ethic notes

25
INTEGRATED POLYTECHNIC REGIONAL CENTER KICUKIRO COLLEGE OF TECHNOLOGY CIVIL ENG & MECHANICAL YEAR III ENGINEERING ETHICS LECTURE NOTES

Upload: bernard-palmer

Post on 21-Apr-2015

74 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: Ethic Notes

INTEGRATED POLYTECHNIC REGIONAL CENTER

KICUKIRO COLLEGE OF TECHNOLOGY

CIVIL ENG & MECHANICAL

YEAR III

ENGINEERING ETHICS

LECTURE NOTES

LECTURER: Eng MUREKASHUNGWE Evergiste, MSc

ACADEMIC YEAR: 2011

Page 2: Ethic Notes

1. A Short History of Engineering Ethics

One definition of Ethics is:

The rules or standards governing the conduct of a person or the conduct of the members of a profession.

Prior to 1900, professional societies generally subscribed to the belief that ethics was a matter of an

engineer’s personal responsibility and not appropriate for a written code. The American Society of Civil

Engineers (ASCE), for example, stated in 1877 “that it is inexpedient for the Society to instruct its members

as to their duties in private professional matters.”

The earliest codes of ethical conduct for engineers were developed in the early 1900’s. The American

Institute of Electrical Engineers (now "the IEEE"), published ethical codes in 1912.

These contained no explicit reference to the public or to the environment. The loyalty was to the employer.

The AIEE code stated: "The engineer should consider the protection of a client's or employer's interests his

first professional obligation, and therefore avoid every act contrary to this duty." Likewise, the original Code

of Ethics published by the ASCE in 1914 focused mainly on engineers’ relationships with their clients and

their peers, and did not address responsibilities to the public.

Throughout the early to middle part of the 20th century, professional societies began to recognize the need

for Codes of Conduct to address responsibility to the public. On October 28, 1946, the Board of Directors of

the National Society of Professional Engineers (NSPE) adopted a "Canon of Ethics for Engineers" that was

prepared by the Engineers' Council for Professional Development (ECPD), which is now the Accreditation

Board for Engineering and Technology (ABET). Among the provisions of this code was:

“As the keystone of professional conduct is integrity, the engineer will discharge his duties with fidelity to

the public, his employers and clients, and with fairness and impartiality to all. It is his duty to interest himself

in public welfare, and to be ready to apply his special knowledge for the benefit of mankind.”

Today, dozens of professional engineering societies have published codes of ethics, which have evolved

since the early days to include responsibilities to both the public and the environment, as well as

responsibilities to an engineer’s employer. Most of these codes of conduct follow the ECPD/ABET model

and are quite similar to each other. A good example is the Fundamental Canons of the Code of Ethics for

Engineers published by the NSPE and will be discussed later.

Why is it Important to Study and Practice Engineering Ethics?

We reviewed one definition of Ethics earlier in the course. A second definition of Ethics is:

Motivation based on ideas of right and wrong.

There is a moral component to Ethics. Engineers should be motivated to “do the right thing”.

Seems obvious, doesn’t it? Of course, you want to do the right thing. So, why do you need to study Ethics?

1 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 3: Ethic Notes

Why Study Engineering Ethics?

We need to go back to the first definition of Ethics: The rules or standards governing the conduct of a

person or the conduct of the members of a profession.

It is important to study engineering ethics so that you will understand the standards governing what is

acceptable behavior in the practice of engineering.

The standards governing acceptable behavior for engineers have been developed in the form of Codes of

Conduct adopted by professional organizations, such as NSPE. These standards represent the collective

experience of many learned professionals who have studied Ethics and have adapted the Codes of

Conduct based on observing the impacts of engineers’ actions over many years. Many of these standards

are intuitive. For example, NSPE Fundamental Canon N°5 states “Avoid deceptive acts”. It is pretty widely

accepted in all walks of life that deception is unethical.

But, other topics covered by the Codes of Conduct may not be so intuitive. For example, the NSPE Code of

Ethics for Engineers prohibits the acceptance of free engineering designs from equipment suppliers for

specifying their product. On the surface, this arrangement looks like it might be a “win-win situation”. You

get help with the engineering and the vendor gets his foot in the door. But, the free engineering design

provided to you by the vendor is a form of compensation that creates a conflict of interest.

Why Practice Engineering Ethics?

OK, you know that it’s important to study engineering ethics to learn what is considered to be appropriate

behavior for professional engineers. Once you know what the rules are, why is it important to follow them?

