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Professional Ethics in Civil Engineering

CEN – 403

Md. Abdul Aziz


Lecturer
Dept. of CEN, PCIU
What is Professional Ethics?
• Moral philosophy.

• Recommends concepts of right and wrong


behavior for professionals practicing within a
profession.
General subject areas of ethics
• Metaethics – concerned with origin of ethical
principles within the society.

• Applied ethics – deals with debatable,


controversial issues like animal rights, death
penalty, environmental concerns etc.
• Normative ethics – concerned with practical issues
standards society sets to regulate right or wrong
behavior.

- international conflict can arise when normative


ethics differs between two countries. Examples –
Appropriate age to marry, how males treat
females in a particular society.

- Our focus would be on normative ethics where


practicing professionals set standards to regulate
right and wrong conduct.
So, why is professional ethics is important ?

• Illinois Institute of Technology—Center for the


Study of Ethics in the Professions

- The adoption of a code is significant for the


professionalization of an occupational group, because it is
one of the external hallmarks testifying to the claim that the
group recognizes an obligation to society that transcends
mere economic self-interest.
• Michael Davis notes –

The code is to protect each professional from certain


pressures (for example, the pressure to cut corners
to save money) by making it reasonably likely . . . that
most other members of the profession will not take
advantage of one’s good conduct. A code protects
members of a profession from certain consequences
of competition. A code is a solution to a coordination
problem.
• Davis gives four reasons why professionals should support
their professions code –

1. Supporting it will help protect them and those they care


about from being injured by what other engineers do.

2. It would be easier to resist pressure for carrying out


unethical conduct.

3. Helps make their profession a practice for which they


need not be embarrassed.

4. Obligation of fairness to do his part, in generating these


benefits for all engineers.
• To better grasp the concept of engineering
ethics, we can take a look at existing code of
ethics as accepted and followed by some
renowned organizations including –

1. The American Society of Civil Engineers (ASCE).


2. The National Society of Professional Engineers. ( NSPE).
3. The American Council of Engineering Companies.
(ACEC).
4. The international Federation of Consulting Engineers
(FIDIC).
Some definitions
• Principles – fundamental and comprehensive
doctrine regarding behavior and conduct.

• Canons – Broad principles of conduct.

• Standards – more specific goals towards which


individuals should aspire in professional performance
and behavior.

• Rules of conduct – mandatory rules. Violation of one


is sufficient for disciplinary action. Rules can
implement more than one Canon or standard.
ASCE Code of ethics
• Fundamental Principles
To uphold and advance the integrity, honor
and dignity of the engineering profession by –

I. using their knowledge and skill for the enhancement of


human welfare and the environment
II. being honest and impartial and serving the public, their
(engineer’s) employers and clients with loyalty.
III. striving to increase the competence and prestige of the
engineering profession
IV. supporting the professional and technical societies of their
disciplines.
I. Fundamental Canons
To fulfill their professional duties, Engineers must:
• Engineers shall hold paramount the safety, health
and welfare of the public and shall strive to comply
with the principles of sustainable development in the
performance of their professional duties.

• Engineers shall perform services only in areas of


their competence.

• Engineers shall act in professional matters for each


employer or client as faithful agents or trustees, and
shall avoid conflicts of interest.
I. Fundamental Canons
• Engineers shall build their professional reputation on the
merit of their services and shall not compete unfairly with
others.

• Engineers shall act in such a manner as to uphold and


enhance the honor, integrity, and dignity of the
engineering profession and shall act with zero-tolerance
for bribery, fraud, and corruption.

