engineering laws

8/19/2019 engineering laws

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Ethics andEngineering

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Lecture Objectives andActivitivies

• Teach fundamental principles and canonsof engineering ethics – Clarication of nature of ethics

–

Process to resolve ethical dilemmas – NCEE !odel "ules of Professional Conduct

– A!E Code of Ethics

• Provide case studies to e#amine issues

and resolve problems from a secondperson perspective

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The Nature of Ethics

• Ethics is generall% concerned &ithrules or guidelines for morals and'orsociall% approved conduct

• Ethical standards generall% appl% toconduct that can or does have asubstantial e(ect on people)s lives

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La& vs+ Ethics

• LA,

– Creates rules to

guide conduct – -alances

competing values

– Punishes conduct

that is .illegal/through formalstructures

• ET0C

– O(ers guidance on

conduct – Addresses situations

in &hich competingvalues clash

– ncentives and

disincentives ma%be created b%.group/ 2formal orinformal3

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s .legal/ the same as.ethical5/

• 6E7 – La& denes duties8

rights8 .allo&able

conduct+/ – Compliance approach

to business ethics7fulll legall%recogni9ed duties8and don)t go further+

• NO7 – La& does not address

all ethical dilemmas

–Legal duties ma% notmeet standard ofethical conduct

– .-e%ond Compliance/approach7 fulll legall%recogni9ed duties8 but

don)t stop there+

:

n case of con;icts8 it)s generall% held that legalstandards must give &a% to ethical standards


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.An ethical dilemma5/

• Choice to be made

• mplicates competing values8 rights8? goals

• Potential harm to decision ma=er5

• Potential harm to others5

•."ipple e(ect7/ long


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0o& to "esolve Ethicalilemmas

• dentif% relevant facts

• dentif% relevant issue2s3

• dentif% primar% sta=eholders

• dentif% possible solutions

• Evaluate each possible solution

• Compare and assess conseBuences• ecide on solution

• Ta=e action


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0o& to Evaluate olutions7 ome Theories

– Stakeholder/utilitarian theory7 greatestgood to the greatest number

– Rights Theory7 "especting and protecting

individual rights to fair and eBual treatment8privac%8 freedom to advance8 etc+ – Justice Theory7 fair distribution of benets

and burdens7 can harm to individual be justiable5

–

Categorical Imperative7 .&hat if ever%onetoo= such action5/ – .Front Page Test7/ ,hat if m% decision &as

reported on the front page of the Los AngelesTimes5

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Legal vs+ Ethical7 6ou and Al

.Legal/ llegal

Ethical5 .Al admitted

to punchinga customer+/

6ou contact

anotherstore8 F

Hnethical5 .Nocomment/

.0e is great&ithcustomers+/

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NCEES odel Rules o! Pro!essional ConductNCEE is the National Council of E#aminers for

Engineering and urve%inghttp7''&&&+ncees+org'

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The Preamble

• Purpose is to . J safeguard life8health8 and propert%8 to promote thepublic &elfare8 and to maintain a

high standard of integrit% andpractice+/

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Obligation to ociet%

• -road conte#t of responsibilit%

1+ .,hile performing services8 the engineer)s foremostresponsibilit% is to the public &elfare/

$+ .Engineers shall approve onl% those designs thatsafeguard the life8 health8 &elfare8 and propert% of thepublic &hile conforming to accepted engineeringstandards/

• ,histle blo&ing

*+ .f an engineer)s professional judgment is overruledresulting in danger to the life8 health8 &elfare8 orpropert% of the public8 the engineer shall notif% his'heremplo%er or client and an% appropriate authorit%/

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• Truth in duties

4+ .Engineers shall be objective and truthful in professionalreports8 statements8 or testimonies and shall provide all

pertinent supporting information relating to such items/:+ .Engineers shall not e#press a professional opinion

publicl% unless it is based upon =no&ledge of the factsand a competent evaluation of the subject matter/

• The ut% of Kull isclosure

>+ .Engineers shall not e#press professional opinion onsubject matters for &hich the% are motivated or paid8unless the% e#plicitl% identif% the parties on &hose behalfthe% are e#pressing the opinion and reveal the parties)interest in the matters/

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• .Clean 0ands/ "ule

@+ .Engineers shall not enter business ventures or permittheir names or their rm)s names to be used b% an%

persons or rm &hich is engaging in dishonest8fraudulent8 or illegal business practice/

• Kinal Obligation to ociet%

+ .Engineers &ho have =no&ledge of possible violationof an% of the rules listed in this and the follo&ing t&oparts shall provide pertinent information and assist thestate board in reaching nal determination of thepossible violation/