Setting aside the issues of right and wrong for a moment - which is incentive enough for most of us to

practice ethics – there are other reasons why it is important for you to act ethically in your professional

practice.

Below are some of the consequences that can result from unethical behavior:

- Personal injury and damage to property due to your engineering designs, which can result in

litigation against you

- Disciplinary action by your state licensing board and any professional societies with whom you are

a member

- Embarrassment to you, your employer and the engineering profession

- Loss of income due to termination by your employer or being ostracized within your local

engineering community as a result of your actions

2 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 4: Ethic Notes

Briefly it is required to study engineering ethics for the following reasons:

- To be able to follow an explicit or implicit ethical code, at the time you will enter the professional world

- To responsibly confront moral issues raised by technological activity

- To know how to deal with ethical dilemmas in their professional lives

- To achieve moral autonomy

Goals:

Engineering ethics course is not about preaching virtue rather, its objective is to increase your ability as

engineers to responsibly confront moral issues raised by technological activity.

The course will develop a framework on which professional and ethical issues can be analyzed, and build up an awareness of various views of ethical issues as well as professionals ethical rights and responsibilities.

2. Definitions:

Morality and Ethics

- Concerns the goodness of voluntary human conduct that affects the self or other living things

- Morality (Latin mores) usually refers to any aspect of human action

- Ethics (Greek ethos) commonly refers only to professional behavior

- 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 or simply the study of understanding moral values, resolving moral issues and justifying moral decisions in engineering practice.

- Ethical dilemma: Situations in which two or more moral obligations, duties, rights, or ideals come into conflict.

- Whistle blowing: is alerting relevant persons to some moral or legal corruption, where “Relevant persons” are those in a position to act in response.

3 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 5: Ethic Notes

- Code of ethics: a consensus on the morality of engineering decisions which defines guidelines for moral conduct by all engineering professionals so that their behavior benefits both the profession and society.

- Moral Dilemmas: Situations in which two or more moral obligations, duties, rights, or ideals come into conflict.

- Moral Autonomy: Autonomous individuals think for themselves and do not assume that customs are always right, they seek to reason and live by general principles and their motivation is to do what is morally reasonable for its own sake, maintaining integrity, self-respect, and respect for others.

An example: “One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and willingly accepts the penalty… is in reality expressing the highest respect for the law.”

Rev. Martin Luther King, Jr. in Letter from a Birmingham Jail, 1963.

The Existence of Right and WrongPrinciple: Certain aspects of right and wrong exist objectively, independent of culture or personal opinion. Accepting this principle is essential for ethics to discern an objective reality rather than just define a subjective standard. Do you agree?

It is always wrong to intentionally take an innocent life? The right course of action is to weigh the consequences of action and choose the action

that leads to the greatest good for the greatest number?

Two Valid Moral Positions The first is “Kantianism”

Kant: Right or wrong regardless of consequences The second is “Utilitarianism”

Utilitarianism: Right or wrong depending on consequencesMost people agree with both positions

The Four Main Ethical Virtues- Prudence (mind): to think about a moral problem clearly and completely- Temperance (emotions): control attraction to positive emotions- Fortitude (emotions): control aversion for negative emotions- Justice (will): choose according to truth and fairness.

Moral Responsibility: - Morality: concerns the goodness of voluntary human activity that impacts the self or other living

beings.

4 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 6: Ethic Notes

- Assuming we have not deliberately allowed ourselves to remain ignorant, powerless, or indifferent, we have complete moral responsibility for what we do with adequate knowledge, freedom, and approval.

Ethics and Law- Law – the authority is external- Ethics – the authority is internal

Much of law, but not all, is based in morality but, sometimes law is unethicalMuch of what is ethical is unaddressed by legal rules

Professional Ethics and LawThere is a moral duty to obey the law (with some caveats)Professional ethics covers more issues than the lawOne can be unethical without behaving illegallyRare – ethically must resist the law

Note: Be very careful not to embark in an exercise in ethical analysis when there is a clear legal rule in the situation that trumps the entire process of ethical analysis. Be very careful not to assume that there is a legal rule for every situation. Often the gaps between legal rules require one to switch to an ethical analysis.

3. Ethical Decision Making Model

The following steps are recommended to help you determine your optimum course of action when

confronted with an ethical problem:

a) Evaluate all of the information you have available; acquire more information if necessary. You may

find that the problem is more (or less) serious than originally thought.

b) Consider how your decision might affect all of your constituencies independent of how it affects

you.

c) Consider what ethical values are relevant to the situation. When two or more values are seemingly

in conflict you should rank your ethical obligations according to your own moral principles,

accepted codes of engineering conduct and the law.

d) Determine the best course of action (judgment) that takes into account your relevant values and

constituencies’ interests. You may not be able to satisfy everyone's concerns, but you should try.

