Business and Policies

Introduction Business plays a significant role in policy decisions, since they are major players in the economy which are of great concern to everybody. This paper explores some of the policies made and how business can influence the policy making process.Advertising We will write a custom essay sample on Business and Policies specifically for you for only $16.05 $11/page Learn More Policies the Industry Might Have The corporation should give enough information to consumers through accurately indicating the ingredients, warning on the potential dangers of over consumption of specific foods, and also educate the consumers on the health requirements pertaining food nutrients. Firms should also participate in environmental cleaning acts which will help in reduction of environmental pollution as is done by McDonald Corporation. The firms can also get involved in offering free medical services to the public and also providing equipments to local hospitals. Im proving the working conditions of the employees as Burger king company, and assisting in research for enhancement of technology and agricultural methods will also be a good policy. It is ethically and legally right for the firms to make the consumers aware of the impending dangers of using a certain commodity, as this enables consumers to make an informed decision on whether to consume or not. On the other hand, technological improvement coupled with advanced agricultural methods will increase efficiency and production hence economically boosting the corporations’ activities. Besides, it is an act of philanthropy for the industry to equip hospitals and sponsor free medical services during given period of the year which helps in improving the health status of the society. Privileged Position of Business and Policy Making Privileged businesses control most of the resources and usually use this as a tool to ensure that policies which favour their activities sail through. These f irms can threaten to move their activities to other regions, laying off workers and causing other economic downfalls, forcing government to do everything possible to favour businesses because any economic ill performance is always blamed on the government.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Politicians also being a ware of the role business play in the economy of the society, they endeavor to involve them in the policy making process or make regulations that favour businesses which makes these firms have a very influential role. On top of that, as people are concerned about the performance of the economy, the powers of businesses in policy making becomes significantly huge, since many people associate good economic performance to businesses. Globalization Effect on Policy Making Globalization has led to global interdependency which has minimized the independence of internal policy making of governments, thus limiting the governmental control over some issues. Participation on the global arena for business or other forms of investment, limits the policy choices that are available on national level because demand for the governments is influenced by global requirements, this sometimes evens calls for amendment of long standing policies. Globalization, has also increased the influence of foreign countries in the policy making of a country mostly, through the international policy making process. It has been argued though, that globalization has no effect on national policy making and the important point is to have strong governments, which will enforce the rule of law and exercise democracy. The effects of globalization on national policy decisions still remains a subject of debate which requires research to solve it. Stakeholder Concerns on Corporate Governance The company should maximize the returns to the shareholders’ investments, ensure that t he creditors and suppliers are paid as per the agreements and also operate within the legal requirement of their nature of business. In addition, consumers’ interest should be taken into consideration while at the same time working towards limiting negative effects on the environment.Advertising We will write a custom essay sample on Business and Policies specifically for you for only $16.05 $11/page Learn More This essay on Business and Policies was written and submitted by user Audrina Blake to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Analyse how cultural variations can influence communication Essays

Analyse how cultural variations can influence communication Essays Analyse how cultural variations can influence communication Paper Analyse how cultural variations can influence communication Paper Good communication is essential to ensure optimum health care for people from different cultural backgrounds. Culture is something that we all have, so whilst some cultural beliefs and practices may seem strange to a white indigenous British person, then the opposite is likely to be true to a person from a different culture. Harris (1999) asserts that a culture is the socially learned ways of living found in human societies, and that it embraces all aspects of social life, including both thought and behaviour. Leinger (1991) described culture as ‘the learned, shared and transmitted values, beliefs, norms and lifeways of a particular group that guides their thinking, decisions and actions in patterned or certain ways (Burnard and Gill 2008). Culture is learned rather than innate and dynamic and constantly changing. The UK is becoming an increasingly diverse multicultural society and the different migration patterns throughout recent centuries have added to the dynamic nature of the British culture and society. It is estimated that there are at least 3 million people living in the UK where English is not their first language and the challenges that this poses for the NHS and other caring agencies are immense. At the heart of these challenges is the fostering of good communications where people from all cultural backgrounds can understand and respect each other. The first part of this essay outlines some cultural variations regarding communication. In the second part of this essay the implications that these cultural variations have for health and social care practice are investigated. Some of the different cultural variations that are detailed relate to national backgrounds, age, social class and gender. Cultural variations and communication It is a normal human condition to interpret actions, facial expressions, choice of words and other forms of communication according to a person’s cultural conditioning and past experience. As language is the primary vehicle of culture, perhaps the most obvious indicator of a person’s culture is the way they speak. Statistics from the 2011 Census shows that there are more than one hundred spoken languages in London, alone (Bentham, M 2013). There are also major differences in accents, dialect and usage of words throughout the general population of the United Kingdom. Furthermore, language is central to any subculture so different age groups, gender, different occupations and people with different lifestyles and preferences will develop their own cultures and languages. A good example of this is the recent use of the words ‘sick’ (meaning great or awesome) and ‘dope’ (meaning good, great or cool) by teenagers and young people. These words have a complete opposite meaning to people from an older generation. As well as cultural variations in the spoken word there are major variations in the body language of