Professional Ethics

Defining Ethics

Ethics Codes Are Dynamic

• Reevaluated when ethical dilemmas arise• Must be applicable• Change over the years:

Early Years• Advertising• Competitive bidding• Self promotion

Today• Signing and sealing work• Whistleblowing• Conflict of interests

Obligation to protect PUBLIC HEALTH AND SAFETY

FUNDAMENTAL CANON 1

Promote health, safety, and welfare of public

FUNDAMENTAL CANON 2

Perform services only where competent

FUNDAMENTAL CANON 3

Objective and truthful in public statements

FUNDAMENTAL CANON 4

Act as faithful agents

FUNDAMENTAL CANON 5

Avoid deceptive acts

FUNDAMENTAL CANON 6

Enhance reputation of profession

Tests for Use

Consider: • The Golden Rule•No special gains•News headline

We Can Ask Ourselves…

• Long Term Impact?• Right Thing to do?• Reflection of My Company’s

Values?

For Advice:Arthur Schwartz, Legal Counsel

National Society of Professional Engineers

aschwatrz@nspe.org

Review Cases:• www.nspe.org - National Society of Professional

Engineers

• www.niee.org - National Institute of Engineering Ethics

Sample Case – BER Case 11-8

• Tom works for Company X which is owned by Steve. • Company X is experiencing financial problems and

Steve recently created another company, Company Y.• Tom learned that Steve advised clients of Company X to

remit payments for work performed by Company X to new Company Y.

What are Tom’s ethical obligations?

BER Discussion Case 11-8

• NSPE Code of Ethics References:• Section I.6.• Section II.1.d.• Section III.7.

• If Tom is not convinced that Steve is operating his business in an ethical and legal, he should resign and bring his concerns to the state licensing board.

BER Case 13-1 Page 9

• Question: Was it ethical for Engineer A to submit a proposal to serve as the owner’s representative for the utility on the project?

• NSPE Code of Ethics References:Section II.3.a. Section II.4.d. Section III.4.a.Section II.4.a. Section II.4.e.

• Conclusion: Not ethical

• Question: Was it ethical for Engineer A to refuse to return copies of the work to Firm X?

• NSPE Code of Ethics References:Section III.8. Section III.9.a. Section III.9.d.Section III.9. Section III.9.b.

• Conclusion: Not ethical – Engineer A and Firm X should first discuss and negotiate the terms and conditions of his departure, including the disposition of work prepared by Engineer A during his employment with Firm X. While it is true that Engineer A has legitimate interests in the work he signed and sealed, Firm X also has proprietary and other rights and interests that should be respected by Engineer A.

BER Case 13-10 Page 13

• Question: Would it be ethical for Engineer A to accept the engineering position with Engineering Firm M?

• NSPE Code of Ethics References:Section III.4. Section III.4.a. Section III.4.b.

• Conclusion: Ethical, provided that Engineer A does not perform any services in connection with the current litigation between Client T and Client U. Prior to accepting employment with Firm M, Engineer A has an ethical obligation to advise Firm M regarding his obligation to maintain the confidential information of Engineer A’s former clients, Attorney X and Client T.

BER Case 13-12 Page 14

• Question: Was it ethical for Engineer A to fail to disclose to all parties involved that Subcontractor L owed Engineer A $25,000 in professional fees?

• NSPE Code of Ethics References:Section II.4.Section III.4.Section II.4.a. Section III.5.

• Conclusion: Not ethical

BER Case 13-5 Page 11

•Questions:

• Was it unethical for Engineer A to fail to include all of the members of the research team in the abstract?

• Was it ethical for Engineer A to propose to present at the technical society conference?

BER Case 13-6 Page 12

•NSPE Code of Ethics References:Section II.3. Section III.6. Section III.9.a.Section II.3.a. Section III.9.

• Conclusions:• Not ethical (unethical)• Not ethical – Engineer A first should consult with

Engineer B.

BER Case 13-6 Page 12

BER Case 13-3Page 10

• Question: Would it be ethical for Engineer A to sign off on the change order?

• NSPE Code of Ethics References:Section II.3.Section II.5.Section II.4.Section III.1.

• Conclusion: Not ethical – If Engineer A is pressured by Supervisor B to relent and approve the proposed change order, Engineer A would have an obligation to bring this matter up to appropriate authorities within the State X Department of Transportation or such other authorities as appropriate.

Professional Ethics