Plant Services - June 2008 - (Page 54)

IN THE TRENCHES surveillance cameras could be argued to violate Al’s right to privacy. However, Al had no reasonable expectation of privacy when working at the company dock, and he has no legitimate claim against Acme for recording his activities. This scenario proves the old adage that one man’s trash is another man’s treasure. Julie Badel, partner Epstein Becker & Green, P.C (312) 499-1418 jbadel@ebglaw.com reduce undeliverable packages (which they are paying for). The question comes up: When is salvaging from the trash a crime? Well, I’ll have to leave the technical explanation to my attorney co-contributor. From a non-lawyer perspective, I’d say that a company’s Dumpster is private property and not normally available to be raided. When copyrighted materials of value are involved, there are likely a number of other issues. My advice to individuals is to avoid the temptation to raid the corporate Dumpster. A corporate consultant says: People who understand root cause analysis know there’s seldom only one way to avoid an event. Acme could have ensured the policy about removing trash from company Dumpsters was communicated to all employees. Acme could have done a better job securing the disposed-of media. Al Bumme could have asked for authority to remove materials from the Dumpster. For that matter, Acme’s customers might have done a better job aligning their customer list to My advice to individuals would be to avoid the temptation to raid the corporate Dumpster. I’m not sure that Acme was best served by terminating Al for his Dumpster-diving. Obviously, he’s passionate about recycling. I have a rule about disciplining employees; first determine if the issues are related to a knowledge problem or a motivation problem. Knowledge problems include misunderstanding the situation. Motivation problems can be truly identified only when all probable knowledge issues have been eliminated; motivation problems are really attitude problems. Al didn’t appear to have a motivation problem. Channeling Al’s passion for reduced waste might be an opportunity to find appropriate solutions to the waste issue; not just the CDs but for other waste as well. In my opinion, Acme has overall responsibility for the unauthorized sale of copyrighted materials. The company didn’t safeguard the waste products and their employee benefited from the resale of these materials. The firms and individuals who own the copyrights are entitled to compensation when products of copyrighted materials are sold. Acme should discuss the issue with its customers, take the high road and be honest about what happened. In the short term, it might cost Acme some royalty fees; in the long run, though, integrity pays off through increased trust between customer and service provider. Most brand names are vigorously guarded, and companies might not appreciate their products being sold at a discount or resale location. Whether people who use eBay or consignment shops would purchase audio, video or software from another retail merchant is irrelevant. Acme had a duty to secure copyrighted materials; the copyright owners are entitled to compensation regardless of how they were sold. Tom Moriarty, PE, CMRP Organizational Reliability Professional Services Consultant (321) 773-3356 tjmpe@alidade-mer.com June 2008 EMERGENCY OVERHEAD PROTECTION FROM ROOF • PIPE • MACHINERY LEAKS Eliminate Down Time! Protect Machinery and Stock! Perfect for ofﬁces, shops & warehouses 101 USES! Diverts water to window, drain or sink Price subject to change without notice Diverters • Your Choice INDIVIDUALLY PACKAGED 3’ x 6’ – $65.40 3’ x 8’ – $68.16 3’ x 10’ – $70.20 6’ x 6’ – $76.44 6’ x 8’ – $82.86 6’ x 10’ – $89.22 Industrial vinyl reinforced with polyester Heavy-duty garden hose attachment Solid brass grommets Suspension and hose not included. Other sizes available upon request. Water — so essential to life, yet it can be your worst enemy when you least expect it. At last a product has been developed to make those untimely leaks a little less frustrating. Our Water Diverter protects valuable areas and equipment from roof leaks until a permanent solution can be accomplished. It is our opinion that every building that has a ﬁre extinguisher in case of a ﬁre or a ﬁrst aid kit in case of an injury, should have a least one Water Diverter in case of a disastrous roof leak. It is better to have one and not need it then to need it and not have it. Water pails in the middle of the ﬂoor are not considered Fire Protection. Keep the buckets out of sight — liability claims are there already. 1115 Main St., Holyoke, Mass. 01040 (413) 533-5347 Fax: (413) 536-4797 WWW.SUMLAC-DEWAY.COM 54 www.PLANTSERVICES.com http://WWW.SUMLAC-DEWAY.COM http://WWW.SUMLAC-DEWAY.COM http://www.PLANTSERVICES.com

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Plant Services - June 2008

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