interventions in the ethics of healthcare: Challenging the principle of autonomy in bioethics. Routledge.

McKean, S. (2016). Principles and practice of hospital medicine. J. J. Ross, D. D. Dressler, & D. Scheurer (Eds.). McGraw-Hill Medical Publishing Division.

McLean, S. A. (Ed.). (2016). First do no harm: Law, ethics and healthcare. Routledge.

Runciman, B., Merry, A., & Walton, M. (2017). Safety and ethics in healthcare: a guide to getting it right. CRC Press.

Tarzian, A. J., Wocial, L. D., & ASBH Clinical Ethics Consultation Affairs Committee. (2015). A code of ethics for health care ethics consultants: Journey to the present and implications for the field. The American Journal of Bioethics, 15(5), 38-51.

Urban and Rural Health Issues

Differences between the rural and the urban health issues

There are several differences between the rural and the urban health issues. The difference in healthcare needs between rural and urban populations is caused by variations in; access to healthcare, healthy behaviors, population size and the environment. The following essay is a comparison between rural and urban health from a community health point of view (Caldwell, Ford, Wallace, Wang, & Takahashi, 2016).

In what ways might health promotion activities for rural populations differ from those designed for urban populations?

Health promotion services in the rural setting would focus on eliminating unhealthy behaviors such as smoking. The rural setting does not provide for smoking zones restrictions as it is in the urban setting. The health promotion activities would involve education on the side effects associated with tobacco smoking such as allergy, respiratory complications, and lung cancer. Additionally, health promotion activities for the rural setting would involve measures to reduce and prevent obesity. A large portion of the rural population lives sedentary life does not practice regularly and does not access proper nutrition. Unlike the urban population, facilities for accessing physical exercises such as gymnasiums and aerobics sessions, are available not available in rural setting. Regular exercising prevents obesity and the associated complications such as hypertension, diabetes mellitus (Spoont, Greer, Su, Fitzgerald, Rutks, & Wilt, 2014).

Assume you are a community health nurse in a rural community. Describe your own approach to problem solve overuse of the emergency room for minor childhood illnesses by the population groups.

Firstly, I would increase the awareness of childhood illnesses. The awareness program would include identification of childhood illnesses and home-based interventions. Educating on child hood illnesses increases the ability of parents to identify developing illnesses among their children and the steps to take so as to prevent the progression of the illness to severe stages, where the child would seek medical attention. Additionally, educating and encouraging parents on the significance of regular medical check-ups will reduce the overuse of emergency use in the management of childhood illnesses.

Interview a classmate who was raised in a rural community about his or her family and school life. Determine what he or she considers to be his or her best experiences growing up. Compare the classmate’s best experience with your own.

One of the experiences during rural life is reduced access to health care facilities, since the population in the rural setting is less than the urban setting. Therefore, the health care facilities are less proportionately. Therefore access to specialized medical care takes longer periods of time than in urban setting. Furthermore, access to other facilities such as physiotherapy and physical exercise facilities is limited.

In conclusion, the health issues for the rural setting are different from the healthcare concerns facing the urban population. Therefore, the approach to addressing such issues is different.

References

Caldwell, J. T., Ford, C. L., Wallace, S. P., Wang, M. C., & Takahashi, L. M. (2016). Intersection of living in a rural versus urban area and race/ethnicity in explaining access to health care in the United States. American journal of public health, 106(8), 1463-1469.

Spoont, M., Greer, N., Su, J., Fitzgerald, P., Rutks, I., & Wilt, T. J. (2014). Rural vs. Urban Ambulatory Health Care: A Systematic Review. VA-ESP Project# 09-009; 2011. Washington DC: Departmen

Black infant mortality

Higher rates of black infant among blacks

Black infant mortality rates
Black infant mortality rates

Stress is one of the factors that contribute to poor maternal outcomes as evidenced by the high rates of infant mortalities of African American origin. Stress is a constituent pattern of emotional maladaptation. Individuals affected by stress are incapable of emotionally adjusting to new situations (Strutz, Hogan, Siega-Riz, Suchindran, Halpern, & Hussey, 2014). The following essay will discuss the role of stress on the poor maternal outcome.

What sources of stress may contribute to higher rates of black infant mortality?

Firstly, the new burden of providing parental services contributes towards stress. Commonly observed in women giving birth for the first time, stress is associated with the lack of preparedness of the new mother towards parenthood. Additionally, the economic disparities between the white and the black populations account for increased mortality rate among the black infants. The economic empowerment increases the options of stress coping strategies among women. Therefore, insufficient economic empowerment translates into less effective stress coping mechanisms. Furthermore, racial discrimination increases stress among the black women. Incidences of racial discrimination have been reported in the United States of America. The emotional stress experienced by black women negatively affects the parenting skills on their infants. The poor parenting skills result in the poor health of the infant, resulting in increased mortality (Thornton, Gloaver, Cené, Glik, Henderson, & Williams, 2016).

How might the effects of various stress forms interact and accumulate over time to contribute to poor birth outcomes among black women?