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Engineer)s Obligation toEmplo%ers and Clients

• Professional competence

1+ .Engineers shall not underta=etechnical assignments for &hich the%

are not Bualied/$+ .Engineers shall approve or seal onl%

those plans or designs that deal &ithsubjects in &hich the% are competentand &hich have been prepared undertheir direct control and supervision/

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• Professional competence

1+ .Engineers shall not underta=etechnical assignments for &hich the%

are not Bualied/$+ .Engineers shall approve or seal onl%

those plans or designs that deal &ithsubjects in &hich the% are competentand &hich have been prepared undertheir direct control and supervision/

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• The alidit% of Approvals

.Engineers ma% coordinate an entire

project provided that each design

component is signed or sealed b% the

engineer responsible for that design

component/

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• Condentialit% "eBuirement

.Engineers shall not reveal professional

information &ithout the emplo%er)s orclient)s prior consent e#cept as authori9edor reBuired b% la&/

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• Con;ict of nterest1+ .Engineers shall not solicit or accept direct or indirect

considerations8 nancial or other&ise8 from contractors8their agents8 or other parties &hile performing &or= for

emplo%ers or clients/

$+ .Engineers shall disclose to their emplo%ers or clientspotential con;icts of interest or an% othercircumstances that could in;uence or appear to

in;uence their professional judgment or their serviceBualit%/

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• Kull isclosure

.An engineer shall not accept nancial orother compensation from more than one

part% for services rendered on one projectunless the details are full% disclosed andagreed b% all parties/

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• Movernment Con;icts of nterest.To avoid con;icts of interest8 engineers shall not solicit or

accept a professional contract from a governmentalbod% on &hich a principal or ocer of their rm serves

as a member+ An engineer &ho is a principal oremplo%ee of a private rm and &ho serves as amember of a governmental bod% shall not participate indecisions relating to the professional services solicitedor provided b% the rm to the governmental bod%/

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Engineer)s Obligations to OtherEngineers

• Obligation to Potential Emplo%ers.Engineers shall not misrepresent or permit

misrepresentation of their or an% of their associate)sacademic or professional Bualications+ The% shall not

misrepresent their level of responsibilit% or thecomple#it% of prior assignments+ Pertinent facts relatingto emplo%ers8 emplo%ees8 associates8 joint ventures8 orpast accomplishments shall not be misrepresented&hen soliciting emplo%ment or business/

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Engineer)s Obligations to OtherEngineers

• "eputations of Other Engineers1+.Engineers shall not attempt to injure8

maliciousl% or falsel%8 directl% or indirectl%8

the professional reputations8 prospects8practice or emplo%ment of other engineers8nor indiscriminatel% critici9e the &or= of otherengineers/

$+Critici9e cautiousl% and objectivel% &ith

respect to the person)s professional status

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Engineering Ethics and Legal ssues

• Contract La&

!utual agreement bet&een t&o or more parties to

engage in transaction &hich provides benets to

each of them1+!utual consent

$+O(er and acceptance

*+Consideration

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• Other Contract ssues1+Legall% enforceable agreement reBuires a

denite promise b% each part% to do

something specic$+ome benet received that each did not

have before

*+oes not have to be in &riting to be valid

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• The Letter vs+ pirit of the La&

."ead bet&een the lines/ in terms of theintent of those documents as understood

b% those &ho formulated them/

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A!E Code of Ethics of Engineers Kundamental Principles

Engineers uphold and advance the integrit%8honor8 and dignit% of the Engineering

profession b%7• using their =no&ledge and s=ill for the

enhancement of human &elfare

• being honest and impartial8 and serving &ith

delit% the public8 their emplo%ers and clients8• striving to increase the competence and

prestige of the engineering profession+

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A!E Code of Ethics of Engineers Kundamental Canons 213

• Engineers shall hold paramount thesafet%8 health and &elfare of the public inthe performance of their professionalduties+

• Engineers shall perform services onl% inthe areas of their competence+

•

Engineers shall continue their professionaldevelopment throughout their careers andshall provide opportunities for theprofessional development of thoseengineers under their supervision+

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A!E Code of Ethics of Engineers Kundamental Canons 2$3

• Engineers shall act in professionalmatters for each emplo%er or client asfaithful agents or trustees8 and shall

avoid con;icts of interest+• Engineers shall build their professional

reputations on the merit of their servicesand shall not compete unfairl% &ithothers+

• Engineers shall associate onl% &ithreputable persons or organi9ations+

• Engineers shall issue public statementsonl% in an objective and truthful manner+