different cultures. Being bear hugged by a Russian person or being rebuked for smiling too much at somebody from Korea highlights the cultural blunders and confusions inherent in today’s global village. In Bulgaria, for instance, they shake their head for yes and nod for no, and in Korea touching your nose is very rude, and in France the V-sign is used for smoking. Other pitfalls include colours and symbols, for example in India the colour of mourning is white whilst in Saudi Arabia it is insulting to cross an ankle over a knee and display the sole of the shoe while talking to another person. Other taboos include Japanese people viewing it as rude to use too much eye contact, whilst in Saudi Arabia eye contact between a man and a woman would be frowned upon and seen by many as the woman being sexually promiscuous. And whilst people from Mediterranean countries are very animated when expressing themselves this may be misinterpreted to someone from a more reserved culture as being aggressive. It is important, therefore, in multicultural Britain that health and social care workers learn and embrace cultural variations in communication, as it is the responsibility of all healthcare professionals to provide equitable care for patients irrespective of their cultural background or communication abilities. Implications for Practice All health and social care workers need to be aware of cultural variations in communication. These include the care assistant who recognises the symbolic importance of the bindi and assists the Hindu service user to apply the red dot, to the midwife who refrains from installing praise on a new born Vietnamese baby because she (or he) understands the significance of Vietnamese taboos and superstitions. Furthermore, the surgeon who realises that the Asian child with a swastika painted on his head is displaying it for good look rather than for Nazi sympathiser reasons and this would hopefully prevent a reoccurrence where a surgeon refused to operate on a patient because they had a swastika tattoo (Day, M 2010). Other examples of understanding cultural variations in healthcare include the pharmacist underestimating the risks of dispensing medicines to non-literate people who statistically are in additional danger of being hospitalised through not being able to understand labels and written instructions. People from non-literate and lower social class groups are also less likely to be as autonomous in healthcare interactions as their white middle-class counterparts. One doctor in primary care reported how low literacy meant that patients were unable to articulate problems accurately and more time was required for explanation. These cultural barriers encourage healthcare workers, such as doctors, to make decisions for patients and service users believing that they are culturally limited in their ability to make big decisions. Equally, many older people may refrain from asking for clarification about matters for fear of being labelled confused or demented (Likupe, G 2014). Johnson et al (2004) reported that physicians in the US were more dominant and engaged in less patient-centred communication with African-American patients compared with white patients. As a result, African-American patients demonstrated reduced adherence to treatment regimens and less satisfaction with care compared with the white patients in the study (Likupe, G 2014) and again cultural variations influenced the communication and in turn outcomes for these patients. These examples highlight how cultural variations and misunderstandings can result in the manifestation of stereotypical views which in turn leads to discrimination. Another study showed that African-American women received different treatment from white women and that stereotyping influenced this treatment. These women were often stereotyped as being aggressive and this affected their interactions with healthcare professionals. Sometimes they felt that their conversations were being misinterpreted. One woman in the study described how a doctor was scared of her because she used her hands often when speaking and the doctor thought she was going to hit him (Likupe, G 2014). Cultural variations will also affect the way that health and social care workers and service users greet each other. The friendly, firm handshake common to the indigenous British population may appear rude to somebody from Arabic Middle-Eastern cultures. And in China, not only are weak handshakes preferred, but the custom is to hold on for an extended time after the initial shake. With no knowledge of this the indigenous healthcare worker may believe that the patient is very nervous. On the other hand receiving an extra firm hand shake from somebody with a South African culture, will not mean that they are being aggressive as in South Africa, the stronger the handshake, the better. Some cultures prohibit physical contact between men and women, so an handshake greeting would not be an option as it may cause offence. In such circumstances a nod of the head may be the appropriate way to greet a service user, and understanding these nuances are vital for building up relationships of respect and trust with the client and their family. There are also other cultural taboos that the healthcare worker will benefit from knowing. For example, not to shake hands over the doorstep when leaving the home of a Russian service-user, as they believe that this may cause an argument. Russian culture also has a different approach to proximity. Proxemics reveals that people handle space differently, depending on the type of culture they come from. If personal space is violated, people from individualistic cultures may react actively while people from collectivist cultures may adopt a passive stance. It is crucial for healthcare workers to understand more about how physical space is dealt with in different cultures in order to increase their comprehension and expression. Axtell (1997 p40) places cultures into the following categories. High contact† are touching cultures (for example, Middle East, Latin American, Greece,†¦), â€Å"moderate contact† are middle ground (for example, France, China, Ireland,†¦) and â€Å"low contact† do not touch (for example, Japan, US, England,†¦). Healthcare workers need to be sensitive to these differences since a body gesture can appear personal or intimate depending on the culture of the person. Perceptions of health and well-being, illness and disease are culturally defined and healthcare workers need to be aware of how this may translate to the way a service user understands and articulates pain. Some commentators have pointed out that some cultures have a more stoic attitude towards pain whilst others are more expressive with their reaction to pain. Expressive patients often come from Hispanic, Middle Eastern, and Mediterranean backgrounds, whilst stoic patients often come from Northern European and Asian backgrounds. However, whilst providing meaning to the way an individual responds to illness and other conditions, healthcare workers should not stereotype and always be vigilante when looking out for signs of ill health. Following on, some people may believe that their illness is caused by God, due to a sin (morality failure), and even karma. For instance, an Indian patient may believe that their illness or condition is due to events in a past life. Whilst acknowledging these beliefs it is equally important that the service user is given the best care in order to produce the best outcomes as possible. It may be that a family