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Engineering Ethics
Ethics Forum: Spring Series 2013 Introducing Ethics Forum Team: Part 2 – Mark H. Dubbin, P.E., NSPE Conversation About Professional – Robert C. Gibson, P.E., F.NSPE Practice Issues – Monte L. Phillips, Ph.D., P.E., F.NSPE – Michael L. Shirley, P. E., F. NSPE April 17, 2013 – Samuel G. Sudler III, P.E., NSPE Arthur E. Schwartz, CAE Deputy Executive Director & General Counsel – Mumtaz A. Usmen, Ph.D., P.E., F.NSPE National Society of Professional Engineers Alexandria, Virginia – Curtis A. Beck, P.E., F.NSPE, Chair [email protected] – William J. Lhota, P.E., NSPE, Former BER Chair
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Engineering Ethics Engineering Ethics
Black and White Areas – Easy Why Study Engineering Ethics? – Right vs. Wrong – To Understand the Standards Governing What is Gray Areas – Tougher Acceptable Behavior in the Practice of Engineering – Right vs. Right Why Practice Engineering Ethically? – Lesser of the Evils/Dilemma – PlIj/PtDPersonal Injury/Property Damage Other Factors – Disciplinary Action – Time/Money – Impact on Reputation, Employer, Clients, – Family Profession – Career – Possible Loss of Job, Business, etc. – Reputation
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“All products of technology present some potential dangers, and thus engineering is an inherently risky activity…Engineering should be Professional Codes of Ethics viewed as an experimental process. It is not, of – A code of professional ethics results when a field course, an experiment conducted solely in a organizes itself into a profession. The resulting laboratory under controlled conditions. Rather, code is central to advising those professionals it is an experiment on a social scale involving how to conduct themselves, to judge their human subjects” conduct and to understand the profession. – Martin and Schinziger, Ethics in Engineering
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Engineering Ethics Engineering Ethics
Seven Principles Impacting Each Three Basic Ethical Obligations – (1) Obligation Public, (2) Employer/Client and (3) Other 1. Protecting The Public Health, Safety and Welfare Professionals... 2. Demonstrating Professional Competence – Never Mutually Exclusive - Reciprocal 3. Maintaining Objectivity/Truthfulness – Not A “Zero Sum Game” 4. Addressing Conflict of Interest – All Need To Be Considered At All Times 5. Preserving Confidentiality – Should Be Complementary And Integrated With 6. Receiving and Providing Valuable Consideration One Another To The Fullest Extent Possible 7. Emerging Areas/Emerging Challenges – Ethical Integration = Professional Integrity
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Engineering Ethics Engineering Ethics
NSPE Deputy Executive Director and General Counsel Arthur Schwartz and a panel of engineering Academic Integrity –Obligation of ethics experts will discuss academic integrity, Engineering Faculty Who Becomes Aware recommending termination of employment, duty to of Cheating adidvise cli litent of a sub poena and confli flitcts of fit interest . Polling questions and opportunity for Q&A will allow opportunities for audience interaction Case No. 12-1
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Engineering Ethics Engineering Ethics
Facts: Facts:
Engineer A, a licensed professional However, following an accreditation meeting, engineer, is a full-time engineering faculty Engineer A is told by one of Engineer A’s students, member at a large university. Student X, that during a recent written engineering examination, in another class taught by faculty Engineer A is currently involved in a series member Engineer B, Student X observed Student Y of accreditation visits being conducted by an using a phone to photograph a test question with the academic accreditation group and not readily apparent purpose of sending the photograph to a available to students and faculty. second student—seeking the second student’s assistance on the test question.
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Engineering Ethics Engineering Ethics
Facts: Question:
Student X advised Engineer A that after she immediately reported the incident to What are Engineer A’s ethical obligations Engineer B, Engineer B spoke to Student Y, under the circumstances? but there did not appear to be any further consequences resulting from Student Y’s actions.
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Engineering Ethics Engineering Ethics
Section I.4. - NSPE Code of Ethics: Section I.5. - NSPE Code of Ethics:
Engineers, in the fulfillment of their Engineers, in the fulfillment of their professional duties, shall avoid deceptive professional duties, shall act for each acts. employer or client as faithful agents or trustees.
pg. 15 pg. 16
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Section II.1.f. - NSPE Code of Ethics:
Section I.6. - NSPE Code of Ethics: Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate Engineers, in the fulfillment of their professional bodies and, when relevant , also to professional duties, shall conduct themselves public authorities, and cooperate with the proper honorably, responsibly, ethically, and authorities in furnishing such information or lawfully so as to enhance the honor, assistance as may be required. reputation, and usefulness of the profession.
