Engineering Ethics - Concrete Pipe · 2016-03-01 · ENGINEERING ETHICS (3). • Introduction to...

transcript

Engineering Ethics

American Concrete Pipe Association Steve Hiner, P.E. – Rinker Materials

February 25, 2016

“Safety”

No Job Is To Important

Not To Be Done Safely

Safety Is No Accident

Safety Is A Team Effort

Be Smart-Think Safe The Safe Way Is The Right Way

The Safe Way Is The Best Way Work Place Safety – It’s No Accident

RCP – Pretty Strong Stuff

Flight From Houston to Las Vegas (9/20/12)

Agenda

• Understanding Ethics And How It Applies

To Engineering

• State P.E. Ethics Requirements

• Rules & Regulations Regarding Ethics

• Case Studies & Sanctions

www.pdhengineer.com

State PDH Requirements

• 9 States Do Not Require PDH Credits

• AZ, CA, CO, CT, HI, MA, RI, VT, WA +

State Ethics Requirements

• 12 States Require An Ethics PDH Credit

• LA, MS, NM, NY, TX, WI, MD, DE, NJ,

MN, FL, IN

• DE: 3-6 PDH’s in Ethics every 2 years

• NM: 4 PDH’s in Ethics every 2 years

• AK, TN, KY, AL, NH, … Courses to be

technical, ethical or managerial in nature

PDH/CEU

• What is a PDH (Professional Development Hour)?

• 1 hour of instruction (50 minutes minimum

w/breaks)

• What is a CEU (Continuing Education Unit)?

• 10 hours of instruction

• According to Slang.org

• PDH = Pretty Darn Hot

What Counts As A PDH?

• It varies but….

• 1 college semester hour: 15

• 1 college quarter hour: 10

• 1 hour of preparation work: 1

• Self study: 5 max.

• Educational Outreach Activities: 3 max.

• For each patent issued: 15

• Serving as an elected or appointed official

Engineers & Public Opinion

Honesty & Ethics

Gallup Polls

• 1983 & 1991 only 45% rated Engineers

Very High/High

Engineers & Public Opinion

Honesty & Ethics Gallup Poll 2012

%Very High/High

• Nurses 85%

• Pharmacists 75%

• Doctors 70%

• Engineers 70%

• Bottom of the list: Lawyers 19%, HMO

Managers 12%, Members of Congress 10%,

Car Sales 8%

Ethics - Business

• The study of proper business policies and

practices regarding potentially controversial

issues, such as corporate governance,

insider trading, bribery, discrimination,

corporate social responsibility and fiduciary

responsibilities. Business ethics are often

guided by law, while other times provide a

basic framework that businesses may

choose to follow in order to gain public

acceptance.

Ethics - Legal

• A code of ethics is a set of principles of

conduct within an organization that guide

decision making and behavior. The purpose

of the code is to provide members and other

interested persons with guidelines for

making ethical choices in the conduct of

their work

Ethics - Engineering

• The study of moral issues and decisions

confronting individuals and organizations

involved in engineering and the study of

related questions about moral conduct,

character, ideals and relationships of people

and organizations involved in technological

development

Ethics & Engineering Education

• For Engineering Schools to maintain their

accreditation, engineering graduates must

demonstrate “ethical awareness”

• Varied approaches:

– Mandatory ethics classes

– Electives

– Include ethics discussions in standard courses

• Ethics concept receives broad degrees of

acceptance.

• Some think ethics courses are not entirely

appropriate to a technical degree.

• Some say: “I thought I was studying

technology and not the people issues.”

• Texas A&M (mandatory course)

• University of Virginia (mandatory course)

• Texas Tech (mandatory course)

• University of California – Berkeley

(mandatory course)

• Oregon State University (mandatory course)

– Masters Degree in Applied Ethics

Oregon State Univ.

• CBEE 320. PROFESSIONALISM AND

ENGINEERING ETHICS (3).

• Introduction to engineering ethics. Topics

include ethical theory, professional

engineering responsibility, codes of ethics,

ethical assessment, conflicts of interest, risk

and safety, loyalty and dissent, as well as

overarching professional concerns.

