Volkswagen Emissions Scandal
Engineering Ethics
2017 SEI Structures Congress
Denver, CO
April 6, 2017
Out of Sight, Out of Mind, Not Out of Risk
What is Ethics?
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A system of moral principles
Set of rules for what’s right and what’s wrong
Code of conduct governing behavior
Guideline for making good decisions
List of professional responsibilities
Duties you owe to other people and to society as a whole
The Engineer’s Responsibilities
The Engineer, Family, Personal Values & Goals
Public
Clients and Employers
Other Professionals, Colleagues, Employees
The Engineering Profession
Environment, Earth, Future Generations
Law, Government, Public Agencies
How Do You Solve an Ethical Dilemma?
Study the code of ethics
Ask the right questions
Look for additional resources
When in doubt, seek help!
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ASCE Code of Ethics
Engineers shall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their professional duties.
Engineers shall perform services only in areas of their competence.
Engineers shall issue public statements only in an objective and truthful manner.
Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
ASCE Code of Ethics
Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others.
Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the engineering profession and shall act with zero tolerance for bribery, fraud, and corruption.
Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those engineers under their supervision.
Tips for Resolving an Ethical Dilemma
Suggested Tests for Evaluating Actions
(M. Davis [1997], C. Skooglund, J. Smith, & P. Harper)
Harms test Do the benefits outweigh the harms, both short-term and long-term?
Reversibility test Would I think this was a good choice if I traded places?
Colleague test What would my professional colleague say?
Legality test Would my choice violate a law, or a policy of my employer?
Publicity test How would my choice look on the front page of tomorrow’s newspaper?
Common practice test What if everyone behaved this way?
Wise relative test What would my grandmother say? Would I want her to know what I’m doing?
Hiding test Do I want people to know what I’m doing?
Self-respect test How will I feel about myself after I make this choice?
Engineering Ethics: Are you in JEOPARDY ?
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True or False?
Fill In The Blank
To Report or Not To Report
You Make the Call
What’s Wrong With That?
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TRUE OR FALSE - 100
T/F: Engineers have an ethical obligation to seek continuing education.
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ASCE, Canon 7, Guidelines a and b
Engineers should keep current in their specialty fields by engaging in professional practice, participating in continuing education courses, reading in the technical literatures, and attending professional meetings and seminars.
ASCE, Fundamental Canon 2
Engineers shall perform services only in the areas of their competence.
TRUE OR FALSE - 100
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T/F: An engineer may never make personal use of a client’s confidential information.
TRUE OR FALSE - 200
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ASCE, Canon 4, Guideline f
Engineers shall not use confidential information coming to them in the course of their assignments as a means of making personal profit if such action is adverse to the interests of their clients, employers, or the public.
TRUE OR FALSE - 200
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TRUE OR FALSE - 300
T/F: It is unethical to review another engineer’s work without that engineer’s knowledge or consent.
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TRUE OR FALSE - 300
ASCE, Canon 5, Guidelines g
Engineers shall not maliciously or falsely, directly or indirectly, injure the professional reputation, prospects, practice, or employment of another engineer or indiscriminately criticize another’s work.
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TRUE OR FALSE - 400
T/F: It is unethical for an engineer to accept a fee for expert witness testimony that is assessed as a percentage of the party’s recovery.
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TRUE OR FALSE - 400
ASCE, Canon 5, Guideline c
Engineers may request, propose, or accept professional commissions on a contingent basis only under circumstances in which their professional judgments would not be compromised.
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DAILY DOUBLE
DAILY
DOUBLE
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DAILY DOUBLE
T/F: Engineers may continue to perform engineering services despite having a conflict of interest, as long as they have consent from all parties involved.
TRUE OR FALSE - 500
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DAILY DOUBLE
TRUE OR FALSE - 500
ASCE, Canon 4, Guideline a
Engineers shall avoid all known or potential conflicts of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interests, or circumstances which could influence their judgment of the quality of their services.
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FILL IN THE BLANK - 100
Above all other considerations, even over other conflicting ethical principles, an engineer’s paramount ethical responsibility is _______________.
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FILL IN THE BLANK - 100
ASCE Fundamental Canon 1
Engineers shall hold paramount the safety, health, and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their professional duties.
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An engineer whose professional judgment is overruled in a situation where the public health, safety, or welfare is endangered shall _______________.
FILL IN THE BLANK - 200
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ASCE Canon 1, Guideline c
Engineers whose professional judgment is overruled under circumstances where the safety, health, and welfare of the public are endangered… shall inform their clients or employers of the possible consequences.
FILL IN THE BLANK - 300
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FILL IN THE BLANK - 300
If an engineering assignment includes work outside the engineer’s field of competence, the engineer must _______________.
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FILL IN THE BLANK - 300
ASCE Canon 2, guideline b
Engineers may accept an assignment requiring education or experience outside of their own fields of competence, provided their services are restricted to those phases of the project in which they are qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees.