The various sources of stress to women over time reduce the parenting functioning. Similar to other mental and psychiatric disorders, stress may present with episodes of psychiatric conditions such as depression. Depression negatively affects the social functioning capabilities of the affected individual (Schroeder, 2016).

How may research findings influence health policy to improve birth outcomes among black women?

Research findings have led to adoption of policies to improve of birth outcomes. Firstly research has led to the social approach to improving birth outcomes by improving social determinants of health. Moreover research findings have facilitated the reduction of the economic discrepancy between populations.

In conclusion, sources of emotional stress negatively impact on the ability of the parent to provide sufficient parenting care. Sources of stress from the Africa American population includes; racial discrimination, economic disparities and new burden of parenting responsibilities.

References

Schroeder, S. A. (2016). American health improvement depends upon addressing class disparities. Preventive medicine, 92, 6-15.

Strutz, K. L., Hogan, V. K., Siega-Riz, A. M., Suchindran, C. M., Halpern, C. T., & Hussey, J. M. (2014). Preconception stress, birth weight, and birth weight disparities among US women. American journal of public health, 104(8), e125-e132.

Thornton, R. L., Glover, C. M., Cené, C. W., Glik, D. C., Henderson, J. A., & Williams, D. R. (2016). Evaluating strategies for reducing health disparities by addressing the social determinants of health. Health Affairs, 35(8), 1416-1423.

Obesity in Washington (DC)

Background Information

Obesity is the excessive accumulation of fat in the body. According to the Centers for Disease Control and Prevention, (CDC), in the United States of America (USA), the prevalence of obesity is 40%. CDC describes obesity as the Body Mass Index that exceeds 30. In the year 2015 to 2016, CDC estimated the prevalence of obesity at 44% among adults aged 60 years and above, 40% among middle-aged adults, 20 % among the youths and 13 % in children. Generally, the prevalence of obesity reduced with reduction in age. The prevalence of obesity changes with race. According to CDC, non-Hispanic blacks are most affected by obesity followed by, Hispanics and non-Hispanic whites. Washington DC is ranked as the second last state where obesity prevalence is lowest. However, over the last seven years, the rate of obesity in Washington DC has increased by 10%. Obesity changes with social and economic status. The rate of the prevalence of obesity reduces with the level of education. Additionally, obesity is highest among the lowest and highest income earners across all age groups and races (Centers for Disease Control, & Prevention, 2017).

One of the preventive measures against obesity is physical activity. According to The National Institutes of Health (NIH), community campaigns increase the level of awareness of obesity, motivates community members to undertake physical activities. Awareness campaigns maybe tailored towards a specific group of individuals or differentiated community groups. Awareness campaigns increase cohesiveness and sense of collective responsibility across members of different races, social classes and races (National Heart, Lung, Blood Institute, 2015). The CDC has come up with empirically proven additional strategies to increase the effectiveness of physical activities. Such strategies include; school-based education on physical activities, building social networks for support, promoting access to physical activity facilities and supporting individuals for patient-centered behavioral changes (Centers for Disease Control and Prevention, 2014).

Research has indicated that healthy foods promote growth and reduce the risk of obesity. The Institute of Medicine (IOM) recommends that only foods that are healthy should be sold and consumed in food markets and restrict the availability of less nutritious foods in food outlets and markets. The IOM also recommends that the government implements policies that set standards for the type of foods that are sold through the government (Institutes of Medicine, 2014).

Breastfeeding has been found to reduce the risk of the baby developing obesity. Institutional breastfeeding practices significantly affect the length of the breastfeeding period after birth. The CDC recommends maternity practices that support breastfeeding. Research has identified breastfeeding support, education, and training to increase the time of initiation and period of breastfeeding (Committee on Accelerating Progress in Obesity Prevention, 2013).

Objective of Proposal

The objective of the proposal is to reduce the rates of obesity in Washington DC, by at least 5% in a period of two years.

Specific Objectives

The specific on objectives of this report are;

To increase the number of people in Washington DC who participate in physical activities aimed at reducing obesity.

To reduce the availability and consumption of less nutritious foods in Washington DC.

To improve breastfeeding practices among breastfeeding mothers in Washington C.

 Description of activities

Physical activities. Residents of Washington DC will be educated on the importance of physical exercise in the reduction of obesity and prevention of weight gain. Physical exercise education and activities will be intensified in schools. The type and duration of physical activities will be dependent on the BMI. Awareness programs will target the general public and specific group such as students and staff in various workplaces. Individuals will be assisted to create social networks through group formations to facilitate social support in undertaking physical exercise.

Nutrition. The public will be educated on the relationship between types of foods, weight gain and obesity. Awareness of nutrition will focus on schools to educate the school’s administration on types of nutritious and healthy foods and ways to restrict the availability of such foods within schools. This proposal serves to advise policymakers on importance and ways of restricting the supply of foods that are associated with weight gain thus causing obesity.

