Tuesday, December 10, 2019

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Question: Investigate and research the Volkswagen (VW) diesel car scandal that was first reported, worldwide, in the late summer, early autumn of 2015. It is claimed that VW wrote software, for the engine management systems of many models of its diesel cars, that is able to detect whether each individual car is being tested for its exhaust emissions or whether the that same car is being driven on the open road. When being tested the car emits less poisonous exhaust emissions. On the road it emits more. What are the legal, social, ethical and professional issues relating to the above scenario? Answer: Introduction The report would investigate and research the Volkswagen (VW) diesel car scandal that was reported worldwide in the late summer, early autumn of 2015. Upon analysis of the case scenario, the researcher would identify the legal, social, ethical and professional issues associated with the car scandal (Blackwelder et al. 2016). A personal development plan would be developed to demonstrate the changed thoughts of the learner on social, legal, professional and ethical issues, which would keep him up to date about such occurrences in the mere future. Legal Issues The prosecutors of Germany instigated an investigation into the former Volkswagen Boss Martin Winterkorn regarding the rigging of vehicle emission tests, as the carmaker evacuated three engineers with an attempt to handle the chaotic situation (Coghlan, 2015). The former owner of Volkswagen received several criticisms for allegedly selling carts with manipulated emissions data. The brand was under huge legal pressure due to the disastrous scandal committed in their 78-year history. While getting involved in the lawsuit, the organization approached to a US Law Firm to conduct a thorough investigation on the scandal. The German Automakers felt under serious legal trouble, which included criminal charges. The criminal charges were brought under notice as the brand sold 11 million diesel cars worldwide, containing software, which assisted in cheating emission tests (Oldenkamp, van Zelm Huijbregts, 2016). The Clean Air Act probed for fine up to $37500 for each of the 482000 -suspected Volkswagen cars distributed in the United States. The total fine summed up to $18 billion approximately. There was also a probability of class-action lawsuits by the furious owners of Volkswagen. William Carter, the former general counsel of the California Environmental Protection agency stated that the brand would face a series of state and federal, administrative, civil and criminal charges. The brand also became the victim for Fraud charges as they used the medium of internet and the e-mail to implement the deceptive procedure. There were also queries arising about the money laundering acts as investigators suspected that Volkswagen launched illegal proceedings in the overseas market (Pearce, 2015). The legal authorities yielded gigantic fines for the rising concerns related the safety of the cars due to the scandal. The profit margin and the cash reserves of the brand suffered immensely due to the massive fines imposed on them. The internal auditing left the organization with further legal trouble leading to termination, restructuring and other corporate alterations. On 9 September 2015, the department of Justice launched a policy memorandum, which ordered prosecution of company executives involved in the fraud case of car scandal (Hankel, 2015). The investigators took active participation in examining the root of the issues, which also highlighted several unfamiliar faces in the rigging case. Volkswagen was not the only brand, which came under the limelight of US criminal investigation. Toyota and General Motors have also experienced the same music at an earlier stage. However, the two brands entered the Deferred Prosecution Agreements, which gave them stipulated time duration to put their organization into a particular order by dropping the criminal charges to a later date (CMA, 2016). The agreement turned out to be an attractive option for the brand to neutralize the chaotic situation in an effective manner. Germany had to transfer its nationals within the EU under the European Arrest Warrant Scheme. Bob Clifford, a partner at Clifford Law Offices launched a class action on behalf of the Volkswagen consumers. The Volkswagen dealers also initiated group actions for the contract breach, resulting into suing of the shareholders due to loss of shares in the competitive market (Carvalho, 2016). The environmental authorities also accused the brand for the number of asthma patients suffering by the poisonous emissions of the Volkswagen cars. Social Issues The Brand was an absolute failure in terms of corporate social responsibility. The brand intentionally planned a circumvent emissions control with the objective of giving an unfair advantage to the brand over its competitors. The ploy made Volkswagen the leading brand in the world in terms of supposedly environment friendly cars, elsewhere; it was poisoning and polluting the atmosphere in reality (Wolf, 2016). The resignation of the higher authorities clearly signified the fact that the CSR department of Volkswagen was aware of the unethical acts. Volkswagen did everything under their control to avoid the contaminating effects of the cars. In accordance to Volkswagen, CSR was a marketing exercise. The lust of enhancing the profit margins of the organization ultimately affected its social image in the competitive market. The organization did not bother about the fact that the cars are poisoning the atmosphere by emitting 40 times the legal limit of Nitrogen Oxide, as long they were in the top of the charts amongst the competitor brands (Zar et al. 2016). The ignorant approach towards the