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Engineering Ethics Engineering Ethics
Section III.7. - NSPE Code of Ethics:
Section III.1. - NSPE Code of Ethics: Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of Engineers shall be guided in all their relations by the highest standards of honesty and integrity. other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action.
pg. 19 pg. 20
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Conclusion: The impact of technology in the academic
Engineer A has an ethical obligation to environment has improved ethical behavior approach Engineer B to verify the allegations among engineering students in recent years: brought by Student X and whether 1. Agree
appropriate actions were taken by Engineer B 2. Disagree and, if no action was taken, follow the 3. Not Sure University’s due process regarding such matters.
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Engineering Ethics Engineering Ethics
Facts:
Engineer A works for R&D International, a large multinational company.
Employment—Recommending Termination Engineer A is the only PE in his division and leads a team of of Emppyloyment technical personnel, including unlicensed engineers on various projects. Case No. 12-2 One of the team members, Engineer B, an unlicensed engineer, has a history of poor performance, including a number of safety related violations within the workplace.
A series of human resources performance improvement counseling sessions were held with Engineer B in an effort to improve Engineer B’s performance.
pg. 23 pg. 24
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Facts: Questions
When the personnel file memos indicate no improvement in Engineer B’s performance, What are Engineer A’s obligations under the Engineer A contacts the company’s HR department director and recommends that , since safety circumstances? violations are involved, Engineer B should be immediately terminated.
After considering the recommendation, the HR Director decided that it would not be appropriate to terminate Engineer B at this time.
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Engineering Ethics Engineering Ethics
Section II.1. - NSPE Code of Ethics: Section II.1.a. - NSPE Code of Ethics:
Engineers shall hold paramount the safety, If engineers’ judgment is overruled under health,,ffp and welfare of the public. circumstances that endanggfer life or p ppy,roperty, they shall notify their employer or client and such other authority as may be appropriate.
pg. 27 pg. 28
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Section II.4. - NSPE Code of Ethics: Section III.1.b. - NSPE Code of Ethics:
Engineers shall act for each employer or client Engineers shall advise their clients or as fffgaithful agents or trustees. emppyloyers when they believe a p pjroject will not be successful.
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Engineering Ethics Engineering Ethics
Section III.7. - NSPE Code of Ethics: Conclusion:
Since observable issues of safety are involved, Engineer A has an obligation to make his Engineers shall not attempt to injure, maliciously or professional opinion and recommendation known to falsely, directly or indirectly, the professional higher management. The Board also felt that , while reputation, prospects, practice, or employment of Engineer B is still in the employ of R&D other engineers. Engineers who believe others are International, Engineer A should do all in his power guilty of unethical or illegal practice shall present to eliminate the safety-related issues. such information to the proper authority for action.
pg. 31 pg. 32
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In my workplace, there is a clear line of demarcation between what is a personnel Confidentiality—Duty to Advise Client of management issues and what is a Subpoena professional ethics. Agree Case No. 12-3 Disagree
Not Sure
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Engineering Ethics Engineering Ethics
Facts: Questions:
Engineer A works for Client X.
Engineer A completes the work for Client X and several months later, Engineer A is contacted by, and thereafter subpoenaed by, a federal 1. Does Engineer A have an ethical obligation to grand jury regarding a criminal investigation of Client X and Client X’s participate in the investigation? project funding by a federal agency.
Engineer A provided copies of his written contracts with Client X as well as other documents, and cooperates fully with the investigation in 2. Does Engineer A have an ethical obligation to connection with Engineer A’s work for Client X. advise his former client regarding Engineer A's Following the submission of the contracts and documents, Engineer A is not called to testify before the grand jury and receives no other submission of documents filed with the grand jury? information or instructions from the federal grand jury.
pg. 35 pg. 36
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Section II.1.c. - NSPE Code of Ethics: Section II.3.a. - NSPE Code of Ethics:
Engineers shall not reveal facts, data, or Engineers shall be objective and truthful in inffpformation without the prior consent of the ppfrofessional rep orts, statements, or client or employer except as authorized or testimony. They shall include all relevant and required by law or this Code. pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current.