Breastfeeding. In order to promote maternity practices that support breastfeeding, this paper proposes initiation of breastfeeding within the recommended time after delivery. Additionally, the document recommends continued support for breastfeeding mothers after discharge from hospitals after delivery.

Project Participants

The participants in the implementation of the project include the healthcare workers to support breastfeeding practices, education on physical exercises to the patients at risk of obesity. The government will participate in developing and enforcing policies that restrict entry of less nutritious food into the market. School management will assist in limiting the availability of unhealthy foods in schools.

Project Evaluation

The success of the project proposal will be assessed based on the reduction in the number of people in Washington DC who have recorded improvement of severity of obesity. The proposal will also be assessed based on the number of people implementing physical activities as presented in this proposal. Further, the proposal will be evaluated according to the number of babies who have been breastfed according to the breastfeeding practice.

References

Centers for Disease Control and Prevention (CDC. (2014). School health guidelines to promote healthy eating and physical activity. MMWR. Recommendations and reports: Morbidity and mortality weekly report. Recommendations and reports, 60(RR-5), 1.

Centers for Disease Control, & Prevention. (2017). Epidemiology Program Office. MMWR.: Recommendations and Reports (Vol. 47). US Department of Health and Human Services, Public Health Service, Centers for Disease Control, Epidemiology Program Office.

Committee on Accelerating Progress in Obesity Prevention. (2013). Accelerating progress in obesity prevention: solving the weight of the nation. National Academies Press.

Institutes of Medicine (2014). Prevalence of childhood and adult obesity in the United States, 2011-2012. Jama, 311(8), 806-814.

National Heart, Lung, Blood Institute, North American Association for the Study of Obesity, Expert Panel on the Identification, … & Obesity in Adults (US). (2015). The practical guide: identification, evaluation, and treatment of overweight and obesity in adults. The Institute.

 

The US Tax Haven

The US Tax Haven

The United States is punishing the tax havens effectively. This is because the government of the United States believes tax havens are causing the credit crisis through increasing criminal activities. A tax haven is used to ensure little or no tax liability in an economically and politically static environment. Therefore, the increasing criminal activities, budget deficits and tax-fraud scandals in tax havens are because the United States government fails to share information or data as mandated by the Common Reporting Standards with their respective governments. For instance, the Treasury for the United States cannot force US banks to share information to third parties. In addition, the US has failed to comply with the Common Reporting Standards. The US is punishing tax havens more by shutting down foreign tax havens as well as stealing their business which undermines America’s standing in diverse sectors from climate change to trade. Besides, instead of the US using its power to create an equitable structure of worldwide governance, the US demands standards from the rest of the world which it never applies to itself. The US government has also encouraged data privacy and secrecy which is against the tax haven agreement, therefore, punishing tax haven, preventing adequate information sharing (Alstadsæter, Johannesen & Zucman, 2018).

Punishing Tax Havens Effectively

The governments supporting tax haven initiatives should establish an equitable system of global governance and transparency in order to ensure effective tax haven operations. All governments should share information and adopt Common Reporting Standards under the global agreement to ensure that countries provide automatic data as required by FATCA. Besides, governments should impose tax, migration and trade measures on individuals and companies from those countries which engage in practices that discriminate or imply economic interest damage. In addition, governments should improve their fights against tax evasion, financial crimes, corruption and money laundering in tax haven zones. Regulations should be enacted to lift the veil on the secrecy type that organizations should establish by developing a public registry for companies to allow free access. Moreover, the government should establish sweeping anti-monetary initiative or directive that will empower law enforcement, media and public through special request (Alstadsæter, Johannesen & Zucman, 2018).

Top Tax Havens

According to Zucman (2018), the top four tax havens are Ireland, the Caribbean, Singapore, and Switzerland. Ireland is the refereed to the best tax haven because of its economic and taxation policies. Legislation highly favors the creation and operation of corporations and economic environment is very hospitable for all corporations such as for research, development, and innovation. Ireland offers tax incentives, low CIT and proof of large-scale profit shifting due to policies that a fully obedient to all global best practices in the information sharing and tax transparency areas. The Caribbean is also among the top tax havens because they offer 0% CIT, evidence of large-scale profit shifting, 0% withholding taxes, exchange and transparency initiatives and lack of participation in multinational anti-abuse. Singapore provides tax incentives, shows evidence of substantial profit shifting and lack of withholding taxes. Switzerland is among the top tax havens because it provides 0% withholding taxes, transparency initiatives, tax incentives, and shows verification of large-scale profit shifting and lack of participation in multilateral anti-abuse (Bucovetsky, 2014).

