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Internal Audit Role Expanding Further into Risk Areas

With more companies focusing on enterprise risk management and strategic risk, the role of internal auditors is being expanded to include risk identification and risk management, a study by the Institute of Internal Auditors (IIA) and Protiviti has found.

According to Relationships and Risk, Insights from Stakeholders in North America, the top three areas where respondents wish to expand the role of internal audit involve identifying and managing risk. Of 433 North American stakeholders surveyed, 85% said they want internal audit involved in identifying known and emerging risk areas; 78% would like to see internal audit facilitating and monitoring effective risk management practices by operational management; and 78% want audit to identify appropriate risk management frameworks, practices and processes.
IIA 2

The survey also found that 58% of stakeholders believe internal audit should be more active in assessing strategic risk.

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IIA 1

When asked to choose the best avenues for internal audit to improve its role in responding to the organization’s strategic risks, stakeholders said:

  • Internal audit should focus on strategic risks as well as operational, financial, and compliance risks during audit projects.
  • Internal audit should periodically evaluate and communicate key risks to the board and executive management.

The report concluded that chief audit executives (CAEs) should consider methods to meet and surpass the needs and expectations of their stakeholders, including:

  • Focusing on risk activities—risk identification and management—when performing advisory services.
  • Demonstrating an understanding of strategic risks in all audit work. Educating stakeholders on ways you can give attention to nontraditional strategic risks.
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  • Building soft skills. Communication and relationship building are needed to set priorities when there are competing expectations.
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Galaxy Quest: Assessing Space Commercialization

Student-space
If a bunch of kids can launch a satellite into space, why can’t you?

As reported by the Washington Post, seventh-graders at St. Thomas More Cathedral School in Arlington, Texas are the first grade school students to send a satellite into orbit. The CubeSat – built by the children – was launched into space and will begin beaming photos from 200 miles above the Earth’s surface to an antenna on the school’s library.

This learning experience is remarkable for the kids, but what does it mean for the future of commercial industries in space? While commercialization of space tourism and satellite technology is already happening, is this emerging risk something that industries can afford to overlook?

The Space Foundation’s 2015 “The Space Report” found that commercial activities in space continue to increase and now make up 76% of the global space economy. The report adds that revenue from commercial space products and services was dominated by direct-to-home television services, making up more than three-quarters of the global commercial space products and services market.

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Space budgets

Allianz published an article that outlines some of the challenges of space insurance and space risks, from the pre-launch phases to in orbit operations and satellite insurance.

“Losing a spacecraft is by far not the only risk,” the article points out. “Potential interruptions of a satellite’s service in our globalized work are just as problematic for spacecraft users, individual transponders users such as TV channels and Internet providers, but also for banks, car manufacturers and large industries that use telecommunications networks.”

According to the Federal Aviation Administration’s (FAA / AST) Annual Compendium of Commercial Space Transportation: 2016, “The size of the global space industry, which combines satellite services and ground equipment, government space budgets, and global navigation satellite services (GNSS) equipment, is estimated to be about $324 billion. At $95 billion in revenues, or about 29%, satellite television represents the largest segment of activity.”

The report highlights the progress China has made with its space program, noting the number of orbital launches conducted by the country has steadily increased each year since 2010, with a peak of 19 launches in 2012. The findings highlight China’s commitment to commercial space applications, specifically stating that the data “points to a robust future in Chinese spaceflight.”

For many industries, the idea of planning for the risks involved in a space expansion might seem too far off to devote resources. But, with commercial airliners, telecommunications companies, international markets like China and even a bunch of seventh-graders already investing in opportunities in space, it might be time to reconsider the possibilities and the risks.

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NYC Crane Collapse Part of a Troubling Trend

NYC Crane Collapse

Last week’s crane collapse in Lower Manhattan, which killed one person and injured three others, has heightened focus on crane safety, resulting in stricter rules for operators. The 565-foot crane toppled as it was being secured against high winds as a safety precaution.

More than 140 firefighters responded to the disaster in addition to police officers and utility workers who were there in case of gas leaks or other damage caused by the impact.