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Mroup E#ercise

•

At This point as= students to read case studiesand submit the comments

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Case 1

Ne&l% hired as a production engineer8 %ou nd a potential problem on the shop;oor7 &or=ers are routinel% ignoring some of the government mandatedsafet% regulations governing the presses and stamping machines+

The &or=ers override the safet% features such as guards designed to ma=e itimpossible to insert a hand or arm into a machine+ Or the% rig upQconvenienceQ controls so the% can operate a machine &hile close to it8

instead of using approved safet% s&itches8 etc+8 &hich reBuires moremovement or operational steps+ Their reason 2or e#cuse3 is that if the safet%features &ere strictl% follo&ed then production &ould be ver% dicult8 tiringand inecient+ The% feel that their shortcut still provides adeBuatel% safeoperation &ith improved ecienc% and &or=er satisfaction+

hould %ou immediatel% insist on full compliance &ith all the safet% regulations8or do the &or=ers have enough of a case so that %ou &ould be tempted to

ignore the safet% violations5 And if %ouRre tempted to ignore the violations8ho& &ould %ou justif% doing so to %our boss5

Also8 ho& much &eight should %ou give to the &or=ersR clear preference for notfollo&ing the regulations7 ethicall%8 can safet% standards be rela#ed if thoseto &hom the% appl% &ant them to be rela#ed5

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Case $

6ou and an engineer colleague &or= closel% on designing and implementingprocedures for the proper disposal of various &aste materials in an industrialplant+ 0e is responsible for liBuid &astes8 &hich are discharged into localrivers+

uring ongoing discussions &ith %our colleague8 %ou notice that he is habituall%allo&ing levels of some to#ic liBuid &aste chemicals8 &hich are slightl% higher

than levels permitted b% the la& of those chemicals+ 6ou tell him that %ou havenoticed this8 but he replies that8 since the levels are onl% slightl% above thelegal limits8 an% ethical or safet% issues are trivial in this case8 and not &orththe trouble and e#pense to correct them+

o %ou agree &ith %our colleague5 f not8 should %ou attempt to get him to correctthe e#cess levels8 or is this none of %our business since it is he rather than %ou&ho is responsible for liBuid &astes5

f he refuses to correct the problems8 should %ou report this to %our boss or highermanagement5 And if no one in %our compan% &ill do an%thing about theproblem8 should %ou be prepared to go over their heads and report the problemdirectl% to government inspectors or regulators5 Or should one do that onl% ina case &here a much more serious ris= to public health and safet% involved5

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Case *

6our compan% has for some time supplied prefabricated &all sections8 &hich %ou designed8to construction companies+ uddenl% one da% a ne& idea occurs to %ou about ho&these might be fabricated more cheapl% using composites of rec%cled &aste materials+

Pilot runs for the ne& fabrication techniBue are ver% successful8 so it is decided to entirel%s&itch over to the ne& techniBue on all future production runs for the prefabricated

sections+ -ut there are managerial debates about ho&8 or even &hether8 to inform thecustomers about the fabrication changes+

The suppl% contracts &ere &ritten &ith specications and functional terms8 so that lovebearing capacities and longevit%8 etc+8 of the &all sections &ere specied8 but nospecic materials or fabrication techniBues &ere identied in the contracts+ Thus it&ould be possible to ma=e the changeover &ithout an% violation of the ongoingcontracts &ith the customers+

On the other hand8 since there is signicant cost savings in the ne& fabrication method8does %our compan% have an ethical obligation to inform the customers of this8 and

perhaps even to renegotiate suppl% at reduced cost8 so that the customers also share inbenets of the ne& techniBue5 !ore specicall%8 do %ou have an% special dut%8 as aprofessional engineer and designer of the ne& techniBue8 to be an advocate in %ourcompan% for the position that customers should be full% informed of the ne& techniBueand the associated cost savings5

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Case 4

6our compan% manufactures securit% s%stems+ Hp to no& these have raised fe& ethicalproblems8 since %our products &ere conned to traditional forms of securit%8 usingarmed guards8 loc=s8 reinforced allo%s &hich are hard to cut or drill8 and similarmethods+

0o&ever8 as a design engineer %ou reali9e that this modern technolog% much morecomprehensive securit% pac=ages could be provided to %our customers+ These couldalso include e#tensive video and audio surveillance eBuipment8 along &ith biometricmonitoring devices of emplo%ees or other personnel see=ing entr% to secure areas&hich &ould ma=e use of highl% personal data such as a person)s ngerprints8 orretinal or voice patterns+

-ut there is a problem to be considered+ A literature search reveals that there are man%ethical concerns about the collection and use of such personal data+ Kor e#ample8these high


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T0AN 6OH

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