Incidents of Leaks of Tax Haven Data

There are various incidents of leaks of tax haven data that have resulted to scrutiny and massive investigation in recent activities. There was a substantial leak of confidential information from Mossack Fonseca. Mossack Fonseca allowed wealthy clients to set up mysterious firms in tax havens. The leaked documents cover over 40 years of the operation of the law company as well as allegedly touching on the financial operations of the head of states and over sixty more persons connected to world leaders (Bucovetsky, 2014). The leaked information had links between offshore accounts set up by the firm and tax evasion, bribery and money laundering. In addition, others include the Panama Papers and the Bahamas data leaks. These two provide information about offshore dealings of executives, criminals and politicians as well as lawyers and bankers who assist in money movements. The new leaked information allowed investigation and indicates corporate middlemen and registered agents who serve as intermediaries between customers and Bahamian authorities. The Panama papers indicate how Mossack Fonseca assisted customers to use Bahamian privacy to keep their identity out of public filings as well as undermining the global push for tax transparency. Besides, leaks reveal details of the offshore activities by prominent world leaders and a failed disclosure of their connections to offshore entities (Alstadsæter, Johannesen & Zucman, 2018).

Elements of an Effective FCPA Program

The purpose of effective compliance programs is to detect and prevent criminal conduct because companies violate the US Foreign Corrupt Practices Act. The FCPA program should have a written program with procedures and standards for detecting and preventing criminal activities and an oversight board to ensure operations comply, ethics or cultural programs to exercise reasonable oversight of its effectiveness and implementation. FCPA should include responsible persons for a compliance and ethics program as well as operating and reporting periodically to high-level personnel using appropriate resources and authority. There should be the management of the record of compliance, communicating and training to ensure that FCPA adheres to current measures and standards. An effective FCPA should have consistent enforcement of incentives and discipline and the right to the response after a criminal activity has been detected. The organization must take a periodic assessment of the risk of criminal activities and take suitable measures to develop, execute, and adjust its compliance programs in order to mitigate the risk of criminal conduct. Besides, FCPA should also have a culture of compliance, standards of clear communication, a universal program, a program tailored to each business, compliance internal controls, clear lines of responsibilities and consistent follow-up (Hanlon, Maydew & Thornock, 2015).

Protecting Actions of Rogue Employees

Actions of rogue employees can put a company or an organization in serious jeopardy. Companies should protect their assets such as breaches of information, sabotage, ransom ware attacks, and hacking attempts through various security measures. Despite being difficult to prevent every act of employee data theft, companies should establish programs to significantly mitigate its vulnerability to such actions. Companies should establish a well-defined policy which is combined with identity and access management in order to cut down on data leaks from rogue employees. A comprehensive identity and access management program should have essential capabilities to provide full life cycle management for all users in order to improve data security. The programs should have automated de-provisioning, automated roles and attribute-based entitlements, delegated administration and audit trail. This will allow the administration to grant or revoke access and tracking those who access the information. Generally, organizations should establish checks and balances, processes and procedures to ensure that everything is run accordingly (Hanlon, Maydew & Thornock, 2015).

The Retention of Outside Counsel in Matters of Bribery

The most common reasons to retain outside counsel in matters of bribery include audit committee investigations, corporate risk analysis, and shareholder derivative. This is because outside counsel brings in specialized knowledge to these subjects, especially on matters of independent position in relation to the corporation. The impression of management partiality in making key audit opinions may be the strongest arguments for retaining the outside counsel services. The perceived lack of investigative independence leads to a conflict of interests which may endanger the credibility of the investigations’ findings. Outside counsel ensures a high degree of investigative independence. Outside counsel ensures that regulators and the general public are thorough and unbiased. A corporation should retain outside counsel when they want independent nature as well as neutral and objective opinions on bribery matters in order to protect a third-party liability (Saez & Zucman, 2016). Besides, companies should retain outside counsel in matters of protecting the company from litigation or costly bribery matters.

The Establishment of an Effective FCPA Compliance Program for Multinational Companies in China

The establishment of effective FCPA compliance programs for international corporations in China should be tailored to meet market conditions of the country. An effective FCPA program in China should ensure a culture of compliance. A culture of a compliance program will create and promote an organizational culture that will encourage a commitment and ethical conduct to cultural expectations from all management levels. In addition, the program should be tailored to each business and to the risks associated with the specific business. Thus, the program should be well-designed and applied in good faith in order to comply with the business environment of China. Besides, the forms of payments and benefits should be consistently enforced through incentives and discipline. The program should promote and enforce consistently compliance and ethics measures throughout the operation using suitable incentives to execute according to ethics and compliance programs and disciplinary actions for engaging in criminal activities. Thus, all these elements should be contained in a written program with procedures and standards to prevent and detect criminal behavior (Saez & Zucman, 2016).

Revising of FCPA

It is important to revise FCPA in a sort of compliance subject. This includes revision of corporate enforcement policy such as firms considering voluntary disclosures if FCPA violations. There should be guidelines and exceptions to companies that comply with self-reporting of misconduct and other violations such as bribery. The anti-corruption amendment should be revised because it puts the United States companies at a competitive disadvantage, and it is important to obtain the multilateral support of payments for officials of foreign countries. The Foreign Corrupt Practices Act should be amended to include financial incentives for self-disclosures such as deferred prosecution agreements, non-prosecution agreement, reduced fine amounts and sentencing guide. Besides, the amendment must include other practical considerations such as resulting disclosure to other governments, obligations under pre-existing agreements with the government, details of misconduct, broader government inquiries and exposure to related litigation. The FCPA has been doing amendments such as the accounting and reporting an amendment, introducing reporting requirements in 2015, jurisdictional considerations in 2010, influence on charging decisions in 2014, and the availability of adequate procedures for defense (Jorgensen, 2017).

