Re: [PSES] standards update and legal madness

2013-11-09 Thread Pat Lawler
- The customer could also view the situation as the standards body
performing due diligence, and making corrections to the standard when they
discover issues.  Performing standards maintenance helps protect the
customer in case of user lawsuits.
- I wonder if there's an 'errors and omissions' clause somewhere in the
standard or certification paperwork?  Maybe the standards body already has
insurance to cover issues like this.
- Could a certification body choose to withdraw their certification (now or
later) based on the hassle of a lawsuit? Go somewhere else to get
approval.

Pat


On Fri, Nov 8, 2013 at 10:45 AM, Brian Oconnell oconne...@tamuracorp.comwrote:

 None of this is a representation of my employer.

 A company makes a component for North American market designed for the
 needs of a single customer. The company received notices from CSA and UL
 with tabulation of standards corrections. The company informed affected
 customer of time and cost to update.

 The company then receives letter from the customer's legal dweebs - they
 want to see complete list of organizations and individuals that
 contributed to the errors that caused a mandatory update to the standard.

 The company's customer is considering pursuing a tort for lost opportunity
 and professional incompetence. Has this ever been done? Has a member of a
 TC/WG ever been served with a subpoena for this stuff? Is this stupid or
 just insane?

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Re: [PSES] standards update and legal madness

2013-11-09 Thread Richard Nute

Hi Brian:

... they want to see complete list of organizations
and individuals that contributed to the errors that
caused a mandatory update to the standard.

Errors is an assumption made by the customer lawyers.
I would disagree that the mandatory updates were due to
errors.

Seldom do published and established standards have errors.

Most standards changes are the result of new information
which is considered important to be included in the standard.

Safety standards published by UL (which are ANSI standards)
and CSA are consensus standards.  Everyone has a say in what
is (or is not) in the standard.  Sort of like naming Congress
for errors in Obamacare.


Rich

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Re: [PSES] standards update and legal madness

2013-11-09 Thread Brian Oconnell
FWIW, the legal dorks seem to be backing off. Probably because they did not see 
a big pay day.

Agree, in part, with Mr. Woodgate that the industry 'gets what they deserve'. 
But we have previously discussed the limits of corporate and individual 
participation in the standards development process. The new CEO supports my 
involvement, in both time and monies, in standards dev. During previous 15 
months, have volunteered for six committees/groups; and have submitted nine 
comments to various standards groups. three comments were acknowledged, and  
one comment was given consideration (the three acknowledged comments were to 
ANSI STPs). And kudos to UL for their support via the CSDS site.

Per Mr. Knute - also agree that the ANSI process seems to be run ok. But 
participation for ANSI STP is limited for good reason - they try not to allow 
any single interest category exceed 1/3, and most of these groups have more 
than enough reps from industry/mfrs('Producers'). The other reason will never 
serve on a committee is that I am not an expert on any single subject area, so 
the respective chairpersons are probably doing well to not allow half-wit 
redneck engineers, that want to write standards in Klingon, become members.

Finally, yes the company did design the product with consideration to 'future' 
requirements. But I still need a report that indicates the correct version of 
the standard. 

In any case, it is a beautiful Saturday afternoon in Southern California, and 
my dog misses me.

Brian

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Re: [PSES] standards update and legal madness

2013-11-09 Thread John Woodgate
In message 
e2bb98c9e17843a6ad8d5d1d6159b...@blupr02mb116.namprd02.prod.outlook.com
, dated Sat, 9 Nov 2013, Brian Oconnell oconne...@tamuracorp.com 
writes:


The other reason will never serve on a committee is that I am not an 
expert on any single subject area,


That's NOT a disadvantage, at least it hasn't been for me, and I've been 
doing standards work for 50 years. Clearly, you have to know when to 
speak and when not, but a naive question can often not only open a can 
of worms but administer an effective anthelmintic as well. Also, you can 
learn about new subjects and occasionally you find that the real experts 
don't know about something very helpful that can be adopted from another 
field.


so the respective chairpersons are probably doing well to not allow 
half-wit redneck engineers, that want to write standards in Klingon, 
become members.


In some committees, judging by the drafts they emit, those are the 
criteria for membership. Not exactly Klingon; English words are used but 
no useful meaning can be extracted from the sentences.

--
OOO - Own Opinions Only. With best wishes. See www.jmwa.demon.co.uk
Nondum ex silvis sumus
John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK

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