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Introduction

Introduction. Changes to the Contrast---who can make them and to what effect Safety Related Issues Ethics/Conflicts---Fermilab ethics rules regarding conflicts of interest. Agenda. The Change Clause in the Fermilab Contract --uses the legal theory of “apparent authority”

audrey-brennan
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Introduction

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Presentation Transcript

  1. Introduction Changes to the Contrast---who can make them and to what effect Safety Related Issues Ethics/Conflicts---Fermilab ethics rules regarding conflicts of interest

  2. Agenda The Change Clause in the Fermilab Contract --uses the legal theory of “apparent authority” Safety Related Issues Ethics --what are the rules --what to do if you have a question

  3. Effect • Fermilab-liability • “If any change under this clause causes an increase or decrease in the subcontractors cost of, or the time required for the performance of any part of work under this subcontract,…Fermilab shall make an equitable adjustment…

  4. Legal Doctrine—Apparent Authority “Such authority as he appears to have by reason of the actual authority he has”

  5. What Actual Authority • Fermilab policy allows “field changes” by these individuals of up to $5,000.00 on their authority (Contract Administrator after that) • Contractor only knows this person is authorized to direct changes

  6. Effect for the Employee • Liability • Who has it and what does it mean • The legal concepts of negligence and gross negligence • We are each potentially liable for the results of our negligent acts. • And the results of our GROSS NEGLIGENCE

  7. Negligence • The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do

  8. Example • You are engaged in electrical repairs • A workman asks you where is the ladder • You direct him to the ladder supply where on ladder is safe but another is not. • You know of the broken ladder and assume the workman does also. • He does not know of the danger and gets the broken ladder with predictable results

  9. Additional Facts • You know of the bad ladder and know it is the only one…however you want the job done so badly that you hide the ladder’s defect from the worker hoping the ladder will hold up long enough to complete the job. It doesn’t, and the workman is injured.

  10. Effect for the Employee • Liability • Who has it and what does it mean • The legal concepts of negligence and gross negligence • We are each potentially liable for the results of our negligent acts. • And the results of our GROSS NEGLIGENCE

  11. Ethics/Conflicts • Gratuities policy • Items of nominal value • --coffee cups, pencils, etc…

  12. Summary • Change Clause • Apparent Authority • Ethics/Conflicts • Gary Leonard 840-2719

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