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FILL IN THE BLANK - 400
An engineer is looking to boost her retirement savings by taking separate work outside of her regular employment. The work does not compete with her employer, and it will all be done in her off hours.
She should _____________.
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FILL IN THE BLANK - 400
ASCE Canon 4, Guideline g
Engineers shall not accept professional employment outside of their regular work or interest without the knowledge of their employers.
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FILL IN THE BLANK - 500
An engineer wishes to make a presentation on a new method at an ASCE conference. A manufacturer of products related to that particular method offers to pay for her travel and expenses. The engineer should ___________.
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FILL IN THE BLANK - 500
ASCE Canon 3, guideline f
Engineers shall issue no statements, criticisms, or arguments on engineering matters which are inspired or paid for by interested parties, unless they indicate on whose behalf the statements are made.
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An engineer’s old college friend asks for advice on an engineering matter.
Though the engineer is not licensed in the state where the friend lives, and the subject is not within the engineer’s particular area of expertise, there’s no harm in giving a friend some simple advice.
WHAT’S WRONG WITH THAT - 100
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ASCE Canon 5, Guideline d
Engineers shall not falsify or permit misrepresentation of their academic or professional qualifications or experience.
WHAT’S WRONG WITH THAT - 100
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PE unexpectedly passes away before placing seal on engineering plans.
Another PE carefully reviews the plans and places his own seal on the plan.
WHAT’S WRONG WITH THAT - 200
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ASCE Canon 2, Guideline c
Engineers shall not affix their signatures or seals to any engineering plan or document… not reviewed or prepared under their supervisory control.
WHAT’S WRONG WITH THAT - 200
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WHAT’S WRONG WITH THAT - 200
Florida:
Rule 61G15-27.001, F.A.C. “A successor engineer seeking to reuse already sealed documents must be able to document that the successor engineer has, in fact, recreated all the work done by the original engineer. In other words, all site visits, research, and the like must be documented and producible upon demand”
New York:
Sect. 29.3(a)(3) requires that when a licensee reviews work prepared by others, a thorough written evaluation of the work must be prepared and retained by the licensee for a period of not less than six years. This report shall include and address:
A thorough written evaluation of drawings and specifications; reports; design calculations and references to applicable codes and standards against which the work was checked.
The report shall identify the common name of the project; owner of the project and/or the client; the preparer of the documents; date of evaluation; documents reviewed, with listing of dates of issue.
Conformance with applicable codes including, but not limited to: town, city, state and federal codes; appropriate professional standards (ASME, IEEE, ASTM, etc.).
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Employer encourages staff to donate to political campaigns for incumbent state decision-makers. Staff that do so are rewarded by bonuses, promotions, and other benefits.
WHAT’S WRONG WITH THAT - 300
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ASCE Canon 5, guideline a
Engineers shall not give, solicit, or receive either directly or indirectly, any political contribution, gratuity, or unlawful consideration in order to secure work, exclusive of securing salaried positions through employment agencies.
WHAT’S WRONG WITH THAT - 300
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Engineering employer looking for new engineers instructs HR staff not to interview any candidate who is not a natural-born U.S. citizen.
WHAT’S WRONG WITH THAT - 400
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PROPOSED Canon 8
Engineers shall, in all matters related to their profession, treat other persons fairly and encourage equitable participation without regard to gender or gender identity, race, national origin, ethnicity, religion, age, sexual orientation, disability, political affiliation, or family, marital, or economic status.
WHAT’S WRONG WITH THAT - 400
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Engineer is a decision-maker for firm on major equipment purchase.
Knowing the engineer is a big NFL fan, one vendor invites him to meet and greet with sales team in firm’s luxury suite at the stadium.
WHAT’S WRONG WITH THAT - 500
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ASCE Canon 4, guideline c
Engineers shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with their clients or employers in connection with work for which they are responsible.
WHAT’S WRONG WITH THAT - 500
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Engineer hired to assist a client in addressing problems with a plan prepared by the client’s prior engineer.
Based on his review of the prior engineer’s work, the engineer believes that the prior engineer was grossly negligent or not competent to perform the services provided.
TO REPORT OR NOT TO REPORT - 100
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ASCE Canon 1, Guideline d
Engineers who have knowledge or reason to believe that another person or firm may be in violation of any of the provisions of Canon 1 shall present such information to the proper authority in writing and shall cooperate with the proper authority in furnishing such other information or assistance as may be required.
TO REPORT OR NOT TO REPORT - 100
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An ASCE member reads a notice from the state board about an engineer whose license was revoked for practicing outside his/her area of competence.
The reader knows that the person named in this notice is also an ASCE member.