FCPA Violations

Enforcement of the FCPA continues to be a major priority sector to enhance its enforcement and prohibit companies from issuing stock to the United States by bribing foreign officials for business and government contracts. In July 2018, the Credit Suisse Group AG approved to pay more than 30 million USD to the SEC and a 47 million USD as criminal penalties to resolve charges that the company acquired business for investment banking in the Pacific-Asia area by an influence of corruption to foreign officials in violation of the FCPA. In January 2018, Orthofix International, which is based in Texas and deals with medical devices decided to pay more than 6 million USD to resolve charges that its Brazil subsidiary used improper payments and lofty discounts to persuade government doctors to use products from Orthofix International. In February 2016, SAP SE which is a software manufacturer accepted a fine of 3.7 million USD in profits from sales to resolve SEC charges in violation of FCPA.SAP SE used deficit in internal controls to enable an executive to pay bribes for procuring business in Panama (Jorgensen, 2017).

Territorial Jurisdiction and Technological Advances by the FCPA

Under statutory bases of FCPA jurisdiction, this is what the initial Act implied regard to territorial jurisdiction. This is because the US and foreign-based issuers and the US nationals, citizens and residents as well as US-based entities are subject to FCPA jurisdiction in furtherance of bribery offenses. In addition, territorial jurisdiction ensures that an act of corruption must have a nexus to the US territories. Besides, foreign entities and individuals are subject to territorial jurisdiction for payments under corruption while in the US territories. The certainty of modern regulatory environments requires that firms use procedures and policies to mitigate the risk of violating the FCPA (Leibold, 2014). Using technologies to FCPA compliance processes is a strategic way to make sure that companies smartly comply with these measures. Enforcement Automation of the FCPA policies will decrease missed data and data inconsistencies due to errors of people. In addition, companies should review their policies to identify gaps in their compliance procedures and apply technological interventions in order to ensure companies stay ahead of investigations by governments. Technological advances will address issues in real-time information, the creation of red-flag analysis, enhanced communication and automated monitoring of programs for training employees to ensure completion, the execution of automated triggers to identify high-risk transactions, and worker acknowledgment of FCPA guidelines. FCPA focus should create an increased awareness among companies for a re-evaluation of their compliance programs for advancing technology.

BAE Ethics’ Helpline

I agree with BAE Ethics Helpline that increased training leads to reduced calls. This is because if employees are well trained, they understand the reasons for keeping effective compliance with ethics’ requirements and FCPA violation. Training helps to bridge the gap in no-compliance and Helpline is valuable to the workforce. Companies should increase awareness of the benefits of complying with the FCPA ethics Helpline (Saez & Zucman, 2016). FCPA should provide support for ethics and compliance offices for the Helpline community and for designating a liaison within the information technology functions. Leadership should provide effective support through training and communication of ethics and compliance staff as well as increasing awareness for the Helpline. FCPA should support employees to avoid the fear of retaliation by taking necessary incentives to promote reporting.

References

Alstadsæter, A., Johannesen, N., & Zucman, G. (2018). Who owns the wealth in tax havens? Macro evidence and implications for global inequality. Journal of Public Economics.

Bucovetsky, S. (2014). Honor among tax havens. Journal of Public Economics110, 74-81.

Hanlon, M., Maydew, E. L., & Thornock, J. R. (2015). Taking the long way home: US tax evasion and offshore investments in US equity and debt markets. The Journal of Finance70(1), 257-287.

Jorgensen, J. T. (2017). The Foreign Corrupt Practices Act Turns 40. Tex. A&M L. Rev.5, 237.

Leibold, A. (2014). Extraterritorial Application of the FCPA Under International Law. Willamette L. Rev.51, 225.

Saez, E., & Zucman, G. (2016). Wealth inequality in the United States since 1913: Evidence from capitalized income tax data. The Quarterly Journal of Economics131(2), 519-578.

Knowledge management

Knowledge management is the set of processes, technical, and managerial tools, which is aligned for creating, leveraging and sharing knowledge and information within and around an organization. Therefore, knowledge management is the achievement of organizational goals through a strategically driven facilitation and motivation of workers or knowledge to enhance and use their ability to interpret information and data through the process that factor in sustainability for the business. Researchers recommend that a business organization should ensure that knowledge management encompasses the creation, capturing, acquiring, sharing, storing and using knowledge for the success of the organization. Thus, a business organization should integrate knowledge management in a sustainability drive through measurement, accountability, and management of social and environmental performance as well as ensuring the continued success of the financial performance. Therefore, creating and utilizing knowledge capabilities is essential for business organizations when seeking to develop competitive advantages (Schrettle, Hinz, Scherrer-Rathje and Friedli 2014, p.80). The objective of this study is to explore the knowledge management role in integrating a sustainability drive into the business strategy for the organization to ensure strategic sustainable development. The paper will also review comparison, contrasts, and limitation of knowledge management as an integral component of the sustainability drive.