• Virginia Military Institute (VMI)

• Virginia Polytechnic Institute (VPI)

• University of Texas

• Wichita State

• Ohio State University

• University of South Carolina

• University of San Diego

• Purdue

Texas A&M

At Texas A&M University, evidence of this interest in

professional ethics culminated in the creation of a new course

in engineering ethics, as well as a National Science Foundation

project to develop material for introducing ethical issues into

required undergraduate engineering courses.

Engineering Academic Honesty

College’s statement

Academic Honesty: The College of Engineering takes academic honesty and ethical behavior very seriously. Engineers are entrusted with the safety, health and well being of the public. Students found guilty of academic dishonesty will be punished to the full extent permitted by the rules and regulations of U. T. Arlington.

This is from the COE section of the Undergraduate Catalog. For a more detailed description of each violation reference the Student Code of Conduct Section 2-202 F

Virginia Military Institute

Code of Ethics

• Statement of Ethical Values

– Members of the VMI community are

committed to the highest ethical standards in

furtherance of our mission. Our policies and

procedures provide guidance for application of

the ethical values stated below in our daily life

and work as members of this community

(General Order Number 46 – 9/20/13)

Virginia Military Institute

Code of Ethics • Committed to:

– Honor

– Integrity

– Accountability

– Respect

Ethics: You Be The Judge

Obligation of Engineering Faculty (P.E.) Who

Becomes Aware of Cheating

• Prof. A (P.E.) is told by one of his student’s

that during an exam in Prof. B’s (P.E.)

class, he witnessed a student using a phone

to photograph a test question. The student

reported this to Prof. B. Prof. B spoke to the

student but no action appeared to be taken.

• What is Prof. A’s ethical obligation?

Obligation of Engineering Faculty Who

Becomes Aware of Cheating

• Pro. A has an ethical obligation to approach

Prof. B to verify the allegations whether

appropriate actions were taken. If not,

follow the University’s due process

regarding such matters.

That Being Said, This Has

Nothing To Do With Ethics

• Texas Tech – Red Raiders

• UT – Longhorns

– Arlington

• Mavericks

– Brownsville

• Ocelots

– El Paso

• Miners

– Rio Grande Valley

• Vaqueros

– San Antonio

• Roadrunners

– Tyler

• Patriots

• Wichita State

– Shockers

• UVA

– Cavaliers

• Purdue

– Boilermakers

• University of San Diego

– Tritons

• What would happen if USC played OSU?

National Society of Professional

Engineers (NSPE)

National Society of Professional

Engineers (NSPE) • 1946 – Released Canons of Ethics for

Engineers & Rules of Professional Conduct

• Code of Ethics Adopted 1964

• Also have:

• Engineering Ethics (Definition)

• Engineer’s Creed

• Board of Ethical Review (BER)

Board of Ethical Review (BER)

• Created 1954

• Consists of 7 Licensed Members

• Appointed by NSPE President

Ethics - Engineering

Engineering ethics is (1) the study of moral issues

and decisions confronting individuals and

organizations involved in engineering and (2) the

study of related questions about moral conduct,

character, ideals and relationships of peoples and

organizations involved in technological development (Martin & Schinzinger (Ethics in Engineering)

NSPE Code of Ethics

for Engineers

• Preamble

• Fundamental Canons

• Rules of Practice

• Professional Obligations

NSPE Code of Ethics - Preamble

• Engineering is an important and learned profession,

engineers are expected to exhibit the highest standards of

honesty and integrity. Engineering has a direct and vital

impact on the quality of life for all people. Accordingly,

the services provided by engineers require honesty,

impartiality, fairness, and equity, and must be dedicated

to the protection of the public health, safety, and welfare.

Engineers must perform under a standard of professional

behavior that requires adherence to the highest principles

of ethical conduct.

NSPE Code of Ethics

Fundamental Canons

• Engineers, in the fulfillment of their professional

duties, shall: 1. Hold paramount the safety, health, and welfare of the public.