member who is helping to perpetuate such beliefs is spoken to sensitively. Safeguarding may also become a concern if a dominant member of the family insists on always being present when healthcare workers are there. For example in matriarchal cultures the head female will expect all communication to first go through her, and in patriarchal cultures it will be the head male. Consequently, a teenage girl from a patriarchal family may be unwilling to speak in front of her father about the real reasons that she wants to visit a healthcare professional. The professional, such as a GP or district nurse needs to be aware of this, especially if the father or mother is always present during healthcare appointments (especially when they are adults). It could be, for example, related to sexual health and early intervention may prevent the dangers of a patient contracting a sexually transmitted infection or having an unwanted pregnancy. Such dilemmas of who to respect can be difficult for the healthcare worker. Being a core value of health and social care interactions, the concept of respect has much cultural meaning. For example, respect may mean different things to people from different cultures, and it is these cultural differences that need to be taken into account when providing care. For example, in most African cultures, older people prefer not to be addressed by their first names and may like to be referred to as uncle, aunt or mama, depending on the relationship and difference in age between those they are communicating with. In Asian cultures older people may prefer to be addressed by their titles, such as doctor, Mr or Mrs (Likupe, G 2014). Due to negative stereotypes of older people it has also be shown that many younger people depersonalise older people in a process known as ‘over-accommodation’ where they use ‘elderspeak’. This involves communication being overly polite and warm, with a slowed speaking rate, increased volume of speech and use of exaggerated intonation and simple language. This for many older people is seen as condescending and patronising, to the older person and can result in lowering their self-esteem. Therefore, healthcare workers need to be aware that this may happen when talking to older people and be active in refraining from using elderspeak and pointing out to colleagues if they see them over accommodating. This is particularly important as elderspeak has been shown to increase aggressiveness and decrease receptiveness to care interventions. A good guide for health and social care organisations would be for them to provide staff with information about different cultural groups. For example, how in some cultures, old age is associated with wisdom, and often used to indicate status and power, and younger people are expected to respect older people. Another factor which has major implications to the way cultural variations may affect communication is the increasing reliance of overseas workers in British healthcare who bring with them a diverse range of cultures. For example, in 2005 Internationally Recruited Nurses (IRNs) accounted for more than 60% of the nursing workforce in some healthcare organisations (Nursing Standard). Whilst the majority of these healthcare workers provide an excellent service there has been criticism that due to language barriers some are unable to engage in ‘small-talk’ with service users. These informal chats between nurse and patient are arguably very important to the patient’s experience and road to recovery. Conclusion It is important for health and social care workers to become familiar with cultural practices and behaviours because unfamiliarity could lead to misinterpretation and misunderstanding, with service users not receiving the desired care, thereby affecting safety and outcomes. The refusal of a Jewish surgeon to operate on a patient with a Nazi tattoo highlights the difficulties of cultural variations in communication and health and social care contexts (Day, M 2010). This also illustrates the power of non-verbal communication and how signs, symbols and the use of body language can influence the way a person interprets another person’s actions and intentions. In Multi-cultural Britain it is important that health and social care providers and educators make sure that the healthcare workforce are aware of cultural variations in health and social care in order to deliver the best care possible and achieve the best outcomes. Reference standard.co.uk/news/london/census-data-shows-100-different-languages-spoken-in-almost-every-london-borough-8472483.html

Within the context of the boundaryless career critically analyse the Essay

Within the context of the boundaryless career critically analyse the challenges faced by graduates in a volatile global economy - Essay Example This factor deters many graduates from securing internship and job opportunities (Sturges 2000). There are issues such as lack of suitable skill required in the job market by employers and over qualification on other job areas (Queck 2011). Therefore, this paper is going to discuss the meaning a career and boundaryless career, the major challenges affecting graduates and their mechanisms of avoiding the setbacks. Additionally, it will also analyze the effects of volatile economy upon the graduates in their search for internships and jobs. Therefore, we define career as a form of profession that is taken by a person for certain duration with the purpose of personal development. On other hand, a boundaryless career entails those careers of changing companies, locations, jobs, specializations or industries. In other words, boundaryless careers have no bounds and it grants an individual the opportunity of movement. In addition, a person is able to define himself in accordance with his jo b rather than the company. This enables a person to guide their careers by adapting to the changing surroundings (Arthur 1997). Alternatively, several main contents of theoretical perspective influence graduates in boundaryless careers. ... Furthermore, opinion the persons who go against the society in terms of career development should not be ignored. This is backed by the career theory, which tries to comprehend the phenomena of careers and analyses aspects of careers beyond the usual confines of the society. However, I am against the argument that graduates should be offered employment they want and not the conventional grounds of traditional employment. This is because a number of factors have influenced the current graduates. For instance, demographic and workforce factors, changes in the organization structure and new trends in the job market. It is such attitudes of job discrimination that has prevented many graduates from securing jobs hence increasing the rate of unemployment. It is therefore, imperative to note that a theory such career theory backs boundaryless careers as it seeks to analyze the broader spectrum of career development (Lent & Brown 2005). Furthermore, this theory tries to break the traditional limitations of how society views careers. This theory incorporates among other issues career counseling that aims to understand the employee on how he finds the job and the challenges of doing the job (Shaikh 2011). This theory further aims to understand the networks of career development used by employees in boundaryless careers utilize to communicate. However, there critics of the career theory argue that it supports only pluralism instead of unity, which is unproductive for the worker and the organization. There are numerous challenges facing graduates in terms of securing internships and obtaining gainful employment. For example, there is the obstacle of