• Engineers shall continue their professional development


throughout their careers, and shall provide opportunities
for the professional development of those engineers under
their supervision.
Guidelines to follow under Canons
Canon 1: Safety, health and welfare of the public and compliance
with the principles of sustainable development –

a. Engineers shall approve or seal only those design


documents, reviewed or prepared by them, which are
determined to be safe for public health and welfare in
conformity with accepted engineering standards.

b. Engineers whose professional judgment is overruled


under circumstances where the safety, health and
welfare of the public are endangered, or the principles of
sustainable development ignored, shall inform their
clients or employers of the possible consequences.
Guidelines to follow under Canons
c. Engineers who have knowledge or reason to believe
that another person or firm may be in violation of any
of the provisions of Canon 1 shall present such
information to the proper authority in writing and shall
cooperate with the proper authority in furnishing such
further information or assistance as may be required.

d. Engineers should seek opportunities to be of


constructive service in civic affairs and work for the
advancement of the safety, health and well-being of
their communities, and the protection of the
environment through the practice of sustainable
development.
Guidelines to follow under Canons

e.Engineers should be committed to improving


the environment by adherence to the
principles of sustainable development so as to
enhance the quality of life of the general
public.
Guidelines to follow under Canons
Canon 2: Engineers shall perform services only in areas of
their competence –

a. Engineers shall undertake to perform engineering


assignments only when qualified by education or
experience in the technical field of engineering involved.

b. Engineers may accept an assignment requiring education


or experience outside of their own fields of competence,
provided their services are restricted to those phases of
the project in which they are qualified. All other phases
of such project shall be performed by qualified
associates, consultants, or employees.
Guidelines to follow under Canons

c. Engineers shall not affix their signatures or


seals to any engineering plan or document
dealing with subject matter in which they lack
competence by virtue of education or
experience or to any such plan or document
not reviewed or prepared under their
supervisory control.
Guidelines to follow under Canons
• Canon 3: Engineers shall issue public statements only
in an objective and truthful manner –
a. Engineers should endeavor to extend the public
knowledge of engineering and sustainable
development, and shall not participate in the
dissemination of untrue, unfair or exaggerated
statements regarding engineering.

b. 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.
Guidelines to follow under Canons
c. Engineers, when serving as expert witnesses, shall express
an engineering opinion only when it is founded upon
adequate knowledge of the facts, upon a background of
technical competence, and upon honest conviction.

d. Engineers shall issue no statements, criticisms, or


arguments on engineering matters which are inspired or
paid for by interested parties, unless they indicate on
whose behalf the statements are made.

e. Engineers shall be dignified and modest in explaining their


work and merit, and will avoid any act tending to promote
their own interests at the expense of the integrity, honor
Guidelines to follow under Canons
• Canon 4: Engineers shall act in professional matters for
each employer or client as faithful agents or trustees, and
shall avoid conflicts of interest –
a. Engineers shall avoid all known or potential conflicts of
interest with their employers or clients and shall promptly
inform their employers or clients of any business
association, interests, or circumstances which could
influence their judgment or the quality of their services.

b. Engineers shall not accept compensation 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 to and agreed to, by all interested
parties.
Guidelines to follow under Canons
c. Engineers shall not solicit or accept gratuities, directly or
indirectly, from contractors, their agents, or other parties
dealing with their clients or employers in connection with
work for which they are responsible.

d. Engineers in public service as members, advisors, or


employees of a governmental body or department shall
not participate in considerations or actions with respect to
services solicited or provided by them or their
organization in private or public engineering practice.

e. Engineers shall advise their employers or clients when, as


a result of their studies, they believe a project will not be
successful.
Guidelines to follow under Canons
f. Engineers shall not use confidential
information coming to them in the course of
their assignments as a means of making
personal profit if such action is adverse to the
interests of their clients, employers or the
public.

g. Engineers shall not accept professional


employment outside of their regular work or
interest without the knowledge of their
employers.
Guidelines to follow under Canons
Canon 5: Engineers shall build their professional
reputation on the merit of their services and shall not
compete unfairly with others –
a. Engineers shall not give, solicit or receive either directly
or indirectly, any political contribution, gratuity, or
unlawful consideration in order to secure work, exclusive
of securing salaried positions through employment
agencies.

b. Engineers should negotiate contracts for professional


services fairly and on the basis of demonstrated
competence and qualifications for the type of
professional service required.
Guidelines to follow under Canons
c. Engineers may request, propose or accept professional
commissions on a contingent basis only under circumstances
in which their professional judgments would not be
compromised.

