Is the sickness of Kelly Bates' derived from the contaminated water that Alumina Inc emitted? Although it has been corrected and the company was found compliant to the EPA regulations, the aftermath to the environment may come delayed. Evidence can be use against Alumina by pulling the EPA violation five years ago. It could be contributory but not sufficient enough to establish wrongful conduct from the violator. There was a breach of duty when the company failed to protect the environment and people from getting harmed.
To prove that it was the proximate legal cause of the disease, they have to present a medical valuation report and have to establish the truth or validity that the symptoms can be traced back close to the account of when Alumina had the violation. If proven GU lilt of negligence, the acts of the management should be held liable for the tort committed. Based on this serious accusation and company threat, Alumina should maintain a proactive approach to litigation and it would be beneficial for the company to look at establishing a stringent Enterprise Risk Management procedures.
The company must understand the organization as a whole, be able to identify the strategic goals. The management must commit to implement the ERM process. There is a need Of ongoing cycle of identification, assessment, monitoring and reporting of possible risks to the management to make a well-informed decision to mitigate the risk. Communication is mostly concentrated in the management but essential to be disseminated to the proper channels translated to the lower levels of the organization.
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A well-communicated, consistent, efficient risk management process becomes more essential to have a favorable outcome in having an effective ERM. A review and implementation of the policies and procedures is also detrimental to the health of the company to keep as a guideline for the organization. Last but not the least, training and education is a principal aspect to keep employees concurrent with their skills, knowledge, and abilities.
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