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Law, Ethics and Professional Practice

Unit 6The Code of Ethics

Outcomes

Unit outcomes 6.0:C d f Ethi id t thi l d t Codes of Ethics as guides to ethical conduct.

PEO's Code of Ethics. Professional misconduct Professional misconduct. Duty to report. Whistleblowing.g EGAD Methodology for solving ethical dilemmas.

Enforcement

E f t li d titi Enforcement: unlicensed practitioners. The Association is responsible for enforcing the

Act by prosecuting offenders who practiceAct by prosecuting offenders who practice engineering or geoscience without a licence, or falsely claim they are licensed are breaking the llaw.

Disciplinep

Discipline: licensed practitioners.Th A i ti t t t th bli b The Association must protect the public by responding to complaints about licensed members.

The following behaviour can be cause for disciplinary actions:

P ofessional miscond ct ( np ofessional cond ct) Professional misconduct (unprofessional conduct). Incompetence. Negligence. Physical or mental incapacity. Conviction of a serious offence. Breach of the Code of Ethics. Breach of the Code of Ethics.

Professional Misconduct

P f i l i d t ( f i l Professional misconduct (or unprofessional conduct) is the main type of complaint.Th d fi iti i A t l The definitions in some Acts are very general, and the regulations cannot define every possible form of professional misconductpossible form of professional misconduct. The Code of Ethics may give more specific

guidance.


Example: Alberta's Act.( ) i d t i t l t th b t i t t f th (a) is detrimental to the best interests of the public,

(b) contravenes a code of ethics of the profession(b) contravenes a code of ethics of the profession as established under the regulations,

(c) harms or tends to harm the standing of the f i llprofession generally,

(d) displays a lack of knowledge of or lack of skill or judgment in the practice of the profession, oror judgment in the practice of the profession, or

(e) displays a lack of knowledge of or lack of skill or judgment in the carrying out of any duty or bli i d k i h i f hobligation undertaken in the practice of the

profession.

Incompetencep

Incompetence is defined similarly in the Acts.L k f k l d kill j d t th t Lack of knowledge, skill, or judgment that demonstrates the member is unfit to carry out duties as a professional.

The practitioner must work within limits of competence.Th A t d th C d f Ethi i th The Act and the Code of Ethics require the practitioner to judge his/her own area of competence when advancing to new positions.p g p

Negligenceg g

Negligence means carelessness or carrying out work below accepted standard or lack ofwork below accepted standard or lack of adequate thoroughness. Constitutes flagrant disregard for public welfare. Constitutes flagrant disregard for public welfare. Is a serious discipline complaint. May involve financial loss or failure to safeguard

life, health, or property.

Physical or Mental Incapacityy p y

Ph i l t l i it Physical or mental incapacity: Most Acts include a physical or mental condition

as a definition of incompetence provided theas a definition of incompetence, provided the condition is of a nature and extent that in order to protect the interest of public (or the practitioner), th titi h ld t b ll d t tithe practitioner should not be allowed to practice.

Conviction of an Offence

Conviction of an offence:Th A t it di i li ti i t The Acts permit disciplinary actions against a practitioner who is found guilty under other laws.

Proof of conviction must be provided to theProof of conviction must be provided to the Discipline Committee.

The nature of the offence must affect the person's it bilit t ti ( i ff l d dsuitability to practice (minor offences are excluded

– traffic violations, ordinance violations etc). Fraud or embezzlement convictions could be Fraud or embezzlement convictions could be

grounds for disciplinary action.

Breach of the Code of Ethics

Alb t N B i k N f dl d d Alberta, New Brunswick, Newfoundland and Labrador, Nova Scotia:

A breach of the Code of Ethics is specifically A breach of the Code of Ethics is specifically defined as equivalent to professional misconduct or unprofessional conduct.

The Code of Ethics is enforceable under the Act.


British Columbia, Manitoba, Nunavut,Northwest Territories Prince Edward IslandNorthwest Territories, Prince Edward Island, Quebec, Saskatchewan, and Yukon: The term "professional misconduct" or The term professional misconduct or

"unprofessional conduct" is defined in very general terms and is understood to include the Code of EthiEthics.

The Code of Ethics is enforceable under the respective Act.respective Act.


Ontario:Th C d f Ethi i ifi ll t f bl The Code of Ethics is specifically not enforceable under the Act.

A more detailed definition of professionalA more detailed definition of professional misconduct is incorporated in the regulations.

The Code of Ethics describes the ideal professional d tconduct.

The definition of professional misconduct identifies the lower limits of acceptable behaviour.the lower limits of acceptable behaviour.


