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Antitrust Regulators & Standards Development Organizations

“The Bosses of the Senate”, a cartoon by Joseph Keppler depicting corporate interests—from steel, copper, oil, iron, sugar, tin, and coal to paper bags, envelopes, and salt—as giant money bags looming over the tiny senators at their desks in the Chamber of the United States Senate. CLICK ON IMAGE

 

#BigAcademia

 

To carry out our mission to make education facilities safer, simpler, lower-cost and longer-lasting we are sensitive to the mission of all market actors in this (nearly) half-trillion (and largely, non-profit) space.  Standards Michigan is a for-profit, limited liability corporation with an evolving business model that seeks to apply any tool — and invent one — to accomplish its objective.   With its origin and inspiration from a University of Michigan business and finance enterprise in 1993; we are skilled in asserting the user-interest in the global standards system and have a solid and verifiable track record of success making safe and sustainable cost reductions possible.  See our ABOUT.

Staying in business means staying in your lane and being sensitive to competitors who can become collaborators on specific issues.   The collaboration may not last long, or be very limited in scope, but it is a credit to the global standards system that a framework for collaboration and competition is generally fixed and honored in the courts.

The education industry is a discoverer and promulgator of new knowledge.  It has a social obligation to contribute to the culture of collegiality to transfer to every nation’s youth as inherited wisdom.  Simultaneous competition and collaboration opens onto a minefield of sensitivities, however.

We frequently refer to incumbent stakeholders, or “verticals” when we frame public commenting opportunities presented by standards developing organizations (SDOs) of any configuration (accredited, consortia, or open source).   We have a search algorithm that runs continuously and picks up commenting opportunities by SDO’s twice a day.  Several times a year we update our list of education industry trade associations; most of them not standards developers*.  These trade associations have constraints; the need to tip-toe around the laws that regulate their activity.

So do trade associations aligned with the academic side of the education industry, as can be observed in the December 2019 case  U.S. v. National Association for College Admission Counseling.   Perspective on this case appears in an article written by a partner in the first name in US standards law Gesmer Updegrove‘s blog: CONSORTIUMINFO.ORG

Antitrust Regulators Turn Attention to Standards Organizations

Russ Schlossbach | March 25, 2020

Along with the Federal Trade Commission the Department of Justice in Washington, D.C. is the public enforcer of antitrust law.

* The education industry trade associations that are ANSI standards developers are the direct result of University of Michigan facility operations catalyzing balance in leading practice discovery.  The primary example is Total Cost of Ownership standard developed by APPA Leadership in Education.

 

LEARN MORE:

Readings / National Cooperative Research & Production Act

 

 

Standards Virginia

“Natural Bridge Virginia” 1880 David Johnson

We continue roll out of our collaboration platform for “code writers and vote-getters” begun at the University of Michigan in 1993.  We are now drilling down into state and local adaptations of nationally developed codes and standards that are incorporated by reference into public safety and sustainability legislation.

Standards Michigan remains the “free” home site but state-specific sites such as Standards Virginia will be accessible to clients.   Please send bella@standardsmichigan.com a request to join one of our mailing lists appropriate to your interest for #SmartCampus standards action in the great State of Virginia.


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Active Shooter & Hostile Event Response Program

 

 

 

 

We have been following the fast-tracked development of NFPA 3000 Standard for an Active Shooter/Hostile Event Response (ASHER) Program since its launch.  We have contributed to it and we have catalyzed education industry trade associations to rally their membership to participate.   Keep in mind that there are several other non-profit trade associations moving into this space; each of them assembling experts and preparing curricula to drive conformity, compliance and training revenue.   Nothing necessarily wrong with this except that the active shooter risk aggregation is highly “siloed” and setting the standard of care is, well, highly-siloed.

Click on the link below to sample the ideas running through proposed revisions to the next edition:

NFPA 3000 Second Draft Report

NFPA 3000 First Ballot Final

NFPA 3000 Second Draft Ballot Final

Notice the wordsmithing, the internal coordination and administration, and the referencing to existing and new consensus products emerging in this space.

Similar to the condition in the energy sector in which the federal government has to effectively “clear the market” of redundancy and destructive competition among market participants (i.e. trade associations),  we may find that some form of federal legislation may be required.  As we explain in our post on the National Technology Transfer and Advancement Act that there lies a risk of damping normal, healthy “animal spirit” competition among trade associations.

All that said, NFPA consensus products are very familiar to the public safety culture in local and state governments so it is wise to keep pace; if not lead when necessary.   Note that NFPA 3000 is a trademarked consensus product; tantamount to becoming a “code” that can be incorporated by reference into public safety laws at all levels of government.

Principal and Alternate Votes on the NFPA Technical Committee from educational institutions: Harvard School of Public Health,  Auburn University,  Missouri State University, University of Connecticut and Vanderbilt University.  None of them are casting User-interest votes according to the NFPA Classification of Committee Members.  In other words,  no representative of an entity that is subject to the provisions of the standard or that voluntarily uses the standard — such as a student or a teacher — has a vote on this committee.   They will depend upon the standard of care set by other interest categories.  See our ABOUT to understand why this is.  

The next several milestones in the NFPA 3000 development are listed below:

Normally, NITMAMs are heard at the NFPA Annual Conference and Expo.  It is likely that the NFPA Standards Council will release NFPA 3000 for use by regulating agencies in lieu of the meeting that would have taken place in June.  (CLICK HERE for information about cancellation of the NFPA Annual Conference)

We keep NFPA 3000, along with other emergent school security standards, on the agenda with our Security, Risk and Pathway teleconference  See our CALENDAR for the next online meeting; open to everyone.

Issue [18-15]

Category: Public Safety, Risk Management

Colleagues: Mike Anthony, Richard Robben


LEARN MORE:

IN FORCE911 WhitePaper

U.S. Department of Homeland Security / Active Shooter: How to Respond


ARCHIVE / NFPA 3000 ASHER

School Security Standards

Readings / New Strategies for Wicked Problems

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Group A

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Job Description / User-Interest

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ARCHIVE / NFPA 3000 ASHER

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