Mayor Bill de Blasio called for an investigation and instituted new safety policies effective immediately, while ordering that 376 other crawler cranes and 53 larger tower cranes currently operating in the city also be secured. The new rules require crawler cranes to cease operations and go into safety mode when there is a forecast for steady wind speeds of at least 20 miles per hour, or gusts of at least 30 m.p.h. Previously, cranes were allowed to operate until measured wind speeds reached 30 m.p.h. or gusts increased to 40 m.p.h.

“I want people to hear me loud and clear: We’ve had some construction site incidents that are very troubling,” de Blasio said at a news conference. “We have more and more inspectors who are going to get on top of that. We’re going to be very tough on those companies.”

He added, “We’ll send advisories to crane engineers when wind conditions warrant it, and engineers will be required to certify that they will indeed cease operations. If we don’t receive this certification, we will be issuing violations and we will raise the base penalty for failure to safeguard a site from the current $4,800 to $10,000.”

While construction in the city has increased over the past two years, the New York Times reported that the rise in deaths and injuries has exceeded the rate of new construction, that supervision at building sites was often lacking, and that preventative safety steps were not being taken.

Indeed, the list of incidents involving cranes has grown to eight since 2008, according to ABC News and the Associated Press.

— March 2008: A nearly 200-foot-tall crane fell as it was being lengthened in a neighborhood near the U.N. headquarters, demolishing a townhouse and killing six construction workers and a tourist. The crane rigger was tried and acquitted of manslaughter. An inspector accused of falsely saying he had checked the crane days before it toppled was acquitted of charges related to the collapse but convicted of falsifying inspection records related to other cranes.

— May 2008: A tower crane snapped, fell apart and crashed into a Manhattan apartment building, killing the crane operator and a construction worker on the ground. The crane owner was acquitted of manslaughter. A mechanic pleaded guilty to criminally negligent homicide. Together, the 2008 collapses prompted the resignation of the city buildings commissioner and a bribery case in which the city’s chief crane inspector pleaded guilty to taking payoffs to fake inspection and licensing exam results. The collapses also led to new safety measures, including hiring more inspectors and expanding training requirements and inspection checklists.

However, Comptroller Scott Stringer said in a 2014 audit that the city Department of Buildings hadn’t fully implemented safety recommendations on cranes and other issues, and Stringer reiterated his concerns Friday. The Department of Buildings disputed some of the audit’s conclusions, but spokesman Joe Soldevere said the agency had implemented many of the comptroller’s recommendations and “there is more oversight of cranes in place than ever before.”

— October 2012: A crane’s boom nearly snapped off and dangled precariously over a block near Carnegie Hall during Superstorm Sandy, as winds gusted to an estimated 80 to 100 mph. No one was injured, but people in a nearby hotel and other neighboring buildings had to flee in the midst of the storm as engineers scaled 74 stories to make sure the crane wasn’t in danger of falling.

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— April 2012: A mobile crane’s boom fell and broke apart while hauling rebar at a subway station construction site, killing a worker. The site was exempt from most city construction safety rules because it belonged to a state transit authority.

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— January 2013: A crane’s 170-foot-long boom fell and pulled down part of the wooden framework of an apartment tower under construction in Queens, injuring seven workers. Three workers had to be extricated from beneath fallen machinery.

— April 2015: Hydraulics malfunctioned on a small crane mounted on a truck while a worker was inspecting it in Manhattan, causing the boom to collapse and fall on him, killing him. The device wasn’t subject to the same regulations and inspections as larger cranes.

— May 2015: A mobile crane dropped a 13-ton air conditioning unit being placed atop a Manhattan office building. The air conditioning equipment fell 28 stories into the middle of an avenue. Ten people were injured by debris, and part of the building facade was shattered.

Balancing Risk and Compassion: Life Sciences Companies Face New Risks from Expanded Access

Pharmaceutical companies operate with a singular objective: bring drugs to market. This is how they profit, how they ensure that their products help the most people, and how they maintain the resources to continue innovating.

The lifecycle of drug development can be complex and onerous, despite improvements to the regulatory approval process over the past several years. Now, a trend sweeping the industry is forcing many pharmaceutical companies to decide under which circumstances they’re willing to divert resources from their mission of helping the masses.