d. Engineers shall not falsify or permit misrepresentation of


their academic or professional qualifications or experience.

e. Engineers shall give proper credit for engineering work to


those to whom credit is due, and shall recognize the
proprietary interests of others. Whenever possible, they
shall name the person or persons who may be responsible
for designs, inventions, writings or other accomplishments.
Guidelines to follow under Canons
f. Engineers may advertise professional services in a way
that does not contain misleading language or is in any
other manner derogatory to the dignity of the profession.

g. Engineers shall not maliciously or falsely, directly or


indirectly, injure the professional reputation, prospects,
practice or employment of another engineer or
indiscriminately criticize another’s work.

h. Engineers shall not use equipment, supplies, laboratory


or office facilities of their employers to carry on outside
private practice without the consent of their employers.
Guidelines to follow under Canons
Canon 6:Engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and dignity
of the engineering profession and shall act with zero-
tolerance for bribery, fraud, and corruption –
a. Engineers shall not knowingly engage in business or
professional practices of a fraudulent, dishonest or
unethical nature.

b. Engineers shall be scrupulously honest in their


control and spending of money, and promote
effective use of resources through open, honest and
impartial service with fidelity to the public,
employers, associates and clients.
Guidelines to follow under Canons
c. Engineers shall act with zero-tolerance for
bribery, fraud, and corruption in all
engineering or construction activities in
which they are engaged.

d. Engineers should be especially vigilant to


maintain appropriate ethical behavior where
payments of gratuities or bribes are
institutionalized practices.
Guidelines to follow under Canons
e. Engineers should strive for transparency in
the procurement and execution of projects.
Transparency includes disclosure of names,
addresses, purposes, and fees or
commissions paid for all agents facilitating
projects.

f. Engineers should encourage the use of


certifications specifying zero-tolerance for
bribery, fraud, and corruption in all contracts.
Guidelines to follow under Canons
• Canon 7: Engineers shall continue their professional
development throughout their careers, and shall
provide opportunities for the professional development
of those engineers under their supervision –
• Engineers should keep current in their specialty fields by
engaging in professional practice, participating in
continuing education courses, reading in the technical
literature, and attending professional meetings and
seminars.

• Engineers should encourage their engineering employees


to become registered at the earliest possible date.
Guidelines to follow under Canons
• Engineers should encourage engineering
employees to attend and present papers at
professional and technical society meetings.

• Engineers shall uphold the principle of


mutually satisfying relationships between
employers and employees with respect to
terms of employment including professional
grade descriptions, salary ranges, and fringe
benefits.
Policy statement
• A policy statement is an organization-level
document that prescribes acceptable methods
or behaviors.
IMPORTANT AND RELEVANT POLICY
STATEMENTS BY ASCE
Several of ASCE’s relevant ‘‘policy statements’’ of
which engineers should be aware –

a. Continued education requirements for annual ‘‘ethics


training,’’ as stated in Policy Statement 376

b. Engineer’s judgment and adherence to the ASCE


Code of Ethics, as stated in Resolution 502

c. Use of the term ‘‘engineer’’ as stated in Policy 433


ASCE Policy Statement 376—Continuing
Education in Ethics Training

• The American Society of Civil Engineers (ASCE)


encourages all state boards of engineering
licensure to institute a minimum professional
development requirement consisting of at
least one (1) hour per year on professional
ethics for professional licensure.
Issue (necessity) for
policy statement 376

• Professional ethics is the cornerstone of


engineering practice. Adherence to a Code of
Ethics encourages engineers to practice in areas in
which they are competent and that ‘they will hold
the safety, health and welfare of the public as their
highest duty. The majority of complaints referred
to state-boards of licensure for investigation and
possible penalty action involve ethics and, often, a
lack of understanding of the Fundamental Canons
of Professional Conduct.
ASCE resolution 502 – Professional Ethics
and conflicts of interest
Policy
As per ASCE –
• The engineer’s judgment and adherence to the ASCE Code
of Ethics must be above reproach and beyond the influence
of competing interests. Even the appearance of a conflict of
interest is to be avoided.