Literature Review

A sustainable drive is a business strategy that ensures development embeds social and ecological systems as well as tackling complex problems in a strategic stepwise process towards a sustainable future. The process of sustainable strategy should be inclusive and engaging as well as be able to utilize both financial and non-financial resources. The sustainable drive provides organizations with guidelines for strategic decision making, concepts, tools, and actions. In addition, knowledge management is integral in developing methods and providing guidance on how to use different tools and concepts for sustainable drive or development. The most essential component of the corporate strategy is developing a vision of the type of knowledge that the organization requires. Knowledge management assists in applying skills and knowledge in productive and organized conditions. Therefore, management must ensure that knowledge management plays an integral part in the sustainable drive. Knowledge management is important for ensuring sustainability as it improves organizational agility and improves the process of decision making. Besides, it assists in quicker problem-solving, increased innovation rate and sharing specialist expertise for sustainable development. In addition, knowledge management is integral for a sustainability drive because it promotes communication and improved business strategies which focus on strategies that create competitive advantage and future survival.

Rita, Juuso and Alina (2016, p.20) carried a study to “examine the role of knowledge management in strategic sustainable development in order to develop a model of knowledge management for strategic sustainable development.” Their analysis shows that the concept of knowledge management is widely discussed in literature but is inadequately adopted in the business world. Despite business organizations recognizing the value of knowledge, knowledge management is not widely applied and there are no structured practices. Rita, Juuso and Alina (2016, p.27) concluded that companies would highly benefit from a strategic knowledge management system when integrating sustainability drive. Rita, Juuso, and Alina (2016, p.28) established that knowledge management is an important component for a sustainable drive as it assists in creating, acquiring, sharing, using and evaluating sustainability strategies and concepts that will ensure an organization attains competitive advantage. Besides, knowledge management according to Rita, Juuso and Alina (2016, p.23) provide a baseline for assessing the current knowledge of an organization and measuring the performance of sustainable initiatives and the overall business strategy.

Knowledge management has been described by Omotayo (2015, p.15) as a “critical component for an organization seeking to ensure sustainable strategic competitive advantage.” Thus, Knowledge management is an important measure of organizational performance as well as an essential tool for ensuring competitiveness, profitability, survival and sustainability of organizations. Omotayo (2015) concluded that management must create, manage, share and utilize knowledge effectively as a vital driver for sustainability (p.27). Therefore, for business to achieve sustainability, organizations must manage knowledge effectively in terms of people, technology, and processes. The organization must reward employees who contribute their expertise in enhancing knowledge management. However, in contrast, Omotayo (2015, p.16) established that the reward initiatives and systems for sharing knowledge are that important information or knowledge comes for the lower level of the organization who have less motivation and initiative to enhance sustainability drive. Besides, organizational culture and corporate responsibility should be changed to incorporate the sustainability strategy in the overall vision of an organization. Thus, Omotayo (2015, p.30) concludes that technology and process alone cannot drive sustainability, but knowledge is an integral pivot for the sustainability strategy success. Management, in contrast, lacks expertise and knowledge to attain, maintain and leverage knowledge to drive sustainability to ensure a competitive advantage for leading higher levels of organizational success.

Driving sustainability goals require application of tools and knowledge for sustainability management (Horish, Johnson and Schaltegger 2014, p. 24). Evidence shows that the role of knowledge as a drive for sustainability is not adequately investigated. Knowledge is identified as a vital driver in promoting sustainability strategy. Despite companies claiming that knowledge management being a positive driver for sustainability, it is clear that organizations are yet to establish a framework for incorporating knowledge management in sustainability strategy. Therefore, management should establish sustainability tools depending on the available knowledge in order to gain a competitive advantage and ensure future survival. Engert, Rauter and Baumgartner (2016, p.15) explored the “integration of corporate sustainability into strategic management.” Organizations should be committed to corporate sustainability through strategic approaches that integrate knowledge as part of sustainability processes and strategies. On the contrary, knowledge management has to be identified as a key driver in sustainability. It is important for management to identify issues that influence the integration of sustainability in the overall business strategy. Organizations should develop a sustainability framework for organizations by taking knowledge management as an integral component in supporting sustainable development. Thus, sustainability framework should be derived from organizational influences from both external and internal factors as well as considering factors which support or hinder the integration of sustainability into business strategies.

According to Yang et al (2015, p.15) organization should build capacities for creating, applying and managing the ever-increasing knowledge in order to deliver tangible sustainability outcomes. The authors believe that there is less research for knowledge management as a driver for sustainability. Organizations should manage sustainability knowledge by integrating various stakeholders in order to facilitate plans and actions for delivering tangible benefits of sustainable development, especially in the infrastructure sector. The authors believe that knowledge management is a valuable tool for promoting innovation and change in diverse industries such as construction. Yang et al (2015, p.16) concluded that there are limited studies in the transport infrastructure sustainability from the perspective of knowledge management which limits the creation of frameworks that can provide a holistic approach for addressing sustainability problems in development. Knowledge management is important for promoting sustainable development and contributing to new disciplinary knowledge dimensions as well as enhancing sustainability outcomes.