NYC history(Book review) Term Paper Example | Topics and Well Written Essays - 1500 words

NYC history(Book review) - Term Paper Example The history of New York City is also analyzed in the book written by Boss Tweed and Ackerman called, ‘the rise and fall of the corrupt pol who conceived the soul of modern New York’. In this book, Tweed is among the monumental characters that ascended and influenced the American history politics. He recorded clearly the career of Ackerman who is an investigator in the city’s history. Ackerman is an accessible, vibrant, and captivating legendary biographical figure who fixed elections and bribed the legislature of the State. This paper focuses on the history of New York City by unraveling what the authors in these two books said about the New York City. Ackerman succeeds in outlining the rise and fall of political leaders through his book that is characterized by betrayal and political intrigue. In addition, he explores graft, violence, courtroom drama that characterized daily life of the residents of this State. The author reveals how intercontinental police gave orders during presidential campaigns. Furthermore, the pace at which events are taking place in New York is very fast. Tweed was politically recognized in the city and New York State in 1868. He is more concerned about the events and not the grand thesis of urban, machine politics and reforms which he avoids (Burrows and Wallace 45). He leaves the readers with the chance to unveil the meaning of corruption and reforms that were formed to counter the politics during that time. In terms of the degree of corruption, one cannot be in a chance to gauge the real level of graft in New York. According to Tweed, it was hard to quantify the exact amount of corruption but all the ring members acquired something in the construction of Tammany hall regime in New York. Tweed became rich as he earned some funds in private favored by the public officials. His account was laundered with money through some undefined transactions that made it a princely catch. He made an error when he

Personal reflection - and academic literature to support that Essay

Personal reflection - and academic literature to support that reflection - Essay Example ate with company policies and decisions is another crucial role in my opinion as in any lack of communications the workflow can be interrupted and precious time can be wasted. On the other hand, keeping record and communicating with suppliers should be a separate role under a purchases department, that department should analyse marketing information and sales reports to anticipate the future supply needs and compare market prices with offers and freight. Finally, maintaining records of business meetings is an important part of the roles assigned to the secretary. In that regard a continuous follow-up can boost all other functions and remind them of their own deadlines mentioned and approved in the regular meetings, this can make the company leader work in following up with the progress of each department a much easier task, as well as the other roles in an organisation. Personally, I think my long experience in administrative roles had helped me significantly to cope with the presented tasks. I’ve had real life experience as a committee secretary for two years in my 15 years work experience. In addition to having a recent experience in business setup and managing a new business that helped me anticipate some of the similar progress timeframes I also had a pre-assumption on some facts and regulations that might be of assistance in some cases but an obstacle in others. For an example, I knew the time frame it takes  products to be purchased and the difficulty of sales. I also knew the profit percentage of the returns and the running expenses, but in return I had pre-assumptions that held me from anticipating the free facilities offered by the University Personally I’ve been faced with some challenges within the specific tasks of my role, and one could be my problem with time management issues. For the past 15 years, I  have attended few seminars and courses related to time management but unfortunately I keep misjudging my capacity for work volume and

Investigating Corruption In The Construction Industry Construction Essay

Investigating Corruption In The Construction Industry Construction Essay Corruption is a longstanding issue within the Construction Industry worldwide. What Effects have the Recent Bidding Scandals had on the UK Construction Industry and what are their Implications for the Future Worldwide, the construction sector is regularly rated as one of the most corrupt industries and the UK has not escaped these unlawful practices. In fact, in 2006 the Chartered Institute of Building (CIOB) published a survey entitled Corruption in the UK Construction Industry, which showed that corruption was present to some degree in many areas of this sector and that more should be done to tackle this issue. The industry was further rocked by the Office of Fair Tradings (OFT) Investigation into Bid Rigging in the Construction Industry. This topic is current and on-going and the main focus of my project. The aim of my project is to investigate the widespread effects and outcomes of bid rigging on the UK Construction Industry and how companies can tackle such problems. Scandals have included many large, high profile companies within the UK, damaging both reputations and trust. The project concludes that corruption in the form of bid rigging appears to be long standing and endemic in the construction industry and, often, an acceptable practice. Even though legislation against such practices exists and new legislation has/is coming on stream, this has not managed to stamp out these illegal practices. If the UK finds it difficult to control corrupt practices with legislation in place it most certainly follows that worldwide where practices are not subject to the same legislation, the problem is huge. There is a need for monitoring, greater transparency and staying within the law. Introduction (292) There are many reasons why corruption takes place including greed, a lack of transparency and accountability, bureaucracy and a lack of law enforcement. Corruption is fuelled by the enormous sums of money involved in carrying out projects and wherever money changes hands practices are open to corruption. Corruption is illegal and causes serious problems. Corruption in construction takes many different forms, from bribery or misuse of power/position to obtaining large sums of money through fraud or other dishonest behaviour. In order to win contracts companies would normally not have won, corrupt practices take place. This has an effect on the decision making and independent processes and causes costs to rise. Corruption in the construction industry is a world-wide problem; it is not just confined to developing countries, as there is extensive evidence of corruption taking place in developed industrialised countries. The United Kingdom has extensive experience of corruption in the construction industry and, as a consequence, advanced systems of corruption have evolved. High profile, leading companies have been involved in corruption scandals provided by large public sector contracts being issued to the private sector, which often means that taxpayers are likely to have been massively overcharged. Politicians have been