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Riordan Manufacturing recognizes that being a global plastic producer involves significant legal and ethical responsibility. This responsibility extends not only to their consumers, but also to the many companies and agencies Riordan works with, as well as fellow employees, and indeed, the public at large.
The following Compliance Plan was adopted as a guide for each employee’s conduct so that Riordan may fulfill its obligations to observe the laws and public policies affecting its business; and to deal fairly with Riordan employees and communities it operates in. This Compliance Plan will contain resources to help resolve any question about appropriate conduct in the work place, as well as provide guidance which will ensure that our work is done in an ethical and legal manner.
For the Compliance Plan to be effective, it must have the cooperation of all employees. Your adherence to its spirit, as well as its specific provisions is absolutely critical to Riordan’s future. Directives for Key Personnel The effectiveness of the Compliance Plan depends largely on the leadership efforts of key personnel at Riordan. The officers and directors of Riordan must ensure that those on their team have sufficient information to comply with the laws, regulations, and policies, as well as the resources to resolve ethical dilemmas.
It is the responsibility of the key personnel to create a culture within Riordan which promotes the highest standards of ethics and compliance; Riordan expects its leaders to set an example and be in every respect a model. We must never sacrifice ethical and complaint behavior in the pursuit of business objectives. The key personnel of Riordan will be held responsible for ensuring and accomplishing the following goals: Maintain compliance standards and procedures reasonably designed to reduce the risk of criminal conduct and other violations •Never to delegate discretionary authority to any individual whom it knows, or through the exercise of due diligence should have known, had a propensity to engage in legal activities. •Always to take reasonable steps to communicate effectively in order to achieve compliance for all employees, consumers, and companies and agencies Riordan works with. Implement and maintain monitoring and auditing systems that are reasonably (without the fear of retribution) designed to detect unethical/wrongful behavior or criminal conduct by employees and other third parties that Riordan works with. •Cooperate to the fullest extent reasonable and practical with appropriate federal, state, and local authorities investigating a potential violation of law; never to conceal, destroy, or tamper with evidence. Reporting Potential Compliance Plan Violations
It is Riordan’s desire for the Compliance Plan to aid in the identification and correction of any actual or perceived violations of any applicable rules and regulations. In order to attain this goal, the Plan imposes a duty on all employees to report to designated individuals listed below. 1. Compliance Officer 2. Director of Human Resources Yvonne McMillan (YM@Riordan. com ) 3. Safety Manager Chad Sterkin (CS@Riordan. com ) 4. Employee Relations Manager Andrea Gamby (AG@Riordan. om ) Corporate Compliance Officer – responsible for overseeing the Corporate Compliance Plan; reviewing agency policies and procedures, recommending changes or new policies and procedures; overseeing administration of agency risk assessment relative to Compliance issues and recommending changes in procedures as a result of Risk Assessment; developing and implementing internal audit procedures relative to Corporate Compliance issues; maintaining a library of regulations, agency policies and procedures; Overseeing the implementation of Corporate Compliance training program, including conducting of training sessions for staff; investigating matters related to Corporate Compliance issues, including employee, consumer, and/or payor complaints; developing and implementing employee feedback loop which encourages employees to report potential problems without fear of retaliation (CCP, 2009). Director of Human Resources Develops policy and directs and coordinates human resources activities, such as employment, compensation, labor relations, enefits, training, and employee services (Riordan, 2004). Safety Manager Plans, directs and implements organization safety program to ensure safe, healthy, and accident-free work environment (Riordan, 2004). Employee Relations Manager Supervises employee-related programs, manages resolution of employee relations problems and develops new employee-related programs (Riordan, 2004). Procedure for Potential Compliance Violations Riordan expects all employees to report potential violations/irregularities of the Compliance Plan in writing or via internal e-mail system; Riordan will maintain confidentiality of the reporter to the extent permitted by law.
The Compliance Officer shall receive copies of all reports within 24 hours of the incident. The Compliance Officer will review each report and notify the President, Dr. Michael Riordan, and Chief Legal Counsel, Lowell Bradford of any allegations of criminal wrongdoing. The Compliance Officer and the Chief Legal Counsel will determine whether the alleged wrongdoing is a violation of a law. To prevent the risk of economic injury and to protect Riordan’s reputation the Compliance Officer in conjunction with the Chief Legal Counsel and President shall take an action to commensurate the gravity of the allegation to determine if the allegation is valid and what corrective actions should be imposed. Employee Disciplinary Procedures
The Office of Human Resources, in conjunction with the Compliance Officer will implement an effective, uniform disciplinary program to prevent violation of the Plan and to discipline employees who fail to detect or fail to report detected violations. The major purpose of any disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for satisfactory performance in the future. Although employment at Riordan is based on mutual consent, both, Riordan and the employee have the right to terminate employment at will, with or without case or advance notice (Riordan, 2004). Disciplinary action may call for any of 4 steps (possible bypass of one or more steps): 1. Verbal warning 2. Written warning 3. Suspension with or without pay 4. Termination of employment
Here are some examples of violations of the Compliance Plan that may result in one or more disciplinary action mentioned above: •Negligently or intentionally providing false or misleading information to Riordan, its key personnel, and other third parties that Riordan is working with •Negligent or intentional violation of any federal, state, or local law regulation •Failure to report another employee’s conduct which violates any law or regulations •Failure or refusal to cooperate with any Riordan’s investigation •Engaging in any other conduct which fails to comply with the duties and prohibitions, expressed or implied, set forth in the proposed Compliance Plan for Riordan In the case of officers and directors of Riordan: •Failure to exercise adequate supervision of subordinate personnel where such failure leads, directly or indirectly, to a compliance incident •Direct and indirect retaliation against any employee who in good faith reports a compliance incident Employment Policies
Riordan is committed to employing only United States citizens and aliens who are legally authorized to work in the United States, however do not unlawfully discriminate on the basis of citizenship or national origin (Riordan, 2004). Under the Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967, Title I and Title V of the Americans with Disabilities Act of 1990, Sections 501 and 505 of the Rehabilitation Act of 1973, and Civil Rights Act of 1991 Riordan strongly supports equal employment and advancement opportunities for all persons without regard to race, color, religion, sex, national origin, age, disability or any other status protected by the law (EEOC, 2009).