Roblek et al (2014, p.7) established that “knowledge management or processes in an innovative economy seem to open up new ideas and ways as well as diverse avenues for exploiting the direction of sustainability.” Besides, new business strategies assume that a business growth rate in the innovation business environment relies on the products and services that use knowledge. Therefore, business models should include sustainable development in the overall business strategy. The strategies should focus on sustainability by incorporating environmental protection for sustainable future generations (Roblek, Meško, Bach, Pejić and Bertoncelj 2014, p.15) Organizations must invest in knowledge management that will provide improved sustainable development. Management must use knowledge to share and maintain sustainability by establishing how the final processes or products impact the environment. Therefore, ensuring that organizations integrate sustainability in their strategies will create an added value for its products as well as create competitive advantage. These advantages are not only important for enhancing society and consumer reputation, but also fulfill the legal obligation of environmental protection for sustainable development.

However, the application of knowledge management as a driver for sustainability faces key limitations which make its use extremely difficult. The field of knowledge management in sustainability strategy lacks sufficient evidence to support its application and develop a framework that can assist in attaining, sharing and maintaining sustainable development. Besides, the key to successful knowledge management as a driver for sustainability is the capacity to understand its limitations. Organizations face challenges such as the inability to establish methods to efficiently capture and record their knowledge as well as motivating people to share, apply and reuse knowledge for sustainable development (Amui, Jabbour, Jabbour and Kannan 2017, p.320). Moreover, organizations are faced with hardship in aligning knowledge management with the overall objectives, goals and a business strategy for sustainable development. The lack of frameworks for knowledge management in sustainability makes it extremely difficult to choose and implement knowledge management technology. Moreover, the exits limits in integrating knowledge management into the existing strategies, processes and information systems. These limitations hinder the ability of organizations to efficiently and effectively develop and implement a sustainability strategy in the overall business strategy. Therefore, for successful integration of knowledge management in a sustainable drive, business organizations should develop and capture as well as record and share business knowledge. This should promote initiatives for sustainable development by creating a corporate culture of sharing knowledge between management and employees as well as setting clear strategies and goals to assist in utilizing collective knowledge (Clark, Kerkhoff, Lebel and Gallopin 2016, p.4580).

Conclusion

The synthesis of the literature review shows that knowledge management is integral to a sustainable drive. However, studies show that there is limited evidence in the field of knowledge management and its application on the business sustainability strategies. However, the literature review has shown that organizations are undertaking technology towards sustainable development which provides a significant opportunity and gap to be explored. The application of knowledge management as vital for sustainable development is important as it opens new business ideas and processes of ensuring sharing and maintaining of information and expertise. Besides, the review shows that knowledge is essential for sustainability as it promotes initiatives for efficiently developing and implementing sustainability strategies that create added value and attain competitive advantage for organizations. Organizations should develop, capture, record and share business knowledge which promotes sustainability as well as training employees and management to develop strategies or initiatives for sustainable development. Future research should focus on the importance of knowledge management in developing frameworks which will provide a holistic approach to addressing sustainability issues in development. In conclusion, organizations should do more from the perspective of knowledge management to drive sustainability which will reduce the limitations faced in promoting sustainable development. This should include the development of knowledge vision which is designed to meet the needs of business and sustainability vision.

 

 

 

References

Amui, L.B.L., Jabbour, C.J.C., de Sousa Jabbour, A.B.L. and Kannan, D., 2017. Sustainability as a dynamic organizational capability: a systematic review and a future agenda toward a sustainable transition. Journal of Cleaner Production142, pp.308-322.

Clark, W.C., van Kerkhoff, L., Lebel, L. and Gallopin, G.C., 2016. Crafting usable knowledge for sustainable development. Proceedings of the National Academy of Sciences113(17), pp.4570-4578.

Engert, S., Rauter, R. and Baumgartner, R.J., 2016. Exploring the integration of corporate sustainability into strategic management: a literature review. Journal of cleaner production112, pp.3-50.

Hörisch, J., Johnson, M.P. and Schaltegger, S., 2015. Implementation of sustainability management and company size: A knowledge‐based view. Business Strategy and the Environment24(8), pp.5-79.

Mok, K.Y., Shen, G.Q. and Yang, J., 2015. Stakeholder management studies in mega construction projects: A review and future directions. International Journal of Project Management33(2), pp.6-45.

Omotayo, F.O., 2015. Knowledge Management as an important tool in Organisational Management: A Review of Literature. P.15-30.

Rita, A., Juuso, L, and Alina, M. 2016. The Role of Knowledge Management in Strategic Sustainable Development: Comparing Theory and Practice in Companies Applying the FSSD. Karlskrona. P. 3-75.