TO REPORT OR NOT TO REPORT - 200
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TO REPORT OR NOT TO REPORT - 200
ASCE Bylaws, Section 3.0.1
Violations. It is the duty of every Society member to report promptly to the Committee on Professional Conduct any observed violation of the Society’s Code of Ethics.
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Engineer tasked with inspecting certain elements of building for sale notices a problem with external facade. If a large piece should break off, could cause serious injury to passerby.
Client refuses to address problem, not wanting to impact sale. When engineer persists, Client reminds him of confidentiality agreement he signed.
TO REPORT OR NOT TO REPORT - 300
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TO REPORT OR NOT TO REPORT - 300
ASCE Canon 1, guideline d
Engineers who have knowledge or reason to believe that another person or firm may be in violation of any of the provisions of Canon 1 shall present such information to the proper authority in writing…
ASCE Canon 4
Engineers shall act in professional matters for each employer or client as faithful agents or trustees…
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Engineer performs post-disaster assessment of home, submits and seals report attributing structural damage to hurricane forces.
Later, engineer discovers that a senior member of firm altered the report without the engineer’s knowledge, attributing the damage to long-term differential settlement.
TO REPORT OR NOT TO REPORT - 400
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ASCE Canon 3, guideline b
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.
ASCE Canon 4
Engineers shall act in professional matters for each employer or client as faithful agents or trustees…
TO REPORT OR NOT TO REPORT - 400
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The owner/principal of an engineering company discovers that one or more of his employees has paid money to a foreign government official in exchange for engineering work.
TO REPORT OR NOT TO REPORT - 500
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ASCE Canon 6, Guideline c
Engineers shall act with zero tolerance for bribery, fraud, and corruption in all engineering or construction activities in which they are engaged.
TO REPORT OR NOT TO REPORT - 500
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An engineer visiting a construction site observes an unshored trench which could cause serious harm to construction workers if it collapsed.
The engineer’s contract expressly disclaims responsibility for construction means or job site safety, and the engineer takes no action to address the issue or give warning.
YOU MAKE THE CALL - 100
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ASCE Fundamental Canon 1
Engineers shall hold paramount the safety, health and welfare of the public…
ASCE Canon 1, guideline a
Engineers shall recognize that the lives, safety, health and welfare of the general public are depending upon engineering judgments, decisions, and practices incorporated into structures, machines, products, processes, and devices.
YOU MAKE THE CALL - 100
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An engineer performing services as a sole proprietor creates false business expenses and vastly under-reports his revenue on his federal income taxes.
The IRS uncovers the deceit, and the engineer is convicted of tax evasion.
YOU MAKE THE CALL - 200
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ASCE Fundamental Canon 6
Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the engineering profession and shall act with zero tolerance for bribery, fraud, and corruption.
YOU MAKE THE CALL - 200
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An engineering firm does significant work for a state agency. At the same time, the firm’s principals routinely make large contributions to the Governor’s campaign fund and to state and local political party committees.
YOU MAKE THE CALL - 300
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ASCE Canon 5, guideline a
Engineers shall not give, solicit, or receive either directly or indirectly, any political contribution, gratuity, or unlawful consideration in order to secure work, exclusive of securing salaried positions through employment agencies.
YOU MAKE THE CALL - 300
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Engineer abruptly leaves his job to open a private practice. Immediately after leaving, engineer contacts former clients to advise that old firm is incapable of providing quality service and inviting clients to leave with him.
Meanwhile, employer is contacting the same clients, claiming that the former employee was incompetent and dishonest.
YOU MAKE THE CALL - 400
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YOU MAKE THE CALL - 400
ASCE Canon 4
Engineers shall act in professional matters for each employer or client as faithful agents or trustees…
ASCE Canon 5, guideline g
Engineers shall not maliciously or falsely, directly or indirectly, injure the professional reputation, prospects, practice, or employment of another engineer or indiscriminately criticize another’s work.
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An engineer serves as appointed chair of a county planning board. The engineer is also a principal of an engineering and surveying firm. From time to time, clients who have subcontracted work to the engineer’s firm appear before the board.
The chair discloses the information and does not contribute to the discussion or cast a vote, but he continues to preside as chair of the board meeting.
YOU MAKE THE CALL - 500
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YOU MAKE THE CALL - 500
ASCE Canon 4, guideline d
Engineers in public service as members, advisors, or employees of a governmental body or department shall not participate in considerations or actions with respect to services solicited or provided by them or their organization in private or public engineering practice.
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Your Role in Promoting Ethical Behavior
Make good decisions…
Policies = review applicable codes of ethics, policies
Law = understand the law and your legal obligations
Universal = what is generally understood to be the right thing to do; talk to others whose opinions you respect
Self = what do you think; do you feel good about decision you make
…and help others do the same
Create a corporate culture that promotes ethics
Define your organization’s values
Communicate those values
Demand compliance
Reward compliance and penalize noncompliance