Expanded Access, or “Compassionate Use,” refers to the use of an experimental drug not yet approved by the FDA to treat a critically ill patient outside of a clinical trial. The FDA received more than 1,800 requests for access to experimental drugs last year and, over the last five years, it has approved 99% of these requests.

But ultimately, once requests are approved by the FDA, it’s up to manufacturers to provide the drug to these patients, many of whom are children, and many of whom have just months left to live.

Companies are then faced with a choice: to provide an unapproved drug to individual patients, which can delay the process of making the drug widely available, or to deny the request and risk backlash from the public, who see only a dying patient and the pharmaceutical company that could save them. In several cases, the latter has fueled social media campaigns demonizing companies for withholding potentially life-saving medicines.

How a company handles expanded access requests can affect its reputation and financial stability. Pharmaceutical executives often operate under a microscope, where patient outcomes are the key to keeping investors on board. As expanded access patients often do not qualify for clinical trials, they may be higher-risk candidates, so reporting their results to the FDA could potentially prolong approvals and market availability. On the other hand, a company that denies an expanded access request can face significant reputational damage and even legal action if investors believe that management decisions hindered the company’s progress.

Small and mid-size life science firms in particular may fear that they don’t have the resources to navigate expanded access cases. But requests for experimental drugs are on the rise: the FDA saw a 92% year-over-year increase in requests in 2014. Companies need to prepare their approach and policies before they find themselves in the throes of a difficult decision with pressures mounting from both sides. Here are four ways they can set themselves up to make informed decisions about balancing risk with compassion:

Monitor the Regulatory Environment

Over the last year, the FDA has been working to simplify the process for physicians requesting access to experimental drugs on behalf of patients. In February 2015, the agency streamlined the application form, which now requires physicians to submit just eight types of information, as compared with 26 types in the previous form.

The FDA has also been working with life sciences companies to find alternative solutions to expanded access when needed, such as designing expedited open-label trials for these patients.

Additionally, as of August 2015, 24 states have introduced right-to-try bills, which allow physicians to request experimental drugs without going through the FDA’s application process.

With both federal and state governing bodies paving the way for easier access to experimental drugs, the decision to provide these drugs falls squarely on the shoulders of corporate leadership at pharmaceutical companies. These firms also ought to keep in mind the need to prioritize building and maintaining relationships with the FDA, which can be key in developing a creative solution.

Update Your Crisis Management Plan

Crisis management plans are sometimes written in broad strokes. In preparing for expanded access cases, risk managers need to bring together leadership from various departments—senior management, investor relations, finance, human resources, etc.—to weigh in on the specific risks associated with experimental drugs. Many firms will seek outside counsel to guide the process.

At a basic level, a crisis plan should map out vulnerabilities across all risk areas. For example, companies need to consider the process for securing their facilities, fielding press inquiries, addressing social media backlash, managing investor concerns and navigating potential lawsuits.

Most importantly, companies need to develop the principles that will guide decisions in crisis situations. Rather than scrambling for direction in the heat of public scrutiny, companies should establish a clearly-stated policy and set of guidelines for participation in expanded access programs. This will serve as the foundation of a response if an issue arises. Management must then be prepared to defend that position to all stakeholders, including employees, investors, patients, physicians and potentially press.

Evaluate and Re-evaluate Your Insurance Policies

Organizations need to consider which financial risks they can transfer to their insurance policies. Not everything will be insurable, but a strong policy can provide protection if an expanded access case threatens a company’s financial stability.

This starts with a comprehensive review of a company’s insurance portfolio with the issue of expanded access in mind. Oftentimes, risk managers revisit their policy language through the lens of a specific issue and realize that their expectations for coverage don’t accommodate current events. This can be the case with expanded access.

When reviewing their policies, companies need to understand the intent of the language relevant to expanded access and work with their broker to make sure the coverages are as granular as possible.

Lead the Way

This year, Johnson & Johnson created a Compassionate-Use Advisory Committee composed of doctors, bioethicists and consumer advocates to evaluate expanded access requests and make recommendations to the company’s clinicians. While many have hailed this as a creative solution for maintaining ethical standards, smaller companies with fewer resources cannot as easily take such an approach. These firms have an opportunity to set the standard for managing expanded access cases by developing thoughtful policies, collaborating with regulators and academics and, of course, addressing risks to business from the onset.