found guilty of improperly accepting cash from businesses. Scandals such as cash for amendments and cash for favours have been uncovered in recent years. Public sector contracts and concessions are the single greatest source of corruption in the UK and the majority of corruption cases in the UK are connected to the award of contracts. The use of illegal payments for contracts is widespread. A report by Transparency International listed the construction industry as the business sector most prone to bribery ahead of even the arms, defence, oil and gas industries. Research Review (2134) This review focuses on reliable primary and secondary sources. Very little speculative information has been used in this study. Corruption is an illegal practice and by its nature is difficult to establish and to accuse companies of such practices without circumstantial evidence would likely lead to cases of slander or libel as the companys reputation would be at stake. No company is going to admit freely to adopting an illegal practice. Speculative information is therefore in short supply. What is corruption? Corruption, with reference to the construction industry, is the abuse of power or resources for personal gain by extortion or offering bribes. This includes collusion, i.e. an agreement between two or more people. It is used to limit open competition by deceiving or defrauding others of their legal rights, leading to gaining an unfair advantage. In a Global Corruption Report produced by Transparency International in 2005 it was estimated that the cost of corruption in the UK could be circa  £3.75 billion per annum, a vast sum of money. At the time they drew up an anti-corruption code for individuals in the construction and engineering industry. Tendering The main purpose for the principal contractor, the sub contractors and suppliers is to win contract work on a competitive basis and to ensure that the profit margin placed within the tender is maintained or exceeded. If the reverse occurs, where a loss is made, it can be made up during the trading period of the company with other projects; however large losses cannot be maintained indefinitely and could lead eventually to the closure of the company. Some companies will submit to tender with no intention of winning the work, solely to maintain the reputation and references of their company. This can have adverse effects on smaller companies who need the work however are beaten by larger companies. There is a cost to the contractor for tendering. Construction firms have to survive in a high risk market and losing contractors lose their costs of tendering. Illegal Practices within the Construction Industry affecting the tendering process Cartel A formal agreement among competing firms to fix prices, marketing and production. [The European Unions competition law explicitly forbids cartels and related practices. Competition Act 1998 and Article 81 of the EU Treaty] Bid Rigging Bid rigging is a form of fraud in which a commercial contract is promised to one party even though several other parties also present a bid to make the process look acceptable. This is a form of price fixing and illegal in most countries, including the UK. Cover Pricing Cover pricing takes place when companies join together to overbid for a contract they have no intention of winning. One or more bidders tenders an inflated bid with an intention not to win the contract This is misleading to clients as it gives a false representation of the real extent of the competition as the client is unaware of the contact between the bidders and cheaper firms are less likely to be invited to tender. Often builders do this to avoid being taken off the tendering list of contractors. Compensation payments known as bungs may take place in exchange for a cover price Both these practices can have the effect of inflating the final contract price. Blacklisting A blacklist is a list or register of persons who, for one reason or another, are being denied a particular privilege, service mobility, access or recognition. SCANDALS Case Studies One very large scandal to hit the UK construction industry recently was the Office of Fair Tradings investigation into bid rigging and cover pricing. A primary source of information. The Office of Fair Trading (OFT) started one of the largest investigations in its history against the construction industry in April 2004. The investigation into the cartel behaviour which it claims artificially inflated the cost of  £3 billion of public and private sector contracts. 112 companies were accused of years of price fixing. It formally accused the industry of bid rigging and cover pricing, contrary to the Competition Act 1998. The contracts investigated included several public sector projects to build schools, hospitals, universities and social housing. This bid rigging often involved the use of false invoices. The OFT reported that in the course of its investigation it found evidence of cover pricing in thousands of tender processes in the construction industry involving many more than those named. The inquiry involved dozens of investigators and lawyers and firms had their offices raided during the process. The industry admitted privately that the practice of bid rigging and cover price fixing was widespread for some time before the OFT intervened. Among those named were large companies such as Carillion, Balfour Beatty and the Kier Group but many small family run businesses were also involved. The OFT had the power to fine the companies up to 10% of their global turnover for breaches of competition rules and several firms admitted their guilt in order to reduce their fines to 1% or 2% of turnover. The Information Commissioners Office (ICO), also a primary source of information, uncovered serious breaches of the Data Protection Act and served Enforcement Notices on 14 construction firms who had paid for illegal information on potential employees. Firms including Balfour Beatty and Laing ORourke paid annual fees of  £3,000 to obtain sensitive information on workers and over 40 construction companies were accused of flouting the law by paying for personal information on blacklisted construction workers. Construction firms would use the illegal list to vet potential new employees. The data included information on personal relationships, trade union activity and employment history. The ICO said that companies paid a  £3,000 annual fee to a firm known as the Consulting Association to use the service. Consulting Association was owned by Ian Kerr, who faced prosecution by the ICO for breaching the Data Protection Act. According to the ICO the firm operated for 15 years. Deputy Information Commissioner, David Smith, said: This is a serious breach of the Data Protection Act. Not only was personal information held on individuals without their knowledge or consent but the very existence of the database was repeatedly denied. The covert system enabled Mr Kerr to unlawfully trade personal information on workers for many years helping the construction industry to vet prospective employees. Smith said the ICO was considering what regulatory action to take against the construction firms who had paid for personal information from the blacklist. I remind business leaders that they must take their obligations under the Data Protection Act seriously. From 16 March the ICO said it will operate a dedicated enquiry system for people who believe personal information about them may be held on the database. Prosecutions for such corrupt activities are not new. A