well-being of human population resulted in causing several health hazards. The brand preferred organizational sustainability in contrast to that of the planet, which lost several lives every year due to respiratory diseases. The Corporate Social Responsibility allowed the brand to parade their virtue and look promising, while the internal stands dipped down the line. The higher authorities manipulated the pollution level of its cars. The negative image earned by the brand would always mark a black spot in their success story. However, Volkswagen was named as the 11th best organization in the World, in terms of corporate social responsibility. Hundreds of pages were written about their improvement policies and contributions towards society, until the time reality unleashed its evil deeds towards the society (Barrett et al. 2015). Despite alteration of the corporate culture and management, the brand is struggling to impress the consumers. The failure to address the social concerns could blur their existence from the competitive market. Ethical Issues Volkswagen was accused for disregarding the EPA Laws and restrictions and inventing software for avoiding them. The high percentage of Nitrogen Oxides emissions polluted the air of the United States at an alarming rate. Volkswagen took active participation in cheating the emissions test by reducing the torque and Nitrogen Oxides emissions. When the car was not under testing, then a separate program enhanced the torque, acceleration and fuel economy of the cars, thus resulting in humongous emissions of Nitrogen Oxides (Nieuwenhuijsen et al. 2016). It was a clever ploy until it did not came under the lamp light. However, the approach was unethical in nature. A European Non-Profit Organization, The International Council for Clean Transportation was into a shock as Volkswagen was suddenly passing all the tests coming in their way. In order to address the particular concern, they contacted the Center for Alternative Fuels and Engine Emissions (CAFEE). CAFEE detected the non- compliancy of the engines, even though the car brands passed the US emission tests. When the results were out in the year 2014, the brand tried to divert the issues by stating that technical problems were the main reasons behind the increasing emissions of the Volkswagen Cars (Hough, 2013). However, EPA was clever enough to state that the 2016 Volkswagen Diesel models would not get certifications until they give plausible answers. The ethical dilemma finally made the Volkswagen Owner to surrender their unethical act of installing defeat device in their engines. The main culprit were the higher authorities who designed the scheme, that engineers intentionally signed off on code for avoiding the purposes of EPA and Clean Air Act Regulations. The cheating continued for seven long years, until the final detection came into effect. This kind of scenario could only take place that is ethically corrupted by nature. No one really suspected that Volkswagen would be indulged into unethical practice, which affected the integrity of the organization in a negative manner (Archer, 2015). The corporate maleficience caused several health hazards for the normal citizen s of the country such as asthma, lung infection, cardiac issues etc. The Volkswagen car scandal was one of the biggest business ethics failures in relation to scales and reputational loss. Upon performing the ethical misconduct, the brand lost the trust of the consumers, thus affecting the revenue and profit margin of the organization. The Volkswagen emissions scandal not could shook the sector of corporate governance but also raised concerns against the assistance of risk management (Holland et al. 2015). The Volkswagen crisis is outcome of a three-pronged governance and cultural instability in marketing, risk management and internal controls. The ethical misconduct came into effect due to lack of interconnectivity amongst the three sections. Professional issues The brand lost subsequent shares in their business dealings due to the car scandal issues, as it hampered the brand image and trust factor of the consumers in a negative manner (Boiten, 2013). The organization share was 19% lower in the fiscal year, which was a spot of bother for the business acquisitions of the brand in the competitive market. While coming under the scrutiny of EPA and US criminal investigation, the share of the brand continued to slide at regular intervals (Marshall, 2016). The Stock Market of the brand showed a huge dip since EPA made the announcements about the car scandals of Volkswagen. Volkswagen knew that it would require much more than changing leadership and corporate overhaul to clear the picture after it received criticisms due to cheating in US diesel emission tests. Despite the falling profit margin of the brand, the concern for the new CEO of Volkswagen was to stabilize the chaotic atmosphere raised in the United States, which was then compared to the 2010 BP Oil Spill. Humility was the name of the game as there was display of contrition in the US advertising campaign about the brand (Simms, 2013). The brand was exposed to a number of public and private lawsuits, government enquiry, compensation and recall expenses, the accumulated cost of which would exceed 6.5 billion Euros ($7.28 billion) it has put aside. The climate of fear was very much evidential bout the brands. The investors and suppliers were taking a step back, as the concealing atmosphere was mounting further pressure on the profit margin of the brand in the competitive market (Hopkins, 2013). The competitors of Volkswagen with likes of Renault and PSA Peugeot Citroen went ahead of the brand, thus hurting its brand image on a constant basis. The humiliation of Volkswagen would weaken the European pricing, further eroding the core brands narrow margins and