P f i l E i A t th C il i Professional Engineers Act: the Council is responsible for making regulations:

Prescribing a code of ethics Prescribing a code of ethics. Defining professional misconduct for the purposes

of the Act.


Section 72 of the Regulation - O. Reg. 941:

72. (1) In this section,

"harassment" means engaging in a course of vexatious comment or harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known as unwelcome and that might reasonably be regarded as interfering in a professional engineering relationship;

“negligence” means an act or an omission in the carrying out of the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstances.

Professional Misconduct(2) For the purposes of the Act and this Regulation,

“professional misconduct” means,p e a c d c ea ,

(a) negligence,

(b) failure to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by the work for health or property of a person who may be affected by the work for which the practitioner is responsible,

(c) failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the publicbelieves may endanger the safety or the welfare of the public,

(d) failure to make responsible provision for complying with applicable statutes, regulations, standards, codes, by-laws and rules in connection with work being undertaken by or under the in connection with work being undertaken by or under the responsibility of the practitioner,

(e) signing or sealing a final drawing, specification, plan, report or other document not actually prepared or checked by the other document not actually prepared or checked by the practitioner,


(f) failure of a practitioner to present clearly to the practitioner’s ( ) a e a p ac e p e e c ea y e p ac e employer the consequences to be expected from a deviation proposed in work, if the professional engineering judgment of the practitioner is overruled by non-technical authority in cases where the practitioner is responsible for the technical adequacy of professional engineering work,

(g) breach of the Act or regulations, other than an action that is solely a breach of the code of ethics,

(h) undertaking work the practitioner is not competent to perform by virtue of the practitioner’s training and experience,

Professional Misconduct(i) failure to make prompt, voluntary and complete disclosure of an interest, direct or indirect, that might in any way be, or be construed as, prejudicial to the professional judgment of the practitioner in rendering service to the public, to an employer or to a client, and in particular, without limiting the generality of the foregoing, carrying

f h f h k hout any of the following acts without making such a prior disclosure:

1. Accepting compensation in any form for a particular service from more than one party.

2. Submitting a tender or acting as a contractor in respect of work upon which the practitioner may be performing as a professional engineer.

3. Participating in the supply of material or equipment to be used by the employer or client of the practitioner.

Professional Misconduct4. Contracting in the practitioner’s own right to perform

professional engineering services for other than the practitioner’s employer.

5. Expressing opinions or making statements concerning matters within the practice of professional engineering of public interest where the opinions or statements are inspired or paid for by other interests.

(j) conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional,

(k) failure by a practitioner to abide by the terms, conditions or limitations of the practitioner’s licence, provisional licence, limited licence, temporary licence or certificate,


(l) failure to supply documents or information requested by an ( ) a e pp y d c e a eq e ed y a investigator acting under section 33 of the Act,

(m) permitting, counselling or assisting a person who is not a practitioner to engage in the practice of professional engineering p g g p p g gexcept as provided for in the Act or the regulations,

(n) harassment.

The Code of Ethics

Section 77 of the Regulation - O. Reg. 941:77 The follo ing is the Code of Ethics of the Association77. The following is the Code of Ethics of the Association:

1. It is the duty of a practitioner to the public, to the practitioner’s employer, to the practitioner’s clients, to other members of the practitioner’s profession and to the practitioner to act at all times practitioner’s profession, and to the practitioner to act at all times with,

i. fairness and loyalty to the practitioner’s associates, employers, clients subordinates and employeesclients, subordinates and employees,

ii. fidelity to public needs,

iii. devotion to high ideals of personal honour and professional integrity,

iv.knowledge of developments in the area of professional engineering relevant to any services that are undertaken, and

v. competence in the performance of any professional engineering services that are undertaken.

The Code of Ethics2. A practitioner shall,

i. regard the practitioner’s duty to public welfare as paramount,ega d e p ac e d y p c e a e a pa a ,

ii. endeavour at all times to enhance the public regard for the practitioner’s profession by extending the public knowledge thereof and discouraging untrue, unfair or exaggerated g g , ggstatements with respect to professional engineering,

iii. not express publicly, or while the practitioner is serving as a witness before a court, commission or other tribunal, opinions on , , pprofessional engineering matters that are not founded on adequate knowledge and honest conviction,

iv.endeavour to keep the practitioner’s licence, temporary licence, p p , p y ,provisional licence, limited licence or certificate of authorization, as the case may be, permanently displayed in the practitioner’s place of business.

The Code of Ethics

3. A practitioner shall act in professional engineering matters for each 3 p ac e a ac p e a e g ee g a e eac employer as a faithful agent or trustee and shall regard as confidential information obtained by the practitioner as to the business affairs, technical methods or processes of an employer and avoid or disclose a conflict of interest that might influence the practitioner’s actions or judgment.