famous corruption case from the 1970s was the Poulson case, involving public works contracts, which led to the resignation of a Government Minister, the then Home Secretary, The Right Honourable Reginald Maudling. This case was very well documented legally and is a primary source of information. Architect John Poulson was jailed for five years in 1974 for corruption after being found guilty of bribing public figures to win contracts. After his business failed in 1972 an investigation showed it had been making payments to several MPs, police officers, health authorities and civil servants. This case was one of the longest for corruption in legal history. Scandal of  £19m rigged building tenders An investigation by the Office of Fair Trading found that two firms colluded with each other on tendering for the  £8.3m project to renovate Bradfords Eastbrook Hall. Bidding processes designed to ensure clients and, in many cases taxpayers, receive the best possible choice and prices were distorted, creating a real risk of increased prices. This decision sends a strong message that anti-competitive and illegal practices, including cover pricing, must cease. Five charged with corruption over  £66m engineering construction Five men have been charged with offences of conspiracy to corrupt following a two year investigation into allegations of corruption in the energy sector between January 2001 and August 2009 and it is alleged that inside information was being offered to companies bidding for contracts in high value engineering projects in return for a percentage of the contract value. The case will be heard during November 2010. Local examples Last year, Regional Development Agency Advantage West Midlands withheld  £511,046 of funding from Stoke-on-Trent council due to concerns over the procurement procedures of the North Staffordshire Regeneration Partnership (NSRP), for which Stoke-on-Trent Council is the accountable body. AWM finally released the money last month after NSRP agreed to address procurement issues over the engagement of consultants identified by an audit and independent review by KPMG. The council insisted that no deliberate wrong-doing had taken place. In March this year, Staffordshire Police began an investigation into the award of the contract to  demolish the former Westcliffe Hospital site, which was re-tendered following an internal investigation which found that the correct procedures had not been followed. The meeting also heard that the council had paid a company  £3.2 million for building maintenance over the past three years without tendering for the work. The above are a few example cases of which there are many. These practices have still taken place despite the existence of laws governing conduct. It is recognised that it is up to each individual company to comply with the law and there are severe penalties in force for those that do not. The UK construction industry is committed to compliance with UK and EU competition law. Competition helps to lower prices and give more choice. There are established laws in the UK on anti-competitive behaviour. The Competition Act 1998 This law prohibits anti competitive agreements such as cartels between businesses and also anti competitive behaviour. The OFT is there to enforce competition laws but does rely on complaints to help enforcement. A wide range of information published by the OFT is available to companies on the Competition Act. Enterprise Act 2002 This is an Act passed to give legal powers to the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service. à ¢Ã¢â€š ¬Ã‚ ¦to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices à ¢Ã¢â€š ¬Ã‚ ¦.. The Serious Fraud Office (SFO) Available advice from the SFO includes a list of corruption indicators. Some of these indicators can be applied to the construction industry both in the UK and worldwide. Abnormal cash payments Pressure exerted for payments to be made urgently or ahead of schedule Payments being made through 3rd party country, e.g. goods or services supplied to country A but payment is being made, usually to shell company in country B Abnormally high commission percentage being paid to a particular agency. This may be split into 2 accounts for the same agent, often in different jurisdictions Private meetings with public contractors or companies hoping to tender for contracts Lavish gifts being received Individual never takes time off even if ill, or holidays, or insists on dealing with specific contractors him/herself Making unexpected or illogical decisions accepting projects or contracts Unusually smooth process of cases where individual does not have the expected level of knowledge or expertise Abusing decision process or delegated powers in specific cases Agreeing contracts not favourable to the organisation either with terms or time period Unexplained preference for certain contractors during tendering period Avoidance of independent checks on tendering or contracting processes Raising barriers around specific roles or departments which are key in the tendering/contracting process Bypassing normal tendering/contractors procedure Invoices being agreed in excess of contract without reasonable cause Missing documents or records regarding meetings or decisions Company procedures or guidelines not being followed The payment of or making funds available for high value expenses or school fees etc on behalf of others. Another Act coming into force in April 2011 to help clean up corruption is the UK Bribery Act which will have a significant effect on the construction industry. The UK will reinforce its reputation as one of the least corrupt countries in the world, when the Bribery Act comes into force in April 2011. Such conduct is not without significant consequences. If such practices go undetected companies can benefit from huge financial rewards at the expense of the client or tax payer; if caught, the guilty can face huge fines or even imprisonment, not to mention tarnished reputations and blacklisting for breaching trust. Discussion/Development/Analysis (2518) What Effects have the Recent Bidding Scandals had on the UK Construction Industry and what are their Implications for the Future? An internal audit of building projects commissioned by Nottingham University Hospital NHS Trust in 2004 developed into a major OFT investigation with serious implications for the Construction Industry. This became the biggest investigation the OFT had ever conducted into cartels and price fixing. The OFT focused its investigation on approximately 240 alleged infringements even though evidence was uncovered on cover pricing being undertaken by many more companies. Evidence was uncovered on cover pricing in over 4000 tenders involving over 1000 companies. The effects of the scandal resulted in one hundred and three companies being implicated in the OFTs investigation into bid rigging, including some very high profile companies. This was scandalous as many of these projects were for the public sector, involving schools and hospitals. It was all the more scandalous as the companies involved were some of the biggest names in the construction industry Carillion, Balfour Beatty, Kier Group, Interserve and many more. In some cases the winning bidder made payments of several thousand pounds, known as compensation payments (kickbacks), to the others submitting high bids. Companies were visited under the Competition Act during the investigation and several of these companies admitted breaking the law and assisted in the investigation in the hope of