3.0 Engineers in Industry, Management
January 19, 2003
ES 498G:
Engineering Ethics,
Sustainable Development
and the Law
Joel Adams
Jadams@uwo.ca
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.1 Key Topics
1. Professionalism, Ethics, the Code, Enforcement
• Professionalism, Ethical Theory, the Code
• Engineers in Industry, Management, Private Practice
• Negligence, Misconduct, Incompetence, Enforcement
2. The Legal System, Torts, and Contracts
• The Canadian Legal System, Business Organization
• Tort Law: Standard of Care, Liability, Product Safety
• Contract Law:
3. Risk Management, Engineers and the Environment
• Ethics and Management of Risk
• Environmental Ethics and PEO Guidelines
• Sustainable Development
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.2 Last Class
1. Review of First Class
1. Introduction to Course
2. Quick Review of Ethics
2. Problems of Engineers in Industry
• Introduction to Issues
• Introduction to Case Studies
• Case Studies from Andrews, Ch. 7
•
Assignment
• Position Paper
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.3 Today’s Class
1. Review of the Professional Engineers Act
• The Code of Ethics
• Professional Misconduct
2. Problems of Engineers in Industry (continued)
• Case Studies from Andrews, Ch. 7
3. Problems of Engineers in Management
• Introduction to Issues
• Case Studies from Andrews, Ch. 8
•
Assignment
• Keep working on your Position Paper!
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.4 The Professional Engineers Act (Ontario)
• “The Professional Engineers Act” (O. Reg. 941)
• Links to the Ontario Regulation 941:
“Code of Ethics (Section 77 of O. Reg. 941)”
http://www.peo.on.ca/publications/code_of_ethics.html
“Professional Misconduct (Section 72 of O. Reg. 941)”
http://www.peo.on.ca/publications/guidelines2001/prof_misconduct.htm
“Misconduct and Incompetence (2, 3, from Section 28)”
http://192.75.156.68/DBLaws/Statutes/English/90p28_e.htm
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.5 For Case Studies, Remember…
• Design Approach to Cases
1. Recognize the Need or Problem
2. Gather Information and Define the Problem
3. Generate Alternative Solutions (Synthesis)
4. Evaluate Alternatives (Analysis)
5. Decision Making and Optimization
6. Implementation
• Also, Answer these Questions
• Is this a Code of Ethics issue? What part?
• Do engineers accept greater responsibility than others?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.6 Case 7.3: Part-Time Employment (Moonlighting)
• Question
• Is it ethical for Fortescue to carry on his part-time
employment in this manner?
• Recommended Solution for Philip Fortescue
• Should engineers be allowed to moonlight?
• What does the Code of Ethics say?
• Does Fortescue’s lack of getting a raise or promotion
justify his actions in any way?
• Can he be disciplined under the code or require liability
insurance to practice?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.7 Case 7.4: Engineers as Members of Unions
• Question
• Is it ethical for engineers to join the shop labour union?
• Recommended Solution for Jeanne Giroux
• If it is ethical and legal, is this the right question?
• Should they join a union?
• Should they join the shop union?
• What would you do?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.8 Case 7.5: False or Misleading Eng. Data in Ads
• Question
• What should Adams do?
• Recommended Solution for Audrey Adams
• Would inform your boss first?
• Would you document your correspondence?
• What if they were dishonest?
• What could happen to you if you didn’t act?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.9 Case 7.6: Disclosing Proprietary Information
• Question
• What would you do if you were the engineer from
Company A?
• Recommended Solution for Engineer A
• Does the cost of the research factor into the decision?
• Could you go directly to the other company or public?
• What if you weren’t a P.Eng? Would you still consider
public safety over your employer? Would you risk your
job even if you weren’t 100% about the issue?
• What is the problem wasn’t safety related?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.10 Engineers in Management
• Adherence to the Provincial Act
• Professional Engineers in Management are still bound to the act
• It is Illegal to use unlicensed personnel to do Prof. Engineering
• It is Illegal to misuse Engineering titles
• Unlicensed Personnel
• Must perform professional engineering under P.Eng. supervision
• You (P.Eng.) are obligated to correct this – How?
