Ccmee601engineering Ethics Final Notes Y2

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MODULE CODE: CCMEE601

MODULE TITLE: ENGINEERING ETHICS


RQF LEVEL 6
YEAR 2 Semester I Credits: 3
ACADEMIC YEAR: 2022-2023
SECTOR: CONSTRUCTION AND BUILDING SERVICES
TRADE: CONSTRUCTION TECHNOLOGY

Prepared by NGABOYIMANA Thierry


Email: ngaboyimana@gmail.com
Tel: +250785703953 /0727131317

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PURPOSE STATEMENT
This module aims at equipping the learner with skills, knowledge and
attitudes required to apply engineering ethics that facilitate effective
learning at the workplace. After completion of this module, learner will be
able to describe ethics concept, apply engineering ethics and apply
professional policy, laws and regulations as well.

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LEARNING ASSUMED TO BE IN PLACE
Not applicable

Elements of competence and performance criteria

Learning units describe the essential outcomes of a competence.

Performance criteria describe the required performance needed to demonstrate achievement of the
learning unit.

By the end of the module, the trainee will be able to:

Elements of competence Performance criteria


1. Describe ethic concept 1.1. Explain properly ethic concept in accordance with
existing literature
1.2. Describe correctly workplace ethical issues based
on working rules
1.3. Explain correctly ethical behavior according to
codes of ethics

2. Apply professional ethics 2.1. Explain correctly engineering ethics according to


Association of engineer‟s code of conduct
2.2. Describe properly Conflict Resolution Skills
Based on their responsibilities
2.3. Illustrate adequately application of the
management of the work according to contract law.

3. Apply professional policy, laws and 3.1. Describe correctly professional legal documents
regulations based on their categories
3.2. Interpret appropriately professional policy and
regulations according national public laws
3.3. Apply correctly professional risk analysis
according to standards for risk assessment.

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CONTENTS
PURPOSE STATEMENT ............................................................................................................................................................ 2
LEARNING ASSUMED TO BE IN PLACE..................................................................................................................................... 3
LU 1: DESCRIBE ETHIC CONCEPT ............................................................................................................................................. 6
LO.1.1: Describe ethical concept ........................................................................................................................................ 6
1.1.1. Basic concepts ..................................................................................................................................................... 6
Moral ............................................................................................................................................................................... 6
Ethics............................................................................................................................................................................... 7
1.1.2. Moral vs ethics .................................................................................................................................................... 8
Ethics............................................................................................................................................................................... 9
Morals ............................................................................................................................................................................. 9
1.2.3. Types of Ethics or Morality ...................................................................................................................................... 9
I) Common Morality ................................................................................................................................................... 9
II) Personal Morality .............................................................................................................................................. 10
III) Professional Ethics ............................................................................................................................................ 10
1.2.4. Ethic theories .......................................................................................................................................................... 12
I) Utilitarianism ........................................................................................................................................................ 13
II) Deontology ........................................................................................................................................................ 14
III) Virtue ethics ...................................................................................................................................................... 15
IV) Relativism theories ............................................................................................................................................ 16
L.O.1.2. Describe ethical issues ....................................................................................................................................... 16
1.2.1. Ethical Issue/situation definition ................................................................................................................... 16
1.2.2. Workplace Typical ethical issues .................................................................................................................. 17
1.2.3. Ethical Dilemma ........................................................................................................................................... 18
1.2.3. Solving Ethical Dilemmas ............................................................................................................................ 19
LO.1.3: Explain professional ethical behaviour ............................................................................................................... 23
1.3.1. Key terms ............................................................................................................................................................ 23
1.3.2. Core ethical values .............................................................................................................................................. 24
1.3.3. Components of Ethical Behaviour ...................................................................................................................... 27
1.3.4. Ethical elements of any decision ......................................................................................................................... 29
LU2: APPLY PROFESSIONAL ETHICS....................................................................................................................................... 30
LO.2.1: Explain engineering ethics................................................................................................................................... 30
2.1.1. Key concepts ....................................................................................................................................................... 30
2.1.2. General Engineer Responsibilities and Duties .................................................................................................... 30
2.1.3. Code of ethics of engineers ................................................................................................................................. 31

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II. Rules of Practice........................................................................................................................................................... 31
L.O.2.2: Describe Conflict Resolution Skills.................................................................................................................... 34
2.2.1. Definition ............................................................................................................................................................ 34
2.2.2. Cause of conflicts at workplace .......................................................................................................................... 34
2.2.3. Conflict Resolution ............................................................................................................................................. 34
2.2.4. Communication in conflict resolution ................................................................................................................. 35
2.2.5. Managing and Resolving Conflict in a Positive Way ......................................................................................... 36
2.2.6. Conflict resolution skills ..................................................................................................................................... 36
2.2.7. Steps for conflict resolving ................................................................................................................................. 37
2.2.8. Successful conflict resolution ............................................................................................................................. 38
L.O.2.3. Illustrate application of the management of the work ........................................................................................ 39
2.3.1. Definitions........................................................................................................................................................... 39
2.3.2. Importance of work management........................................................................................................................ 39
2.3.3. The Elements of Work Management .................................................................................................................. 39
2.3.4. Work environment .............................................................................................................................................. 39
LU3: APPLY PROFESSIONAL POLICY, LAWS AND REGULATIONS .......................................................................................... 44
LO.3.1: Describe professional legal documents ............................................................................................................. 44
3.1.1. Law and Policy.................................................................................................................................................... 44
3.1.2. Contract ............................................................................................................................................................... 44
3.1.3. Public vs private servants In Rwanda ................................................................................................................. 47
LO.3.2: Interpret appropriately engineering professional policy and regulations ............................................................ 47
3.2.1. Definition ............................................................................................................................................................ 47
3.2.2. Contents of ethical policy.................................................................................................................................... 47
LO3.3: Apply professional risk analysis ........................................................................................................................... 49
3.3.1. Definitions........................................................................................................................................................... 49
3.3.2. Failure mode and effects analysis (FMEA)......................................................................................................... 49
3.3.3. Risk Assessment and Reduction ......................................................................................................................... 50
3.3.4. Risk Reduction Plan ............................................................................................................................................ 51
REFERENCES .......................................................................................................................................................................... 53

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LU 1: DESCRIBE ETHIC CONCEPT

At the end of this unit one, the learner should be able to:

1.1. Describe ethic concept


1.2. Describe ethical issues
1.3. Explain professional ethical behavior

LO.1.1: Describe ethical concept

1.1.1. Basic concepts

Moral
Definition of “Moral” from different literatures

Definition1: The word “Morality” originates from the Latin word “mos” meaning “custom”. Morals are the
principles or habits with respect to right or wrong of one‟s own conduct. They are not imposed by anyone.
Morals are what you think is good and bad personally.
Though morals are not imposed, they can be understood as the preaching of our inner self. Depending on a few
factors, our mind filters things as good or bad. These are the ideas that help frame our personality so that we can
distinguish between what is right and what is wrong.
A moral is the code of conduct that you develop over time and set for yourself to follow, just like

Being good to everyone Going against what you know is Having chastity
wrong
Being a nice human being etc. Always tell the truth
Always tell the truth Do not destroy property Have courage
Keep your promises Do not cheat Treat others as you want to be
treated
Do not judge Be dependable Be forgiving
Have integrity Take responsibility for your Have patience
actions
Be loyal Have respect for yourself and Be tolerant of differences
others
Seek justice Have humility Be generous

Definition2: Morals are the social, cultural and religious beliefs or values of an individual or group which tells
us what is right or wrong. They are the rules and standards made by the society or culture which is to be
followed by us while deciding what is right.
Definition3: Morals refer to the beliefs what is not objectively right, but what is considered right for any
situation, so it can be said that what is morally correct may not be objectively correct.
Morals are always defined by one‟s own personality. Morals can be changed according to one‟s beliefs as they
are completely dependent on one‟s perception towards the ethical values.
Values are the foundation of an individual person‟s ability to judge between right and wrong. Values include a
deep-rooted system of beliefs that guide a person‟s decisions. They form a personal, individual foundation that
influences a particular person‟s behavior.

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There are examples of values everywhere in your daily life. We make moral decisions based on personal values
all the time. For example, if your value system is founded upon honesty, you would probably choose to study
for a difficult test rather than cheating for a passing grade. However, if you value achievement and success
over honesty, you may decide to cheat on the exam instead.

This relates to which value is “worth more” to the individual. The moral “cheating is bad” in above example is
determined by a person's value of honesty but someone who values success more than honesty may behave by
another moral “cheating is fine”
Other examples of values include:
 A person who values integrity admits that they stole a piece of candy
 Someone who values friendship drops everything to help a friend
 People who value a healthy lifestyle make sure they have time to work out in the morning
 A person who values success works late nights to achieve a promotion
 Someone who values commitment may be more willing to go to marriage therapy than to file for
divorce
Additional examples of morals include:
 It is bad to steal something (based on a value of honesty).
 Helping a friend is a good thing to do (based on a value of friendship).
 It is bad to skip a workout (based on a value of a healthy lifestyle).
 Working late at night is a good thing to do (based on a value of success).
 Saving your marriage is a good way to move forward (based on a value of commitment).
Moral dilemmas occur when morals conflict with each other. For example, what if a daughter couldn‟t afford
the life-saving medicine her dying mother needed, but she had access to the medicine storeroom? Her core
values might tell her stealing is wrong. However, her morality would tell her she needs to protect her mother.
As such, the daughter might end up doing the wrong thing (stealing, as judged by her values) for the right
reasons (saving her mother, as judged by her morals).

Ethics
Ethics is a branch of philosophy that deals with the principles of conduct of an individual or group. It works as a
guiding principle as to decide what is good or bad. They are the standards which govern the life of a person.
Ethics is also known as moral philosophy. Some ethical principles are:

Truthfulness
Honesty
Loyalty
Respect
Fairness
Integrity
The word “Ethics” originates from the Greek word “ethos” meaning “character”. Ethics are a set of rules or
principles that are generally considered as standards or good and bad or right and wrong, which are usually
imposed by an external group or a society or a profession.
Ethics can be understood as the rules of conduct proposed by a society or recognized with respect to a particular
class of human actions or a particular group or culture. Ethics are dependent on others definition. They may or
may not vary from context to context.
A person, who strictly follows a set of ethical principles, may not have any moral at all while a person, who
violates ethical principles at times, may maintain a high moral integrity.
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Ethics are external standards that are provided by institutions, groups, or culture to which an individual belongs.
For example, lawyers, policemen, and doctors all have to follow an ethical code laid down by their profession,
regardless of their own feelings or preferences.
Examples of ethics
 Doctors are held to a strict code of ethics when they swear the Hippocratic Oath. They are bound to the
rule "do no harm," and can be held accountable if they do cause harm to their patients.
 Employees often sign a code of ethics, which includes keeping important matters confidential and not
stealing from the workplace
 Defense lawyers are ethically bound to defend their clients to the best of their ability, even if they are
morally opposed to their clients' crimes.

1.1.2.Moral vs ethics
Ethics and morals relate to “right” and “wrong” conduct. While they are sometimes used interchangeably, they
are different. Ethics refer to rules provided by an external source, e.g., codes of conduct in workplaces or
principles in religions. Ethics are basically an institution's attempt to regulate behavior with rules based on a
shared moral code. Morals refer to an individual‟s own principles regarding right and wrong.
Ethics are external standards that are provided by institutions, groups, or culture to which an individual
belongs. For example, lawyers, policemen, and doctors all have to follow an ethical code laid down by their
profession, regardless of their own feelings or preferences. Ethics can also be considered a social system or a
framework for acceptable behavior. Morals are also influenced by culture or society, but they are personal
principles created and upheld by individuals themselves.
Violating ethics has the same consequence as breaking a rule, while violating one's morals results in personal
guilt and shame instead of a societal consequence. Ethical dilemmas occur when an institutional set of ethics
conflicts with one's personal moral code.

What‟s ethical isn‟t always what‟s moral, and vice versa


Example1: Omertà a code of silence that developed among members of the Mafia. It was used to protect
criminals from the police. This follows the rules of ethically-correct behavior for the organization, but it can
also be viewed as wrong from a moral standpoint.
Example 2: A lawyer who tells the court that his client is guilty may be acting out of a moral desire to see
justice done, but this is deeply unethical because it violates the attorney-client privilege.
Example 3: A student who helps another student cheat on a test is breaking their school's ethics. Even though
they are doing it for a moral reason (helping a friend), they are committing an ethical violation and can be
punished
Conflicts between Ethics and Morals
One professional example of ethics conflicting with morals is the work of a defense attorney. A lawyer‟s morals
may tell her that murder is reprehensible and that murderers should be punished, but her ethics as a professional
lawyer, require her to defend her client to the best of her abilities, even if she knows that the client is guilty.
Another example can be found in the medical field. In most parts of the world, a doctor may not euthanize a
patient, even at the patient's request, as per ethical standards for health professionals. However, the same doctor
may personally believe in a patient's right to die, as per the doctor's own morality.

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Comparison chart: Moral vs. Ethics
Ethics Morals
Principles or habits with respect to right or wrong
The rules of conduct recognized in
conduct. While morals also prescribe dos and
What are they? respect to a particular class of human
don‟ts, morality is ultimately a personal compass
actions or a particular group or culture.
of right and wrong.
Where do they
Social system – External Individual – Internal
come from?
Because society says it is the right thing Because we believe in something being right or
Why we do it?
to do. wrong.
Ethics are dependent on others for
definition. They tend to be consistent Usually consistent, although can change if an
Flexibility
within a certain context, but can vary individual‟s beliefs change.
between contexts.
Origin Greek word “ethos” meaning ”character” Latin word “mos” meaning “custom”
Ethics are governed by professional and
Acceptability legal guidelines within a particular time Morality transcends cultural norms
and place

1.2.3. Types of Ethics or Morality


The three types of ethics or morality are:
 Common Morality
 Personal Morality
 Professional Ethics
If ethical commitment is central to professionalism, we must turn more directly to ethics and especially to
professional ethics. How do professional ethics differ from other types of ethics philosophical ethics, business
ethics, personal ethics, and so on? In answering this question, it is helpful to distinguish between three

I) Common Morality
Common morality is the set of moral beliefs shared by almost everyone. It is the basis, or at least the reference
point, for the other two types of morality that we shall discuss. When we think of ethics or morality, we usually
think of such precepts (principle) as that it is wrong to murder, lie, cheat or steal, break promises, harm others
physically. It would be very difficult for us to question seriously any of these precepts. We shall expand the
notion of common morality in this section, but three characteristics of common morality are mentioned here.
First, many of the precepts of common morality are negative. According to some moralists, common morality
is designed primarily to protect individuals from various types of violations or invasions of their personhood by
others. I can violate your personhood by killing you, lying to you, stealing from you...
Second, although common morality on what we might call the „„ground floor‟ ‟is primarily negative, it does
contain a positive or aspirational component in such precepts as „„Prevent killing,‟‟ „„Prevent deceit,‟‟
„„Prevent cheating,‟‟ …
However, it might also include even more clearly positive precepts, such as „„Help the needy,‟‟ „„Promote
human happiness,‟‟ and „„Protect the natural environment.‟‟This distinction between the positive and
negative aspects of common morality will be important in our discussion of professional ethics.