their fines being reduced. Fines totalling c. £129.5 million were imposed on those companies involved in the scandal. The Kier Group received the largest fine at  £17.9 million. A table listing those involved and the amount of fines imposed is attached as Appendix 2. The construction industry showed it could not be trusted. The effect of the recent scandal has exposed high profile firms in the UK cheating. Until corruption is regulated in the UK/EU how can UK companies be expected to bid legally/successfully for overseas contracts? The companies that were found guilty of these offences also risked being barred from taking part in future contracts but Government intervention ensured that these firms were not blacklisted by the public sector and the OFT issued an information note for the guidance of those involved in procurement in the public and private sectors, which included a recommendation that these companies should not be automatically excluded from tendering in the future (see below). Extract: The OFT considers that the following factors are relevant to the above: The Parties have received significant financial penalties appropriate to the infringement findings in the Decision; It would be wrong automatically to assume that construction companies that are not named in the Decision have not also been involved in bid rigging; As a result of the OFTs investigation, the Parties can be expected to be particularly aware of the competition rules and the need for compliance and, if anything, are more likely to be compliant; and Many of the Parties have cooperated fully with the OFTs investigation and a significant proportion have taken measures to introduce or reinforce formal compliance programmes and to ensure that their staff are aware of their competition law obligations. For the avoidance of doubt, this recommendation is only intended to apply to this case. It should not be assumed that the OFT would take a similar view in future cases. Did the Government intervene due to the involvement of such high profile national companies? It certainly gave them a second chance. The fact that cover pricing has been common in the construction industry is certainly a contributory factor. The OFT operates a policy where financial incentives of up to  £100,000 are available in return for information on cartels and illegal practices. This, however, raises the issue of whistle blowing and protection for those who come forward with information. The recent bidding scandals have raised the profile of ethical conduct in the construction industry where many people did not realise that their unethical behaviour was a criminal offence which could also lead to losing their job or even their professional status. Not everyone was sympathetic to the bid rigging scandal. In 2008 Sir John Egan, who chaired the construction industry task force that produced the 1998 Egan Report (Rethinking Construction) was openly critical of the OFT investigation saying that public sector clients only had themselves to blame for the alleged bid riggings, blaming the culture of public sector lowest price procurement. I have little sympathy for government over this OFT investigation. What do they expect if they persist in procuring based on lowest price? I am very sad the public sector is still using this short cut approach. It is still procuring on lowest price and as long as this is the case, proper tendering cant happen. It is not illegal to submit an inflated bit but it is the communication between the bidder and its competitors that infringes the law. On a smaller scale following a discussion with the proprietor of a local building company, who preferred to remain anonymous, it was apparent that cover pricing was common even on a small scale. He admitted that he had obtained quotes from colleagues that enabled him to ensure he was submitting the lowest quote, usually in the case of insurance quotes or small works for local authorities and had provided quotes for colleagues in the same way.. However, in his defence, in the case of insurance claims he stated this was sometimes done on behalf of the client who wanted to ensure they secured the services of the contractor they knew and trusted by trying to ensure the preferred contractor submitted the lowest quote. It was also said that in hard times this act of cover pricing was seen as a survival technique and a way of keeping the business going. Collusion is not only confined to large companies. Small companies and the self employed are at a greater disadvantage when tendering due t o limited resources. On speaking to a Quantity Surveyor who works for a national company she told me that late bids were never considered and negotiations with tenderers was illegal. In order to achieve fair competitive tendering it is essential that any unauthorised amendments to or qualifications of the tender documents by a tenderer render the tender non-compliant and subject to rejection, although the tenderer should be given the opportunity to withdraw the amendments/qualifications and stand by his tender. It is also essential that unsolicited alternative bids, either in terms of price or time, are considered non-compliant and rejected. How might bid rigging be prevented? A tender is the construction industry method whereby clients choose the main contractor. The practice of building firms quoting for free is a problem. It takes a lot of time and effort to produce an accurate quotation. Costs for tendering for contracts that are not won have to be absorbed by the company at its own expense. Cover pricing has been seen as a means to ease the loss. For every amount lost in unsuccessful bids more work must be generated to cover those costs or the profit is lost through the lost tenders. Bid rigging has been seen as a method of compensation. Each construction project is individual and there is no guarantee to companies that they will win any work at all through the tendering process. Perhaps procurement policies and/or tendering processes are in need of overhaul as it is not the tender price that matters but the final building cost, which is subject to all manner of variations due to delays, weather, etc. The scandal of bid rigging and the subsequent high profile media coverage has undoubtedly affected client thinking. Firms should now be more aware that suspicion and whistleblowing has been made easier to act on, which may act as a deterrent. There are measures which can be promoted to try to combat the perceived need for bid rigging, although there is probably none so attractive as financial gain! One of the most obvious measures is regular and appropriate training which can be used on a local and national scale so awareness is raised as to what types of behaviour are illegal. This can also be used to reinforce moral obligation to do what is correct. Again, the self employed small contractor is highly unlikely to be able to afford the time or the additional cost for training. It maybe that small firms cannot bypass bid rigging. Where firms are able to employ professionals to prepare bids and tenders the likelihood of bid rigging reduces as they would run the risk of losing their professional status if found to be undertaking illegal practices. Practical steps can be taken to help reduce the risks, such as the use of non-collusion clauses and careful design of procurement processes. In 2009 the National Federation of Builders (NFB) and the UK contractors Group launched a competition law code of conduct (see extract below). This highlighted the need for construction