3. Ethics Codes Are Dynamic
• Reevaluated when ethical dilemmas arise
• Must be applicable
• Change over the years:
Early Years
• Advertising
• Competitive bidding
• Self promotion
Today
• Signing and sealing work
• Whistleblowing
• Conflict of interests
Obligation to protect PUBLIC HEALTH AND SAFETY
11. We Can Ask Ourselves…
• Long Term Impact?
• Right Thing to do?
• Reflection of My Company’s
Values?
12. For Advice:
Arthur Schwartz, Legal Counsel
National Society of Professional Engineers
aschwatrz@nspe.org
Review Cases:
• www.nspe.org - National Society of Professional
Engineers
• www.niee.org - National Institute of Engineering Ethics
13. Sample Case – BER Case 11-8
• Tom works for Company X which is owned by Steve.
• Company X is experiencing financial problems and Steve recently
created another company, Company Y.
• Tom learned that Steve advised clients of Company X to remit
payments for work performed by Company X to new Company Y.
What are Tom’s ethical obligations?
14. BER Discussion Case 11-8
• NSPE Code of Ethics References:
• Section I.6.
• Section II.1.d.
• Section III.7.
• If Tom is not convinced that Steve is operating his business in an
ethical and legal, he should resign and bring his concerns to the
state licensing board.
15. BER Case 13-1
Page 9
• Question: Was it ethical for Engineer A to submit a proposal to
serve as the owner’s representative for the utility on the project?
• NSPE Code of Ethics References:
Section II.3.a. Section II.4.d. Section III.4.a.
Section II.4.a. Section II.4.e.
• Conclusion: Not ethical
16. • Question: Was it ethical for Engineer A to refuse to return copies of the
work to Firm X?
• NSPE Code of Ethics References:
Section III.8. Section III.9.a. Section III.9.d.
Section III.9. Section III.9.b.
• Conclusion: Not ethical – Engineer A and Firm X should first discuss
and negotiate the terms and conditions of his departure, including the
disposition of work prepared by Engineer A during his employment with
Firm X. While it is true that Engineer A has legitimate interests in the
work he signed and sealed, Firm X also has proprietary and other rights
and interests that should be respected by Engineer A.
BER Case 13-10
Page 13
17. • Question: Would it be ethical for Engineer A to accept the engineering
position with Engineering Firm M?
• NSPE Code of Ethics References:
Section III.4. Section III.4.a. Section III.4.b.
• Conclusion: Ethical, provided that Engineer A does not perform any
services in connection with the current litigation between Client T and
Client U. Prior to accepting employment with Firm M, Engineer A has
an ethical obligation to advise Firm M regarding his obligation to
maintain the confidential information of Engineer A’s former clients,
Attorney X and Client T.
BER Case 13-12
Page 14
18. • Question: Was it ethical for Engineer A to fail to disclose to all
parties involved that Subcontractor L owed Engineer A $25,000 in
professional fees?
• NSPE Code of Ethics References:
Section II.4. Section III.4.
Section II.4.a. Section III.5.
• Conclusion: Not ethical
BER Case 13-5
Page 11
19. • Questions:
• Was it unethical for Engineer A to fail to include all of the
members of the research team in the abstract?
• Was it ethical for Engineer A to propose to present at the
technical society conference?
BER Case 13-6
Page 12
20. • NSPE Code of Ethics References:
Section II.3. Section III.6. Section III.9.a.
Section II.3.a. Section III.9.
• Conclusions:
• Not ethical (unethical)
• Not ethical – Engineer A first should consult with Engineer B.
BER Case 13-6
Page 12
21. BER Case 13-3
Page 10
• Question: Would it be ethical for Engineer A to sign off on the change
order?
• NSPE Code of Ethics References:
Section II.3. Section II.5.
Section II.4. Section III.1.
• Conclusion: Not ethical – If Engineer A is pressured by Supervisor B to
relent and approve the proposed change order, Engineer A would have
an obligation to bring this matter up to appropriate authorities within
the State X Department of Transportation or such other authorities as
appropriate.
Moral set of principles or values
Governing principles
Guiding philosophy
Concepts change over the years (technology)
Codes must be applicable to the engineers profession and daily life
As ethical dilemmas arise, codes are reevaluated
Codes, however, are not complete, above criticism or there are no questions as to how the codes apply to a particular situation. They are merely starting point for discussion of most issues in engineering ethics.
We are going to discuss what the codes say about a topic and when appropriate suggest where the codes may be inconsistent, unclear or in a need of modification
In the early years there was an emphasis on advertising and competitive bidding, self-promotion, collective bargaining, and supplanting. But as a result of changes in the law, especially antitrust laws and commercial-free speech laws, the emphasis shifted to professional competence issues, such as the signing and sealing of work, whistleblowing, conflicts of interest, and the engineer's obligation to protect the public health and safety.
Promote health, safety, and welfare of public
Perform services only where competent
Objective and truthful in public statements
Act as faithful agents
Avoid deceptive acts
Enhance reputation of profession
The Golden Rule: would you want to be treated in this manner?
Would this person be giving you the same thing if there were no special gain that you might be able to supply for their efforts?
Would a news headline covering the considered action look bad or be embarrassing?
What’s the long term impact of my decision?
Is this the right thing to do?
Would this decision be a good reflection of my company’s values?
There are many resources available to you for questions about ethical situations. Have you had to go further than your boss to gain clarity on ethical situations you have encountered?
Engineer A (Tom) works for Company X which is owned by Engineer B (Steve). Company X is currently experiencing financial problems and Engineer B recently created another company, Company Y. Engineer A has learned that Engineer B recently advised clients of Company X to remit payments for work performed by Company X and its employees to Company Y.
Conclusion:
Engineer A (Tom) is concerned about the possible unethical action by Engineer B (Steve) and Engineer A’s association with that action. Engineer A has an ethical obligation to
attempt to determine if there is a basis for his concern by seeking clarification of Engineer B’s intentions. If Engineer A is not convinced that Engineer B is operating his
business in an ethical and legal manner, he should disassociate himself from Company X, i.e., resign, in order to remove his name from possible unethical and illegal actions by
Engineer B. Further, he may consider bringing his concerns to the state licensing board.
References:
Section I.6. - NSPE Code of Ethics: Engineers, in the fulfillment of their professional duties, shall conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance
the honor, reputation, and usefulness of the profession
Section II.1.d. - NSPE Code of Ethics: Engineers shall not permit the use of their name or associate in business ventures with any person or firm that they believe is engaged in fraudulent
or dishonest enterprise.
Section III.7. - NSPE Code of Ethics: Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of
other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for
action.