GIS AND STANDARD OF CARE ISSUES:

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GIS technology and applications are increasing the quality and quantity of spatial data available to governments, businesses, and institutions, and are also creating new opportunities and challenges to meet duty of care and standard of care obligations. This paper reports on the materials used in a special session designed for elected officials and managers who are responsible for: a) deciding the geographic information content of duty of care and standard of care documents (e.g., laws, by-laws, policies, plans, programs, budgets, manuals); b) directing professional and technical personnel who provide the information (e.g., data, studies, files, records, maps, surveys, and reports) needed to ensure that legal and other duty of care and standard of care obligations are achieved; and c) approving the budget and work program envelopes containing the GIS technology and applications capabilities. The presentation was given at the 2010 GIS-PRO Conference, Urban and Regional Information Systems Association (urisa.org).


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  • GIS AND STANDARD OF CARE ISSUES:

    1. 1. GIS as a Factor in Standard of Care Decisions: Executive Aspect   Dr. Barry Wellar Professor Emeritus, University of Ottawa Principal, Wellar Consulting Inc. President, Information Research Board (IRB) Inc. [email_address] http://www.wellar.ca/wellarconsulting/
    2. 2. Barry Wellar GIS as a Factor in Standard of Care Decisions: Executive Aspect There are 61 PowerPoint slides and a video in this presentation. Details behind the visuals are contained in the Proceedings paper. GIS as a Factor in Standard of Care Decisions: Executive Aspect
    3. 3. Barry Wellar GIS as a Factor in Standard of Care Decisions: Executive Responsibilities Preparing staff in all units for an increasingly GIS-oriented work environment. GIS as a Factor in Standard of Care Decisions: Executive Aspect
    4. 4. Preparing themselves and staff for standard of care situations in which the design, development, and application of geographic information systems (GIS) are issues in whether duty of care obligations are met to a reasonable degree. GIS as a Factor in Standard of Care Decisions: Executive Responsibilities GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    5. 5. Instructing staff in terms of the geographic information and associated information needed to satisfy duty of care and standard of care obligations. GIS as a Factor in Standard of Care Decisions: Executive Responsibilities GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    6. 6. Approving the information content of duty of care and standard of care documents (e.g., laws, by-laws, policies, plans, programs, budgets, manuals). GIS as a Factor in Standard of Care Decisions: Executive Responsibilities GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    7. 7. Directing professional staff who provide the information (e.g., data, studies, files, records, maps, surveys, and reports) needed to ensure that legal and other duty of care and standard of care obligations can be achieved. GIS as a Factor in Standard of Care Decisions: Executive Responsibilities GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    8. 8. Adopting the budget and work program envelopes containing the GIS technology and applications capabilities. GIS as a Factor in Standard of Care Decisions: Executive Responsibilities GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    9. 9. Providing the resources which are appropriate under the circumstances to enable professional staff and technical staff to specify, acquire, process, disseminate, and apply the geographic information and associated information needed to satisfy standard of care and duty of care obligations. GIS as a Factor in Standard of Care Decisions: Executive Responsibilities GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    10. 10. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Address files </li></ul><ul><li>Air pollution alerts </li></ul><ul><li>Building demolitions </li></ul><ul><li>Building permits </li></ul><ul><li>By-laws </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    11. 11. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Censuses </li></ul><ul><li>Crimes against people reports </li></ul><ul><li>Crimes against property reports </li></ul><ul><li>Cyclist collision reports </li></ul><ul><li>Development approvals </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    12. 12. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Development charge schedules </li></ul><ul><li>Emergency measures </li></ul><ul><li>Emergency vehicle reports </li></ul><ul><li>Engineering reports </li></ul><ul><li>Environmental assessments </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    13. 13. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>  Fire reports </li></ul><ul><li>Flood reports </li></ul><ul><li>Forest/tree inventories </li></ul><ul><li>Green space inventories </li></ul><ul><li>Habitat inventories </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    14. 14. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Hazards reports </li></ul><ul><li>Health alerts </li></ul><ul><li>Heritage property files </li></ul><ul><li>Impact assessments </li></ul><ul><li>Infrastructure reviews </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    15. 15. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Intersection modifications </li></ul><ul><li>Inspection reports </li></ul><ul><li>Maintenance of bike path reports </li></ul><ul><li>Maintenance of parks reports </li></ul><ul><li>Maintenance of public housing reports </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    16. 16. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Maintenance of roadways reports </li></ul><ul><li>Maintenance of sidewalks reports </li></ul><ul><li>Maps/mapping </li></ul><ul><li>Motor vehicle collision reports </li></ul><ul><li>Noise studies </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    17. 17. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Pandemic alerts </li></ul><ul><li>Pedestrian slip-and-fall events </li></ul><ul><li>Pedestrian-motor vehicle collisions </li></ul><ul><li>Performance analysis reports </li></ul><ul><li>Performance measure reports </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    18. 18. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Plan amendments </li></ul><ul><li>Plans – Comprehensive </li></ul><ul><li>Plans – General </li></ul><ul><li>Plans – Official </li></ul><ul><li>Plans of subdivision </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    19. 19. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Property assessment files </li></ul><ul><li>Public safety programs </li></ul><ul><li>Public safety reports </li></ul><ul><li>Restaurant inspection reports </li></ul><ul><li>Rezoning applications </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    20. 20. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Risk analyses </li></ul><ul><li>Road construction alerts </li></ul><ul><li>Road signage </li></ul><ul><li>Road widenings </li></ul><ul><li>Seismic studies </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    21. 21. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Surveys/surveying </li></ul><ul><li>Toxic waste facility hearings </li></ul><ul><li>Traffic counts </li></ul><ul><li>Traffic police assignments </li></ul><ul><li>Transit routing </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    22. 22. Public Agency Duty of Care/Standard of Care Materials and Functions that Have, Could Have, or Should Have GIS Applications: An Indicative Listing <ul><li>Urban impact assessments </li></ul><ul><li>Utility corridors </li></ul><ul><li>Water quality reporting </li></ul><ul><li>Water supply analysis </li></ul><ul><li>Zoning approvals </li></ul>GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    23. 23. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ New cap for leaky well – Torrent of oil released as smaller cap is removed” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    24. 24. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Oil giant changes face – Next BP head says he’ll put safety first” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    25. 25. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ BP could start plugging oil well for good” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    26. 26. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS &quot;Roads scholar takes stand for pedestrian safety&quot; “ Heavy trucks need side mirrors to prevent more deaths” “ Chemical plant does not belong in residential area” “ Ice-covered road blamed for multi-vehicle crash” “ Board faces lawsuit over bullying” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    27. 27. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Crossroads where cyclist killed known as puzzling, treacherous” “ Praying for water” “ Mayor: Flood fix priority for city” “ Flood victims want solution” “ Latest Midwest floods expose lessons unlearned” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    28. 28. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Taxpayers want answers for sewage spill” “ Death of elderly woman puts dangerous stretch of road in context” “ District did not send out contaminated water alert” “ Police action in Toronto worrisome” “ The road to anarchy” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    29. 29. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Top doc gives city a heads-up on helmet use” “ TSB urges reforms – Canada faces critical transportation safety issues” “ Tripping on strands” “ Double-talk on air pollution” “ Did agency give correct information about road closure traffic? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    30. 30. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Trucker protests proposed 84-hour work week” “ Bike lanes would boost tourism, increase safety” “ Collision – Stop sign obscured by tree” “ Waste plan panned: King Edward can’t take more trucks” “ City health inspectors miss fast food strip” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    31. 31. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Staff approved roadway in protected area” “ Drinking water safety push” “ Habitat loss for large animals ignored in plans” “ Smog warning not issued” “ Mudslide was predictable” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    32. 32. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Fatal crash stokes up cellphone debate” “ Wetland feud heats up at city hall” “ Questions over safety” “ They tore down a heritage building – were all city staff asleep?” “ Notification missed 150 affected properties” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    33. 33. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Provincial agency ignores city’s growth projections” “ The 100-year flood criteria are outdated” “ Washed-out shoulder causes roll-over” “ Halfway house location criticized” “ Failure to properly plan for access leads to lawsuit” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    34. 34. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Developer cuts trees, blames county for error” “ Transport and highway designs need overhaul” “ Urban sprawl – Other cities show us the dangers of uncontrolled development” “ Gross misuse of scarce water” “ Totally wrong place for a playground” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    35. 35. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ Protesters rip expanded landfill plan” “ Broken sidewalk causes broken leg” “ Snow happens, deal with it – properly” “ Bridges collapse, investigations begin” “ Development on flood plain big mistake” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    36. 36. DEATHS, INJURIES, AND OTHER COSTS OF STANDARD OF CARE FAILURES? CHECK THE DAILY NEWS “ City withholds Carp River model” “ Pattern of high-speed crashes a warning sign” “ Avalanche zones need to be re-drawn “ Their projections are wrong, they used old data: expert” “ Contaminated meat: Inspectors slow to track shipments” GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    37. 37. GIS and Standard of Care: Questions for Hearings, and Maybe Even for Trial GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    38. 38. Q1. GIS and Standard of Care Basic Facts Question for Executive What did the defendant know about the possibility of such an incident, and when was it known? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    39. 39. Q2. GIS and Standard of Care: Methods and Techniques Question 1 for Executive What could the defendant have known about the possibility of such an incident, and when could it have been known? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    40. 40. Q3. GIS and Standard of Care: Methods and Techniques Question 2 for Executive What should the defendant have known about the possibility of such an incident, and when should it have been known? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    41. 41. Q4. GIS and Standard of Care: Basic GIS Question A1 for Executive Did the defendant use GIS to achieve this state of knowledge? If YES What difference did GIS make to what was known, and when it was known? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    42. 42. Q5. GIS and Standard of Care: Basic GIS Question A2 for Executive What methodology was used in making the decision to use a GIS application to achieve this duty of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    43. 43. Q6. GIS and Standard of Care: Basic GIS Question A3 for Executive As a result of having that knowledge at that time, what difference did GIS make to how the defendant dealt with the standard of care situation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    44. 44.   Q7. GIS and Standard of Care: Basic GIS Question A4 for Executive What evidence does the defendant have to support the opinion about the difference using GIS made to the standard of care achieved? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    45. 45. Q8. GIS and Standard of Care: Basic GIS Question A5 for Executive What evidence does the defendant have that GIS was the appropriate means to achieve the defendant’s standard of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    46. 46. Q9. GIS and Standard of Care: Basic GIS Question A6 for Executive Specifically, how did using GIS serve the defendant’s policy in regard to this duty of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    47. 47. Q10. GIS and Standard of Care: Basic GIS Question A7 for Executive Specifically, how did using GIS serve the defendant’s policy in regard to this standard of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    48. 48. Q11. GIS and Standard of Care: Basic GIS Question B1 for Executive Did the defendant use GIS to achieve this state of knowledge? If NO Could the defendant have used GIS? Should the defendant have used GIS? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    49. 49. Q12. GIS and Standard of Care: Basic GIS Question B2 for Executive What methodology was used by the defendant in making the decision to not use a GIS application to achieve this duty of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    50. 50. Q13. GIS and Standard of Care: Basic GIS Question B3 for Executive   What evidence does the defendant have to support that decision? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    51. 51. Q14. GIS and Standard of Care Basic GIS Question B4 for Executive If GIS had been used, what difference could it or would it have made to what was known, and when it was known? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    52. 52. Q15. GIS and Standard of Care: Basic GIS Question B5 for Executive What evidence does the defendant have to support that opinion? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    53. 53. Q16. GIS and Standard of Care: Basic GIS Question B6 for Executive What evidence does the defendant have which counters that opinion? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    54. 54. Q17. GIS and Standard of Care: Basic GIS Question B7 for Executive If GIS had been used, what difference could it or would it have made to the standard of care achieved? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    55. 55. Q18. GIS and Standard of Care: Basic GIS Question B8 for Executive What evidence do you have to support your opinion about the difference using GIS would have made to the standard of care achieved? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    56. 56. Q19. GIS and Standard of Care: Basic GIS Question B9 for Executive If GIS had been used, what difference could it or would it have made to the duty of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    57. 57. Q20. GIS and Standard of Care: Basic GIS Question B10 for Executive What evidence do you have to support your opinion about the difference using GIS would have made to the duty of care obligation? GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    58. 58. Q21. GIS and Standard of Care: Basic GIS Question B11 for Executive What other questions remain to be asked  about the connections among GIS,  standard of care, and duty of care?  GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    59. 59. Background Materials: Guidelines on Expert Witness Qualifications and Opinions B. Wellar. Application of Walking Security Index Research to Standard of Care Situations and Analysis. Federation of Urban Neighbourhoods http://www.urbanneighbourhoods.ca/ , and   B. Wellar. Tips on Testifying as an Expert Witness, http://www.slideshare.net/wellarb/aag-2007-tips-for-expert-witness GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    60. 60. Background Materials: Guidelines on Expert Witness Qualifications and Opinions B. Wellar. Methods and Techniques that Could be Used in Making Decisions about Identifying, Adopting, or Implementing Sustainable Transport Practices . http://www.wellar.ca/wellarconsulting/TC%20Project%20Research%20Report%201.pdf     B. Wellar. Sampler of Commentaries on Methods and Techniques that Could be Used in Making Decisions about Identifying, Adopting, or Implementing Sustainable Transport Practices. http://www.wellar.ca/wellarconsulting/TC%20Project%20Research%20Report%203.pdf GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar
    61. 61. Background Materials: BP- Gulf of Mexico Video W. Im. Gulf Coast Oil Spill Trajectory Map . http://www.imrivers.org/gulfcoastoilspill GIS as a Factor in Standard of Care Decisions: Executive Aspect Barry Wellar

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