Professional Documents
Culture Documents
Ethics
Ethics
Ethics
*handout*
Decartes’ Conclusions
• To escape the cave, one needs to go
through a process to learn:
– Reason – realize lack of information
– Arithmetic – train for the abstract
– Geometry – universals
– Astronomy – understand abstract forms
– Harmonics – Abstract thoughts
– Dialectic – liberation from the shadows
Therefore Decartes believed
that we can find absolute
certain knowledge through
this process
So What do we Think?
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•
•
So What do we Think?
• In summary, it would appear that ALL of
the ethical through processes proffered
up have benefits and limitations – in
some cases very significant limitations,
that make all the tenets of any one
system insufficient to meet out needs
• So…
Let’s Think of Goals of an
Ethical System
• Obey Laws of the land
• Follow customs and ideals
• Follow good examples
• Strive for the welfare of society
• Follow reason and logic
• Listen to conscience
• Try for happiness in all this
So Which of these Ethical
systems are useful to
Engineers despite potential
problems?
What Do We Need?
• Objective and measurable standards of
activity
• Consistency in those standards
Assumptions
• Man & Universe exist and will continue to do so
• Do not sacrifice the present completely for the future
• We all have a purpose we must fulfill
• One purpose is to improve all of mankind
• No man can no all
• Life, property & freedom are inalienable rights (from the
Druids)
• Seek to use he least amount of material, energy, etc to
fulfill the purpose
• Most problems must be solve in the framework of the
existing social order
Suggestions…
• Utilitarianism – we can measure the
benefits and impacts, or predict many of
them
• Universal Law (Kant) – should everyone
act in this manner?
• Tie to Canons of Engineering p 62-70.
775.082
775.083
How About another series
of Questions about
actions…..
How About….
• Using a seal that says “registered” vs.
“professional” engineer?
• Not conveying information of violations
to the Board or FEMC?
• Advertising services fraudulently?
• Violating CH 455 FS
• Using your license for services even if it
is revoked or suspended?
And How About….
• Sealing work you did not do?
• Sealing work not done under your
responsible supervision, direction or
control?
• Having your license revoked in another
state?
• Filing a false report required by law?
• Pleading guilty to a crime involving the
practice of engineering
The answer to all of these
questions is…..
NO!!!
These actions constitute
grounds for disciplinary action
by the Board of Professional
Engineers
And there are many options that
can be used….
Disciplinary Actions
• Denial of License Application
• Suspension of License
• Revocation of License
• Reprimand
• Probation for a period of time
• Restriction of practice area
• Fines up to $1000 for each count
($5000 for building code violations)
Then There is…
• Negligence
• Incompetence
• Misconduct
What about….
• Negligence?
• Negligence is defined as the failure to
exercise due care in the performance of
the work…..OR
• Something which an ordinarily prudent
person would foresee as a risk of harm
to others if not corrected
Negligence can constitute
grounds for disciplinary
action by the Board of
Professional Engineers, but
not criminal prosecution
What about…
• Incompetence?
• Incompetence is defined as a
lack of ability to perform a
function OR
• A lack of qualification to perform
a function
Incompetence can
constitute grounds for
disciplinary action by the
Board of Professional
Engineers, but not criminal
prosecution
What about …
• Misconduct?
• Defined as a transgression of
some established rule of action
where no discretion is left
• What this is is any violation of
CH 471, or any other statutes,
rule, ordinance, etc….
Misconduct can constitute
grounds for disciplinary
action by the Board of
Professional Engineers,
including criminal
prosecution
Moral:
• Exercise due care when designing,
inspecting or preparing engineering
documents and providing counsel
• Do not practice outside the areas of
your true expertise even if you are
asked to (or learn more)
• Follow the rules!!
So Let’s Look at a Series of
Examples…..
(Note, unless otherwise noted,
these are real cases…)
Example 1
• Robert H has a PE license in Florida
and Montana. He is having his license
acted upon by the licensing agency in
the State of Montana. What potential
issues does Robert have with his
Florida License? What could happen?