Imagine yourself in another position such as a different company, a neighbor, or a regulatory

agency.

5 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 7: Ethic Notes

4. Principles of Ethical Power for Individuals and organizations:

4.1 Five Principles of Ethical Power for Individuals:

i. Purpose: I see myself as being an ethically sound person. I let my conscience be my

guide. No matter what happens, I am always able to face the mirror, look myself straight in

the eye, and feel good about myself.

ii. Pride: I feel good about myself. I don’t need the acceptance of other people to feel

important. A balanced self-esteem keeps my ego and my desire to be accepted from

influencing my decisions.

iii. Patience: I believe that things will eventually work out well. I don’t need everything to

happen right now. I am at peace with what comes my way.

iv. Persistence: I stick to my purpose, especially when it seem inconvenient to do so! My

behavior is consistent with my intentions. As Churchill said, "Never! Never!, Never! Never!

Give up!"

v. Perspective: I take time to enter each day quietly in a mood of reflection. This helps me to

get myself focused and allows me to listen to my inner self and to see things more clearly.

4.2 Five Principles of Ethical Power for Organizations:

i. Purpose: The mission of our organization is communicated from the top. Our organization

is guided by the values, hopes and a vision that helps us to determine what is acceptable

and unacceptable behavior.

ii. Pride: We feel proud of ourselves and of our organization. We know that when we feel this

way, we can resist temptations to behave unethically.

iii. Patience: We believe that holding to our ethical values will lead us to success in the long

term. This involves maintaining a balance between obtaining results and caring how we

achieve these results.

iv. Persistence: We have a commitment to live by ethical principles. We are committed to our

commitment. We make sure our actions are consistent with our purpose.

v. Perspective: Our managers and employees take time to pause and reflect, take stock of

where we are, evaluate where we are going and determine how we are going to get there.

5. The fundamental principles of ethics for engineers

6 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 8: Ethic Notes

Engineers Uphold and advance the integrity, honor and dignity of the engineering profession by:

1. Using their knowledge and skill for the enhancement of human welfare;

2. Being honest and impartial, and serving with fidelity the public, their employers and clients:

3. Striving to increase the competence and prestige of the engineering profession; and

4. Supporting the professional and technical societies of their disciplines.

Moral Values adapted from The Ethics Challenge and Controlling Technology

Your Value Your Behavior

Honesty Be truthful in all our endeavors; to be honest and forthright with one another and with our customers, communities, suppliers, and shareholders,

Integrity Say what you mean, deliver what you promise, and stand for what is right.

Respect for Individuals, Human Life, and Posterity

Treat one another with dignity and fairness, appreciating the diversity of our workforce and the uniqueness of each individual. Promote the long-term stability of civilization and the environment.

Trustworthiness & Fairplay Build confidence through fairplay, teamwork and open, candid communication.

Responsibility Speak up without fear of retribution and report concerns in the work place, including violations of laws, regulations and company policies, and seek clarification and guidance whenever there is doubt.

Citizenship Obey all the laws of the countries in which you do business and to do you part to make the communities in which you work and live a better place to be.

Competence Reliably perform tasks in your areas of specialization. Recognize and report your limitations. Be involved in life-long learning, updating your engineering (or other) skills as necessary.

Common Constituencies adapted from The Ethics Challenge, Analysis, Synthesis, and Design of Chemical Processes, and Process Design Principles

Your Constituency Your Behavior

Employees/ Colleagues /Co-workers Be fair. Provide a safe and healthy environment. Respect individuals.

Customers/Clients Produce reliable products and services, on-time delivery, and fair prices.

Communities/Public Act as concerned and responsible neighbors.

Shareholders Pursue sound growth and earnings objectives. Exercise prudence in the use of assets and resources

Suppliers Allow for fair competition.

Environment Exercise prudence in the use of natural resources, avoid waste in the

7 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 9: Ethic Notes

consumption of non-renewable, natural resources

6. Code of Ethics for Engineers according to NSPE

"The application of engineering ethics provides a consensus on the morality of engineering decisions and

defines guidelines for moral conduct by all engineering professionals. Such guidelines are partially based

on ethical codes developed by engineering societies, most notably the National Society of Professional

Engineers, so as to maintain the aura of professionalism throughout the engineering discipline. Codes of

ethics also may encourage engineers to behave in a manner that benefits both the profession and society.

