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SCENARIO:
MC Metals, a subsidiary of a London-based multi-national corporation, is a large metal production company. The metal production process creates a waste residue, which MC Metals recycles or burns to create energy for its operations. Through a series of accidents in the recycling process, two workers were killed and some workers and fire fighting crew members were injured.
After the explosion, the Occupational Safety and Health Administration (‘OSHA’) investigated the incident and found that MC Metals was not only at fault but that it had violated numerous safety regulations. MC Metals, which has a reputation for being highly concerned with safety, is contesting all charges.
MC Metals has requested an Informal Settlement Conference with an OSHA representative. Due to the publicity surrounding the case, MC Metals has agreed to have a member of the Town Fire Department, a union representative, and a local resident/expert present at the meeting.
MAJOR LESSONS:
The importance (and difficulty) of clarifying interests
Coping with the loss of trust
Dealing with anger and self-righteousness
Dealing with differences in perception
The importance of public perceptions
Understanding sources of bargaining power
The power of objective criteria
Potential benefits of using neutral parties
Potential benefits of contingent agreements/triggers
TEACHING MATERIALS:
For all parties:
General instructions
Role specific Confidential Instructions for:
OSHA compliance and safety officer
OSHA Area Director
MC Metals Workers Union representative
Town fire chief
MC Metals safety manager
Woodville resident
Teacher's package
All the above
Teaching Notes on logistics, debriefing and key teaching points
KEYWORDS:
Multiparty negotiations; environmental health and safety dispute; environmental conflict resolution
SIMILAR SIMULATIONS:
Bog Berries Inc. vs. Federal Environmental Agency
Chemco Inc.
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