What Did Happen
• Fined him $1000, payable within 30
days, suspended license until fine is
paid if beyond 30 days, for having
action on license in another state
Example 2
• John P is a civil engineer by training.
Another engineer brought to the Board’s
attention that John had signed, dated
and sealed plans for an electrical
system at a facility. What potential
issues does John have with his Florida
License? What could happen?
What Did Happen
• Fined $3000 – violation of prohibition against
negligence, incompetence and misconduct
• Required to take course on professionalism
and ethics
• Could not practice electrical engineering until
he passed electrical engineering exam
• Plans had to be reviewed by a registered
electrical engineer chosen from two or more
names John submitted to the Board
Example 3
• Bill M is a civil engineer by training and
mostly does subdivision work. He filed
several documents to be recorded in the
Public Records. The Clerk of Courts
notified the Board that Bill had not
properly signed, sealed and dated the
documents… What potential issues
does Bill have with his Florida License?
What could happen?
What Did Happen
• Fined him $1000, payable within 30
days, suspended license until fine is
paid if beyond 30 days for failure to
properly sign, seal and date public
records
• Required to take course on
professionalism and ethics
Example 4
• Collins is a civil engineer by training.
His client asked him to prepare a
treatment facility “just like the guy down
the road.” Collins obtained the plans,
copied them and signed, sealed and
dated them. What potential issues does
Collins have with his Florida License?
What could happen?
What Did Happen
• License placed on probation for a year.
• Terms of probation were determined
later upon appearance before the Board
by Collins at a later date (where he was
fined and had to take a course on
professionalism and ethics)
Example 5
• Richard has a degree in civil
engineering, and a license. His
company is XYZ Engineering under
which he and his partners offer
engineering services. Richard is the
only PE. What potential issues does
Richard have with his Florida License?
What could happen?
Resolution
• Fined $1000. The corporate
requirements indicate that where a
corporation offers engineering services,
the corporation must obtain a certificate
of authorization.
Now Perhaps some more
complicated Examples…
(based on truth, but may be
embellished…)
Example 6
• Joe is a professional engineer in Florida. He designs
a complicated pipeline system and determines that
lined ductile iron pipe is the only appropriate material
to use to protect the health and welfare of the public.
His extensive analysis determines that PVC, HDPE
and pre-stressed concrete (PSC) are not appropriate
for the conditions. Joe’s boss is a PE, but loves the
guy who sells PSC pipe and changes the spec to
PSC to help him out. What potential issues do Joe or
his boss have with their Florida Licenses? What
could happen?
Likely Result
• Joe:
– Joe must report the change to his
employer and the responsible public
authority, a difficult position for Joe
• Joe’s boss
– Fined (negligence, maybe misconduct)
– Required to take course on
professionalism and ethics
– Possible probation or license suspension
Example 7
• Pam and Ted work in the same firm and were
once really close, maybe even dated. However,
both now feel the other has used them to
enhance their own careers. Both hold degrees
in civil engineering, Ted in environmental and
Pam in structural. Pam sees that Ted has
signed, sealed and dated some plans for a small
treatment project that include some structural
column work for a building. Pam files a complaint
as a registered engineer that Ted is working
outside his area of expertise. Are there likely
consequences to either party for this incident?
Likely Result
• Ted:
– Pretty irritated, at having to defend himself,
but unless the structural work was a major
component of the project and was a
complicated exercise, likely nothing
(preferably he had someone under him
either do the work or check it.
• Pam
– Fined (false testimony)
– Required to take course on
professionalism and ethics
Example 8…
• Steve is the VP of a multi-state engineering firm. He
has BS in Civil engineering with 20 years experience
(much of it in project management and client
relations). He is one of two people with a Florida PE
license in the firm. The firm designs a major WWTP
expansion in Florida. His firm divides the work into
five areas in the regional office he supervises:
structural, electrical, process, mechanical and
architectural. The structural design chief is not
licensed, nor is the electrical section chief. When the
project is to be bid and permitted, Steve signs all the
plans.
What Problems do you see…
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•
•
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•
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What Problems do you see…
For starters….