2. Perform services only in areas of their competence.

3. Issue public statements only in an objective and truthful manner.

4. Act for each employer or client as faithful agents or trustees.

5. Avoid deceptive acts.

6. Conduct themselves honorable, responsibly, ethically, and lawfully so

as to enhance the honor, reputation, and usefulness of the profession.

NSPE Code of Ethics

Rules of Practice

• Expansion of the first 4 Fundamental

Canons

Do You Understand NSPE

Engineering Ethics?

• If Engineers’ judgment is overruled under

circumstances that endanger life or property,

they shall notify their employers or clients and

such other authority as may be appropriate.

• True

• II.1.a

Do You Understand NSPE

Engineering Ethics?

• Engineers may not be required to follow the

provisions of state or federal law when such

actions could endanger or compromise their

employer or their client’s interests.

• False

• I.6 Engineers shall conduct themselves

honorably, responsibly, ethically, and

lawfully.

American Society of Civil Engineers

ASCE - Code of Ethics

• Fundamental Principles

– Engineers uphold and advance the integrity, honor

and dignity of the engineering profession by:

• Using their knowledge and skill to the enhancement of

human welfare and the environment

• 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.

• Supporting the professional and technical societies of

their diciplines

– Safety, health and welfare. Sustainable

development

– Areas of competence

– Statements shall be objective & truthful

– Act as faithful agents & avoid conflicts of interest

– Reputation built on merit of services and shall not

compete unfairly

– Uphold & enhance the honor, integrity & dignity of

the profession. Zero tolerance for bribery, fraud &

corruption

– Continue professional development and provide

opportunities for development of those under their

supervision

THE STATE OF TEXAS

TEXAS ENGINEERING PRACTICE ACT

AND RULES CONCERNING

THE PRACTICE OF ENGINEERING

PROFESSIONAL ENGINEERING LICENSURE

TEXAS BOARD OF PROFESSIONAL ENGINEERS

1917 IH 35 SOUTH

AUSTIN, TX 78741-3702

Email: peboard@tbpe.state.tx.us

Website: http://www.tbpe.state.tx.us

Rules effective June 13, 2013

Annoted Code of Maryland

Business Occupations and Professions

Title 14 Professional Engineers

Title 9 Department of Labor, Licensing, and

Regulation

Subtitle 23 Board for Professional Engineers

Department of

Labor, Licensing and Regulation

Title 46

Professional & Occupational Standards

Part LXI Professional Engineers & Land Surveyors

Title 37

Professions & Occupations

Chapter 8 Professional Engineering & Professional

Land Surveying

LAPELS Board Ethics Test

• If a client asks you to complete another

Licensee’s work, it is acceptable to:

1. Cut & paste the necessary information onto a new

document, sign & seal it, and issue it to your client.

2. Require the client to pay you in full prior to

completing the work.

3. Notify the other licensee in writing immediately

upon agreeing to complete the work.

4. Warn other licensees to avoid doing work for that

client

TBPE Ethics Test (25 Questions)

• Direct Supervision & Sealing of

Engineering Work

• Licensure

• Competitive Bidding, Political

Contributions, & Marketing

• Practice in Accordance with Accepted

Engineering Practices & Standards

TBPE Ethics Test

• Conflict of Interest

• Practicing Without a License

• Moral Courage

Ethical Behavior/Professionalism

• Most TBPE enforcement is related to ethics

rather than technical incompetence

LAPELS Seal & Signature

Signature and date place adjacent to or across the seal

• Title block, certification, seal, and signature

shall appear close together

• Professional Certification: “I hereby certify

that these documents were prepared or

approved by me and that I am a duly

licensed professional engineer under the

laws of the State of Maryland, License No.,

Expiration Date:”

One Texas P.E.:

• The seal appearing on this document was

authorized by (name & P.E. No.) on (date).