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Third, common morality makes a distinction between an evaluation of a person‟s actions and an evaluation of
his intention. An evaluation of action is based on an application of the types of moral precepts we have been
considering, but an evaluation of the person himself is based on intention. The easiest way to illustrate these
distinctions to take examples from law, where this important common morality distinction also prevails. If a
driver kills a pedestrian in his automobile accidentally, he may be charged with manslaughter (or nothing) but
not murder. The pedestrian is just as dead as if he had been murdered, but the driver‟s intention was not to kill
him, and the law treats the driver differently, as long as he was not reckless. The results the same, but the intent
is different. To take another example, if you convey false information to another person with the intent to
deceive, you are lying. If you convey the same false information because you do not know any better, you are
not lying and not usually as morally culpable. Again, the result is the same (the person is misled), but the intent
is different.
II) Personal Morality
Personal ethics or personal morality is the set of moral beliefs that a person holds. For most of us, our personal
moral beliefs closely parallel the precepts of common morality. We believe that murder, lying, cheating, and
stealing are wrong. However, our personal moral beliefs may differ from common morality in some areas,
especially where common morality seems to be unclear or in a state of change.

III) Professional Ethics


Professional ethics is the set of standards adopted by professionals insofar as they view themselves acting as
professionals. Every profession has its professional ethics: medicine, law, architecture, pharmacy...
Engineering ethics is that set of ethical standards that applies to the profession of engineering. There are several
important characteristics of professional ethics.
First, unlike common morality and personal morality, professional ethics is usually stated in a formal code. In
fact, there are usually several such codes, promulgated by various components of the profession. Professional
societies usually have codes of ethics, referred to as „„code of professional responsibility,‟‟ „„code of
professional conduct,‟‟ and the like. The American Medical Association has a code of ethics, as does the
American Bar Association. Many engineering societies have a code of ethics, such as the American Society of
Civil Engineers, the American Society of Mechanical Engineers or Code of professional ethics for IER
(Institution of engineer Rwanda)
Second, the professional codes of ethics of a given profession focus on the issues that are important in that
profession. Professional codes in the legal profession concern themselves with such questions as perjury of
clients and the unauthorized practice of law. Perjury is not an issue that is relevant to medicine or dentistry.
In engineering, the code of the Association for Computing Machinery sets out regulations for privacy,
intellectual property, and copyrights and patents. These are topics not covered in most of the other engineering
codes.
Third, when one is in a professional relationship, professional ethics is supposed to take precedence over
personal morality at least ordinarily.

This characteristic of professional ethics has an important advantage, but it can also produce complications. The
advantage is that a patient or client can justifiably have certain expectations of a professional, even if the patient
or client has no knowledge of the personal morality of the professional. When a patient enters a physician‟s
examining room, she can expect the conversations there to be kept confidential, even if she does not know
anything about the personal morality of the physician. When a client or employer reveals details of a business
relationship to an engineer, he can expect the engineer to keep these details in confidence, even though he
knows nothing about the personal morality of the engineer. In both cases, these expectations are based on

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knowledge of the professional ethics of medicine and engineering, not on knowledge of the professional‟s
personal morality.
A complication occurs when the personal morality and professional ethics conflict. For example, in the past few
years, some pharmacists in the United States have objected to filling prescriptions for contraceptives for
unmarried women because their moral beliefs hold that sex outside of marriage is wrong. The code of the
American Pharmaceutical Association makes no provision for refusing to fill a prescription on the basis of an
objection from one‟s personal moral beliefs. In fact, the code mandates honoring the autonomy of the client.
Nevertheless, some pharmacists have put their personal morality ahead of their professional obligations.
Some professions have made provisions for exceptions to professional obligations based on conscience.
Physicians who believe that abortion is wrong are not required to perform an abortion, but there is still an
obligation to refer the patient to a physician who will perform the abortion.
Attorneys may refuse to take a client if they believe the client‟s cause is immoral, but they have an obligation to
refer the prospective client to another attorney. Still, this compromise between personal morality and
professional ethics may seem troubling to some professionals.
If you believe deeply that abortion is murder, how can it be morally permissible to refer the patient to another
physician who would perform the abortion? If you believe what a prospective client wants you to do is immoral,
why would you refer him to another attorney who could help him do it? Nevertheless, this compromise is often
seen as the best reconciliation between the rights and autonomy of the physician and the rights and autonomy of
the patient, client, or employer.

Similar issues can arise in engineering, although engineering codes have not addressed them. Suppose a client
asks a Civil engineer to design a project that the engineer, who has strong personal environmental
commitments, believes imposes unacceptable damage to a wetland. Suppose this damage is not sufficient to be
clearly covered by his engineering code. In this case, the engineer probably should refer the client or employer
to another engineer who might do the work.
Fourth, professional ethics sometimes differs from personal morality in its degree of restriction of personal
conduct. Sometimes professional ethics is more restrictive than personal morality, and sometimes it is less
restrictive. Suppose engineer Jane refuses to design military hardware because she believes war is immoral.
Engineering codes do not prohibit engineers from designing military hardware, so this refusal is based on
personal ethics and not on professional ethics. Here, Jane‟s personal ethics is more restrictive than her
professional ethics. On the other hand, suppose civil engineer Mary refuses to participate in the design of a
project that she believes will be contrary to the principles of sustainable development, which are set out in the
code of the American Society of Civil Engineers. She may not personally believe these guidelines are correct,
but she might (correctly) believe she is obligated to follow them in her professional work because they are
stated in her code of ethics. Here, Mary‟s professional ethics is more restrictive than her personal ethics.
Similar differences in the degree of restriction between personal ethics and professional ethics can occur in
other professions. Suppose a physician‟s personal ethics states that she should tell a woman that her future
husband has a serious disease that can be transmitted through sexual intercourse.
Medical confidentiality, however, may forbid her from doing so. The physician‟s professional ethics in this case
is more restrictive than her personal ethics. In a famous case in legal ethics, lawyers found themselves
defending a decision not to tell a grieving father where his murdered daughter was buried, even though their
client had told them where he had buried the bodies of his victims. They argued that this information had been
conveyed to them confidentially and that, as lawyers, they could not break this confidentiality.
In their defense of themselves, they emphasized that as individual human beings (following their personal
ethics) they deeply sympathized with the father, but as lawyers they felt compelled to protect lawyer–client

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confidentiality. Here, legal ethics was more restrictive than the personal ethics of the lawyers. It would not let
them do something that they very much wanted to do from the standpoint of their personal morality.
In these last two cases, the professional ethics of doctors and lawyers probably also differs from common
morality. Sometimes the conflicts between professional ethics, personal morality, and common morality are
difficult to resolve. It is not always obvious that professional ethics should take priority, and in some cases a
professional might simply conclude that her professional ethics is simply wrong and should be changed.
In any case, these conflicts can provoke profound moral controversy.
The professional ethics of engineers is probably generally less likely to differ from common morality than the
professional ethics of other professions. With regard to confidentiality, we shall see that confidentiality in
engineering can be broken if the public interest requires it. As the previous examples show, however,
professional ethics in engineering can be different from an engineer‟s personal ethics.
Fifth, professional ethics, like ethics generally, has a negative and a positive dimension.
Being ethical has two aspects: preventing and avoiding evil and doing or promoting good. Let us call these two
dimensions the two „„faces‟‟ of ethics: the negative face and the positive face. On the one hand, we should not
lie, cheat, or steal, and in certain circumstances we may have an obligation to see that others do not do so as
well. On the other hand, we have some general obligation to promotehuman well-being. This general obligation
to avoid evil and do good is intensified and made more specific when people occupy special roles and have
special relationships with others.

1.2.4. Ethic theories


Philosophers nowadays tend to divide ethical theories into three areas:
Meta-ethics deals with the nature of moral judgment. It looks at the origins and meaning of ethical principles.
Normative ethics is concerned with the content of moral judgments and the criteria for what is right or wrong.
Applied ethics looks at controversial topics like war, animal rights and capital punishment
 Normative theories tell us not only what we ought to do, but also why we do things that in some
instances may appear counterintuitive to what we think an ethical decision would be. Such theories are
often called ethical systems because they provide a system that allows people to determine ethical
actions that individuals should take (Pollock, 2007). Evans and Macmillan (2014, p.27) define
normative ethics as “theories of ethics that are concerned with the norms, standards or criteria that
define principles of ethical behavior.”The most common examples of normative ethical theories are
utilitarianism and Kantian duty-based ethics (deontology). These systems are used by individuals to
make decisions when confronted with ethical dilemmas.
 Meta-ethics does not address how we ought to behave; rather, meta-ethics is related more to the study
of ethical theory itself. Here the interest is in evaluating moral and ethical theories and systems. For
example, moral relativism is a meta-ethical theory because it interprets discussions around ethics; a
question asked within moral relativism is “is ethics culturally relative?” Evans and Macmillan (2014,
p.27) define meta-ethics as “theories of ethics concerned with the moral concepts, theories, and the
meaning of moral language. Pollock (2007, p.6) further defines meta-ethics as “a discipline that
investigates the meaning of ethical systems and whether they are relative or are universal, and are self-
constructed or are independent of human creation.”
 Applied ethics describes how we apply normative theories to specific issues, usually related to work or
belonging to an organization; for example, policies and procedures of organizations or ethical codes of
outlaw bikers versus ethical codes of police officers. Evans and Macmillan (2014, p.27) define applied
ethics as “theories of ethics concerned with the application of normative ethics to particular ethical

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issues.” An example is knowing and practicing the code of ethics for British Columbia Corrections as an
employee of BC Corrections or following the British Columbia Police Code of Ethics as a police officer.
With the overview of the three categories of ethical theories we will further analyze each ethical theory or
system.
Ethical theories that are briefly covered in this unity are:
 Utilitarianism
 Deontology
 Virtue ethics
 Moral relativism

I) Utilitarianism
Utilitarianism is the philosophy which explains that the happiness or pleasure of a greatest number of people in
the society is considered as the greatest good. According to this philosophy, an action is morally right if its
consequences lead to happiness of the people and wrong if the action leads to their unhappiness. This theory
moves beyond the scope of one‟s own interests and takes into account the interests of others.
Jeremy Bentham is often considered the founder of utilitarianism, though John Stuart Mill (who wrote On
Liberty and Utilitarianism) and others promoted it as a guide to what is good. Utilitarianism emphasizes not
rules but results. An action is generally deemed good or right if it maximizes happiness or pleasure throughout
society. Originally intended as a guide for legislators charged with seeking the greatest good for society, the
utilitarian outlook may also be practiced individually and by corporations.
Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them
is to in some sense maximize utility, which is often defined in terms of well-being or related concepts. For
instance, Jeremy Bentham, the founder of utilitarianism, described utility as "that property in any object,
whereby it tends to produce benefit, advantage, pleasure, good or happiness to prevent the happening of
mischief, pain, evil, or unhappiness to the party whose interest is considered."

Example: the Trolley Problem: Imagine there is a trolley heading toward a group of 5 workers on the tracks.
You are sitting in a control center several miles away, and you have a button that can switch the trolley onto
another track where there‟s only 1 worker. If you flip the switch, one person will die. If you do nothing, 5
people will die. Should you flip the switch? In surveys, most people in America and Britain say yes. 1 death is
better than 5 deaths, so if you have to choose, you should try to minimize the loss of life by flipping the switch.
This is an example of utilitarian reasoning.

Types of Utilitarianism
There are basically two branches of utilitarianism. They both agree that the goal of ethics is to maximize
happiness. But they disagree on where that decision should be applied:
 Act Utilitarianism argues that we should always choose our actions based on what will cause the
greatest amount of happiness. Act utilitarian measures the consequences of a single act.

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 Rule Utilitarianism argues that we should figure out what sort of behavior usually causes happiness,
and turn it into a set of rules. The rule utilitarian measures the consequences of the act repeated over and
over again through time as if it were to be followed as a RULE whenever similar circumstances arise.
Case1:
Take the example of a judge sending a murderer to prison. Say the judge knows the convict will not commit any
more violent crimes, and wants to be lenient based on this knowledge (maybe the convict is very old or
terminally ill). The judge knows that this will make the convict very happy, not to mention their family and
friends. Imagine that the victim‟s family has forgiven the convict and will not feel pain as a result of this
decision.
Should the judge let the convict go? Act utilitarianism says yes, because this maximizes happiness while
causing no future pain in this case. But rule utilitarianism says no, because in general convicts must be
punished for their crimes, even if there is no chance that they will commit future crimes. The judge should
follow the rules, according to this argument, even if in this particular case the rule isn‟t necessary.
Case2:
Someone goes to the doctor. The person is ill, experiences pain and dysfunction. The doctor performs a series
of test and examinations. The person returns to the doctor's office to learn of the results, the diagnosis and
prognosis. The doctor is aware that the tests all show that the person has a disease that is incurable and life
threatening. In fact even under the most aggressive treatment option there is a survival rate of less than 15% for
two years. The doctor is considering what would be GOOD to tell the person. Should the person know the
truth or should the person be told something other than the truth? Which is better? Which is the right thing to
do? What would be GOOD to do? The act utilitarian might calculate that in telling the truth there will be a
great deal of pain and hardly any pleasure at all the person will be upset, their family will be upset, the doctor
will be upset in informing the ill person that there is nothing that the doctor can do to alter their condition. The
doctor's staff will be upset seeing the person come in for whatever treatment there may be. On the other hand, if
the doctor makes up a story concerning the diagnosis and prognosis that is not true but that gives the ill person
more time to enjoy life before the illness makes it obvious that the end is near, well then, the results are
different. The doctor is not so upset in seeing the person; the doctor's staff is not upset. The family and friends
of the person have some more time with that person to enjoy things instead of being morose and depressed. So
the ACT utilitarian might calculate that the GOOD is to lie.
The rule utilitarian would need to consider what would the long-term consequences be if doctors were to lie to
those who come to them and have life threatening, incurable illnesses. The rule utilitarian might calculate that
people would no longer be able to trust their doctors and this would break down the confidence they need for
their therapies to be effective. The RULE utilitarian might calculate that there is far more harm in lying
and so the GOOD is to tell the truth.

