Live data from Hacker News

Tell HN: Duty of care

news.ycombinator.com

1–10 of 55 posts

Tell HN: Duty of care

#1
This brief reply [0] got some love so I thought I'd elaborate. Company ultimately did the right thing so I'm leaving out elements that would identify them.

I was once asked to remove a hardware safety mechanism from a medical device [1] and replace it with a software only function. Technical first, then we'll discuss wetware.

The process was started by, and results displayed on, an embedded Windows PC [2]. The PC didn't control any safety critical operations. Hardware peripherals had their own sensors, firmware, and safety mechanisms. You could incinerate the PC at any point and be fine.

There was a Big Red Button acting as a physical power cut-out. Request was to remove the physical button and rely only on a software (touch screen). Death was a remote harm, but moderate injury / user stuck in device / panic attack was plausible. And it's Windows, so duh.

Managers didn't contest my logic, but the request came down from none other than the Chairman of the Board of Directors of a publicly traded company, who was also a major shareholder and took a personal interest in the project. He ran over every layer of management until he ran into my skinny ass. I'm the runt of the litter that would have been pecked to death in the nest if his parents weren't so amazing.

I said no way. Not going to happen. Not going to do it. But I never hinted at resignation. They were going to have to fire me or go around me while I take discoverable notes.

That Big Red Button is still there to this day.

"Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has." - Margaret Mead

Some suggestions for people in similar circumstances:

1. Live within your means and have savings. Hard to stand your ground if you're living paycheck to paycheck.

2. Suggest reasonable alternatives and keep cool.

3. Document. Even if it's just an email to yourself. Who, what, where, when, why, and how much. Update it as the situation evolves. Stick to raw facts you have direct knowledge of.

4. Research and cite applicable regulations or similar situations. Bring it up with company legal / regulatory affairs staff. Email them after the meeting with a summary of what you discussed.

5. Bypass chain of command. Make sure people calling the shots have been given your data.

6. Don't resign. Just put your tools down.

7. ---- I've never had to cross this line, but theoretically….

8. Sign nothing that looks like a liability release or NDA (often included in severance offers) if they terminate you.

9. Contact government regulators. OSHA, FDA, FAA, etc.

10. Nuclear option is go to the press, but I don't suggest that unless you can afford to bring a lawyer and love a shit show. You probably already signed an NDA before this point. But personally, if it involved risk of death, I'd do it.

References:

[0] https://twitter.com/LdnmaSentinel/status/1589822045592096768

[1] The studious among you will note the similarities to the Therac-25: https://en.wikipedia.org/wiki/Therac-25

[2] At one point we had requirements for hardware peripherals that only had Windows drivers. Otherwise would have gone Linux or some RTOS.

Edits: formatting

Re: Tell HN: Duty of care

#6

But why did they want to remove The Big Red Button? Sorry if that’s a dumb question.

It’s not really important to the story but it sounds like someone with a lot of power and a knack for micromanaging got an idea into his head and wanted to see it through. The motivations can be many, including non-evil but fundamentally misguided ones, such as saving some $$ on the BOM or perhaps something as silly as making the UI more “uniform” with all touch screen interactions.

Re: Tell HN: Duty of care

#7

But why did they want to remove The Big Red Button? Sorry if that’s a dumb question.

Not at all a dumb question. But the answer will be.

The Big Boss Man hated the way it looked. He once spent 30 minutes telling a graphics designer what a worthless piece of sh* he was where everyone on the floor could hear. Corporate equivalent of a terrorist.

Re: Tell HN: Duty of care

#8
"So I have just one wish for you—the good luck to be somewhere where you are free to maintain the kind of integrity I have described, and where you do not feel forced by a need to maintain your position in the organization, or financial support, or so on, to lose your integrity. May you have that freedom."

- Richard P. Feynman

Re: Tell HN: Duty of care

#9
I’ve found that more often than not the problem in these kind of situations is too many layers of communication between the boss making the decision and the people tasked with implementing it. Those in the middle aren’t in a position to say no because they’re not in the know about the details.

The solution is to talk to arrange to talk to the boss directly, even if you’re several levels away in the hierarchy. Sometimes it’s not worth it, but in a situation like this it clearly is. 9 times out of 10 a situation like this can be resolved with a sit down over a coffee.

Re: Tell HN: Duty of care

#10

I’ve found that more often than not the problem in these kind of situations is too many layers of communication between the boss making the decision and the people tasked with implementing it. Those in the middle aren’t in a position to say no because they’re not in the know about the details. The solution is to talk to arrange to talk to the boss directly, even if you’re several levels away in the hierarchy. Sometim…

Agreed, although I'm confident that everyone present in this particular situation would say that approach was asking to get fired. I was fortunate to be in a position where I didn't care.
Post reply on HN