Alteration of a sealed document without

proper notification to the responsible

engineer is an offense under the Texas

Engineering Practice Act. (Lists office &

cell numbers & e-mail address)

THE STATE OF TEXAS

TEXAS ENGINEERING PRACTICE ACT

AND RULES CONCERNING

THE PRACTICE OF ENGINEERING

PROFESSIONAL ENGINEERING LICENSURE

TEXAS BOARD OF PROFESSIONAL ENGINEERS

1917 IH 35 SOUTH

AUSTIN, TX 78741-3702

Email: peboard@tbpe.state.tx.us

Website: http://www.tbpe.state.tx.us

Rules effective June 13, 2013

Subchapter C:

Professional Conduct & Ethics

• 137.55 Engineers Shall Protect the Public

• 137.57 Engineers Shall be Objective and Truthful

• 137.59 Engineers Actions Shall be Competent

• 137.61 Engineers Shall Maintain Confidentiality

of Clients

• 137.61 Engineers Responsibility to the Profession

What If You Work In Another State?

• 137.65 Action In Another Jurisdiction

– (a) The engineer shall not practice or offer to

practice engineering in any other jurisdiction in

violation of the laws regulating the practice of

professional engineering in that jurisdiction. A

finding by such jurisdiction of illegal practice

or offer to practice is misconduct and will

subject the engineer to disciplinary action in

Texas.

Enforcement Sanctions

• Reprimands (Formal and Informal)

• Suspension (Possible Probation)

• Refuse to Renew

• Revocation

• $5,000 per Violation per Day

• Cease and Desist Orders

• Emergency Suspension

Classifications/Violations

• Administrative (4)

– Failure to respond to board communications

– Failure to report change of address or

employment or any criminal convictions

• Engineering Misconduct (5)

– Gross negligence

– Incompetence: includes performing work

outside area of expertise

– Felony conviction with incarceration

• Licensing (3)

– Fraud or deceit in obtaining a license

– Retaliation against a reference

• Improper Use of Seal (10)

– Failure to safeguard seal and/or electronic

signature

– Alter work of another

– Sealing work endangering the public

– Improper use of standards

• Ethics (24)

– Conflict of interest

– Failure to act as faithful agent to their

employers or clients

– Reveal confidence and private information

– Retaliation against a complaint

• Ethics (24)

– Failure to report violation of others

– Failure to prevent violation of laws, codes, or

ordinances

– Failure to engage in professional and business

activities in an honest and ethical manner

– Action in another jurisdiction

• Ethics (24)

– Attempt to injure the reputation of another

– Reveal confidences and private information

– Accept compensation from more than one party

for services on the same project

TBPE Disciplinary Actions

• From: A formal reprimand

• To: $3,000 for cost of the investigation and

prosecution of the case. Not to apply for

licensure in TX for 5 years and a $50,000

administrative penalty if the Eng. is found

to have violated rules of standards involving

health, welfare or safety of the public in any

state for 10 years

TBPE Sanctions

• Criminal records check revealed two

misdemeanor and one felony conviction

– His license was revoked

• Certified he completed 15 pdh credits. Selected

for a random audit and could only verify 2.5

– 2 years probated suspension & $4,000 penalty

TBPE Sanctions

• Practiced engineering with an expired

license.

– 2 year probated suspension contingent on

payment of $4,420 penalty and completion of

Ethics course.

• Unlicensed individual used seal of another

P.E. & his company was not registered

w/Board.

– Cease & Desist Order plus $3,720 penalty.

TBPE Sanctions

• Engineer could not produce evidence of

submitted CE credits. Did not respond to

numerous TBPE request, failed to appear at

hearing.

– License was revoked

• Engineer used his employers equipment for

his own business

– One year probated suspension, $3,250 penalty

& completion of an ethics course

MD Disciplinary Actions

• MD license placed on probation for

duration of Kansas probation

• $3,000 fine for misrepresentation and using

the license of another

• $3,000 fine for using title of P.E. while

license was suspended

MD Board Rulings

• Engineers license expired but he did not

need a license to perform his duties for the

municipality. He continued to use P.E. in

his title

• Board Ruling?

• $3,000 fine

MD Board Ruling

• Engineer was never licensed by the State.

Used title of “Professional Engineer” in

communications and to obtain employment.

• Board ruling?

• $3,000 fine

• He also agreed to remove all reference to

P.E. & resign his position so no legal action

was taken

(Who Gets The Prize?)

• Engineer works for a firm that pays his

expenses for a trade show. He wins a door

prize worth $5,000.