• The ability to exercise the independent judgment required


of engineers to protect the public health, safety, welfare
and environment should not be compromised in any way by
the rules of any organization to which the engineer belongs.
Policy (Continued)

• Laws, regulations, conditions of employment and


collective bargaining agreements must permit
engineers to maintain their independence and avoid
potential conflicts of interest to protect the public
health, safety, welfare, and environment.

• Engineers should not be subject to disciplinary or


demeaning actions for holding the public interest
above all others.
Resolution 502 - Issue
• Engineering is a learned profession that has a direct impact
on the environment and the safety, health and welfare of the
public. Accordingly, the services provided require high
standards of honesty, integrity and fairness.
• ASCE’s Code of Ethics recognizes the unique employment
aspects of the engineer, regardless of the employer, public or
private. Employment conditions for engineers must support
their duty to hold paramount the health, safety, welfare and
environment of the public in their engagements. To fulfill
their duty, engineers must apply responsibly their
independent judgment in design and construction matters.
This duty to the public supersedes any actual or perceived
obligations engineers have to the owners of their projects,
their employers, or any organizations to which they belong.
Rationale
• Engineers must adhere to ASCE’s Code of Ethics and operate under the
jurisdiction of state licensure laws and are subject to discipline for
violation of these laws. Engineers are also subject to discipline from the
professional societies of the engineering profession for violation of the
public trust. These laws and standards include the responsibility for
properly preparing design documents or performing field observation
and testing to document construction.
• An engineer relies on a variety of resources, including non-professional
personnel, in rendering professional engineering services. An engineer
must oversee the performance of those resources for public health,
safety, welfare and the environment.
• Since ASCE is composed of individual members, the Society is concerned
about matters that affect its members and will voice its concerns relative
to the employment conditions of its professional members while
simultaneously striving to protect the health, safety, welfare and the
environment of the public it serves.
ASCE Policy Statement 433—Use of the
Term ‘‘Engineer’’
Policy
The American Society of Civil Engineers (ASCE)
believes that the following standards are the only
basis on which any title or designation should
include the term ‘‘engineer.’’ –
• Graduation from an accredited engineering
program with a degree in engineering

• Registration as a professional engineer or engineer-


in-training under a state engineering registration
law; or,
433—Use of the Term ‘‘Engineer’’
• An official ruling designating an individual or a group
in an engineering capacity as meeting the definition
of ‘‘Professional Engineer’’ (P.E.) under the Taft-
Hartley Act or the Fair Labor Standards Act.

However, regarding cases where the word


“engineering” is used as a modifier, and the term
clearly implies that the duty of the person is not of a
professional engineer, the term “engineering may be
used. For example, “engineering assitant”,
“engineering aide”, “engineering technologist”.
Issue
• Improper use of the term ‘‘engineer’’ is
confusing and misleading to the public.
Employers and employees sometimes misuse
the term in titles and resumes. This misuse of
the title by groups and people who are usually
knowledgeable tends to diminish the value of
the title which should be applied to people
qualified professionally by accepted standards
of education, law and engineering practice.
Citations Issued to Board Licensees
• Citations are issued to licensed engineers and
land surveyors when the severity of a violation
may not warrant suspension or revocation of the
licensee’s right to practice. When a fine is levied
with a citation, payment of the fine represents
satisfactory resolution of the matter. Summaries
of the citations, including each licensee’s name
and license number, remain on the website for
five years after the citation is final, unless further
action is taken against the licensee. All citations
issued by the Board are matters of public record.
Further reading from book
• Code of ethics –
a. The National Society of Professional Engineers (NSPE)
b. The American Council of Engineering Companies (ACEC)
c. The International Federation of Consulting Engineers (FIDIC)

• Rationale for the policy statements of ASCE covered in class


• Case studies

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