• Steve is sealing work that is not within his
expertise (electrical for sure and likely
structural – incompetence, negligence)
• Steve is sealing work that is done by people
not under his direct supervision, although
they are under the umbrella of his control
• Do we really think Steve reviewed the plans?
(Misconduct)
• Unlicensed people did much of the work
(misconduct)
What if a major structural
component fails…. Then
what….
???????
Class So who needs 6 -
Civil/Env/Arch Engineering
Services?
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So who needs Civil/Env/Arch
Engineering Services?
• State Governments
• Local Governments (Cities, Counties &
special districts/authorities)
• Utilities
• Schools
• Developers
Many of your clients will be
Governments if you are in the
private sector
How should services be
acquired?
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•
Selection Criteria Stated
in FL Law
• Ability of Professional Personnel
• Past Performance
• Location
• Willingness to meet time and budget
requirements
• Recent/current/projected workloads
• Use of minorities
• Other published and reasonable criteria
Acquiring Services - Public
• CCNA applies to public agency solicitations for
engineering services or design-build services
• Applied via total compensation to be earned
• Requires public announcement
• Requires firms be certified as competent prior to
submittal
• Requires administrative procedures be created
by the entity
• Requires selection based on QUALFICATIONS!!
Selection
• Advertise
• Defendable/useful/published criteria
• Equitable distribution of work is an intent of
the law so if two firms are equally qualified,
the firm with the least work is the one who is
awarded the work
• Negotiation with highest ranked firm
• Move to second firm only if negotiations with
top ranked firm have ended (can’t go back)
Competitive Negotiation
• The entity negotiates a contract with the most
qualified firm for compensation that is fair,
competitive and reasonable. A detailed
analysis of the cost of the services is required
, considering the scope and complexity of the
work.
• For large projects, a Truth-in-Negotiation
certificate to indicate that wage rates and unit
costs are accurate is REQUIRED!!
Contingent Fees
• ARE PROHIBITED!!
• What are they? They are “finders’s fees” or fees
paid to persons who are not bona fide employees of
the firm for soliciting and/or helping to secure work,
said fee paid contingent upon award of the contract.
• The term “fee” include gifts, commissions or other
considerations. Can be construed to be gifts to
elected officials or promises to help campaigns if
awarded a contract
• This happens and is a criminal action which must
be reported.
NSPE Ethics
• NSPE publishes and updates a Code of
Ethics for Engineers which covers many
areas
• Maintains a list of opinions about ethics
violations
• Maintains a list of cases brought against
engineers by NSPE, many of these are
incorporated into State and local
regulations
NSPE Ethics Fundamentals
• Safety, health and welfare of public is
paramount
• Provide service only in your area of
competence
• Be objective and truthful
• Avoid deceptive acts
• Act as faithful agent for client
• Always act honorably, responsibly, lawfully
and ethically to enhance the profession
Specific Issues
• Notify the client or other authority when judgment is
over-ruled
• Approve plans and specs when prepared by you or
under your supervision and in conformity with
applicable standards
• Sign and seal only those areas you are competent
to seal, have appropriate others sign and seal the
other parts
• Maintain client confidence
• Report violations of the Code and cooperate with
information during investigations
Specific Issues
• Express opinions based on the facts, in an objective
manner
• Avoid statements or criticisms paid for by interested
parties unless identifying the party you are speaking
for (just like lawyers)
• Disclose all potential conflicts of interest to clients
• Do not accept compensation from more than one
party for the same work
• Provide no gifts or contribution that may be
reasonably construed as trying to influence award of
projects
Specific Issues
• No contingent fees
• Take responsibility for errors
• Do not alter or distort facts
• Advise clients when projects are less
than successful
• Maintain the public interest,first, not
your own
• Improve public perception of engineers
Specific Issues
• Review the plans of another engineer
only when the other engineer is advised
you are doing so
• Public sector engineers are entitled to
review work of other engineers
Homework
• Download the test from the Florida
Licensing Board. Answer and justify
your responses (40 multiple guess)