requiring still bigger cuts from the unions. The brand was under serious pressure as their professional acquisitions were at stake. Personal Development Plan The personal development Plan would highlight the experience gathered by the learner while conducting the research on the car scandal of Volkswagen. Upon identification of the rising concern, the PDP would also consist of the necessary precautions that need to be taken for avoiding such issues in the mere future. Issues Observation Precaution Time Frame Legal State, federal, administrative and criminal charges Fined under the rules and regulations of Clean Air Act Class Action Lawsuits Breach of contract resulting in suing of the stakeholders Money laundering acts Confessing openly about the allegations of ethical misconducts and fraud Complying with the deferred prosecution agreement , which would give certain time for the organization to stabilize and pay the compensations and fines Firing all the authorities involved in the Volkswagen car scandal Serious penalties to the executives or higher authorizes of the brand upon further violation of legal rules and regulations 12 -18 months Social Total Failure in terms of corporate social responsibility Risking life of human population for enhancing the profit margin of the organization Intentional and voluntary participation of higher authorities and engineers in rigging vehicle emission tests Fake publicity about CSR policies before the incident of Volkswagen car scandal To be fully transparent about organizational operations and process and embracing the open source Re inventing the CSR policy and maintaining a cleaner environment The higher authorities should take up the responsibility for organizational actions Extra speculations on the department handling CSR policies 12-15 months Ethical Disobeying EPA laws Poisonous Nitrogen Oxide Polluting the Gas Respiratory problems in Human Beings Complying with the laws initiated by EPA Withdrawing all the Volkswagen car models from the market that comprise of cheating emissions mechanism Providing compensations to the consumers acquiring the cheating emissions mechanism in their car model Launching medical campaigns for treating the patients suffering from respiratory diseases due to Nitrogen Oxide emissions Complying with the ethical code of conduct Engineering education and maintaining business ethics 12-18 months Professional Loss of Market share Affected Stock Market Affected Profit margin Competitors gaining upper hand Experiencing climate of fear amongst the consumers and the company executives Change of corporate governance Change of leadership and management Openly communicating the problems to the supervisors, managers or the consumers Enhancing brand recognition through advertisement and marketing campaigns Providing extra facilities to the baffled consumers 8-12 months Conclusion On the contrary, it concludes that the reputation of a brand is the most decisive factor of success in the competitive market. The supposedly leading organization, Volkswagen was under the lamplight due to the car scandal. The organization faced several legal issues, which affected their profit margin in a negative manner. When it comes to corporate social responsibility, the brand lost the trust of the consumers, which allowed competitor brands to take advantage of the situation. The ethical misconduct was always under scrutiny as they disobeyed the rules and regulations of EPA. There was a fear in the climate, which affected the professional dealings of the brand. Several brands tarnished their image due to misconducts; therefore, it is a test for Volkswagen to see whether they can rise from the ashes of bad reputation earned off late. References Archer, G. (2015). Transport Environment Barrett, S. R., Speth, R. L., Eastham, S. D., Dedoussi I. C., Ashok, A., Malina, R., Keith, D. W. (2015). Impact of the Volkswagen emissions control defeat device on US public health.Environmental Research Letters, 10 (11), 114005 Blackwelder, B., Coleman, K., Colunga-Santoyo, S., Harrison, J. S., Wozniak, D. (2016). The Volkswagen Scandal Boiten, E. A. (2013). The UK government is working in a Snowden-free bubble. Carvalho, H. (2016). The end of diesel-powered cars?.The Lancet Respiratory Medicine,4(1), e2-e3 CMA, C. C. V. (2016). The Volkswagen ProblemStrategic Finance, 97(8), 15 Coghlan, A. (2015). The curious case of NO x pollutionNew Scientist, 227(3041), 10-11 Hankel, A. (2015). Detected and Defeated.Quality Progress,48(11), 12 Holland, S. P., Mansur, E., Muller, N., Yates, A (2015). Damages and expected deaths due to excess NOx emissions from 2009-2015 Volkswagen diesel vehicles.Environmental Science Technology Hopkins, M. (2013) Humanitarian Perspective on Social Innovation In Social Innovation(pp. 35-55). Springer Berlin Heidelberg Hough, D. (2013). Germany and the UK: The Slow and Winding Road to Reform InCorruption, Anti-Corruption and Governance(pp. 93-113) Palgrave Macmillan UK. Marshall, P. (2016). Issue: Technology and Business Ethics Technology and Business Ethics Nieuwenhuijsen, M. J., Khreis, H., Verlinghieri, E., Rojas-Rueda, D. (2016) Transport And Health: A Marriage Of Convenience Or An Absolute Necessity.Environment international,88, 150-152 Oldenkamp, R., van Zelm, R., Huijbregts, M. A. (2016) Valuing the human health damage caused by the fraud of VolkswagenEnvironmental Pollution,212, 121-127. Pearce, F. (2015) Seen to be green New Scientist,228(3042), 24-25. Simms, A. (2013).Cancel the Apocalypse: The New Path to Prosperity. Hachette UK. Wolf, M. (2016). Embedded Software in CrisisComputer,49(1), 88-90 Zar, H. J., Billo, N., Ferkol, T., Vestbo, J. (2016) Decade of the lunga call for action to promote lung health globallyThe Lancet Respiratory Medicine,4(1), e3-e4

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