4. A practitioner must disclose immediately to the practitioner’s client any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of the practitioner in rendering service to the client.

The Code of Ethics

5. A practitioner who is an employee-engineer and is contracting in 5 p ac e a e p yee e g ee a d c ac g the practitioner’s own name to perform professional engineering work for other than the practitioner’s employer, must provide the practitioner’s client with a written statement of the nature of the practitioner’s status as an employee and the attendant limitations on the practitioner’s services to the client, must satisfy the practitioner that the work will not conflict with the practitioner’s duty to the

’ l d f h ’ l practitioner’s employer, and must inform the practitioner’s employer of the work.

6. A practitioner must co-operate in working with other professionals d engaged on a project.

The Code of Ethics7. A practitioner shall,

i. act towards other practitioners with courtesy and good faith,ac a d e p ac e c e y a d g d a ,

ii. not accept an engagement to review the work of another practitioner for the same employer except with the knowledge of the other practitioner or except where the connection of the p pother practitioner with the work has been terminated,

iii. not maliciously injure the reputation or business of another practitioner,p ,

iv.not attempt to gain an advantage over other practitioners by paying or accepting a commission in securing professional engineering work, andg g ,

v. give proper credit for engineering work, uphold the principle of adequate compensation for engineering work, provide opportunity for professional development and advancement of pp y p pthe practitioner’s associates and subordinates, and extend the effectiveness of the profession through the interchange of engineering information and experience.

The Code of Ethics

(8) A practitioner shall maintain the honour and integrity of the (8) p ac e a a a e a d eg y e practitioner’s profession and without fear or favour expose before the proper tribunals unprofessional, dishonest or unethical conduct by any other practitioner.

The Code of Ethics

G l i i l f th C d f Ethi General principles of the Code of Ethics: Duty to Society. Duty to Employers Duty to Employers. Duty to Clients. Duty to Colleagues. Duty to Employees and Subordinates. Duty to the Profession.

Duty to Oneself Duty to Oneself.

The Code of Ethics

Duty to society: Most important duty Most important duty. Duty to protect the safety, health, and welfare of

society whenever society is affected by their work. The professions receive the privilege of self-

regulation. Duty to employers: Duty to employers:

Must act fairly and loyally to the employer. Must keep the employer's business confidential. Must disclose any conflict of interest.

The Code of Ethics

Duty to clients: Same obligations to clients as an employee has to Same obligations to clients as an employee has to

the employer. Duty to colleagues:

Must act with courtesy and good will toward colleagues.

The Codes of Ethics states specifically that fellow The Codes of Ethics states specifically that fellow professionals must be informed whenever their work is reviewed.

Duty to employees and subordinates: Duty to employees and subordinates: Must recognize the rights of others, especially if

they are employees or subordinates.

The Code of Ethics

Duty to the profession: Must maintain the dignity and prestige of the Must maintain the dignity and prestige of the

profession. Must avoid scandalous, dishonourable, or

di f l d tdisgraceful conduct. Duty to oneself:

Must ensure that the duties to others are balanced Must ensure that the duties to others are balanced by the individual's own rights.

Must insist on adequate payment, a satisfactory work environmentwork environment.

Strive for excellence and maintain competence in the rapidly changing technical world.

Ethical Problem-Solving Strategyg gy

Recognize problem exists and gather information: Who is involved? What type of harm or damage has occurred?

Where when why and how has harm occurred? Where, when, why, and how has harm occurred? Define ethical problem. Generate alternative solutions (synthesis).( y ) Evaluate alternative solutions (analysis):

Legality.Utilit i thi Utilitarian ethics.

Duty-based ethics. Rights-based ethics. Virtue-based ethics.


D i i ki d ti i ti Decision making and optimization: Select the optimum.

Reconsider any deadlocks Reconsider any deadlocks. Resolve deadlocks. Fairness check Fairness check.

Implement the solution.


EGAD t t EGAD strategy: E (Ethical Issues).

G (Generate) G (Generate). A (Analyze). D (Decide) D (Decide).

Case Study #1y

ABC's chemical waste is stored in a warehouse at an off site locationwarehouse at an off-site location.

While inspecting the warehouse, you notice several leaking drumsseveral leaking drums.

You call Tom Treehorn, head of ABC's Division of Chemical Waste Tom respondsDivision of Chemical Waste. Tom responds"I'll be right over with a crew to bring the leaking drums over here".drums over here .

You point out that the law forbids returning chemical waste to the "home" site.chemical waste to the home site.

Case Study #1y

Tom replies" k b d h f d h "I know, but I don't have any confidence in the off-site folks handling this. We know how to handle this best It might not be the letter of the handle this best. It might not be the letter of the law, but our handling it captures its spirit".

