XYZ Hose Company And The Case Of The
Bursting Hose
Risk Assessment And
Engineering/Corporate Responsibility To The Public
Synopsis
In
1977, a nationally-respected, family-owned firm, the XYZ Hose Company, decided
to switch from their rayon-reinforced hoses to AAH #1. XYZ company
representatives ran tests, and decided that AAH #1 would prove more robust in
the field than the less expensive nylon and polyester products. Switching to
AAH #1 made sound business sense, because although more expensive than products
previously used, AAH #1 allowed them to undercut their competitors who used
stainless steel.
Until
the 1977 introduction of XYZ's inexpensive AAH #1 hose, farmers' cooperatives
characteristically used hoses reinforced with stainless steel. Thus, purchasing
a cheaper hose, made of less expensive material, would obviously mean
considerable cost savings for all involved, from the manufacturers, to the
farmers' cooperatives, to the farmers.
Unfortunately,
even though XYZ's AAH #1 hose was tested at both XYZ and an independent testing
laboratory, and even through it met all the current industry standards,
something went wrong with the XYZ AAH #1-reinforced anhydrous ammonia hose in
use, resulting in devastating consequences for several of the product's end
users. In one reported case, the AAH #1 hose burst while a Kansas farmer, Bob
Smith, was setting up the equipment for knifing the anhydrous ammonia product
into his fields. When the XYZ AAH #1 hose burst, releasing the toxic ammonia
into the air, the force of the discharge blew Smith's protective goggles off
his face. Smith is now legally blind, and has sustained lifetime disfigurement
as a consequence of severe burns received. His physical disabilities have made
him dependent on others, and he is now incapable of making a living as a farmer
the only occupation he has ever known.
As a
result of this and other calamitous incidents involving AAH #1 hose ruptures,
XYZ and the various farmers' cooperatives selling the product were sued by
farmers. Bob Smith, and other farmers like him, claimed that XYZ did not
properly design, test and monitor their product in use, and as such put the end
user at inordinate risk. XYZ, on the other hand, argued that their product was
misused or abused in the field; yet, because they are a responsible
corporation, XYZ decided to pay out-of-court settlements to the various
claimants for injuries they suffered while using the AAH #1 hose, no matter who
was ultimately at fault. The jury is still out on who is liable for the hose
ruptures.
The
case of the XYZ AAH #1 bursting hose raises important issues for engineers.
What are the engineering and corporate responsibilities to the public? In
addition, because XYZ's AAH #1 hose was innovative, and the specifications
(written by the Rubber Manufacturers Association and The Fertilizer Institute)
did not give guidelines for testing the experimental yarn as a reinforcing
material, there is a question about the XYZ design engineers' responsibilities.
When professional codes and regulations lag behind technological innovation,
can engineers use existing specifications as bench marks in risk assessment?
Questions:
What
are the ethical dilemmas engineers face when innovative design goes beyond
current industry standards and specifications?
What
are the engineering/corporate responsibilities to the public when innovation
fails?
Did
XYZ do the right things, at the right times? Did those involved in the case ask
the right questions during the innovation process, and did they ask the right
people at the right time? Why or why not? What entities should have been
responsible for the various aspects of market penetration and product safety:
XYZ design engineers, managers, and production and marketing personnel?
Engineers at the independent test labs? Professional Engineering Societies?
Those involved in writing the Rubber Manufacturers Association codes? Farmers'
Cooperatives? Farmers?
Should
XYZ have labeled their hoses with more explicit warnings? Would it have made
any difference?
After
withdrawing the product from the market, did XYZ's advertisement in the
Farmers' Cooperative Magazine suffice? Could the company have done more? If so,
what? When does their responsibility end and the farmers' cooperative's and
farmers' begin?
Did
XYZ act responsibly (or ethically) when arguing against the plaintiffs or other
defendants (i.e., the farmers' cooperatives) involved in legal proceedings
against them? Should XYZ have been sued at all?
Who is culpable for the damages the XYZ product inflicted on the end users (i.e., the farmers)? The chemical company that introduced AAH #1? XYZ and/or its engineers? The independent testing laboratories? The owners of the cooperatives supplying farmers with anhydrous ammonia hoses? The farmers? Why?