II) Deontology
Deontology is the normative ethical theory that the morality of an action should be based on whether that action
itself is right or wrong under a series of rules, rather than based on the consequences of the action. It is
sometimes described as duty, obligation, or rule-based ethics. Deontological ethics is commonly contrasted to
consequentialism, virtue ethics, and pragmatic ethics. In this terminology, action is more important than the
consequences.
Deontological ethics, an action is considered morally good because of some characteristic of the action itself,
not because the product of the action is good. Deontological ethics holds that at least some acts are morally
obligatory regardless of their consequences for human welfare
Kantianism (Immanuel Kant's theory of ethics) is considered deontological for several different reasons.
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First, Kant argues that in order to act in the morally right way, people must act from duty.
Second, Kant argued that it was not the consequences of actions that make them right or wrong, but the motives
of the person who carries out the action.
Kant then argues that the things that are usually thought to be good, such as intelligence, perseverance, and
pleasure, fail to be either intrinsically good or good without qualification.
Pleasure, for example, appears not to be good without qualification, because when people take pleasure in
watching someone suffer; this seems to make the situation ethically worse. He concludes that there is only one
thing that is truly good:
“Nothing in the world indeed nothing even beyond the world can possibly be conceived which could be called
well without qualification except a good will”.
Kant then argues that the consequences of an act of willing cannot be used to determine that the person has a
good will; good consequences could arise by accident from an action that was motivated by a desire to
cause harm to an innocent person, and bad consequences could arise from an action that was well-
motivated. Instead, he claims, a person has a good will when he "acts out of respect for the moral law." People
"act out of respect for the moral law" when they act in some way because they have a duty to do so. Thus, the
only thing that is truly good in itself is a good will, and a good will is only good when the willer chooses to
do something because it is that person's duty, i.e. out of respect for the law. He defines respect as "the
concept of a worth which thwarts my self-love."
Kant also distinguished between perfect and imperfect duties. Kant used the example of lying as an application
of his ethics: because there is a perfect duty to tell the truth, we must never lie, even if it seems that lying
would bring about better consequences than telling the truth. Likewise, a perfect duty (e.g. the duty not to
lie) always holds true; an imperfect duty (e.g., the duty to give to charity) can be made flexible and applied in
particular time and place.

III) Virtue ethics


Virtue (Latin: virtus) is moral excellence. A virtue is a trait or quality that is deemed to be morally good and
thus is valued as a foundation of principle and good moral being. Personal virtues are characteristics valued as
promoting collective and individual greatness. In other words, it is a behaviour that shows high moral standards.
Doing what is right and avoiding what is wrong. The opposite of virtue is vice,
Virtue ethics is an approach to ethics that takes the notion of virtue (often conceived as excellence) as
fundamental. Virtue ethics is primarily concerned with traits of character that are essential to human flourishing
(developing rapidly and successfully), not with the enumeration of duties.

Character-based ethics
 A right act is the action a virtuous person would do in the same circumstances.
Virtue ethics is person based rather than action based: it looks at the virtue or moral character of the person
carrying out an action, rather than at ethical duties and rules, or the consequences of particular actions.
Virtue ethics not only deals with the rightness or wrongness of individual actions, it provides guidance as to the
sort of characteristics and behaviors a good person will seek to achieve.
In that way, virtue ethics is concerned with the whole of a person's life, rather than particular episodes or
actions.
 A good person is someone who lives virtuously who possesses and lives the virtues.
It's a useful theory since human beings are often more interested in assessing the character of another person
than they are in assessing the goodness or badness of a particular action.
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This suggests that the way to build a good society is to help its members to be good people, rather than to use
laws and punishments to prevent or deter bad actions.
But it wouldn't be helpful if a person had to be a saint to count as virtuous. For virtue theory to be really useful
it needs to suggest only a minimum set of characteristics that a person needs to possess in order to be regarded
as virtuous.
Principles
Virtue ethics teaches:
 An action is only right if it is an action that a virtuous person would carry out in the same circumstances.
 A virtuous person is a person who acts virtuously
 A person acts virtuously if they "possess and live the virtues"
 A virtue is a moral characteristic that a person needs to live well.
Most virtue theorists would also insist that the virtuous person is one who acts in a virtuous way as the result of
rational thought (rather than, say, instinct).

IV) Relativism theories


Relativism is a family of philosophical views which deny claims to objectivity within a particular domain and
assert that facts in that domain are relative to the perspective of an observer or the context in which they are
assessed.
is the view that moral (or normative) statements are not objectively true, but “true” relative to a particular
individual or society that happens to hold the belief. In saying that moral beliefs are relative, we mean that they
are a function of, or dependent on, what those individuals or societies do, in fact, believe. Put negatively,
according to Ethical Relativism (E.R), there are no objective moral values, no objective right or wrong, and no
universally valid moral claims independent of what a subject happens to believe. Hence, there are no objective
and universal norms against which we might measure our subjective beliefs about morality. There is no moral
knowledge. Note: the opposite view- right and wrong is objective and universal– is often called non relativism,
or Ethical Objectivism.
Uses of Ethical Theories
Ethical theories help in the following areas:
 Understanding moral dilemmas.
 Justifying professional obligations and ideas.
 Relating ordinary and professional morality.

L.O.1.2. Describe ethical issues


1.2.1. Ethical Issue/situation definition
Definition: Ethical issues in business are a situation where a moral conflict arises and must be addressed. In
other words, it is an occasion where a moral standard is questioned.
Ethical issues occur when a given decision, scenario or activity creates a conflict with a society’s moral
principles. Both individuals and businesses can be involved in these conflicts, since any of their activities might
be put to question from an ethical standpoint. Individuals are subject to these issues in their relationships with
other individuals or in their relationships with organizations and same goes for organizations.
These conflicts are sometimes legally dangerous, since some of the alternatives to solve the issue might breach
a particular law. In other occasions, the issue might not have legal consequences but it might generate a
negative reaction from third parties. Ethical issues are challenging because they are difficult to deal with if no
guidelines or precedents are known. For this reason, many professional and industry associations have ethical

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codes that are discussed and approved by key participants to provide a useful framework for companies and
individuals to make adequate decisions whenever they face one of these conflicts.
Business Example
Mr. Pollard is a Regional Sales Manager at a company called Synthetic Fabrics Co. He currently overseas ten
different states within the U.S, supervising more than 50 sales representatives. He travels very frequently to
visit each of these states to meet with clients and help representatives to close deals. As part of these
assignments he receives a sum of money for all his travel expenses. He has to report his actual expenses after
the trip has ended and he has to send back the remaining money to the company.
Some of his colleagues, other regional managers, often tell him about how they cheat the system to keep the
remaining money. This is a practice that is not considered illegal but it breaches the company‟s Code of
Conduct. For Mr. Pollard, this is an ethical issue that he must address. He could do what his peers do and make
some extra cash or he could be ethical about it and send back what‟s left.

Using the Code of Conduct as reference, Mr. Pollard decided to make the ethical decision of reporting the right
amount, therefore, avoiding future conflicts that may arise because of the issue.

1.2.2. Workplace Typical ethical issues


 Unethical Leadership
Having a personal issue with your boss is one thing, but reporting to a person who is behaving unethically is
another. This may come in an obvious form, like manipulating numbers in a report or spending company money
on inappropriate activities; however, it can also occur more subtly, in the form of bullying, accepting
inappropriate gifts from suppliers, or asking you to skip a standard procedure just once. With studies indicating
that managers are responsible for 60% of workplace misconduct, the abuse of leadership authority is an
unfortunate reality.
 Toxic Workplace Culture
Organizations helmed by unethical leadership are more often than not plagued by a toxic workplace culture.
Leaders who think nothing of taking bribes, manipulating sales figures and data or pressuring employees or
business associates for “favors” (whether they be personal or financial), will think nothing of disrespecting and
bullying their employees. With the current emphasis in many organizations to hire for “cultural fit,” a toxic
culture can be exacerbated by continually repopulating the company with like-minded personalities and toxic
mentalities. Even worse, hiring for “cultural fit” can become a smokescreen for discrimination, which can result
in more ethical issues and legal ramifications.
 Discrimination and Harassment
Laws require organizations to be equal employment opportunity employers. Organizations must recruit a
diverse workforce, enforce policies and training that support an equal opportunity program, and foster an
environment that is respectful of all types of people. Unfortunately, there are still many whose practices break
with EEOC (U.S. Equal Employment Opportunity Commission) guidelines. When discrimination and
harassment of employees based on race, ethnicity, gender, disability or age occurs, not only has an ethical line
been crossed but a legal one as well. Most companies are vigilant to avoid the costly legal and public
ramifications of discrimination and harassment, so you may encounter this ethical dilemma in more subtle
ways, from seemingly “harmless” off-color jokes by a manager to a more pervasive “group think” mentality
that can be a symptom of a toxic culture. This could be a group mentality toward another group (for example,
women aren‟t a good fit for our group). Your best response is to maintain your personal values and repel such
intolerant, unethical or illegal group norms by offering an alternative, inclusive perspective as the best choice
for the group and the organization.

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 Unrealistic and Conflicting Goals
Your organization sets a goal it could be a monthly sales figure or product production number that seems
unrealistic, even unattainable. While not unethical in and of itself (after all, having driven leadership with
aggressive company goals is crucial to innovation and growth), it‟s how employees, and even some leaders, go
about reaching the goal that could raise an ethical red flag. Unrealistic objectives can spur leaders to put undue
pressure on their employees, and employees may consider cutting corners or breaching ethical or legal
guidelines to obtain them. Cutting corners ethically is a shortcut that rarely pays off, and if your entire team or
department is failing to meet goals, company leadership needs that feedback to revisit those goals and re-
evaluate performance expectations.
 Questionable Use of Company Technology
While this may feel like a minor blip in the grand scheme of workplace ethics, the improper use of the internet
and company technology is a huge cost for organizations in lost time, worker productivity and company money.
One survey found that 64% of employees visit non-work-related websites during the workday. Not only is it a
misuse of company tools and technology, but it‟s also a misuse of company time. Whether you‟re taking hourly
breaks to check your social media news feed or know that your coworker is using company technology
resources to work on freelance jobs, this “little white lie” of workplace ethics can create a snowball effect. The
response to this one is simple: when you‟re working on the company‟s computer on the company‟s time, just
don‟t do it, even as tempting as it may be.
Typical Ethical issues that Engineers Encounter
Safety Acceptable risk Confidentiality
Environmental health Data integrity Conflict of interest
Honesty/Dishonesty Societal impact Fairness
Accounting for uncertainty

Other Ethical Issues Facing Engineers


There are several other ethical issues that engineers may face. Some have to do with technical practice, but
many others have to do with broader considerations of business conduct. These include:
 Relationships with clients, consultants, competitors, and contractors
 Ensuring legal compliance by clients, client's contractors, and others
 Bribery and kickbacks, which might include:
 Gifts, meals, services, entertainment and recreation opportunities
 Treatment of confidential or proprietary information
 Consideration of the employer‟s assets
 Outside employment/activities (moonlighting)

1.2.3. Ethical Dilemma


In philosophy, ethical dilemmas, also called ethical paradoxes or moral dilemmas are situations in which an
agent stands under two (or more) conflicting moral requirements. An ethical dilemma is a problem in the
decision-making process.There is three conditions that must be present for a situation to be considered an
ethical dilemma.
The first condition occurs in situations when an individual, called the “agent,” must make a decision about
which course of action is best. Situations that are uncomfortable but that don‟t require a choice are not ethical
dilemmas. For example, students in their internships are required to be under the supervision of an appropriately
credentialed social work field instructor. Therefore, because there is no choice in the matter, there is no ethical
violation or breach of confidentiality when a student discusses a case with the supervisor.

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The second condition for ethical dilemma is that there must be different courses of action to choose from.
Third, in an ethical dilemma, no matter what course of action is taken, some ethical principle is compromised.
In other words, there is no perfect solution.

1.2.3. Solving Ethical Dilemmas

Framework for resolving ethical problems

This section provides a framework for ethical decision making. This framework will assist you to apply the
code of ethics in a business setting and offer a mechanism for discussion and problem-solving to lead you
through the resolution of complex issues.

Steps in Ethical Decision Making


There are five simple, infallible steps for resolving problems:
1. Identify the central ethical problem
2. Identify affected parties and their interests
3. Search for possible solutions for the dilemma
4. Evaluate each solution using the interests of those involved, accorded suitable priority
5. Select and justify the solution that best resolves the dilemma

This seems almost too simple, but it‟s a matter of how the above method is applied. In reality what tends to
happen is that people rush into deciding on solutions too quickly. They assume they know what the problem is
and its cause. If the real problem is not accurately and clearly identified you run the risk of going off on a
tangent and finding a solution for the wrong problem.

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The following are the five steps that provide a systematic method of solving ethical problems and making
decisions

STEP 1: Identify the ethical problem


What is the problem?
In Step 1 you have to determine precisely what must be decided, i.e. determine whether there is an ethical issue
and/or dilemma. Is there a conflict of values, or rights, or professional responsibilities? Which clause of the
Code of Conduct is affected by this dilemma? If no connection can be made, there is no ethical problem.
The first step in analyzing ethical issues involves recognizing that there is a problem that requires resolution and
a thorough understanding of the problem. The problem may seem obvious but it is advisable nonetheless to still
undertake research, investigation, and study until it the whole problem is understood. Do not make the mistake
of rushing off to solve a problem, which may not address what is really wrong underneath.
Collect all the appropriate information, e.g. looking up records, asking for opinions, etc. Correct information
concerning the problem must be collected. Real facts and causes must be investigated and assumptions,
deductions and unsubstantiated claims must be avoided. Some ethical issues create controversies simply
because we do not bother to check the facts.
The real problem may not be what you initially think the problem is. The presenting symptom may only be the
tip of the iceberg and the real problem underneath may be a lot bigger than it appears on the surface. For
example, falling production levels is a serious issue but is a side effect of the underlying trouble.

