Chapter 15. Ethics and Engineering

Chapter 15 Ethics and Engineering 1 The Nature of Ethics   Ethics is generally concerned with rules or guidelines for morals and/or socially approved conduct Ethical standards generally apply to conduct that can or does have a substantial effect on people’s lives 3 Law vs. Ethics  LAW    Creates rules to guide conduct Balances competing values Punishes conduct that is “illegal” through formal structures  ETHICS    Offers guidance on conduct Addresses situations in which competing values clash Incentives and disincentives may be created by “group” (formal or informal) 4 Is “legal” the same as “ethical?”  YES:    Law defines duties, rights, “allowable conduct.” Compliance approach to business ethics: fulfill legally recognized duties, and don’t go further. NO:    Law does not address all ethical dilemmas Legal duties may not meet standard of ethical conduct “Beyond Compliance” approach: fulfill legally recognized duties, but don’t stop there. In case of conflicts, it’s generally held that legal standards must give way to ethical standards 5 Consider This: “You and Al”    You are the manager for Big-Mart, a large discount retailer. You recently fired Al, a sales clerk, after Al punched a customer during a dispute in the store (Al admitted this after the customer complained). Sue, manager of your competitor, Mega-Mart, calls you to tell you that Al has applied for a job at Mega-Mart, and to ask you whether Al is “good with customers.” WHAT DO YOU DO? 6 “An ethical dilemma?”      Choice to be made Implicates competing values, rights, & goals Potential harm to decision maker? Potential harm to others? “Ripple effect:” long-term, far reaching implications of decision to be made. 7 How to Resolve Ethical Dilemmas         Identify relevant facts Identify relevant issue(s) Identify primary stakeholders Identify possible solutions Evaluate each possible solution Compare and assess consequences Decide on solution Take action 8 How to Evaluate Solutions: Some Theories      Stakeholder/utilitarian theory: greatest good to the greatest number Rights Theory: Respecting and protecting individual rights to fair and equal treatment, privacy, freedom to advance, etc. Justice Theory: fair distribution of benefits and burdens: can harm to individual be justifiable? Categorical Imperative: “what if everyone took such action?” “Front Page Test:” What if my decision was reported on the front page of the Los Angeles Times? 9 Legal vs. Ethical: You and Al “Legal” Ethical? Unethical? Illegal “Al admitted to [You contact punching a another store, customer.” X-Mart, to warn about Al] “No comment” “He is great with customers.” 10 NCEES Model Rules of Professional Conduct NCEES is the National Council of Examiners for Engineering and Surveying http://www.ncees.org/ 11 The Preamble  Purpose is to “ … safeguard life, health, and property, to promote the public welfare, and to maintain a high standard of integrity and practice.” 12 Obligation to Society  Broad context of responsibility 1. 2.  “While performing services, the engineer’s foremost responsibility is to the public welfare” “Engineers shall approve only those designs that safeguard the life, health, welfare, and property of the public while conforming to accepted engineering standards” Whistle blowing 3. “If an engineer’s professional judgment is overruled resulting in danger to the life, health, welfare, or property of the public, the engineer shall notify his/her employer or client and any appropriate authority” 13 Obligation to Society  Truth in duties 4. 5.  “Engineers shall be objective and truthful in professional reports, statements, or testimonies and shall provide all pertinent supporting information relating to such items” “Engineers shall not express a professional opinion publicly unless it is based upon knowledge of the facts and a competent evaluation of the subject matter” The Duty of Full Disclosure 6. “Engineers shall not express professional opinion on subject matters for which they are motivated or paid, unless they explicitly identify the parties on whose behalf they are expressing the opinion and reveal the parties’ interest in the matters” 14 Obligation to Society  “Clean Hands” Rule 7.  “Engineers shall not enter business ventures or permit their names or their firm’s names to be used by any persons or firm which is engaging in dishonest, fraudulent, or illegal business practice” Final Obligation to Society 8. “Engineers who have knowledge of possible violation of any of the rules listed in this and the following two parts shall provide pertinent information and assist the state board in reaching final determination of the possible violation” 15 Engineer’s Obligation to Employers and Clients  Professional competence 1. 2. “Engineers shall not undertake technical assignments for which they are not qualified” “Engineers shall approve or seal only those plans or designs that deal with subjects in which they are competent and which have been prepared under their direct control and supervision” 16 Engineer’s Obligation to Employers and Clients  Professional competence 1. 