companies to establish internal procedures to prevent anti-competitive practices. It remains to be seen whether this Code will have a lasting effect on contract practices. Codes have to be adopted together with training and evaluation on a continuing basis and made an integral part of the companys culture. The Competition Law Code of Conduct Extract The UK construction industry is committed to compliance with UK and EU competition law. The industry understands that the purpose of competition law is to preserve free, fair and efficient competition for the benefit of all companies operating in the industry and their clients. The industry agrees at all times to commit to ensuring the highest standards of competition law compliance within the sector by adhering in all of its business practices to the principle of fair competition and to ensure that construction companies do not engage in conduct which is anti-competitive. Construction companies must: not restrain competition amongst themselves through agreements, arrangements or understandings that restrict competition; bid for contracts and tenders independently from and without any agreement or arrangement with their competitors; or not exchange competitively sensitive information or engage in discussions that may lead to the co-ordination of competitive behaviour and, in particular, must not share information about current or future pricing intentions for tenders, or any element that might affect prices or pricing practices, including the exchange of cover prices. Construction companies understand that co-operation with a competitor is justified only under the exceptions permitted by the competition rules or where they have been expressly required to enter into such arrangements by the client, for example, certain joint ventures and framework agreements, in which case such arrangements will be fully disclosed to the client. The industry understands that each individual construction company is responsible for its own compliance with competition law and that the consequences of breaching competition law are severe including possible penalties, director disqualification, criminal sanctions and damages actions. Construction companies will therefore endeavour to: ensure that competition law compliance will be achieved through implementing effective competition compliance policies and guidelines throughout their businesses; and promote an understanding of and compliance with competition law throughout their supply chains, including with their sub-contractors. This may or may not prove to be effective in cleaning up the industry as it is non-binding. In the light of recent problems clients may not be happy with verbal reassurances on competition law compliance. An overhaul of tendering processes in light of new regulations could help to avoid bid rigging. The Organisation for Economic Cooperation and Development (OECD), together with the assistance of the OFT has issued the following best practice guidelines: Guidelines for Fighting Bid Rigging in Public Procurement Designing Tenders to reduce bid rigging Detecting bid rigging in public procurement A checklist includes: Bids received at the same time or containing similar or unusual wording. Identical prices. Bids containing less detail than expected. The likely bidder failing to submit a bid. The lowest bidder not taking the contract. Bids that drop on the entry of a new or infrequent bidder. The successful bidder later subcontracting work to a supplier that submitted a higher bid. Expected discounts suddenly vanishing or other last minute changes. Suspiciously high bids without logical cost differences (e.g. delivery distances). A bidder betraying discussions with others or with knowledge of previous bids. The construction industry has been badly affected by the recession and competition is fierce. It has put itself in the spotlight and faces further scrutiny. It may be sensible for companies to carry out their own evaluation of project procurement to check for any anti-competitive behaviour. Corruption has a cost both in terms of reputation and uneconomic projects, raising the cost to the client. The Future The OFT also published a report in June of this year on the evaluation of the impact of its investigation into bid rigging in the construction industry. The research was based on surveys of construction contractors and procurers; first phase 2008 and second phase 2010. Nine in 10 construction firms now recognise that bid rigging, including cover pricing, is a serious breach of competition law with associated penalties. Approximately two in three procurers have introduced a new mechanism in the last two years to detect or prevent anti-competitive practices. A recognised way forward is the adoption of a company competition compliance policy to minimise risk, together wit

preparation of isopentyl acetate :: essays research papers

INTRODUCTION Isopentyl acetate, "banana oil", is a naturally occurring compound that possesses a distinctive odor. It is found in bananas, as well as many other organisms. This experiment attempts to produce isopentyl acetate by heating under reflux, which involves heating the mixture in a flask with a condenser placed vertically in the neck since any escaping vapours condense and run back into the flask, by combining isopentyl alcohol with acetic acid and an acid catalyst. The product was isolated using a combination of techniques -- acid-base extraction, drying, and distillation -- and was characterized by its boiling temperature and its refractive index. Esterification is a condensation reaction where two molecules are joined together to form a larger molecule with the simultaneous loss of water. This ester in this experiment is isopentyl acetate formed from acetic acid and isopentyl alcohol. The reaction is catalyzed by hydrochloric acid, a Fisher esterification process, (McMurry, p780-781) but the catalyst affects only the rate of reaction, and not the extent of reaction. The desired product accumulates only if the equilibrium constant is favorable. As it happens, the equilibrium constant for this reaction is rather small (~4) (comparing bond energies in the reactants and products will tip you off as to why the equilibrium constant is so small). Therefore, simply mixing equal amounts of the starting materials will convert only about 67% of the starting material into product. To drive the equilibrium forward Le Chatelier's principle is used, in this case there are two ways to adjust reagent concentrations to force isopentyl alcohol to become isopentyl acetate. One way is to remove product as it forms. The other way is to use a large excess of acetic acid. This experiment is based on the latter approach, but it raises two issues. We can use excess acetic acid only if acetic acid is cheap, and if unreacted acetic acid can be removed easily from the product mixture (Organic chemistry lab. Manual, p32). In this lab had to use acid- base extraction process. Since isopentyl acetate is soluble in diethyl ether, but acetic acid is soluble in both solvents. Therefore, a simple extraction procedure would remove only some of the acetic acid from isopentyl acetate, but it would not completely separate the two compounds. An acid-base extraction improves on the simple two-solvent extraction scheme by using acid-base reactions to change acetic acid into another compound with different solubility behavior. Hence, we convert acetic acid into, sodium acetate, and obtain a compound that is soluble in water, but not in diethyl ether.