STEP 2: Identify affected parties


Who is affected?
Who will be affected by any decisions made and the execution of the solution?
If you have any doubts or questions as to what the proper course of conduct should be in any given situation,
consult with relevant stakeholders, the interested and affected parties.
Certain key role players form part of the process of finding the best solution to an ethical problem. Seeking co-
operation and involvement of all the stakeholders will improve the transparency and legitimacy of the
engineering operation. The participation of all those affected by the ethical problem is important and needs to be
clarified.
The resolution of conflict cannot rest in the hands of one or two individuals. Decisions can affect a wide range
of people. Ideally, decisions should not be taken by one person. To improve the quality of decisions, problems

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should be solved by means of group discussion and participation. All stakeholders in a situation must be
involved - for legal as well as ethical reasons.
These principles must be applied in business, with decisions based on the expressed viewpoints of all
stakeholders in a given situation - even indirect stakeholders. Potential clients should also be recognized as
stakeholders because their choice to do business with a firm may be based on the firm's reputation for ethical
behavior
Decide who will be affected by the decisions made. It is a good idea to involve them from the beginning to get
their input. This could be anyone who is affected by the problem, with a stake in the outcome of the problem or
anyone having decision-making power. Confer with all the necessary persons (i.e. clients and colleagues, as
appropriate) regarding the ethical dimensions and the potential risks and consequences of alternative courses of
action.
It is important to communicate and consult with those affected in order to gain their support. Having a wider
stakeholder input will also help towards a better buy-in when it comes to implementation. Decide who the
stakeholders are, who can best represent them, what their primary motivation is and how you should involve
them.
A good place to start with problem recognition is an opening discussion to get all necessary stakeholder
viewpoints on the table. This offers viewpoints on the problem from all different angles. Perceived symptoms
can be categorized as either hard or soft. Hard data is hard scientific, factual information. Soft data involves
human factors such as feelings, opinions, attitudes, personality conflicts, frustrations, and hearsay. It is
important to study both hard and soft data to fully understand the problem. When the symptoms are discussed,
the nature of the problem may shift from what it originally seemed.

STEP 3: Explore optional solutions


What is the solution to this problem?
This step involves formulating and devising a full range of alternatives. This is a vital step towards establishing
agreement for the final decision. From the information gathered, alternative actions are formulated. One must
look for a number of alternative solutions. The first solution is not necessarily the best one and a few
alternatives should be considered.
Problem solving involves developing a choice of strategies. It is unusual for only one solution to immediately
present itself as the obvious and ideal answer. Sometimes it is the least undesirable solution that ends up being
chosen as the best solution. Potential strategies are explored that will address and permanently eliminate the
root cause. In this step a complete list of possible solutions is generated.
A comprehensive list is necessary as this stops you from being impulsive and following the first reasonable-
sounding idea which may end up being incomplete or unbalanced. It also prevents likely courses of action being
overlooked.
Produce an exhaustive list by tapping into the creativity to come up with every possible, conceivable solution
that could be thought of. Often people will have their own idea of the best solution so it is important to hear
everyone‟s input and get all the solutions documented.
A range of alternatives are first generated, and then in the next step, evaluated in terms of cost, time, and
complexity of each corrective action being considered. Each alternative is weighed according to its advantages
and disadvantages. The alternative with the most advantages and the least disadvantages is then selected.

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STEP 4: Evaluate solutions
What options do we have? Evaluate and prioritise each solution in accordance with the general interests
of those involved.
In this step, each idea is evaluated and compared. Each alternative is weighed according to its advantages and
disadvantages and the alternative with the most advantages and the least disadvantages is then selected.
Tips for Evaluating Solutions
 Eradicate unacceptable alternatives, i.e. those that are impractical, illegal or improper.
 Finally, if possible, settle on at least three ethically justifiable options.
 Analyze these options in turn and establish which ethical principles and values are involved.

Questions to ask:
“What would solve the problem?”
“What strategy could resolve the root cause?”
“What solutions have already been thought of?”
“What approaches haven‟t been thought of?”
“How could we stop this situation from recurring?”
“What different methods might work?”
“What crazy ideas might help?”

STEP 5: Select and justify a solution


Which is the best solution for all concerned?
In this step a workable solution is decided upon.
Decision-making is deciding on the most suitable way to solve or handle a specific problem or situation after
considering the different alternatives. During this step the choice is made. The best alternative must be selected.
All the previous steps were in preparation for this step to ensure that decision-making works properly. One of
the alternative solutions generated before is chosen as the course of action forward. One strategy has to be
decided on from all the options and it has to be one that everyone will be behind and accept.
The final decision has to be rational and objective. Basing the decision on the work done at the previous steps
helps avoid unilateral decisions taken using political power, personal preference or poor leadership.
Ethical situation scenarios
Consider each situation and answer the following questions:
1. Is there an ethical problem?
2. What are the primary references to the Ethics Code?
3. What should the Engineer do?
4. What could the Engineer have done to avoid the situation?
Scenario 1
A professor supplements his income by consulting. He won a bid for a large project that was billed according to
his professional hourly rate; yet he uses his graduate students to do a lot of the work under his close supervision
and pays them a lower hourly rate. Opportunities for applied experience in the field are limited in this
geographical area, and students are even willing to work for free to gain some applied experience that they need
to meet their graduate school requirements.
Scenario 2
A consultant has a Ph.D. in engineering but is not registered. When asked by potential clients about his
credentials, he represents himself as a consultant trained in engineering (i.e. a qualified engineer) and able to
provide all the services that a registered engineer provides.
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Scenario 3
An employee wants to be coached by an engineer with whom he has had an extensive coaching relationship in
the past. The new employer of the Candidate agrees to retain and pay for the engineer‟s services. After the
coaching relationship is re-established, the Coach approaches his client (the Candidate) and asks if she would
recommend him for additional work in the new company.
Scenario 4
An engineer feels he has been harmed by the unethical behavior of an unregistered engineer who is practicing
outside of his area of competence. Consequently, the engineer files an ethics charge with the ECSA.
Scenario 5
An engineer was asked by another consulting firm to develop a specification for a client organization. The
engineer paid a “finder‟s fee” to the consulting firm that brings him into the organization. The organization is
quite pleased with the work, comes directly to the engineer, and asks him to quote for a related project.
Scenario 6
An engineer in a large organization conceived and designed a major research project; however, an intern
collected and analyzed the data under the engineer‟s supervision. The engineer wrote a paper to be presented at
a professional conference and listed himself as first author and the intern as second author. When the engineer
showed the paper to the intern, he protested that he should be first author since he did all of the work.
Scenario 7
A group of engineers from different companies in one industry decided to develop a specification. The
engineering consultant hired by the consortium wrote criteria for the specification. One engineer has a very
difficult time meeting the study requirements and takes some short cuts. The engineering consultant has no way
to determine if the guidelines were followed.
Scenario 8
An engineer who works for a consulting firm asked another engineer employed by a client firm out for a date.
They hit it off and are now engaged to be married.
Scenario 9
An engineer was retained by an organization to conduct an audit of its engineering practices in preparation for a
safety audit. Several years later, a plaintiff‟s attorney contacts the engineer and asked him to serve as an expert
witness in a safety case against the same company.

LO.1.3: Explain professional ethical behaviour

1.3.1. Key terms


A Profession is an occupation practiced by disciplined group of individuals who adhere to ethical standards and
who hold themselves out as, and are accepted by the public as possessing special knowledge and skills in a
widely recognized body of learning derived from research, education and training at a high level, and who are
prepared to apply this knowledge and exercise these skills in the interest of others.
A Professional is a member of a Profession. Professionals are governed by codes of ethics and profess
commitment to competence, integrity and morality, altruism and the promotion of the public good within their
expert domain. Professionals are accountable to those they serve and to society
Engineering and professionalism
 Engineering is a group activity, which openly professes special knowledge, skill, and judgment. It is the
occupation by which most engineers earn their living, and it is entered into voluntarily
 Engineers have extensive training and possess knowledge and skills that are vital to the public
 The goal of engineering as holding paramount the health, safety, and welfare of the public.

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 Finally, engineers have special obligations, including protecting the health and safety of the public, as
this is affected by technology. Engineering has a goal of producing technology for the welfare of
society.
„Professionalism‟ is defined as the personally held beliefs of a Professional about their own conduct as a
member of a Profession. It is often linked to the upholding of the principles, laws, ethics and conventions of a
Profession in the form of a code of practice.

1.3.2. Core ethical values


 Trustworthiness  Respect  Responsibility  Fairness

Honesty Civility, Accountability Process


Integrity Courtesy Pursuit of Excellence Impartiality
Reliability(Promise-keeping) &Decency Self-Restraint Equity
Loyalty Dignity &
Autonomy
Tolerance &
Acceptance
 Caring  Citizenship

 TRUSTWORTHINESS
When others trust us, they give us greater leeway because they feel we don‟t need monitoring to assure that
we‟ll meet our obligations. They believe in us and hold us in higher esteem. That‟s satisfying. At the same time,
we must constantly live up to the expectations of others and refrain from even small lies or self-serving
behavior that can quickly destroy our relationships. Simply refraining from deception is not enough.
Trustworthiness is the most complicated of the six core ethical values and concerns a variety of qualities like
honesty, integrity, reliability and loyalty.
Honesty
There is no more fundamental ethical value than honesty. We associate honesty with people of honor, and we
admire and rely on those who are honest. But honesty is a broader concept than many may realize. It involves
both communications and conduct. Honesty in communications is expressing the truth as best we know it and
not conveying it in a way likely to mislead or deceive. There are three dimensions:
 Truthfulness. Truthfulness s presenting the facts to the best of our knowledge. Intent is the crucial
distinction between truthfulness and truth itself. Being wrong is not the same thing as lying, although
honest mistakes can still damage trust insofar as they may show sloppy judgment.
 Sincerity. Sincerity is genuineness, being without trickery or duplicity. It precludes all acts, including
half-truths, out-of-context statements, and even silence, that are intended to create beliefs or leave
impressions that are untrue or misleading.
 Candor. In relationships involving legitimate expectations of trust, honesty may also require candor,
forthrightness and frankness, imposing the obligation to volunteer information that another person needs
to know.
Honesty in conduct is playing by the rules, without stealing, cheating, fraud, subterfuge and other trickery.
Cheating is a particularly foul form of dishonesty because one not only seeks to deceive but to take advantage
of those who are not cheating. a violation of both trust and fairness not all lies are unethical, even though all lies
are dishonest. Huh? That‟s right; honesty is not an inviolate principle. Occasionally, dishonesty is ethically
justifiable, as when the police lie in undercover operations or when one lies to criminals or terrorists to save
lives. But don‟t kid yourself: occasions for ethically sanctioned lying are rare and require serving a very high
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purpose indeed, such as saving a life not hitting a management-pleasing sales target or winning a game or
avoiding a confrontation.

Integrity
The word integrity comes from the same Latin root as "integer," or whole number. Like a whole number, a
person of integrity is undivided and complete. This means that the ethical person acts according to her beliefs,
not according to expediency. She is also consistent. There is no difference in the way she makes decisions from
situation to situation; her principles don‟t vary at work or at home, in public or alone. Because she must know
who she is and what she values, the person of integrity takes time for self-reflection, so that the events, crises
and seeming necessities of the day do not determine the course of her moral life. She stays in control. She may
be courteous, even charming, but she is never duplicitous. She never demeans herself with obsequious behavior
toward those she thinks might do her some good. She is trusted because you know who she is: what you see is
what you get. People without integrity are called "hypocrites" or "two-faced.

Reliability (Promise-Keeping)
When we make promises or other commitments that create a legitimate basis for another person to rely upon us,
we undertake special moral duties. We accept the responsibility of making all reasonable efforts to fulfill our
commitments. Because promise-keeping is such an important aspect of trustworthiness, it is important to:
 Avoid bad-faith excuses. Interpret your promises fairly and honestly. Don‟t try to rationalize
noncompliance.
 Avoid unwise commitments. Before making a promise consider carefully whether you are willing and
likely to keep it. Think about unknown or future events that could make it difficult, undesirable or
impossible. Sometimes, all we can promise is to do our best.
 Avoid unclear commitments. Be sure that, when you make a promise, the other person understands what
you are committing to do.

Loyalty
Some relationships “husband-wife, employer-employee, citizen-country” create an expectation of allegiance,
fidelity and devotion. Loyalty is a responsibility to promote the interests of certain people, organizations or
affiliations. This duty goes beyond the normal obligation we all share to care for others.
 Limitations to loyalty. Loyalty is a tricky thing. Friends, employers, co-workers and others may demand
that we rank their interests above ethical considerations. But no one has the right to ask another to sacrifice
ethical principles in the name of a special relationship. Indeed, one forfeits a claim of loyalty when he or
sheasks so high a price for maintaining the relationship.
 Prioritizing loyalties. So many individuals and groups make loyalty claims on us that we must rank our
loyalty obligations in some rational fashion. For example, it‟s perfectly reasonable, and ethical, to look out
for the interests of our children, parents and spouses even if we have to subordinate our obligations to other
children, neighbors or co-workers in doing so.
 Safeguarding confidential information. Loyalty requires us to keep some information confidential. When
keeping a secret breaks the law or threatens others, however, we may have a responsibility to "blow the
whistle."
 Avoiding conflicting interests. Employees and public servants have a duty to make all professional
decisions on merit, unimpeded by conflicting personal interests. They owe ultimate loyalty to the public.
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 RESPECT
People are not things, and everyone has a right to be treated with dignity. We certainly have no ethical duty to
hold all people in high esteem, but we should treat everyone with respect, regardless of who they are and what
they have done. We have a responsibility to be the best we can be in all situations, even when dealing with
unpleasant people. The Golden Rule do unto others as you would have them do unto you nicely illustrates the
Pillar of respect. Respect prohibits violence, humiliation, manipulation and exploitation. It reflects notions such
as civility, courtesy, decency, dignity, autonomy, tolerance and acceptance.
Civility, Courtesy and Decency
Respectful person is an attentive listener; although his patience with the boorish need not be endless (respect
works both ways). Nevertheless, the respectful person treats others with consideration, and doesn‟t resort to
intimidation, coercion or violence except in extraordinary and limited situations to defend others, teach
discipline, maintain order or achieve social justice. Punishment is used in moderation and only to advance
important social goals and purposes.
Dignity and Autonomy
People need to make informed decisions about their own lives. Don‟t withhold the information they need to do
so. Allow all individuals, including maturing children, to have a say in the decisions that affect them.
Tolerance and Acceptance
Accept individual differences and beliefs without prejudice. Judge others only on their character, abilities and
conduct.
 RESPONSIBILITY
Life is full of choices. Being responsible means being in charge of our choices and, thus, our lives. It means
being accountable for what we do and who we are. It also means recognizing that our actions matter and we are
morally on the hook for the consequences. Our capacity to reason and our freedom to choose make us morally
autonomous and, therefore, answerable for whether we honor or degrade the ethical principles that give life
meaning and purpose. Ethical people show responsibility by being accountable, pursuing excellence and
exercising self-restraint. They exhibit the ability to respond to expectations.