2. “Engineers shall not undertake technical assignments for which they are not qualified” “Engineers shall approve or seal only those plans or designs that deal with subjects in which they are competent and which have been prepared under their direct control and supervision” 17 Engineer’s Obligation to Employers and Clients  The Validity of Approvals “Engineers may coordinate an entire project provided that each design component is signed or sealed by the engineer responsible for that design component” 18 Engineer’s Obligation to Employers and Clients  Confidentiality Requirement “Engineers shall not reveal professional information without the employer’s or client’s prior consent except as authorized or required by law” 19 Engineer’s Obligation to Employers and Clients  1. 2. Conflict of Interest “Engineers shall not solicit or accept direct or indirect considerations, financial or otherwise, from contractors, their agents, or other parties while performing work for employers or clients” “Engineers shall disclose to their employers or clients potential conflicts of interest or any other circumstances that could influence or appear to influence their professional judgment or their service quality” 20 Engineer’s Obligation to Employers and Clients  Full Disclosure “An engineer shall not accept financial or other compensation from more than one party for services rendered on one project unless the details are fully disclosed and agreed by all parties” 21 Engineer’s Obligation to Employers and Clients  Government Conflicts of Interest “To avoid conflicts of interest, engineers shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their firm serves as a member. An engineer who is a principal or employee of a private firm and who serves as a member of a governmental body shall not participate in decisions relating to the professional services solicited or provided by the firm to the governmental body” 22 Engineer’s Obligations to Other Engineers  Obligation to Potential Employers “Engineers shall not misrepresent or permit misrepresentation of their or any of their associate’s academic or professional qualifications. They shall not misrepresent their level of responsibility or the complexity of prior assignments. Pertinent facts relating to employers, employees, associates, joint ventures, or past accomplishments shall not be misrepresented when soliciting employment or business” 23 Engineer’s Obligations to Other Engineers  Conflicts of Interest “Engineers shall not directly or indirectly give, solicit, or receive any gift or commission, or other valuable consideration, in order to obtain work, and shall not make contribution to any political body with intent of influencing the award of contract by governmental body” 24 Engineer’s Obligations to Other Engineers  1. 2. Reputations of Other Engineers “Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputations, prospects, practice or employment of other engineers, nor indiscriminately criticize the work of other engineers” Criticize cautiously and objectively with respect to the person’s professional status 25 Engineering Ethics and Legal Issues  Contract Law Mutual agreement between two or more parties to engage in transaction which provides benefits to each of them 1. Mutual consent 2. Offer and acceptance 3. Consideration 26 Engineering Ethics and Legal Issues  1. 2. 3. Other Contract Issues Legally enforceable agreement requires a definite promise by each party to do something specific Some benefit received that each did not have before Does not have to be in writing to be valid 27 Engineering Ethics and Legal Issues  Breach of Contract An actual violation of the terms in the contract must occur 1. Items not supplied, supplied but of substandard quality, or not supplied until long after a deadline 2. Party required to provide an equivalent value previously offered 3. Inability to fulfill contract is under ethical and legal imperative to do everything possible to provide equivalent value to other party 28 Engineering Ethics and Legal Issues  The Letter vs. Spirit of the Law “Read between the lines” in terms of the intent of those documents as understood by those who formulated them” 29 ASME Code of Ethics of Engineers – Fundamental Principles Engineers uphold and advance the integrity, honor, and dignity of the Engineering profession by:    using their knowledge and skill for the enhancement of human welfare; being honest and impartial, and serving with fidelity the public, their employers and clients, striving to increase the competence and prestige of the engineering profession. 30 ASME Code of Ethics of Engineers – Fundamental Canons (1)    Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties. Engineers shall perform services only in the areas of their competence. Engineers shall continue their professional development throughout their careers and shall provide opportunities for the professional development of those engineers under their supervision. 31 ASME Code of Ethics of Engineers – Fundamental Canons (2)     Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest. Engineers shall build their professional reputations on the merit of their services and shall not compete unfairly with others. Engineers shall associate only with reputable persons or organizations. Engineers shall issue public statements only in an objective and truthful manner. 32