Lets face it, Quality folks are not Attorneys, however the QMS or an integrated system of Management System Standards, provides litigants with a vast repository of facts to be gained under discovery, which can be used very effectively against any company.
Looking at this current revision I see the potential for litigation against a company to increase because the scope of affected litigants increases. Clause 4.2 now requires Interested parties to be addressed and from the definition of those interested parties (3.02), one can easily determine the flood gates of opportunity for litigation appear to have been opened so to speak.
In the old days, liability was limited to the end user of a product or service offered by the company, however with this latest proposed revision that scope of effected persons changes because of the definition of who is considered and the term Perceived, and the term "the organization shall determine" in 4.2
With all the other things to consider with the latest revision, throwing a legal bone into the mix just makes for more things to consider. However, I have attached a link to an article which discusses this very subject, that folks in the Management System area should consider sooner rather than later. With each successive release of ISO 9001 the exposure to litigation increases, and this current proposed release (now at stage DIS) appears to greatly amplify this potential, especially with its focused language which on the surface initially appears mundane.
I?m opening this topic up for discussion if Marc will allow it, and hoping to get the collective brains working in those countries where liability litigation is a valid possibility.
Here is the reference to the topic of liability litigation and ISO 9001? it?s in three parts so you need to read all three. very interesting and sobering article.
http://jameskolka.typepad.com/inter...001-for-liability-exposure-to-lawsuits-1.html
Looking at this current revision I see the potential for litigation against a company to increase because the scope of affected litigants increases. Clause 4.2 now requires Interested parties to be addressed and from the definition of those interested parties (3.02), one can easily determine the flood gates of opportunity for litigation appear to have been opened so to speak.
?(3.02) Person or organization that can be affected by, or perceive themselves to be affected by a decision or activity.? From ISO DIS 9001
In the old days, liability was limited to the end user of a product or service offered by the company, however with this latest proposed revision that scope of effected persons changes because of the definition of who is considered and the term Perceived, and the term "the organization shall determine" in 4.2
With all the other things to consider with the latest revision, throwing a legal bone into the mix just makes for more things to consider. However, I have attached a link to an article which discusses this very subject, that folks in the Management System area should consider sooner rather than later. With each successive release of ISO 9001 the exposure to litigation increases, and this current proposed release (now at stage DIS) appears to greatly amplify this potential, especially with its focused language which on the surface initially appears mundane.
I?m opening this topic up for discussion if Marc will allow it, and hoping to get the collective brains working in those countries where liability litigation is a valid possibility.
Here is the reference to the topic of liability litigation and ISO 9001? it?s in three parts so you need to read all three. very interesting and sobering article.
http://jameskolka.typepad.com/inter...001-for-liability-exposure-to-lawsuits-1.html