Roblek, V., Meško, M., Bach, P., Pejić, M. and Bertoncelj, A., 2014. Impact of knowledge management on sustainable development in the innovative economy.

Schrettle, S., Hinz, A., Scherrer-Rathje, M. and Friedli, T., 2014. Turning sustainability into action: Explaining firms’ sustainability efforts and their impact on firm performance. International Journal of Production Economics147, pp.73-84.

How stakeholder theory linked with Corporate social resoponisiblty IN TESCO

In 250 words write how stakeholder theory linked with Corporate social resoponisiblty IN TESCO. With CRITICAL THINKING showing in your writting
you should inculde the application of tesco to CSR AND Stakeholder theory
And the writting should show critical thinking of the writter
(((USE HARVARD STYLE OF REFRENCE)))
YOU writting should shows critical thinking on the topic

job analysis techniques

1-This week, I’d like to hear from you what techniques are out there to develop a good JA, specifically how does HR go about developing a JA and what legal implications are there that they need to watch out for.
2- Class, open your textbook, start digging and doing some research – assume when you answer this question that you are HR, and you’re been tasked with asking *questions* to either create or update a Job Analysis (JA), what type of questions should you ask and why?
3-Let’s start with the various job analysis techniques. What factors affect the job analysis method chosen by an employer? Would an employer’s unique business type and environment affect the method chosen? How?
4-What issues can affect the accuracy of a KSA collection?
5-How can these be overcome? Are there special issues or concerns when it comes to discovering the employee behaviors that are required in the position?
6-Class -what specific interview questions would you ask a candidate applying for a waiter job – that will give you some insight into the needed KSAs for a waiter (see list below)? I would like to see 2-3 interview questions you develop using the KSAs below for the waiter position. Let’s get creative and have fun – remember your employment law as well (questions to avoid asking)!

The Real World of Management

Kurt Lewin proposed that “there is nothing so practical as a good theory” (Lewin 1951).
It is with this in mind that the purpose of this module is to critically explore and evaluate academic theories and concepts within a real world context.
This will be accomplished by the on-going development of a critical e-portfolio in which you compare, contrast and critically evaluate the potential linkages, tensions and contradictions between a chosen academic conceptual framework and its lived experience.
Ideally your portfolio should draw on your own primary research in terms of people’s views, experience and stories and a range of appropriate academic literature. Secondary research can also be used to support and enhance the discussion.
This e-portfolio will be developed using Mahara (through Moodle), and should include approximately 3,000 words of critical commentary.
Developing the portfolio
The portfolio should be designed to critically explore concepts in the real world of management and organisations.
As discussed in class sessions, students will be required to develop an initial focus drawing from concepts discussed and confirmed in the early class sessions. An example table of concepts is given on the following page.
• On an ongoing basis gather and upload appropriate evidence-for example: media files, photographs, web links, video clips, text downloads, to support your analysis and evaluation of the concept(s), emerging themes and their application to the real world of management and organisations.
• Integrate critical commentary (i.e. text boxes etc.) to develop your analysis and evaluation.
• You are encouraged to use opportunities within class discussions to share ideas on the development of the portfolio
• Additionally you are strongly encouraged to participate in the Moodle forums to share your research, and enhance opportunities
• The portfolio offers opportunities to adopt creative and innovative approaches for presenting evidence and the overall portfolio.
• Views that form part of your final e- portfolio need to be made accessible to both contact tutors.
Referencing Requirements:
• Module reading list
• Electronic resources available through Kenrick Library e.g. ABI, MyiLibrary http://library.bcu.ac.uk/
• Google Scholar
• There is a wealth of information available via the internet-however, in the spirit of the module you should consider how do you use this material in a more critical manner.
the following is the module reading list:
Use of learning resources and guided reading will be discussed as part of the introduction to the module and will also be highlighted at appropriate stages within individual class sessions.
Arnold, J. et al (2015) Work Psychology. Understanding Human Behaviour in the Workplace. Harlow, FT Prentice Hall
Baron, R, Kerr, N. (2015) Group Process, Group Decision, Group Action. Maidenhead. Open University Press.
Brooks, I. (2013) Organisational Behaviour: Individuals, Groups and Organisation. Harlow. FT Prentice Hall.
Douglas, T. (1995). Survival in Groups. OU Press
Fineman, S ed. (2008). Emotional Organisation; the Passions and the Power. Blackwell. Available electronically through MyiLibrary – BCU Library.
Fineman, S, (2013). Understanding Emotion at Work. London. Sage
Fineman, S. Gabriel, Y. (1996). Experiencing Organisations. London. Sage
Moon, J. (2018). Critical Thinking. An Exploration of Theory and Practice. Abingdon. Routledge
Moon, J. (2016). Learning Journals. A Handbook for Reflective Practice and Professional Development. London. Routledge.
Pedler, M., Burgoyne, J & Boydell, T. (2001). A Manager’s Guide to Self Development. McGraw-Hill.
Schein, E. (1988). Organizational Psychology. Englewood Cliffs. Prentice Hall