Accountability
An accountable person is not a victim and doesn‟t shift blame or claim credit for the work of others. He
considers the likely consequences of his behavior and associations. He recognizes the common complicity in the
triumph of evil when nothing is done to stop it. He leads by example.
Pursuit of Excellence
The pursuit of excellence has an ethical dimension when others rely upon our knowledge, ability or willingness
to perform tasks safely and effectively.
 Diligence. It is hardly unethical to make mistakes or to be less than "excellent," but there is a moral
obligation to do one‟s best, to be diligent, reliable, careful, prepared and informed.
 Perseverance. Responsible people finish what they start, overcoming rather than surrendering to obstacles.
They avoid excuses such as, "That‟s just the way I am," or "It‟s not my job," or "It was legal. Continuous
Improvement. Responsible people always look for ways to do their work better.
Self-Restraint
Responsible people exercise self-control, restraining passions and appetites (such as lust, hatred, gluttony, greed
and fear) for the sake of longer-term vision and better judgment. They delay gratification if necessary and never
feel it‟s necessary to "win at any cost." They realize they are as they choose to be, every day.

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 FAIRNESS
What is fairness? Most would agree it involves issues of equality, impartiality, proportionality, openness and
due process. Most would agree that it is unfair to handle similar matters inconsistently. Most would agree that it
is unfair to impose punishment that is not commensurate with the offense. The basic concept seems simple,
even intuitive, yet applying it in daily life can be surprisingly difficult. Fairness is another tricky concept,
probably more subject to legitimate debate and interpretation than any other ethical value. Disagreeing parties
tend to maintain that there is only one fair position (their own, naturally). But essentially fairness implies
adherence to a balanced standard of justice without relevance to one‟s own feelings or inclinations.
Process: Process is crucial in settling disputes, both to reach the fairest results and to minimize complaints.
A fair person scrupulously employs open and impartial processes for gathering and evaluating information
necessary to make decisions. Fair people do not wait for the truth to come to them; they seek out relevant
information and conflicting perspectives before making important judgments.
Impartiality: Decisions should be made without favoritism or prejudice.
Equity: An individual, company or society should correct mistakes, promptly and voluntarily. It is
improper to take advantage of the weakness or ignorance of others
 CARING
If you existed alone in the universe, there would be no need for ethics and your heart could be a cold, hard
stone. Caring is the heart of ethics, and ethical decision-making. It is scarcely possible to be truly ethical and yet
unconcerned with the welfare of others. That is because ethics is ultimately about good relations with other
people. It is easier to love "humanity" than to love people. People who consider themselves ethical and yet lack
a caring attitude toward individuals tend to treat others as instruments of their will. They rarely feel an
obligation to be honest, loyal, fair or respectful except insofar as it is prudent for them to do so, a disposition
which itself hints at duplicity and a lack of integrity. A person who really cares feels an emotional response to
both the pain and pleasure of others. Of course, sometimes we must hurt those we truly care for, and some
decisions, while quite ethical, do cause pain. But one should consciously cause no more harm than is reasonably
necessary to perform one‟s duties. The highest form of caring is the honest expression of benevolence, or
altruism. This is not to be confused with strategic charity. Gifts to charities to advance personal interests are a
fraud. That is, they aren‟t gifts at all. They‟re investments or tax write-offs.

 CITIZENSHIP
Citizenship includes civic virtues and duties that prescribe how we ought to behave as part of a community. The
good citizen knows the laws and obeys them, yes, but that‟s not all. She volunteers and stays informed on the
issues of the day, the better to execute her duties and privileges as a member of a self-governing democratic
society. She does more than her "fair" share to make society work, now and for future generations. Such
commitment to the public sphere can have many expressions, such as conserving resources, recycling, using
public transportation and cleaning up litter. The good citizen gives more than she takes.

1.3.3. Components of Ethical Behaviour


Rest‟s Model of Ethical Behavior

How do we make ethical decisions? James Rest, a well-known cognitive-developmental researcher, developed a
model of ethical behavior that is based on the presumption that there are four steps in moral development that
lead to ethical action. Rest asserted that ethical actions are not the outcome of a single, unitary decision process,
but result from a combination of cognitive structures and psychological processes. The four-component model
describes the cognitive processes that individuals use in ethical decision making; that is, it depicts how an
individual first identifies an ethical dilemma and then continues by applying moral judgment, engage moral
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motivation, and act ethically to carry out moral intent with moral action. Each component of the model must be
present before the moral action will be undertaken.

Rest built his four-component model by working backward. He started with the end product to take ethical
action and then determined the steps that produce such behavior.

He concluded that ethical action is the result of four psychological processes:


 Moral sensitivity (recognition)
 Moral judgment (reasoning)
 Moral focus (motivation)
 Moral character (action)

Moral Sensitivity (recognition)


The first step in moral behavior requires that the individual interpret the situation as moral. The simplest way is
to apply The Golden Rule. In other words, whenever your actions affect others, moral issues exist. Absent the
ability to recognize that one‟s actions affect the welfare of others, it would be virtually impossible to make the
most ethical decision when faced with a moral dilemma. A useful perspective is to identify the stakeholders –
internal and external parties – and how they could be affected by your action.

Moral Judgment(reasoning)

An individual‟s ethical cognition of what “ideally” ought to be done to resolve an ethical dilemma is called
prescriptive reasoning. The outcome of ethical reasoning is the ability to make an ethical judgment of the ideal
solution to an ethical dilemma. Once a person is aware of possible lines of action and how people would be
affected by the alternatives, a process aided by the philosophical reasoning methods, a judgment must be made
about which course of action is more morally justifiable (which alternative provides the best outcomes/respects
the rights of others/gives each person what they deserve).

Moral motivation (Focus)

After concluding what course of action is best, decision makers must be focused on taking the moral action and
following through with ethical behavior. Absent ethical intent or the motivation to take the next step, ethical
decision-making is not likely to occur. It is one thing to know what moral reasoning methods direct a person to
do, it‟s quite another to do it. An individual‟s ethical motivation influences his/her intention to comply or not
comply with ethical judgment in the resolution of an ethical dilemma.

Moral character (action).


Individuals do not always behave in accordance with their ethical intention. An individual‟s intention to act
ethically and his/her ethical actions may not be aligned because of pressures or biases that influence decision
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making. Individuals with strong ethical character will be more likely to carry out their ethical intentions with
ethical action than individuals with a weak ethical character because they are better able to withstand pressures
from those within an organization. For example, imagine considering blowing the whistle on your superior who
stole money from the organization. The internal pressure is likely to create significant conflict between what
you know the right thing to do is and actually doing it.

1.3.4. Ethical elements of any decision


Making Ethical Decisions: A 7-Step Path
7 steps that help to make ethical distinctions between competing options when one faced a difficult choice.
Making ethical choices requires the ability to make distinctions between competing options.
Seven steps to help you make better decisions:
1. Stop and think: This provides several benefits. It prevents rash decisions, prepares us for more
thoughtful discernment, and can allow us to mobilize our discipline.
2. Clarify goals: Before you choose, clarify your short-term and long-term aims. Determine which of your
many wants and "don't want" affected by the decision are the most important. The big danger is that
decisions that fulfill immediate wants and needs can prevent the achievement of our more important life
goals.
3. Determine facts: Be sure you have adequate information to support an intelligent choice. To determine
the facts, first resolve what you know, then what you need to know. Be prepared for additional
information and to verify assumptions and other uncertain information. In addition:
Consider the reliability and credibility of the people providing the facts.
Consider the basis of the supposed facts. If the person giving you the information says he or she
personally heard or saw something, evaluate that person in terms of honesty, accuracy, and memory.
4. Develop options: Once you know what you want to achieve and have made your best judgment as to the
relevant facts, make a list of actions you can take to accomplish your goals. If it's an especially
important decision, talk to someone you trust so you can broaden your perspective and think of new
choices. If you can think of only one or two choices, you're probably not thinking hard enough.
5. Consider consequences: Filter your choices to determine if any of your options will violate any core
ethical values, and then eliminate any unethical options. Identify who will be affected by the decision
and how the decision is likely to affect them.
6. Choose: Make a decision. If the choice is not immediately clear, try:
Talking to people whose judgment you respect.
Think of a person of strong character that you know or know of, and ask yourself what they would
do in your situation.
If everyone found out about your decision, would you be proud and comfortable?
Follow the Golden Rule: treat others the way you want to be treated, and keep your promises.
7. Monitor and modify: Ethical decision-makers monitor the effects of their choices. If they are not
producing the intended results, or are causing additional unintended and undesirable results, they re-
assess the situation and make new decisions.

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LU2: APPLY PROFESSIONAL ETHICS

At the end of this unit two, the learner should be able to:

2.1. Explain engineering ethics

2.2. Describe Conflict Resolution Skills

2.3. Illustrate application of the management of the work

LO.2.1: Explain engineering ethics

2.1.1. Key concepts


Engineering ethics
It is the field of applied ethics which examines and sets standards for engineers‟ obligations to the public, their
clients, employers and the profession
Engineering ethics is defined as the rules and standards governing the conduct of engineers in their roles as
professionals.
Engineering ethics is the field of system of moral principles that apply to the practice of engineering. The field
examines and sets the obligations by engineers to society, to their clients, and to the profession. As a scholarly
discipline, it is closely related to subjects such as the philosophy of science, the philosophy of engineering, and
the ethics of technology.
Engineering is a scientific field and job that involves taking our scientific understanding of the natural world
and using it to invent, design, and build things to solve problems and achieve practical goals. This can include
the development of roads, bridges, cars, planes, machines, tools, processes, and computers. The things engineers
build is called technology. Without technology, the modern world simply wouldn't exist. We're surrounded by
the work of engineers practically every moment of our lives. Engineering is a profession requiring a high
standard of scientific education together with specialized training, formation and experience. Therefore,
adhering to an appropriate Code of Ethics is an essential characteristic of the professional practitioner.

2.1.2. General Engineer Responsibilities and Duties


Assist in planning, coordinating and executing engineering projects.
Work with management to develop project budget.
Work in compliance with standard operating procedures and company policies.
Address customer complaints in timely and accurate manner.
Ensure that work area is maintained clean, safe and organized.
Execute daily work load assigned by Project Manager on a timely fashion.
Analyze potential problem and suggest corrective actions.
Manage repair and maintenance requests promptly.
Provide assistance to other Engineers when needed.
Develop preventive maintenance programs and support in energy conservation improvements.
Ensure that engineering equipment and tools are properly cleaned, stored and maintained in good
conditions.
Handle engineering equipment safely and effectively to avoid accidents.

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2.1.3. Code of ethics of engineers
Code of Ethics is a document issued by the top-level management, which consist of a set of principles, designed
to guide the members of the organization to carry out business honestly and with integrity. It describes the core
values of the organization that guides the decision-making. It provides ethical standards which are to be
followed by the members. It sets out general guidelines to assist individuals to apply their judgment, concerning
a suitable behavior in a given situation. Code of ethics helps members in understanding what is right or wrong.
The codes are disclosed publicly and hence addressed to the interested parties to know the way the company
does business. Violation of the code of ethics by any member may result in termination or dismissal from the
organization. It is important for engineering students to study engineering ethics so that they will be prepared to
make (sometimes difficult) ethical decisions during their professional careers.
Engineering is an important and learned profession. As members of this profession, engineers are expected to
exhibit the highest standards of honesty and integrity. Engineering has a direct and vital impact on the quality of
life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness, and
equity, and must be dedicated to the protection of the public health, safety, and welfare. Engineers must perform
under a standard of professional behavior that requires adherence to the highest principles of ethical conduct.

I. Fundamental Canons
1. Engineers, in the fulfillment of their professional duties, shall:
Hold paramount the safety, health, and welfare of the public.
Perform services only in areas of their competence.
Issue public statements only in an objective and truthful manner.
Act for each employer or client as faithful agents or trustees.
Avoid deceptive acts.
Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession.

II. Rules of Practice


2. Engineers shall hold paramount the safety, health, and welfare of the public.
If engineers‟ judgment is overruled under circumstances that endanger life or property, they shall notify
their employer or client and such other authority as may be appropriate.
Engineers shall approve only those engineering documents that are in conformity with applicable standards.
Engineers shall not reveal facts, data, or information without the prior consent of the client or employer
except as authorized or required by law or this Code.
Engineers shall not permit the use of their name or associate in business ventures with any person or firm
that they believe is engaged in fraudulent or dishonest enterprise.
Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.
Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate
professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities
in furnishing such information or assistance as may be required.
3. Engineers shall perform services only in the areas of their competence.
Engineers shall undertake assignments only when qualified by education or experience in the specific
technical fields involved.
Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which
they lack competence, nor to any plan or document not prepared under their direction and control.