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Engineering Ethics Engineering Ethics
Section II.4. – NSPE Code of Ethics: Section II.4.a. - NSPE Code of Ethics:
Engineers shall act for each employer or Engineers shall disclose all known or potential client as fffgaithful agents or trustees. conffflicts of interest that could inf luence or appear to influence their judgment or the quality of their services.
pg. 39 pg. 40
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Engineering Ethics Engineering Ethics
Section III.3.a. - NSPE Code of Ethics: Conclusion:
1. Engineer A has an ethical obligation to participate Engineers shall avoid the use of statements in the investigation. containinggpf a material misrepresentation of fact or omitting a material fact. 2. Engineer A does not have an ethical obligation to advise Client X regarding Engineer A's submission of documents filed with the grand jury.
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Engineering Ethics Engineering Ethics
An Engineer’s duty of confidentiality may sometimes require an engineer to refuse to Conflict of Interest—Consultant to disclose information during a civil or Redevelopment Authority criminal proceeding Agree Case No. 12-5 Disagree
Not Sure
pg. 43 pg. 44
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Facts: Questions:
Engineer A is a principal in the LMN Engineering firm. The firm is currently being retained by the County Redevelopment Authority to provide surveying services for a redevelopment area. 1. Can Engineer A and LMN Engineering Develco, a local developer, now wishes to hire LMN Engineering to ppprepare a site p lan for a ppproposed redevelop ment p pjroject within the concurrently serve as Develco’s engineer redevelopment area. and also the County Redevelopment As part of the proposal process, Develco will have to appear before the Redevelopment Authority to present the site plan prepared by LMN Authority’s surveyor? Engineering.
Under the proposed scenario, Engineer A and LMN Engineering would \ concurrently serve as Develco’s engineer and also the County Redevelopment Authority’s surveyor.
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Engineering Ethics Engineering Ethics
Section II.4. - NSPE Code of Ethics: Section II.4.a. - NSPE Code of Ethics:
Engineers shall act for each employer or client Engineers shall disclose all known or potential as fffgaithful agents or trustees. conflicts of interest that could influence or appear to influence their judgment or the quality of their services.
pg. 47 pg. 48
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Section II.4.b. - NSPE Code of Ethics: Section II.4.d. - NSPE Code of Ethics:
Engineers shall not accept compensation, Engineers in public service as members, ff,financial or otherwise, from more than one advisors,,pyfg or employees of a governmental or party for services on the same project, or for quasi-governmental body or department shall services pertaining to the same project, not participate in decisions with respect to unless the circumstances are fully disclosed services solicited or provided by them or and agreed to by all interested parties. their organizations in private or public engineering practice.
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Engineering Ethics Engineering Ethics
Conclusions: While disclosure is one method of addressing It would be ethical for Engineer A and LMN Engineering to a conflict of interest, the best way to address concurrently serve as Develco’s engineer and also the a conflict of interest is to avoid the County Redevelopment Authority’s surveyor. However, it circumstances that raise the the conflict of would be necessary, under the express language of the NSPE Code of Ethics, for Engineer A to fully disclose the proposed interest relationship between LMN Engineering and Develco to the Agree County Redevelopment Authority. It is up to the Authority to determine whether or not Engineer A could proceed with Disagree Develco’s project. Not sure
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“The social responsibility of business is to
Discussion increase profit within the bounds of the law which is to say, engage in open and free competition, without deception or fraud…” Questions and Answers – Milton Friedman, Nobel Prize Winning Economist
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Engineering Ethics Engineering Ethics
“Ethics is knowing the difference between
what you have a right to do and what is “The reputation of a thousand years may be right to do…” determined by the conduct of one hour”
- Potter Stewart, Former Justice, US Supreme Court – Japanese proverb
pg. 55 pg. 56
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Engineering Ethics To Receive Credit
Each participant should use this link http://www.nspe.org/quiz/EF2S13.aspx to Questions & Answers take the quiz. Once you have passed with 70% or better, you will be given a link to dlddownload your certifi cate. (Please note that you need the latest version of Adobe Reader to have the certificate display properly.) Arthur E. Schwartz, CAE Deputy Executive Director & General Counsel National Society of Professional Engineers Alexandria, Virginia [email protected]
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