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Author: Subject: UCLA prof and UC system face felony charges after lab accident
AndersHoveland
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[*] posted on 21-1-2012 at 14:10


Is it really fair to hold the institution or instructor completely responsible? Because unless there has been intentional negligence, the concept of responsibility is really quite subjective. These types of accidents are often the combined indirect result of the actions and inactions of a countless number of people (for example the chemical manufacturer or the student herself). Trying to determine what all those people should and should not have done, and how much responsibility each should be held to as a result of their actions or inactions, is not a simple affair. The very fact that the regulatory agencies exist is proof that the court system in inadequate to handle these types of complex problems.

Often when something goes wrong, everyone wants to conveniently point the blame somewhere, but this often results in unfair injustice.

[Edited on 21-1-2012 by AndersHoveland]
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Neil
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[*] posted on 21-1-2012 at 15:14


...due diligence...
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Polverone
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31-1-2012 at 20:42
aliced25
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[*] posted on 12-3-2012 at 03:42


Quote: Originally posted by bbartlog  
This is a matter for a civil suit at most. Criminal charges are ridiculous.


No, I would say criminal charges are warranted and seriously overdue. Causing death by engaging in or allowing others to engage in conduct which is inherently and manifestly unsafe, knowing the likelihood of a bad outcome, while ignoring safety requirements and the rest, that is culpable.

There is a degree of acceptance of a known risk given the person knew what she was doing was dangerous, but supervision is required for a reason - that being that people tend to do dumb shit without it.

I personally have a major issue with people bypassing, turning off and/or ignoring safety measures through apathy or just plain stupidity. If you ignore safety requirements/measures and what they are designed to prevent happening happens, it isn't an accident - it's a fuck up. It would be an accident if it were unforeseen as being a real possibility, if it were foreseen as being a real possibility, then choosing to do so (or allow someone else to do so) is a case of piss poor judgement.

That the person would be killed might not be easily foreseeable, it doesn't have to be, everyone involved knew that fucking with pyrophoric chemicals without regard to safety is a fuckup waiting to happen and fire was always a possibility. Doing so without elementary precautions like flame-resistant outerwear near open containers of flammable solvent? You really cannot see the problem?

That this was "allowed" to happen, despite the lab and supervisor being aware of it, is what is being prosecuted. It amazes me, everyone knows that the OH&S requirements exist, but how many know the penalties for failing to abide by them and to ensure that employees abide by them? Bugger all, the laws aren't new, neither are the penalties, ignorance is no excuse nor is the fact that everyone else gets away with it. There is no excuse for those in charge ignoring dangerous, stupid stunts or work practices, they are responsible for what is going on.

If I got in a vehicle stewed to the gills and ran someone over, I'd be jailed, yet not that long ago being drunk was an excuse for doing so. What can be accepted changes and so it should.

[Edited on 12-3-2012 by aliced25]




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ScienceSquirrel
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