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Engineers may accept assignments and assume responsibility for coordination of an entire project and
sign and seal the engineering documents for the entire project, provided that each technical segment is
signed and sealed only by the qualified engineers who prepared the segment.
4. Engineers shall issue public statements only in an objective and truthful manner.
Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall
include all relevant and pertinent information in such reports, statements, or testimony, which should bear
the date indicating when it was current.
Engineers may express publicly technical opinions that are founded upon knowledge of the facts and
competence in the subject matter.
Engineers shall issue no statements, criticisms, or arguments on technical matters that are inspired or paid
for by interested parties, unless they have prefaced their comments by explicitly identifying the interested
parties on whose behalf they are speaking, and by revealing the existence of any interest the engineers may
have in the matters.
5. Engineers shall act for each employer or client as faithful agents or trustees.
Engineers shall disclose all known or potential conflicts of interest that could influence or appear to
influence their judgment or the quality of their services.
Engineers shall not accept compensation, financial or otherwise, from more than one party for services on
the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed
and agreed to by all interested parties.
Engineers shall not solicit or accept financial or other valuable consideration, directly or indirectly, from
outside agents in connection with the work for which they are responsible.
Engineers in public service as members, advisors, or employees of a governmental or quasi-governmental
body or department shall not participate in decisions with respect to services solicited or provided by them
or their organizations in private or public engineering practice.
Engineers shall not solicit or accept a contract from a governmental body on which a principal or officer of
their organization serves as a member.
6. Engineers shall avoid deceptive acts.
Engineers shall not falsify their qualifications or permit misrepresentation of their or their associates‟
qualifications. They shall not misrepresent or exaggerate their responsibility in or for the subject matter of
prior assignments. Brochures or other presentations incident to the solicitation of employment shall not
misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past
accomplishments.
Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to influence
the award of a contract by public authority, or which may be reasonably construed by the public as having
the effect or intent of influencing the awarding of a contract. They shall not offer any gift or other valuable
consideration in order to secure work. They shall not pay a commission, percentage, or brokerage fee in
order to secure work, except to a bona fide employee or bona fide established commercial or marketing
agencies retained by them.

III. Professional Obligations


1. Engineers shall be guided in all their relations by the highest standards of honesty and integrity.
Engineers shall acknowledge their errors and shall not distort or alter the facts.
Engineers shall advise their clients or employers when they believe a project will not be successful.
Engineers shall not accept outside employment to the detriment of their regular work or interest. Before
accepting any outside engineering employment, they will notify their employers.

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Engineers shall not attempt to attract an engineer from another employer by false or misleading pretences.
Engineers shall not promote their own interest at the expense of the dignity and integrity of the profession.
2. Engineers shall at all times strive to serve the public interest.
Engineers are encouraged to participate in civic affairs; career guidance for youths; and work for the
advancement of the safety, health, and well-being of their community.
Engineers shall not complete, sign, or seal plans and/or specifications that are not in conformity with
applicable engineering standards. If the client or employer insists on such unprofessional conduct, they
shall notify the proper authorities and withdraw from further service on the project.
Engineers are encouraged to extend public knowledge and appreciation of engineering and its
achievements.
Engineers are encouraged to adhere to the principles of sustainable development1 in order to protect the
environment for future generations.
3. Engineers shall avoid all conduct or practice that deceives the public.
Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a
material fact.
Consistent with the foregoing, engineers may advertise for recruitment of personnel.
Consistent with the foregoing, engineers may prepare articles for the lay or technical press, but such articles
shall not imply credit to the author for work performed by others.
4. Engineers shall not disclose, without consent, confidential information concerning the business
affairs or technical processes of any present or former client or employer, or public body on which
they serve.
Engineers shall not, without the consent of all interested parties, promote or arrange for new employment or
practice in connection with a specific project for which the engineer has gained particular and specialized
knowledge.
Engineers shall not, without the consent of all interested parties, participate in or represent an adversary
interest in connection with a specific project or proceeding in which the engineer has gained particular
specialized knowledge on behalf of a former client or employer.
5. Engineers shall not be influenced in their professional duties by conflicting interests.
Engineers shall not accept financial or other considerations, including free engineering designs, from
material or equipment suppliers for specifying their product.
Engineers shall not accept commissions or allowances, directly or indirectly, from contractors or other
parties dealing with clients or employers of the engineer in connection with work for which the engineer is
responsible.
6. Engineers shall not attempt to obtain employment or advancement or professional engagements
by untruthfully criticizing other engineers, or by other improper or questionable methods.
Engineers shall not request, propose, or accept a commission on a contingent basis under circumstances in
which their judgment may be compromised.
Engineers in salaried positions shall accept part-time engineering work only to the extent consistent with
policies of the employer and in accordance with ethical considerations.
Engineers shall not, without consent, use equipment, supplies, laboratory, or office facilities of an employer
to carry on outside private practice.
7. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional
reputation, prospects, practice, or employment of other engineers. Engineers who believe others
are guilty of unethical or illegal practice shall present such information to the proper authority for
action.

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Engineers in private practice shall not review the work of another engineer for the same client, except with
the knowledge of such engineer, or unless the connection of such engineer with the work has been
terminated.
Engineers in governmental, industrial, or educational employ are entitled to review and evaluate the work
of other engineers when so required by their employment duties.
Engineers in sales or industrial employ are entitled to make engineering comparisons of represented
products with products of other suppliers.
8. Engineers shall accept personal responsibility for their professional activities, provided, however,
that engineers may seek indemnification for services arising out of their practice for other than
gross negligence, where the engineer‟s interests cannot otherwise be protected.
Engineers shall conform with state registration laws in the practice of engineering.
Engineers shall not use association with a non engineer, a corporation, or partnership as a “cloak” for
unethical acts.

L.O.2.2: Describe Conflict Resolution Skills


2.2.1. Definition
Conflict refers to some form of friction, disagreement, or discord arising within a group when the beliefs or
actions of one of more members of the group are either resisted by or unacceptable to one or more members of
another group. Conflict tends to reduce productivity and create a difficult work environment, leading to
unwanted turnover in staff and reduced morale.

In the workplace, there can be a variety of types of conflict:


Conflict may occur between co-workers, or between supervisors and supervisees, or between service
providers and their clients or customers.
Conflict can also occur between groups, such as management and the labor force, or between whole
departments.

2.2.2. Cause of conflicts at workplace


Conflict in the workplace could be the result of
Poor management Unfair treatment
Unclear job roles Inadequate training
Poor communication Poor work environment
Lack of equal opportunities Bullying and harassment
Significant changes to products, organisational charts, appraisals or pay systems

2.2.3. Conflict Resolution


Conflicts in the workplace can arise when two or more parties have different objectives, opinions or styles.
Conflict resolution is the art of addressing those differences and finding common ground that enables everyone
to work together peacefully. Sometimes, the person who resolves a conflict may be a neutral party or mediator
while at other times, they may be someone involved in the conflict who takes an outside perspective to find a
solution. Conflicts are resolved through communication

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2.2.4. Communication in conflict resolution
Types of Communication
Verbal communication/Oral communication
Oral communication implies communication through mouth. It includes individuals conversing with each other,
be it direct conversation or telephonic conversation. Speeches, presentations, discussions are all forms of oral
communication. Oral communication is generally recommended when the communication matter is of
temporary kind or where a direct interaction is required. Face to face communication (meetings, lectures,
conferences, interviews, etc.) is significant so as to build a rapport and trust.
Advantages of Oral Communication
There is high level of understanding and transparency in oral communication as it is interpersonal.
There is no element of rigidity in oral communication. There is flexibility for allowing changes in the
decisions previously taken.
The feedback is spontaneous in case of oral communication. Thus, decisions can be made quickly
without any delay.
Oral communication is not only time saving, but it also saves upon money and efforts.
Oral communication is best in case of problem resolution. The conflicts, disputes and many
issues/differences can be put to an end by talking them over.
Oral communication is an essential for teamwork and group energy.
Oral communication promotes a receptive and encouraging morale among organizational employees.
Oral communication can be best used to transfer private and confidential information/matter.
Disadvantages/Limitations of Oral Communication
Relying only on oral communication may not be sufficient as business communication is formal and
very organized.
Oral communication is less authentic than written communication as they are informal and not as
organized as written communication.
Oral communication is time-saving as far as daily interactions are concerned, but in case of meetings,
long speeches consume lot of time and are unproductive at times.
Oral communications are not easy to maintain and thus they are unsteady.
There may be misunderstandings as the information is not complete and may lack essentials.
It requires attentiveness and great receptivity on part of the receivers/audience.
Oral communication (such as speeches) is not frequently used as legal records except in investigation
work.

Non verbal communication


Imagine yourself in a situation, where you can„t speak but have to communicate urgent information to the other
person or for that matter, you are sitting in an important meeting and you want to express your displeasure or
pleasure to your colleague without uttering even a word. Here nonverbal mode of communication comes into
picture.
Facial expressions, gestures, hand and hair movements, body postures all constitute nonverbal communication.
Any communication made between two people without words and simply through facial movements, gestures
or hand movements is called as non-verbal communication.
In other words, it is a speechless communication where content is not put into words but simply expressed
through expressions. If one has a headache, one would put his hand on his forehead to communicate his
discomfort - a form of non-verbal communication. Nonverbal communications are vital in offices, meetings and
even in romantic chats.

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Written Communication
Written communication is also quite important when it comes to the workplace. This form of communication
involves either writing or typing out information, facts, figures, and other types of necessary information in
order to express ideas among those in a business. Examples of this type of communication include reports,
evaluations, emails, instant messages, physical and electronic memos, training materials, and other types of
documents that are similar in nature. In the workplace, this is a flexible type of communication as it could be
formal or informal - depending on the message(s) that are being expressed.
Advantages of Written Communication
Written communication helps in laying down apparent principles, policies and rules for running of an
organization.
It is a permanent means of communication. Thus, it is useful where record maintenance is required.
It assists in proper delegation of responsibilities. While in case of oral communication, it is impossible to
fix and delegate responsibilities on the grounds of speech as it can be taken back by the speaker or he
may refuse to acknowledge.
Written communication is more precise and explicit.
Effective written communication develops and enhances an organization„s image.
It provides ready records and references.
Legal defenses can depend upon written communication as it provides valid records.

Disadvantages of Written Communication


Written communication does not save upon the costs. It costs huge in terms of stationery and the
manpower employed in writing/typing and delivering letters.
Also, if the receivers of the written message are separated by distance and if they need to clear their
doubts, the response is not spontaneous.
Written communication is time-consuming as the feedback is not immediate. The encoding and sending
of message takes time.
Non-verbal communication and conflict resolution
When people are in the middle of a conflict, the words they use rarely convey the issues at the heart of the
problem. But by paying close attention to the other person‟s nonverbal signals or “body language,” such as
facial expressions, posture, gestures, and tone of voice, you can better understand what the person is really
saying. This will allow you to respond in a way that builds trust, and gets to the root of the problem.

2.2.5. Managing and Resolving Conflict in a Positive Way


Conflict is a normal part of relationships. After all, two people can‟t be expected to agree on everything at all
times. Since relationship conflicts are inevitable, learning to deal with them in a healthy way is crucial. When
conflict is mismanaged, it can harm the relationship. But when handled in a respectful and positive way, conflict
provides an opportunity for growth, ultimately strengthening the bond between two people. By learning the
skills you need for successful conflict resolution, you can keep your personal and professional relationships
strong and growing.

2.2.6. Conflict resolution skills


Active listening
Active listening is a crucial part of conflict resolution. An employee might be approached by someone about a
way in which their behavior is disruptive, and by actively listening, they can understand the origin of the
complaint and what to do about it.

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Bias for action
Having a bias for action means assertively (confidently) seeking out the next steps rather than waiting for
someone else to do something. In conflict resolution, this could manifest as a co-worker noticing they may have
upset someone else and actively seeking to address that with them as soon as possible. A manager could also
realize there is a conflict taking place and step in to resolve the conflict before too much time has passed.
Perspective taking
Perspective-taking is the ability to understand someone else‟s point of view. You can ask yourself: "What are
their thoughts, triggers and observations?" For example, a client may call customer service because they are
confused about how to use the company‟s product. Even though the customer service agent who receives the
call may understand clearly how to use the product, they can benefit from understanding the client‟s confusion.
In fact, these conversations can help reveal potential improvements to product design or training.
Facilitation
When there is conflict, you can arrange the environment around you to make resolution easier. For example, a
manager who oversees two different groups might bring those groups together in a comfortable conference
room to address points of disagreement on a joint project. Providing time and space for discussion can facilitate
a speedy end to the conflict.
Mediation
Mediation is when a neutral third party is involved in the resolution of a conflict. A mediator can be a trained
professional, someone from an outside group (such as HR), or a person outside the conflict who can provide an
objective perspective. In addition to all the other skills listed here, a successful mediator has the ability to
summarize what they are hearing and observing to demonstrate progress and agreement.
Problem solving
Problem-solving skills help you determine the source of a problem and find an effective solution. During
conflict resolution, a manager might use their problem-solving skills to identify areas of compromise between
two team members who disagree.
Responsibility
The ability to hold people responsible for their actions is important in conflict resolution. For example, when an
agreement is reached, an HR representative may need to check in a few days later to make sure everyone is still
on the same page.

2.2.7. Steps for conflict resolving


The ability to resolve conflict is helpful to any organization. The steps listed below can help you resolve most
conflicts that arise in the workplace:
1. Acknowledge that a problem exists
For the best chance at having a productive conversation, it‟s helpful for all parties to agree there is a problem in
the first place. Begin the conflict resolution by calmly sharing your take on what the conflict is and asking for
the other individual or parties to share their experience. It‟s important to use “I” statements, such as, "I feel like
my ideas are not valued” instead of "You never listen to my ideas.” Avoid blaming the conflict on an individual
and instead create a safe place for everyone to voice their opinion.

2. Agree to find a resolution


Once the problem has been acknowledged, everyone needs to agree that a resolution should be reached. If you
are mediating a situation and one party does not readily agree to find a resolution, you may want to take them
aside separately to understand why and how you can convince them to participate.

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3. Work to understand the perspective of everyone involved
In most workplace conflicts, people are not trying to cause problems. Rather, most conflict commonly arises
because of misunderstandings. Taking the time to listen to and understand the experience of your colleagues can
make it easier to resolve a disagreement. (There are cases when people are actively trying to cause conflict. In
these cases, HR may need to be involved sooner.)
4. Take note of what triggered the conflict
People may be under numerous unknown stressors which led to conflict. Factors such as deadlines, tiredness,
family, health, hunger, burnout and others can all lead to heightened emotions that ignite conflict. Learning the
triggers and stressors of the other involved parties can help you navigate or avoid a potential conflict in the
future.
5. Identify opportunities for compromise
For most conflicts to be resolved, one or more parties must agree to a compromise. Being able to set aside pride
or stubbornness at this stage of the resolution is essential. The resolution will feel best to everyone involved if
all parties are able to compromise in some way. As you arrive closer to a resolution, look for areas where
compromise is possible.
6. Agree on a plan for resolution
Ideally, at this point, each person should know how they contributed to the situation and be processing what
they can do to make it better. Before ending the conversation, aim to create a plan for resolution that involves
steps for each person involved. The resolution plan might include apologies and changes in behavior to prevent
the same conflict from arising again. For example, if an employee feels like their ideas are not being valued by
their manager, the plan for resolution may include the manager setting aside time in 1:1‟s to listen to ideas the
employee has written down throughout the week.
7. Check in to make sure the agreement is lasting
Follow-through is important in conflict resolution. The conversation may have gone well, but it will lose
meaning if the plan for resolution isn‟t being followed. Set expectations by scheduling a check-in point within a
few days or weeks to revisit how everyone is feeling and ensure that everyone is following the agreed-upon
plan.
8. Involve HR or another third party if the conflict continues
However, there may be situations where one or more parties fail to cooperate, or the conflict escalates. In this
situation, it‟s best to involve HR or higher-level leadership.

