MASTER OF ENGINEERING (MENG)

ESE 564: ENGINEERING LAW AND ETHICS

HOMEWORK
RANSFORD SACKEY BATSA
(20754021)

Ofosukrom has for years prided itself as being the green belt of the country. Due to
lower cocoa prices over the past few years, the tax revenue saw a great decline. The
region now requires substantial funding to develop its public infrastructure. The
Mayor of Ofosukrom in his review after taking over the reins of power found that the
region has substantial diamond ore deposits in the only protected area and forest
reserve of the region. The forest also serves as the only source of drinking water for
the entire region.

The Mayor of Ofosukrom, Hon. Ofosuyere advertised for qualified engineering

mining firms to submit bids for a grant of a mining concession in this most preserved
forest reserve which also serves as a UNESCo world heritage site. As per the
qualifications of the assignment, each firm was to have the following: 3 qualified
professional mining engineers with over 15 years’ experience in mining, Availability
of appropriate skills. Ownership of heavy moving earth equipment.
MEng Contracting Engineers has expressed interest in the job and as the Projects
Manager in charge of procurement and the entire bidding process, your immediate
superior has asked you to falsify the qualifications of your firm and its experience
and ownership of appropriate equipment. He has also asked you to inflate the
project cost without any justification.

A few weeks before the bid evaluation, the personal assistant to the Mayor
approached you to ‘lubricate his hands to reduce friction’ during the bid
evaluation and selection exercise so that the process would be skewed in your
favour. Your boss agreed to pay the bribe.
A few months after winning the contract and taking over the site, you realize that
your company, MEng is using inappropriate mining practices popularly known as
“galamsey” methods and has depleted over 100 acres of forest cover and is now
polluting the only source of drinking water in the region with heavy metal deposits
and silt. Your recommendation to the management for a review of the processes was
not accepted. You have strong scientific facts to suspect that the continuous heavy
metal deposits may seriously impair the genetic makeup and health of the people of
Ofosukrom. You have non-disclosure clause in your contract of employment. As
a professional engineer,

A. Isolate the ethical issues in the problem above. - 5 marks

B. State the steps you must follow to analyze the ethical issues above. - 3 marks

C. Analyze the ethical dilemma taking cognizant of the underlying principles of

ethical conduct by engineering professionals. - 12 marks
Introduction
In an article written by Duska in 2017 entitled, ‘Unethical Behavioural Finance: Why
Good People Do Bad Things’, Ethics is defined as the moral principles that act as
guidelines for the way a business conducts itself and its transactions in an
acceptable way. Ellertson et al. (2016) defines Ethics as a standard for morally right
and wrong behaviour within and without an organisation. As mostly agreed, ethics is
the code of moral principle and values that governs the behaviour of a person or
group in relation to what is right or wrong. Professional ethics we mean those
standards of conduct that every member of a profession expects every other
member to follow. These ethical standards apply to members of that group simply
because they are members of that professional group.
According to Balakrishnan et al. (2019) and Skirpan et al. (2018), ethical behaviour
enhances organisational integrity, strengthens the trust and confidence of
stakeholders and customer, ensure the retention of quality workforce, and improve
the overall competitiveness of a company.

Skirpan et al. (2018) noted that a lawful conduct and ethical conduct are not the
same. A behaviour may be lawful but unethical. In other words, a behaviour may be
lawful but may violate moral principles or may be considered awful. In order other
words, there are moral conducts that are wrong but may not captured by law. For
example, it is not illegal to receive a gift from say, a customer. However, if the gift
can influence one’s judgement in performing one’s duty, it becomes a violation of
ethical conduct and therefore awful. These are some of the dilemma that confront
most professionals.
The purpose of this write-up is to isolate the ethical issues in the case study under
consideration, examine the steps to follow in analysing ethical issues and analyse
the ethical dilemma underlying the principle of ethical conduct by engineering
professionals.

A. ETHICAL ISSUES OR PROBLEMS

Ethical issues occur when a given decision, scenario or activity creates a conflict
with a society's moral principles and values. Designing and creating the objects
creates ethical obligations related to the capability of the object to fulfil its intended
purpose, in a harmless manner (Delany et al., 2016). Actions considered ethical
depend on values, some of which are important to society, some to the profession,
some to the employer, and some to the individual. Some values that are pertinent to
professional ethics include: protecting public safety and health, honesty and truth,
diligence, efficiency (producing effectively with minimum of unnecessary effort),
honour, knowledge (gained through education and experience), loyalty (allegiance to
employer’s goals), and confidentiality (dependable in safeguarding information).
These values indicate the value obligation relating to the profession.

According to Widiasanti & Tamin (2015), public safety, health and welfare is a prime
aspect of engineers’ professional ethics in the performance of their duties. In the
present case, ethical issues identified are the pollution of the only source of drinking
water for the community and the deposit of heavy metals and silt which affect the
health and welfare of the people in the region.

Another ethical issue identified is the depletion of vast acres of forest cover through
the use of ‘inappropriate mining practices (‘galamsey’). According to Balakrishnan et
al. (2019), engineers have the responsibility of ratifying the principles of sustainable
growth in a safe and healthy environment. Engineers have the rights and most
importantly, the obligations in dealing with safety, health and welfare of the public for
a sustainable growth.

A further ethical issue identified is the inflation of project costs without any
justification which violate the ethical demand of honesty and truth.

