Compliance facts demonstrating

This is a critical phase. Testing includes demonstration of compliance with all software specifications and production of evidence that attests to the fact that defects which may lead to errors or problems have been identified, remedied, or removed. 

What are the facts which demonstrate the importance of compliance ... 

WHAT ARE THE FACTS WHICH DEMONSTRATE THE IMPORTANCE OF COMPLIANCE ... 

Perhaps more important than the basis for standard setting is the fact that the CAA did not set deadlines for attainment for the secondary standards while establishing a formal set of compliance deadlines for the primary standards. Where deadlines are one method for demonstrating Congressional resolve with respect to a regulatory requirement, their absence is particularly noteworthy. 

It should be noted that this defense carries with it a heavy burden of proof, and simply having difficulty achieving compliance or the fact that compliance may be inconvenient or expensive is usually not sufficient to sustain this burden. Safety professionals and legal counsel should be prepared to exhibit that all possible alternative forms of protection had been explored and tested, where feasible. Additionally, safety and loss prevention professionals should assemble documentation to prove that required work could not be properly performed if the standard had been utilized to achieve compliance. If the economically infeasible argument is to be made, safety professionals should be prepared to demonstrate that the cost is unreasonable in light of the protection afforded, and to show any adverse effects the cost would have on the business as a whole. ... 

However, there is no Decision Machine available, either in the form of technical guides or handbooks, and experts are frequently compelled to take subjective technical decisions and to accept the related responsibility. In fact, the practical cases are always so specific that they cannot be covered by an all-embracing handbook. Moreover, even if such a tool existed, in case of judicial trial, the compliance with the handbook could frequently be considered only an extenuation of the possible guUt of the technical expert. Historical examples exist of technical specialists who have been sentenced in a case of a pressure vessel explosion, although in due course they had verified its compliance with the technical standards in force. In case of accident, in fact, the technical expert must demonstrate the application of all the means suggested by the status of the technical knowledge . Only completely new phenomena escape this criterion. 

If the compliance officer determines that a deficiency exists in the employer s training program, he/she must document evidence of any barriers or impediments to understanding, as well as any other facts that would demonstrate that employees were unable to understand the training and apply it to their specific workplace conditions. If a reasonable person would conclude that the employer had not conveyed the training to its employees in a manner they were capable of understanding, then the violation may be cited as serious if it is within the guidelines set out in [OSHA s Field Operations Manual (FOM)]. . . ... 

Public support for the laboratory use of chemicals depends on compliance with regulatory laws as a joint responsibility of everyone who handles or makes decisions about chemicals, from shipping and receiving clerks to laboratory workers and managers, environmental health and safety staff, and institutional administrators. This shared responsibility is now a fact of laboratory work as inexorable as the properties of the chemicals that are being handled. The use of chemicals, like the use of automobiles or electricity, involves some irreducible risks. However, all three of these servants to humankind have demonstrated benefits that enormously outweigh their costs if they are handled sensibly." (p. ix)... 

Certification is the confirmation that some fact or statement is true through the use of documentary evidence. Certification follows testing to verify that the certified person, product, or activity is in accordance with specifications and has demonstrated compliance with documented requirements. It is a statement of adequacy provided by a responsible agency for a specific area of concern in support of the validation process. 

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