2.2.8. Successful conflict resolution


It depends on your ability to:
Manage stress while remaining alert and calm. By staying calm, you can accurately read and interpret
verbal and nonverbal communication.
Control your emotions and behavior. When you‟re in control of your emotions, you can communicate
your needs without threatening, frightening, or punishing others.
Pay attention to the feelings being expressed as well as the spoken words of others.
Be aware of and respectful of differences. By avoiding disrespectful words and actions,
Make conflict resolution the priority rather than winning or “being right.”Maintaining and strengthening
the relationship, rather than “winning” the argument, should always be your first priority
Focus on the present Rather than looking to the past and assigning blame, focus on what you can do in
the here-and-now to solve the problem.
Be willing to forgive. Resolving conflict is impossible if you‟re unwilling or unable to forgive others.
To avoid early judgments. Keep asking questions and gathering information

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Do not expect bad outcomes
Don't blame the opposition like saying “It's up to you to solve your problems." Work to find a solution
for everyone.

L.O.2.3. Illustrate application of the management of the work

2.3.1. Definitions

Management

Management is a set of principles relating to the functions of planning, organizing, directing and controlling,
and the application of these principles in harnessing physical, financial, human, and informational resources
efficiently and effectively to achieve organizational goals.
Work management
Work management is a strategy that solves concerns like, “How to increase the success of the projects? How to
improve the processes to better support business goals?”
Work management applies to effectively working with teams to get things done – that includes managing
individuals, workflow, and workload. It is analogous to the use of core principles of project management, with
the difference that work management is done on an individual level while project revolves around teamwork.
2.3.2. Importance of work management
Work management is more important because:
It boosts performance.
It reduces redundancies that are unnecessarily taking up valuable time and money.
It reduces waste
It leads to higher efficiency

2.3.3. The Elements of Work Management


Work management is about taking many of the different parts of managing a project as they relate to the team
and integrating them into a system that boosts productivity. Therefore, work management touches many aspects
of project management.
The elements of work management read like the features of a powerful project management tool. They
incorporate resource management, collaboration, time and task management, budgeting, reporting and more. In
a sense, work management is the hub around which all these spokes turn. If you set it up correctly, you‟ll get
more out of your teams.
2.3.4. Work environment
A work environment is the setting, social features and physical conditions in which you perform your job.
These elements can impact feelings of wellbeing, workplace relationships, collaboration, and efficiency and
employee health. Here are the significant aspects of a work environment:
Physical environment
This element is made up of the size, layout and location of a workplace, whether work is conducted indoors or
outdoors, the facilities offered in a workplace and the furnishings used while working.

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Company culture
This element refers to the way a company and its employees operate, including what effective communication
looks like between different levels of staff, employees‟ perspective of company leaders, the company‟s goals
and what the organization values.
Working conditions
This element includes the formal terms under which staff members are hired, such as the rate of pay, contract of
employment and length of the workday. It can also cover recreational activities and other initiatives to promote
a healthy workplace.
Positive working environment
A positive working environment is a workplace that promotes employee safety, growth and goal attainment.
These environments are most conducive to a successful workforce as they encourage employees to perform to
their highest ability. Companies can achieve a positive working environment by focusing on their overall
culture; supporting employee growth and making employees feel safe and comfortable.
Importance of positive working environment
Positive working environments provide several benefits for both employees and employers. This is because this
type of environment can lead to employee success and happiness both personally and professionally. Here are
four reasons why a positive work atmosphere is important in the workforce:
Increases productivity
Having a positive working environment is a great way to increase your work output. When you're happier, you
may be more productive and more equipped to complete your tasks efficiently. This can also help you become a
better employee, which leads to raises and promotions.
Improves morale
Because your mood and attitude affect your team members, a positive working environment can be a good
influence on those around you. When you view your work in a positive way, it can influence how others in the
workplace see their responsibilities too.
Fosters growth
When you're motivated to succeed in your position, you're more apt to find opportunities to advance in your
career. When your employer provides positive reinforcement, it can make you feel like a valuable contribution
to the company, and it may motivate you to continue or improve upon this behavior.
Promotes collaboration
When you're motivated on an individual level, you're more likely to support and encourage others in your
company. This can also lead to improved professional relationships with your colleagues. The greater the bond
is between coworkers, the better chance a company has of achieving its short- and long-term goals. This is
because teamwork is often the foundation of company success.

Characteristics of a positive working environment


A positive working environment has several noticeable factors. To better understand this atmosphere, it's
important to know its common attributes so you can look for them with your current or future employer. Here
are seven characteristics of a positive working environment:
Productive atmosphere
Open and honest communication
Compassionate team members
Positive reinforcement
Growth opportunities
Positive thinking

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Good work-life balance

Productive atmosphere
A positive working environment has a calm atmosphere that leads to greater productivity. When you're able to
work with minimal distractions, you're more likely to stay on task and accomplish more of your daily
responsibilities. It also means you're able to work in a stress-free setting that promotes your cognitive
performance and physical well-being.

Open and honest communication


Positive working environments often include clear communication between various members of an
organization. This includes communication between employees and upper management, and between coworkers
themselves. When you have the opportunity to ask questions and receive feedback, it can help you feel valued
in the workplace. It also allows you to grow by getting open, constructive feedback.
For example, if you're working on a new project that requires brainstorming, you can get ideas from your
colleagues. Knowing you can ask them questions and receive honest feedback can help you grow your
professional relationships and improve your overall quality of work.

Compassionate team members


A positive working environment encompasses a level of respect, empathy and overall understanding between
colleagues. These sentiments can also foster collaboration and help you feel heard and valued at your
workplace. For example, when a coworker thanks you for assisting them on a project, it lets you know that
you're appreciated and that someone genuinely cares about your contribution to the company.

Positive reinforcement
Positive reinforcement is a way for employers to praise you for your good work. Companies that provide
positive reinforcement can help foster a positive working environment for all. Here are some examples of
positive reinforcement that you can receive from your employer: Example Work bonuses, Catered lunches

Growth opportunities
It's important to have a positive working environment where you're encouraged to grow your individual skills
and strengths. This can help you find contentment in your job. This facet of a positive work environment is
important because it means you're able to advance in your field with the support of your employer, manager and
coworkers. Also, the more motivated you are, the greater the quantity and quality of work you'll produce.

Positive thinking
Looking at work with a positive mindset can help spread a good mood throughout the day. For example, if
you're a team leader and you experience an issue with a client, the way you handle the situation can impact the
attitude of others on your team. If you're able to overcome the obstacle with an optimistic outlook, your team is
more likely to follow your example. Ultimately, a positive outlook can help you and your team focus on the
pros rather than the cons.
Good work-life balance
A positive working environment consists of a healthy balance between your personal and professional life. This
ensures you can continue to find job satisfaction without letting your job overtake other areas of your life.
Ultimately, a positive working environment encourages employees to find fulfillment in both their work and
personal lives.

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Workplace Conduct Rules & Regulations
There is certain workplace conduct rules and regulations that should be followed no matter the political climate
or the area in which the work site is located.

Golden Rule
When employees are considerate of their fellow workers, they rarely conflict with Federal laws or company
policies. The Golden Rule of “do unto others as you would have them do unto you,” can be used as a guide to
acceptable behavior in the workplace. Respect the space of fellow employees and keep personal opinions that
don‟t have anything to do with work to yourself. A working environment built on mutual respect can provide a
pleasant work experience for everyone.

Use of drugs and alcohol


Employees are hired for their skills and talents and their ability to perform their duties competently. Drugs and
alcohol impair an individual‟s abilities. The use of drugs on the job is illegal and written into company manuals.

Employee Theft
Dishonesty on job applications is often discovered, causing embarrassment and termination. Direct stealing of
goods or money from an employer can lead to imprisonment and loss of valuable licenses and certifications.
Wasting time, making personal calls on company time and taking items such as office supplies is illegal and
should be avoided.

Individual Rights
Sexual harassment and religious discrimination are expressly forbidden at workplaces. Creating an environment
that is unsafe, hostile or uncomfortable for an employee, whether it is overt or subtle, is an important regulation
is also an important rule to remember. Sexual harassment includes comments as well as inappropriate pictures
or posters hung in plain view. Employees cannot be ridiculed or discriminated against because of their religious
beliefs either.
Stalking as a behavior is also strictly forbidden. Stalking refers to repeated harassing or threatening behavior by
an individual, such as following a person, appearing at a person‟s home, office, or place of business, making
harassing phone calls, or even leaving unwanted messages (including written or electronic).

Accountability
Accountability is when an individual or department experiences consequences for their performance or actions.
Accountability is essential for an organization and for a society. Without it, it is difficult to get people to assume
ownership of their own actions because they believe they will not face any consequences.
Follow Reporting Structure

One of the most important things to consider at work is the reporting structure; violating the accepted practices
can create ill-will with your supervisors and mark you as unprofessional. When you start a job, ask about the
chain of command and commit it to memory. During the course of your employment, follow the hierarchy when
reporting a problem or bringing up a new idea, starting with your immediate supervisor and moving up.
Establish a paper trail for a record of your good faith efforts.

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Be Respectful
No matter which job you hold in a company, it‟s important to be respectful of clients, vendors and coworkers.
Show respect for religious beliefs, lifestyle choices, and personal property and work styles. Communicate
openly and politely, and avoid getting into emotionally driven confrontations. In any given office or situation,
respectful behavior helps establish a professional reputation.
Leave Personal problems at Home
All employees have their own personal viewpoints and problems. When you arrive at work, leave your issues at
the door so they do not affect your professional life. Avoid discussing in detail sensitive topics like politics,
relationship issues or financial woes.
Minimize Personal Communications
With the quick availability of texting, cell phone calls and social media, it can be tempting to spend a
disproportionate amount of time participating in personal communication during work hours. Limit your use of
these technologies to avoid the perception that you waste company time or do not get enough work done.

Follow Company Policies:


In most businesses, company policies exist for a reason, from safety to legal protection. Get to know your
company policy and make every effort to follow it. If a situation arises that requires you to break policy, speak
to a supervisor and ask for suggestions or alternate paths of action

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LU3: APPLY PROFESSIONAL POLICY, LAWS AND REGULATIONS

At the end of this unit three, the learner should be able to:

3.1 Describe professional legal documents

3.2. Interpret appropriately professional policy and regulations

3.3. Apply professional risk analysis according

LO.3.1: Describe professional legal documents

3.1.1. Law and Policy


Laws and policies are much needed in our society as they help in maintaining law and order in the society and
help in shaping political and social aspects of the society. Though policies and laws can be interrelated, they are
definitely two terms having different purposes. No nation can go forward without having certain laws and
policies.
A policy is that which outlines what a government is going to do and what it can achieve for the society as a
whole. “Policy” also means what a government does not intend to do. It also evolves the principles that are
needed for achieving the goal. Policies are only documents and not law, but these policies can lead to new laws.
Laws are set standards, principles, and procedures that must be followed in society. Law is mainly made for
implementing justice in the society. There are various types of laws framed like criminal laws, civil laws, and
international laws. While a law is framed for bringing justice to the society, a policy is framed for achieving
certain goals.
Laws are for the people, and policies are made in the name of the people. Policies can be called a set of rules
that guide any government or any organization. Laws are administered through the courts. Laws are enforceable
in which the policies comply.
A law is more formal as it is a system of rules and guidelines that are derived for the welfare and equity in
society. A policy is just informal as it is just a statement or a document of what is intended to be done in the
future.
3.1.2. Contract
A contract is a legally binding document between at least two parties that defines and governs the rights and
duties of the parties to an agreement. A contract is legally enforceable because it meets the requirements and
approval of the law.

Classification of contract
Contracts can be classified into five broad divisions namely
The method of formation of a contract
The time of performance of contract
The parties of the contract
The method of formalities of the contract
The method of legality of the contract

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1. The method of formation of a contract
Under the method of formation of a contract may be three kinds
Express contract
Implied contract
Quasi contract

Express contract: Express contract is one which expressed in words spoken or written. When such a contract
is formal, there is no difficulty in understanding the rights and obligations of the parties.
Implied contract: The condition of an implied contract is to be understood form the acts, the contract of the
parties or the course of dealing between them.
Quasi contract: There are certain dealings which are not contracts strictly, though the parties act as if there is a
contract. The contract Act specifies the various situations which come within what is called quasi contract.
2. The time of performance of contract
Under the method of the time of performance of contract may be two kinds
Executed Contract
Executory Contract

Executed Contract: There are contracts where the parties perform their obligations immediately, as soon
as the contract is formed.
Executory Contract: In this contract the obligations of the parties are to be performed at a later time.

3. The parties of the contract


Under the method of the parties of the contract may be two kinds
Bilateral Contract
Unilateral Contract

Bilateral Contract: There must be at last two parties to the contract. Therefore, all contracts are bilateral or
multilateral.
Unilateral Contract: In certain contracts one party has to fulfill his obligations whereas the other party has
already performed his obligations. Such a contract is called unilateral contract.

Figure. Bilateral and Unilateral Contracts

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4. The method of formalities of the contract
Under the method of the method of formalities of the contract may be two kinds
Formal contract
Informal contract

Formal contract: A formal contract is a contract which is formatted by satisfied all the essentials formalities
of a contract.
Informal contract: An informal contract is a contract which is failed to satisfy all or any of the essential‟s
formalities of a contract.