B. STEPS TO FOLLOW IN ANALYSING THE ETHICAL ISSUES ABOVE

Analysis of ethical issues are aimed at addressing problems resulting from one’s
professional conduct bothering on ethics so as arrive at decisions that provide lasting
solutions to the issues identified.
In analysing ethical issues above, the first step was to identify the ethical issues at
hand. Secondly, the relevant stakeholders such as the affected community, the
Meng Company, the Engineer and the Mayor (customer) were identified.
Thirdly, the facts relating to identified ethical issues were interpreted, after which it
was made clear issues that bother on legality and those that do not.
The next step was to evaluate the information, after which realistic objectives were
set. This is followed by identification of options that can used to meet the set
objection. Finally, the option identified are evaluated and justified.
C. ETHICAL DILEMMA OF ENGINEERING PROFESSIONALS
An ethical dilemma describes a conflict between two morally correct courses of
action (Delany et al., 2016). There is a conflict between values or principles. The
dilemma is a situation in which one is ‘tempted’ do something right and wrong at the
same time, and which by taking one right course you will negate the other right
course (Hess & Fore, 2018). Ideally, one should strive to conduct himself in legal and
ethical manner. However, this is often difficult in real business life. The task of the
ethical professional is to balance these value responsibilities. By principle, every
engineer has ethical responsibility first and foremost to the public, secondly to the
employer of the customer, and finally to other parties or professionals (Delany et al.,
2016; Bielefeldt & Canney, 2016).

In the present case under study, the engineer is under obligation to protect the
interest, safety, health and welfare of the region, and is aware very well how their
inappropriate mining practices are affecting the health of the people and he may
want to blow a whistle and create awareness. However, he faces ethical dilemma as
ethics of confidentiality and non-disclosure clauses contained in employment
contract prevents him from acting ethically in the interest of the public. Engineers are
to act professionally with respect to the employer or client as faithful agents or
trustees (Bielefeldt & Canney, 2016). This implies that the engineer places high
importance on the values of loyalty, confidentiality, efficiency, and diligence. The
principle of ethics in respect to the engineering profession dictates that the interest of
the public in respect to health, safety and welfare is paramount.

The depletion of about 100 acres of forest cover through the use of ‘inappropriate
mining practices’ are unethical. The engineer is a dilemma as his torn between the
ethical demand of loyalty to his employer and the protection of public interest and the
environment. The principle of engineering ethic indicates that in this conflicting
situation, the interest of the public should be supreme.
Paying bribe in order influence the decision of an awarding party may be unethical.
However, in the present case, the agreement to pay the bribe seems to be the only
by which the contract can be obtained.

Falsification of the firm qualification, its experience and ownership of equipment used
is an issue of ethical dilemma to the engineer. This is because is wrong, unethical
and illegal for the engineer to falsify documents in respect to experiences,
qualification and ownership of equipment. However, the engineer is under duty of
loyalty to adhere to the bid of his employer. Biding to his employer’s demand would
be illegal, at the same time, doing the right thing by not falsifying documents would
be his professional ethics of loyalty to his employer. If found out, it may result in a
law suit and public mistrust.
In sum, the principle of engineering ethics requires that in all matters of ethical
dilemma, the interest of the public in respect to welfare, health and safety comes
before that of employers and other professional parties.

REFERENCES
Balakrishnan, B., Tochinai, F., & Kanemitsu, H. (2019). Engineering ethics
education: A comparative study of Japan and Malaysia. Science and
engineering ethics, 25(4), 1069-1083. https://doi.org/10.1007/s11948-018-
0051-3
Bielefeldt, A. R., & Canney, N. E. (2016). Changes in the social responsibility
attitudes of engineering students over time. Science and engineering ethics,
22(5), 1535-1551. https://doi.org/10.1007/s11948-015-9706-5
Cheruvalath, R. (2019). Does Studying ‘Ethics’ Improve Engineering Students’ Meta-
Moral Cognitive Skills?. Science and engineering ethics, 25(2), 583-596.
https://doi.org/10.1007/s11948-017-0009-x
Delany, C., Kosta, L., Ewen, S., Nicholson, P., Remedios, L., & Harms, L. (2016).
Identifying pedagogy and teaching strategies for achieving nationally
prescribed learning outcomes. Higher Education Research & Development,
35(5), 895-909. https://doi.org/10.1080/07294360.2016.1138450
Hess, J. L., & Fore, G. (2018). A systematic literature review of US engineering
ethics interventions. Science and engineering ethics, 24(2), 551-583.
https://doi.org/10.1007/s11948-017-9910-6
Skirpan, M., Beard, N., Bhaduri, S., Fiesler, C., & Yeh, T. (2018, February). Ethics
education in context: A case study of novel ethics activities for the CS
classroom. In Proceedings of the 49th ACM Technical Symposium on
Computer Science Education (pp. 940-945). ACM.
https://doi.org/10.1145/3159450.3159573
Widiasanti, I., & Tamin, R. Z. (2015, February). A Review on Certification Procedure
for Professionals Engineer based on Engineering Act in Indonesia.
International Conference on Coastal and Delta Areas, 1(1), 254-262.

A. Isolate the ethical issues in the problem above

1. Misrepresented the company by, your immediate superior has asked you to
falsify the qualifications of your firm and its experience and ownership of
appropriate equipment
2. . He has also asked you to inflate the project cost without any justification.

3. the personal assistant to the Mayor approached you to ‘lubricate his hands
to reduce friction’ during the bid evaluation and selection exercise so that
the process would be skewed in your favour. Your boss agreed to pay the
bribe.
4. A few months after winning the contract and taking over the site, you realize
that your company, MEng is using inappropriate mining practices popularly
known as “galamsey” methods and has depleted over 100 acres of forest
cover and is now polluting the only source of drinking water in the region with
heavy metal deposits and silt