Any issues or concerns about any type of discrimination in the workplace are encouraged to be brought to the attention of any supervisor or the Human Resources Director – Yvonne McMillan (YM@Riordan. com). Further, anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment (Riordan, 2004). Sexual and Other Unlawful Harassment Riordan is committed to providing a work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive, including sexual harassment. Actions, words, jokes, or comments based on an individual sex, race, color, national origin, age, religion, disability, sexual orientation, or any other legally protected characteristic will not be tolerated.
Any concerns about Sexual and other Unlawful Harassment can be raised without the fear or reprisal or retaliation. Confidentiality of any witnesses or the alleged harasser will be protected to the fullest possible extent (Riordan, 2004). Compliance with Environmental and Safety Laws The Occupational Safety and Health Act (OSHA) is a top priority at Riordan. Employees and supervisors receive periodic workplace safety training which covers potential safety and health hazards and work practices and procedures to avoid or eliminate hazards (Riordan, 2004). All employees are expected to obey all safety rules and use caution in their work activities.
Any questions or concerns regarding occupational safety must be addressed to Riordan’s Safety Manager Chad Sterkin (CS@Riordan. com). In the case of a legal claim matter, including Alternative Dispute Resolution such as mediation and negotiation, please forward all correspondence to the law firm representing Riordan – Litteral & Finkel. License and Certification Renewals All Riordan employees, as well as individuals retained as independent contractors, in position which requires licenses, certifications, or other credentials are responsible for maintaining the current status of their credentials and shall comply at all times with Federal and State requirements applicable to their respective job assignment.
To ensure compliance, Riordan will require evidence of current license and credential status. Security Breaches At Riordan we consider security breaches very serious. No employee shall disclose or permit the disclosure of, or discuss any proprietary Riordan information data. In case of improper use, disclosure of trade secrets or confidential business information an employee will be subject to disciplinary action, up to and including termination of employment and legal action, even if such breach was unintentional (Riordan, 2004). Confidential information is vital to the interests and success of Riordan. The following examples of confidential information include but not limited to: •Sales Data Compensation Data •Customer Lists •Financial Information •Marketing Strategies •New Materials Research •Pending Projects and Proposals •Proprietary Production Processes •R Strategies •Scientific Data, Formulae, Prototypes •Technological Data and Prototypes Integrity of Financial Reporting Under the Sarbanes-Oxley Act of 2002, Riordan’s management shall ensure that assets and liabilities are accounted for properly in compliance with all tax and financial requirements and saved for at least 5 year period (SearchCIO, 2009). Management shall also ensure that no false or artificial Riordan’s records are made, and that there are no unrecorded Riordan’s assets.
All Riordan’s reports of income, expense, assets and liabilities submitted to the governmental authorities shall be accurately made, all transactions shall be executed in accordance with management’s authorization, and access to assets shall be permitted only in accordance with such authorization. Any employee who knows or has reason to believe that a transaction is not recorded in compliance with the above requirements shall promptly report such matter to the Director of Accounting and Finance Donald Bryson (DB@Riordan. com). International Business Practices In the global economy today, Riordan may encounter standards of conduct in business affairs of other nation that differ dramatically from those of the United States. Riordan expects all employees conducting business in China to comply with the local code and laws.
No fee, commission, bribe or other thing of value shall be directly or indirectly made, offered, or paid to any elected, appointed, or ruling foreign government official, head of state, or political party for the purpose of influencing any decision within the influence of such official or head of state. Furthermore, no Riordan employee may make any improper payment to any official or employee of any foreign government, or any foreign commercial non-government customer. Integrity of Business Practices and Adherence to Code The successful business operation and reputation of Riordan is built upon the principles of fair dealing and ethical conduct of our employees. Riordan’s continued success is dependent upon its customer’s trust; all employees owe a duty to Riordan, customers, and shareholders to act in ways that will merit the continued trust and confidence of the public.
This Compliance Plan has been carefully designed to ensure that Riordan will comply with all applicable laws and regulations, and it is expected of the top management, directors, officers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any legal, dishonest, or unethical conduct. The design of the proposed Compliance Plan has been structured in a way that it can accommodate possible compliance law changes. This document contains confidential and proprietary information and is the private property of Riordan. References: CCP, (2009). Corporate Compliance Plan. Example. Retrieved on March 30, 2009 from: http://www. lifewaysmco. com/assets/Sample%20Corporate%20Compliance%20Plan%202005. doc EEOC, (2009). The U. S. Equal Employment Opportunity Commission. Federal Laws Prohibiting Job Discrimination. Questions And Answers. Retrieved on March 30, 2009 from: http://www. eeoc. gov/facts/qanda. html