5. The method of legality of the contract


Under the method of the method of legality of the contract may be five kinds
Valid Contract
Void Agreement
Void able Contract
Unenforceable Agreement
Illegal Agreement

Valid Contract: An agreement which satisfied all the essential of a contract and which is enforceable
through the court is called valid contract.
Void Agreement: An agreement which is failed to satisfied all or any of the essential element of a contract
and which is not enforceable by the court is called void agreement. An agreement not enforceable by law is
said to be void. A void agreement has no legal fact. It confers no right on any person and created no
obligation.
Example: An agreement made by a minor.

Void able Contract: An agreement which is enforceable by law at the open of one or more parties of the
contract but not at the open of the other or others is a void able contract.A void able contract is one which
can be avoided and satisfied by some of the parties to it. Until it is avoided, it is a good contract.
Example: contracts brought about by coercion or undue influence or misrepresentation or fraud.

Unenforceable Agreement: An Unenforceable Agreement is one which cannot be enforcing in a court for
its technical and formal defect.
Example: (1) An agreement required by law to register but not resisted. (2) An agreement with not satisfied
stamped.

Illegal Agreement: An illegal agreement is one which is against a law enforcing in Bangladesh.
Example: An agreement to compiled madder.

Essential elements of an employment contract:


Names and address of all parties involved Description of business
Clearly defined job position and role Company specific requirements and/or protections
Length of job and duration of schedule/work hours Pay, compensation, & benefits
Employee classification category Privacy policies
Performance requirements Tasks & duties
Terms of relationship Termination guidelines
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Signatures and dates

3.1.3. Public vs private servants In Rwanda


Public servants are governed by: Law N° 017/2020 of 07/10/2020 Law establishing the general statute
governing public servants Published in Official Gazette n° Special of 08/10/2020

While Private servants are governed by: Law N° 66/2018 of 30/08/2018 Law regulating labor in Rwanda
Published in Official Gazette no. Special of 06/09/2018

An official gazette is the legal newspaper of a country, or of an administrative part of a country, which
publishes the text of new laws, decrees, regulations, treaties, legal notices, and court decisions. The laws
published in official gazettes are primary law in the official source; publication in the gazette, in many cases,
initiates jurisdiction

LO.3.2: Interpret appropriately engineering professional policy and regulations

3.2.1. Definition
An Ethical policy is a document which outlines the ethical principles that govern decisions and behaviour at a
company or organization. It gives general outlines of how employees should behave, as well as specific
guidance for handling issues like harassment, safety, and conflicts of interest.

3.2.2. Contents of ethical policy


A code of ethics and professional conduct consists of four key sections detailed below. You can cover all of
them in a short summary Code of Ethics and Professional Conduct as we have above, or expand on them in
detail so employees are clear on how to handle many common situations.

1. The work environment.


Employees should act with integrity, comply with laws, maintain a professional work environment and comply
with company policies. They should treat customers, colleagues, and partners ethically at all times.
Work Environment ethical policy Topics:
Equal opportunity.
Discrimination and harassment.
Violence policy.
Safety policy.
Privacy policy.
Misconduct explanation and policy.

2. Conflicts of interest.

A company's reputation depends on the actions and integrity of its employees. It is essential that they avoid
relationships and activities that hurt, or appears to hurt, their ability to make objective and fair decisions.
Conflict of Interest ethical policy Topics:
Running personal interest at workplace.
Significant financial interests in other companies.

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3. Protecting company assets.
Employees should always act to protect company assets, including physical, intellectual, and electronic or
digital properties.
Company Assets ethical policy Topics:
Preparing, maintaining, and disclosing accurate records.
Information security.
Use of company property.
Facility security.
Protecting intellectual property.

4. Anti-bribery and corruption.


A company's integrity is essential for maintaining trustworthiness and reputation. Employees should always do
their work fairly, honestly, and legally.
Anti-Bribery & Corruption C ethical policy Topics:
Receiving gifts and entertainment.
Loans, bribes, and kickbacks.
Relationships with former employees.
Obligations of departing and former employees.
Interaction with competitors.
Relationships with affiliates, international entities, and customers.

5. Attendance and punctuality.


Employees are expected to be regular and punctual in attendance. This means being in the office, ready to work,
at starting time each day. Absenteeism and tardiness burden other employees and the company.

6. Absence without notice.


Employees who are unable to work due to illness or an accident should notify their supervisor. This allows the
company to arrange for coverage of their duties and helps others continue to work in their absence. If an
employee does a report for work and the company is not notified of an employee's status for 3 days, it is
typically considered a job abandonment.

7. General harassment and sexual harassment.


The company is committed to providing a work environment free of discrimination and unlawful harassment.
Actions, words, jokes, or comments based on an individual‟s sex, race, ethnicity, age, religion, or any other
legally protected characteristic are not tolerated.

8. Cell phone use at work.


Personal cell phone usage during work hours is discouraged, except in extreme cases such as an emergency.

9. Dress code.
A professional appearance is important when employees work with customers or potential customers.
Employees should be well-groomed and dressed appropriately for the business and for their position.

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10. Substance abuse.
The manufacture, distribution, possession, sale, or purchase of controlled substances of abuse on company
property is prohibited. Being under the influence of illegal drugs, alcohol, or substances of abuse on company
property is prohibited. Working while under the influence of prescription drugs that impair performance is
prohibited.

12. Internet use at work.


Employees may use the Internet when appropriate to access information needed to conduct a business company
business. Use of the Internet must not disrupt or injure the company computer network. Use of the Internet must
not interfere with an employee's productivity.

LO3.3: Apply professional risk analysis

3.3.1. Definitions
Risk
In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the
effects/implications of an activity with respect to something that humans value (such as health, well-being,
wealth, property or the environment), often focusing on negative, undesirable consequences.

Analysis
Safety is a state of being protected from potential harm or something that has been designed to protect and
prevent harm.
Risk Analysis
Risk Analysis is a process that helps you identify and manage potential problems that could undermine key
business initiatives or projects. To carry out a Risk Analysis, you must first identify the possible threats that you
face, and then estimate the likelihood that these threats will materialize.

3.3.2. Failure mode and effects analysis (FMEA)


Failure mode and effects analysis (FMEA; often written with "failure modes" in plural) is the process of
reviewing as many components, assemblies, and subsystems as possible to identify potential failure modes in a
system and their causes and effects. For each component, the failure modes and their resulting effects on the rest
of the system are recorded in a specific FMEA worksheet

Example of FMEA worksheet

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3.3.3. Risk Assessment and Reduction

Definition
Risk assessment is a term used to describe the overall process of Hazard identification, analyse and evaluate
associated risks and determine appropriate ways to eliminate the hazard or control the risk when the hazard
cannot be eliminated.
It is simply a careful examination of what, when using a machine, could cause harm to the user and anyone
affected by the machine, so that you can weigh up whether you have taken enough precautions or should do
more to prevent harm.
Risk Assessment must be undertaken by machinery manufacturers &importers as well as the users.
Accidents and ill health can ruin lives and affect your business too if output is lost, machinery is damaged,
insurance costs increase or you have to go to court. Companies are legally obliged to assess risks so that they
may put in place a plan to control the risks and implement action.
Risk assessment should be considered for all aspects of use, throughout the whole life-cycle of the machine,
from design to disposal. Assessment methods have two basic forms, qualitative and quantitative but
unfortunately they are not always applied appropriately.

Steps to risk assessment


Step 1: Identify hazards, i.e. anything that may cause harm.
Employers have a duty to assess the health and safety risks faced by their workers. Your employer must
systematically check for possible physical, mental, chemical and biological hazards.
This is one common classification of hazards:
Physical: e.g. lifting, awkward postures, slips and trips, noise, dust, machinery, computer equipment,
etc.
Mental: e.g. excess workload, long hours, working with high-need clients, bullying, etc. These are also
called 'psychosocial' hazards, affecting mental health and occurring within working relationships.
Chemical: e.g. asbestos, cleaning fluids, aerosols, etc.
Biological: including tuberculosis, hepatitis and other infectious diseases faced by healthcare workers,
home care staff and other healthcare professionals.

Step 2: Decide who may be harmed, and how.


Identifying who is at risk starts with your organization‟s own full- and part-time employees. Employers must
also assess risks faced by agency and contract staff, visitors, clients and other members of the public on their
premises.
Employers must review work routines in all the different locations and situations where their staff are
employed. For example:
Home cares supervisors must take due account of their client's personal safety in the home, and ensure
safe working and lifting arrangements for their own home care staff.
In a supermarket, hazards are found in the repetitive tasks at the checkout, in lifting loads, and in slips
and trips from spillages and obstacles in the shop and storerooms. Staff face the risk of violence from
customers and intruders, especially in the evenings.
In call centers, workstation equipment (i.e. desk, screen, keyboard and chair) must be adjusted to suit
each employee.
Employers have special duties towards the health and safety of young workers, disabled employees, night
workers, shift workers, and pregnant or breastfeeding women.

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Step 3: Assess the risks and take action.
This means employers must consider how likely it is that each hazard could cause harm. This will determine
whether or not your employer should reduce the level of risk. Even after all precautions have been taken, some
risk usually remains. Employers must decide for each remaining hazard whether the risk remains high, medium
or low.

Step 4: Make a record of the findings.


Employers with five or more staff are required to record in writing the main findings of the risk assessment.
This record should include details of any hazards noted in the risk assessment, and action taken to reduce or
eliminate risk.
This record provides proof that the assessment was carried out, and is used as the basis for a later review of
working practices. The risk assessment is a working document. You should be able to read it. It should not be
locked away in a cupboard.

Step 5: Review the risk assessment.

A risk assessment must be kept under review in order to:


Ensure that agreed safe working practices continue to be applied (e.g. that management's safety
instructions are respected by supervisors and line managers); and
Take account of any new working practices, new machinery or more demanding work targets.

Risk Manager

The foremost task of the Risk Manager is to gather the data and carry out investigations to recognize the risks
that an organization might be exposed to. As a part of the investigation process, the Risk Managers should
analyze key risk indicators (KRI) and conduct what-if-analyses to determine the concerns if the risks identified
in the process are about to occur. A few of the concerns/consequences include threat/leaking organization‟s
confidential information, financial loss, and damage to the organization‟s assets.

Risk Managers are also involved in implementing control systems and action plans for safeguarding the
organization‟s assets and resources. This is done through mitigating risks and potential damage caused.

The steps taken by the Risk Manager in mitigating the risk varies from organization to another. Some of the
measures taken include defining crisis management, designing business continuity plans, introducing operation
protocols, insurance coverage, and updating the procedures correlating to the latest best practices.

3.3.4. Risk Reduction Plan


It is A plan, created as part of a risk management process, wherein steps are determined which will address a
particular program risk so as to reduce either its likelihood of occurrence, or the consequence of its occurrence,
or both, such that there is a reduction in its potential impact to the program

Steps for risk reduction


Step1. Provision of safe design
Step 2. Provision of Safeguarding and complementary protective measures
Step 3. Giving Information for safe use

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Protecting engineers from liability
Liability insurance protects the engineer consequences from wrongdoing. Wrongdoing has to be related to the
engineer‟s profession, including design error, a bad recommendation by a civil or structural engineer, or a
poorly written software program by a software engineer.
An engineer professional liability policy provides coverage for claims up to a specified amount. It covers the
cost to defend engineers in court, attorney fees, legal costs, and a settlement.
So what does a liability policy cover? It covers claims against you by a third party due to wrongful actions or
negligence that caused them harm.

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REFERENCES
1. Charles E. Harris et All (2009) : Engineering ethics concepts and cases fourth edition,
2. R.S. Naagarazan 2006, Professional Ethics and Human Values, NEW AGE INTERNATIONAL
PUBLISHERS, India
3. Gordanadodig-Crnkovic 2004, Professional Ethics in Science and Engineering, DEPARTMENT OF
COMPUTER SCIENCE AND ENGINEERINGMÄLARDALEN UNIVERSITY
4. Vee, C. And Skitmore, R.M. (2003) Professional ethics in the construction industry. Engineering
Construction and Architectural Management 10(2): pp. 117-127. Copyright 2003 Emerald.
5. AAT Code of Professional Ethics – Version 2.0 January 2014
6. Alderson, J. (2003). Police Leadership: A Search for Principles in R. Adlam and P. Villiers (eds) Police
Leadership in the Twenty First Century: Philosophy, Doctrine and Developments Hook, Hampshire,
Waterside Press: 56-67.
7. Bass, B. (1990). Bass and Stodgill‟s Handbook of Leadership: Theory, Research, and Managerial
Applications (3rd ed.). New York: The Free Press.
8. Bowie, N. (2000). A Kantian Theory of Leadership. The Leadership & Organization Development
Journal 21(4):185-193.
9. British Columbia Ministry of Public Safety and Solicitor General Ministry of Attorney General, Ministry of
Children and Family Development. (2010). Violence Against Women in Relationships Policy
2010. Retrieved from: http://endingviolence.org/publications/vawir-policy-2010/
10. Butterfield, R., Edwards, C., and Woodall, J. (2005). The New Public Management and Managerial Roles:
the Case of the Police Sergeant. British Journal of Management 16(4), 329–341.
11. Crawshaw, R., Devlin, B. And Williamson, T. (1998). Human Rights and Policing: Standards for Good
Behaviour and Strategy for Change, The Hague: Kluwer Law International.
12. Davies, A. And Thomas, R. (2003). Talking Cop: Discourses of Change and Policing Identities. Public
Administration 81(4): 681-699.
13. Dobel, P. (2005). Public Management as Ethics in E. Ferlie, L. Lynn and C. Pollitt (eds) The Oxford
Handbook of Public Management, Oxford, Oxford University Press: 156-181.
14. Frisch, C. And Huppenbauer, M. (2014). New Insights into Ethical Leadership: A Qualitative Investigation
of the Experiences of Executive Ethical Leaders. Journal of Business Ethics, 123(1), 23-43.
Doi:10.1007/s10551-013-1797.
15. Fyfe, J. (1996). Structuring Police Discretion in (eds) J. Kleinig handled with Discretion: Ethical Issues in
Police Decision Making Lanham, Maryland, Rowman and Littlefeild Publishers, Inc.: 183-205.
16. Hay, A. And Hodgkinson, M. (2006). Rethinking Leadership: A Way Forward for Teaching
Leadership. Leadership and Organization Development Journal 27(2): 144-158.
17. Davis, Michael. “Thinking Like an Engineer: The Place of a Code of Ethics in the Practice of a Profession,”
Princeton University Press, 1991.

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