Above all else, engineering professionals are in service to society, and so it is implicit in both the ethical

codes and engineering ethics, that the public good should be placed above the personal interest of

engineers."

Engineering is an important and learned profession. As members of this 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.

6.1 Fundamental Canons

1. Engineers shall hold paramount the safety, health and welfare of the public in the performance of

their professional duties.

2. Engineers shall perform services only in the areas of their competence.

3. Engineers shall issue public statements only in an objective and truthful manner.

4. Engineers shall act in professional matters for each employer or client as faithful agents or

trustees, and shall avoid conflicts of interest.

5. Engineers shall build their professional reputation on the merit of their services and shall not

compete unfairly with others.

6. Engineers shall act in such a manner as to uphold and enhance the honor, integrity and dignity of

the profession.

7. Engineers shall continue their professional development throughout their careers and shall provide

opportunities for the professional development of those engineers under their supervision.

8 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 10: Ethic Notes

Note: With this, you have the knowledge and conviction that you have a professional and moral

responsibility to yourselves and to your fellow human beings to defend the truth and expose any

questionable practice that will lead to an unsafe product or process.

6.2 Rules of Practice1. Engineers shall hold paramount the safety, health, and welfare of the public.a) If engineers’ judgment is overruled under circumstances that endanger life or property, they shall

notify their employer or client and such other authority as may be appropriate.b) Engineers shall approve only those engineering documents that are in conformity with applicable

standards.c) Engineers shall not reveal facts, data, or information without the prior consent of the client or

employer except as authorized or required by law or this Code.d) 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.e) Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.f) Engineers having knowledge of any alleged violation of this Code shall report thereon to

appropriate professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in furnishing such information or assistance as may be required.

2. Engineers shall perform services only in the areas of their competence.a) Engineers shall undertake assignments only when qualified by education or experience in the

specific technical fields involved.b) Engineers shall not affix their signatures to any plans or documents dealing with subject matter in

which they lack competence, nor to any plan or document not prepared under their direction and control.

c) Engineers may accept assignments and assume responsibility for coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified engineers who prepared the segment.

3. Engineers shall issue public statements only in an objective and truthful manner.a) Engineers shall be objective and truthful in professional reports, statements, or testimony. They

shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current.

b) Engineers may express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter.

c) Engineers shall issue no statements, criticisms, or arguments on technical matters that are inspired or paid for by interested parties, unless they have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the engineers may have in the matters.

9 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 11: Ethic Notes

4. Engineers shall act for each employer or client as faithful agents or trustees.a) Engineers shall disclose all known or potential conflicts of interest that could influence or appear to

influence their judgment or the quality of their services.

b) Engineers shall not accept compensation, financial or otherwise, from more than one party for

services on the same project, or for services pertaining to the same project, unless the

circumstances are fully disclosed and agreed to by all interested parties.

c) Engineers shall not solicit or accept financial or other valuable consideration, directly or indirectly,

from outside agents in connection with the work for which they are responsible.

d) Engineers in public service as members, advisors, or employees of a governmental or quasi-

governmental body or department shall not participate in decisions with respect to services

solicited or provided by them or their organizations in private or public engineering practice.

e) Engineers shall not solicit or accept a contract from a governmental body on which a principal or

officer of their organization serves as a member.

5. Engineers shall avoid deceptive acts.

a) Engineers shall not falsify their qualifications or permit misrepresentation of their or their

associates’ qualifications. They shall not misrepresent or exaggerate their responsibility in or for

the subject matter of prior assignments. Brochures or other presentations incident to the solicitation

of employment shall not misrepresent pertinent facts concerning employers, employees,

associates, joint venturers, or past accomplishments.

b) Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to

influence the award of a contract by public authority, or which may be reasonably construed by the

public as having the effect or intent of influencing the awarding of a contract. They shall not offer

any gift or other valuable consideration in order to secure work. They shall not pay a commission,

percentage, or brokerage fee in order to secure work, except to a bona fide employee or bona fide

established commercial or marketing agencies retained by them.

6.2 Professional Obligations

1. Engineers shall be guided in all their relations by the highest standards of honesty and integrity.

a) Engineers shall acknowledge their errors and shall not distort or alter the facts.

b) Engineers shall advise their clients or employers when they believe a project will not be successful.

c) Engineers shall not accept outside employment to the detriment of their regular work or interest.

Before accepting any outside engineering employment, they will notify their employers.