• Is it ethical to keep the door prize or should

he remit the prize to his employer?

(Who Gets The Prize?)

• Engineer has ethical obligation to report the

prize. Ultimate decision is between the

engineer& employer.

(Engineering Judgment Overruled)

• Eng. A works for the DOT and is a project

manager on Contr. Q’s job. Contr. Q submits

change order for work already done. Eng. A

feels this was due to faulty workmanship. He

will not sign the change order. Contr. Q

contacts Eng. A’s supervisor. He directs Eng.

A to sign off on the change order.

(Engineering Judgment Overruled)

• Would it be ethical for Eng. A to sign off on

the change order?

• No, it would be unethical. If pressured, Eng.

A would have an obligation to bring this to

the attention of appropriate authorities in the

State or as appropriate.

(Confidentiality – Client Subpoena)

• Eng. A works for Client X. All work is

completed. Several months later, Eng. A is

contacted and subpoenaed by a Grand Jury

regarding criminal investigation into Client X.

Eng. A complies with the Grand Jury but is

never called to testify and receives no further

information from the Grand Jury.

(Confidentiality – Client Subpoena)

• Does Eng. A have an ethical obligation to

inform Client X regarding his submission of

documents filed with the Grand Jury?

• No. This is a criminal matter, advising Client

X could compromise the investigation and

expose Eng. A to prosecution. Eng. A should

consulate legal counsel.

(Seal At No Extra Charge?)

• Eng. provides pre-engineered manufactured

systems. In promotional literature he puts the

following statement: “Professionally

Engineered/PE-stamped design at no extra

charge”

(Seal At No Extra Charge?)

• Is it ethical to include that statement in the

company’s advertisement?

• Yes, provided his action’s are consistent with

applicable state professional engineering

Ethics You Be The Judge

(Employment Verification)

• Eng. A leaves ABC Engineering after 12

years. At his new job he seeks licensure in

another state and asks ABC Engineering for

a reference and employment verification.

• ABC Engineering refuses based on:

– 2 week notice not given even though

termination letter said he would.

– Only notice given was 10 minutes prior to

leaving on his last day.

– Said he would follow up on several items and

did not.

– Should have courtesy to call and make the

request for a recommendation

• Were the actions of Eng. A and ABC

Engineering ethical?

• Unethical of Eng. A

• Unethical for ABC Engineering to not

provide the requested information

(Ethical Obligations of the Military • Eng. A is a P.E. in private practice who is

mobilized as a reserve officer. Duties will

be as a design eng. and is expected to use

his civilian P.E. skills. Eng. A is subject to

the Uniform Code of Military Justice which

exempts him from civil liability. Eng. A

feels his professional and ethical obligations

still apply.

(Ethical Obligations of the Military • Does Eng. A still have ethical obligations

under the NSPE Code of Ethics as a

member of the U.S. Military?

• As a practical matter, UCMJ controls

(Gifts & Marketing)

• Eng. firm has Continuing Education Dept.

whose main purpose is in-house training. As

a service to the Eng. Community, the Ethics

Course is offered to those outside of the

firm. The purpose is not business

development but it could result in a business

contact. No follow-up calls are made. $25

fee charged to cover costs. Not intended to

make a profit.

(Gifts & Marketing)

• Is it ethical to offer this course as set forth

above?

• Is it ethical to offer the course w/o charging

the fee?

• Board ruled yes on both counts

NSPE Ethics Review Board

• Started reviewing ethics cases in 1958

• Were the issues the same back then?

NSPE Ethics Case No. 58-1

• Basic plans for foreign hydroelectric plant

were prepared by agency of U.S. govt.

• Foreign govt. invited engineering firms to

submit proposals to finish the design.

• At or about the time negotiations with

foreign govt. were concluded, the govt.

engineers resigned and entered into a

contract w/foreign govt.

• Ethical implications?

• The men have violated the spirit of the

Canons and Rules but the evidence does not

prove them to be in violation of specific

paragraph as now worded.

Engineering Ethics - Concrete Pipe · 2016-03-01 · ENGINEERING ETHICS (3). • Introduction to...

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