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