ethics

Preamble 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.

I. Fundamental Canons Engineers, in the fulfillment of their professional duties, shall:

1. Hold paramount the safety, health, and welfare of the public.

2. Perform services only in areas of their competence.

3. Issue public statements only in an objective and truthful

manner.

4. Act for each employer or client as faithful agents or trustees.

5. Avoid deceptive acts.

6. Conduct themselves honorably, responsibly, ethically,

and lawfully so as to enhance the honor, reputation, and

usefulness of the profession.

II. Rules of Practice 1. 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.

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.

III. 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.

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.

f. Engineers shall treat all persons with dignity, respect,

fairness, and without discrimination.

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 development1 in order to protect the

environment for future generations.

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 seminar.

1420 KING STREET, ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • [email protected] • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2019 • PUBLICATION #1102 ©NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ALL RIGHTS RESERVED.

Code of Ethics for Engineers

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.

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.

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.

Footnote 1 “Sustainable development” is the challenge of meeting

human needs for natural resources, industrial products, energy,

food, transportation, shelter, and effective waste management while

conserving and protecting environmental quality and the natural

resource base essential for future development.

“By order of the United States District Court for the

District of Columbia, former Section 11(c) of the NSPE

Code of Ethics prohibiting competitive bidding, and all

policy statements, opinions, rulings or other guidelines

interpreting its scope, have been rescinded as unlawfully

interfering with the legal right of engineers, protected

under the antitrust laws, to provide price information to

prospective clients; accordingly, nothing contained in the

NSPE Code of Ethics, policy statements, opinions, rulings

or other guidelines prohibits the submission of price

quotations or competitive bids for engineering services

at any time or in any amount.”

Statement by NSPE Executive Committee In order to correct misunderstandings which have been

indicated in some instances since the issuance of the

Supreme Court decision and the entry of the Final Judgment,

it is noted that in its decision of April 25, 1978, the Supreme

Court of the United States declared: “The Sherman Act does

not require competitive bidding.”

It is further noted that as made clear in the Supreme Court

decision:

1. Engineers and firms may individually refuse to bid for

engineering services.

2. Clients are not required to seek bids for engineering

services.

3. Federal, state, and local laws governing procedures

to procure engineering services are not affected, and

remain in full force and effect.

4. State societies and local chapters are free to actively

and aggressively seek legislation for professional

selection and negotiation procedures by public

agencies.

5. State registration board rules of professional conduct,

including rules prohibiting competitive bidding for

engineering services, are not affected and remain in

full force and effect. State registration boards with

authority to adopt rules of professional conduct may

adopt rules governing procedures to obtain engineering

services.

6. As noted by the Supreme Court, “nothing in the

judgment prevents NSPE and its members from

attempting to influence governmental action . . .”

Note: In regard to the question of application of the Code to

corporations vis-a-vis real persons, business form or type should

not negate nor influence conformance of individuals to the Code.

The Code deals with professional services, which services must

be performed by real persons. Real persons in turn establish and

implement policies within business structures. The Code is clearly

written to apply to the Engineer, and it is incumbent on members

of NSPE to endeavor to live up to its provisions. This applies to all

pertinent sections of the Code.

1420 KING STREET, ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • [email protected] • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2019 • PUBLICATION #1102 ©NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ALL RIGHTS RESERVED.