10 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 12: Ethic Notes

d) Engineers shall not attempt to attract an engineer from another employer by false or misleading

pretenses.

e) Engineers shall not promote their own interest at the expense of the dignity and integrity of the

profession.

2. Engineers shall at all times strive to serve the public interest.

a) Engineers are encouraged to participate in civic affairs; career guidance for youths; and work for

the advancement of the safety, health, and well-being of their community.

b) Engineers shall not complete, sign, or seal plans and/or specifications that are not in conformity

with applicable engineering standards. If the client or employer insists on such unprofessional

conduct, they shall notify the proper authorities and withdraw from further service on the project.

c) Engineers are encouraged to extend public knowledge and appreciation of engineering and its

achievements.

d) Engineers are encouraged to adhere to the principles of sustainable development in order to

protect the environment for future generations.

3. Engineers shall avoid all conduct or practice that deceives the public.

a) Engineers shall avoid the use of statements containing a material misrepresentation of fact or

omitting a material fact.

b) Consistent with the foregoing, engineers may advertise for recruitment of personnel.

c) Consistent with the foregoing, engineers may prepare articles for the lay or technical press, but

such articles shall not imply credit to the author for work performed by others.

4. Engineers shall not disclose, without consent, confidential information concerning the business

affairs or technical processes of any present or former client or employer, or public body on which

they serve.

a) Engineers shall not, without the consent of all interested parties, promote or arrange for new

employment or practice in connection with a specific project for which the engineer has gained

particular and specialized knowledge.

b) Engineers shall not, without the consent of all interested parties, participate in or represent an

adversary interest in connection with a specific project or proceeding in which the engineer has

gained particular specialized knowledge on behalf of a former client or employer.

11 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 13: Ethic Notes

5. Engineers shall not be influenced in their professional duties by conflicting interests.

a) Engineers shall not accept financial or other considerations, including free engineering designs,

from material or equipment suppliers for specifying their product.

b) Engineers shall not accept commissions or allowances, directly or indirectly, from contractors or

other parties dealing with clients or employers of the engineer in connection with work for which the

engineer is responsible.

6. Engineers shall not attempt to obtain employment or advancement or professional engagements

by untruthfully criticizing other engineers, or by other improper or questionable methods.

a) Engineers shall not request, propose, or accept a commission on a contingent basis under

circumstances in which their judgment may be compromised.

b) Engineers in salaried positions shall accept part-time engineering work only to the extent

consistent with policies of the employer and in accordance with ethical considerations.

c) Engineers shall not, without consent, use equipment, supplies, laboratory, or office facilities of an

employer to carry on outside private practice.

7. 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.

a) Engineers in private practice shall not review the work of another engineer for the same client,

except with the knowledge of such engineer, or unless the connection of such engineer with the

work has been terminated.

b) Engineers in governmental, industrial, or educational employ are entitled to review and evaluate

the work of other engineers when so required by their employment duties.

c) Engineers in sales or industrial employ are entitled to make engineering comparisons of

represented products with products of other suppliers.

8. Engineers shall accept personal responsibility for their professional activities, provided, however,

that engineers may seek indemnification for services arising out of their practice for other than

gross negligence, where the engineer’s interests cannot otherwise be protected.

a) Engineers shall conform with state registration laws in the practice of engineering.

b) Engineers shall not use association with a nonengineer, a corporation, or partnership as a

“cloak” for unethical acts.

12 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT

Page 14: Ethic Notes

9. Engineers shall give credit for engineering work to those to whom credit is due, and will recognize

the proprietary interests of others.

a) Engineers shall, whenever possible, name the person or persons who may be individually

responsible for designs, inventions, writings, or other accomplishments.

b) Engineers using designs supplied by a client recognize that the designs remain the property of the

client and may not be duplicated by the engineer for others without express permission.

c) Engineers, before undertaking work for others in connection with which the engineer may make

improvements, plans, designs, inventions, or other records that may justify copyrights or patents,

should enter into a positive agreement regarding ownership.

d) Engineers’ designs, data, records, and notes referring exclusively to an employer’s work are the

employer’s property. The employer should indemnify the engineer for use of the information for any

purpose other than the original purpose.

e) Engineers shall continue their professional development throughout their careers and should keep

current in their specialty fields by engaging in professional practice, participating in continuing

education courses, reading in the technical literature, and attending professional meetings and

seminars.

13 | P a g e Engineering Ethics Lecture Notes By Eng M. Evergiste, MSc| IIIrd year KCT