You believe that Tom Treehorn is serious You believe that Tom Treehorn is serious about preventing environmental problems –especially those that might be caused by p y g yABC.

Case Study #1y

Still, you know that the environmental authorities will be upset if they find out aboutauthorities will be upset if they find out about Tom's way of dealing with the problem; and if anything goes wrong, ABC could get intoanything goes wrong, ABC could get into serious legal difficulties. After all, you think, ABC is not a waste disposal facility.

Both you and Tom are Professional Engineers.

Using the EGAD methodology, analyze this case and propose an ethically correct

h h ld b kiapproach you should be taking.

Solution to Case Study #1y

E – Ethical Issues:It i i t th l t l k i h i l It is against the law to move a leak in chemical waste offsite. If Tom removes the waste he is in violation of the law.

If you let Tom remove the waste and return it to the home location, it could contaminate both sites and the travel route as welland the travel route, as well.

You and he would both be contravening CoE: 1(ii): fidelity to public needs.( ) y p 2(i): duty to public welfare. 1(iii) and 8: honour and integrity.


You and he may both be found guilty of You and he may both be found guilty of professional misconduct: (c): endanger safety/welfare of the public. (d): failure to comply with statues. (a): negligence. (j): disgraceful, dishonourable conduct.(j): disgraceful, dishonourable conduct.


G – Generate Alternatives:1 D thi t id th dil i1. Do nothing to avoid the dilemma – meaning,

allow Tom to remove the waste and not tell anyone.

2. You could approach Tom and try to reason with him. Perhaps he could come down and supervise the off site clean up crewthe off-site clean-up crew.

3. Immediately telephone the your boss and report the situation.

4. Immediately telephone the Occupational Heath and Safety board (or a representative within the company) and report the leakcompany) and report the leak.

5. Call the PEO and report Tom.


A – Analyze Alternatives:1 Alt ti 1 i t bl it i l t th1. Alternative 1 is unacceptable as it violates the

Code of Ethics and constitutes professional misconduct for both you and Tom.

2. Alternative 2 is a good first step to convince Tom to leave the waste and to follow appropriate procedures for its clean upprocedures for its clean-up.

3. Alternative 3 is also a good choice if alternative 2 doesn't work. Perhaps together you can solve the p g yproblem with ABC's management.


4 Alternative 4 is a good last choice if the above4. Alternative 4 is a good last choice, if the above alternatives do not resolve the situation satisfactorily and ABC (Tom) refuses to budge. If this choice is implemented you are also obligated to call PEO and report Tom for his violations according to the Duty to Report.a o d g o u y o po

5. Alternative 5 is an option after you made a decision.


D – Decision:D tt t t h T ' i d b t i Do attempt to change Tom's mind about moving the waste.

If you cannot you need to take all steps necessaryIf you cannot you need to take all steps necessary in order to prevent him from doing so.

Start with a call to your boss and a hopefully a ti f i di i ith th t fsatisfying discussion with the management of

ABC. If not, you need to proceed to calling the If not, you need to proceed to calling the

Occupational Health and Safety Board and the PEO.

Case Study #2y

Scott Bennett is the engineer (member of PEO) assigned to deal with vendors whoPEO) assigned to deal with vendors who supply needed parts to the Upscale Company.

Larry Newman sales representative from one Larry Newman, sales representative from one of Upscale's regular vendors, plays in the same golf league as Scott.sa e go eague as Scott

One evening they go off in the same foursome. Sometime during the round Scott gmentions that he is really looking forward to vacationing in Florida next month.

Case Study #2y

L hi l d i Fl id Larry says his uncle owns a condo in Florida that he rents out during the months he and his family are up northhis family are up north.

Larry offers to see if the condo is available next month – assuring Scott that the rentalnext month assuring Scott that the rental cost would be quite moderate.

Case Study #2y

Later on, Larry tells Scott he can rent his uncle's condo for $100 a week:uncle s condo for $100 a week:"My uncle gets nervous when he rents to total strangers He likes to have reliable people stay in strangers. He likes to have reliable people stay in his condo; the condo is paid for, and my uncle isn't interested in making money on it – he just g y jwants a little help meeting basic operating expenses and the taxes."

Case Study #2y

Scott accepts the offer and begins making plans for his vacationplans for his vacation.

Just before leaving, an Upscale vice president sends out a new policy statement that sayssends out a new policy statement that says, among other things:"Accepting incentives from vendors is strictly Accepting incentives from vendors is strictly prohibited"

Using the EGAD methodology, analyze this Using the EGAD methodology, analyze this case and propose an ethically correct approach Scott should have taken.

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