• Misuse of Engineering Titles
• Not just “Professional Engineer” but also “Engineer”
• What are some common examples?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.11 Engineers in Management
• Adherence to the Provincial Act
• Professional Engineers in Management are still bound to the act
• It is Illegal to use unlicensed personnel to do Prof. Engineering
• It is Illegal to misuse Engineering titles
• Unlicensed Personnel
• Must perform professional engineering under P.Eng. supervision
• You (P.Eng.) are obligated to correct this – How?
• Misuse of Engineering Titles
• Not just “Professional Engineer” but also “Engineer”
• What are some common examples?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.12 Discrimination in Management
• Charter of Rights and Freedoms prohibits discrimination on the
basis of:
• Race
• National or Ethnic Origin
• Colour
• Religion
• Sex
• Age
• Mental or Physical Disability
• There are some exceptions to the Charter
• Watch out for illegal practices in Interview situations:
• Questions about martial status
• Plans to get married, have children, etc.
• What do you do? Be ready.
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.13 Special Problems related to Computers
•
Computer Security and Backup
• Very important, especially in small office with limited resources
•
Software Piracy
• Very common in industry (not just in residence!)
• Is this legal ethical? What should engineers and managers do?
• Exceptions (PEO guidelines not necessary the law):
1. Essential modification required for compatibility, used by only
one person for their own needs, and is destroyed when
original copy is no longer valid (e.g., licence expires)
2. Single individual backups are allowed
•
Liability for Errors in Computer Programs
• You must check your own work (and test the program)!!!
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.14 With or Without Cause?
• Can you be fired without “Just Cause”?
• True
• False
• Can you be fired for any reason?
• True
• False
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.15 Valid reasons for “Just Cause”
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Serious misconduct;
Habitual neglect of duty;
Serious incompetence;
Conduct incompatible with duties and prejudicial to the
company’s business;
Willful disobedience to a lawful and reasonable order of a
superior in a matter of substance;
Theft, fraud, or dishonesty;
Continual insolence and insubordination;
Excessive absenteeism despite corrective counseling;
Permanent illness; and
Inadequate job performance over an extended period as a
result of drug or alcohol abuse and failure to accept or respond
to the company’s attempt to rehabilitate.
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.16 Conditions of Termination
• Termination for Just Cause
• No severance required, but, make sure to document everything!
• And make sure you’re right (if you’re the one firing)
• Termination without Just Cause
• Requires notice or equivalent pay
• Amount of notice depends on law and circumstances
• From two weeks to multiple years or more
• Wrongful dismissal
• Firing without just cause but without notice (or equiv.)
• Constructive dismissal
• Forced resignation, demotion, downward change in reporting
function, unilateral change in responsibilities, forced transfer, and
serious misconduct of the employer towards the employee
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.17 Case Studies: Problems in Management
•
Six Case Studies (Andrews, pg. 153- pg. 161)
1.
2.
3.
4.
5.
6.
The Unlicensed Engineer
Dismissal of the Offensive Engineer
Conflict of Interest
Errors in Plan or Specification
Manipulation of Data
Professional Accountability
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.18 Case 8.1: The Unlicensed Engineer
• Question
• Who is responsible for this problem? Can you fire
Xavier for just cause?
• Comments on the Recommended Solution
• What is he was license in another province but hasn’t
applied for your province?
• What if his licence is still being processed?
• What if has never been licenced?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.19 Case 8.2: Dismissal of Offensive Engineer
• Question
• What should you do, and how should you do it?
• Comments on the Recommended Solution
• Was this a serious offence? Is it your call?
• Do you think your boss was just acting out of anger?
• Do you think you’ll keep your job?
• What is an alternative solution?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.20 Case 8.3: Conflict of Interest
• Question
• What are your obligations – regarding your own
conflict? – to point out the other conflict?
• Comments on Recommended Solution
• Is speaking out breaking your obligation to your
employer?
• When would you have an ethical obligation to speak
out about the other conflict?
• Could you vote for or against the standard?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.21 Case 8.4: Errors in Plans and Specifications
• Question
• How far do you need to pursue this apparent
discrepancy? What if it could cause injury or death
rather than financial loss?
• Comments on Recommended Solution
• Should you document everything?
• When is it okay to review his work?
• Would you ever quit the job?
• Would you work for them again?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.22 Case 8.5: Manipulation of Data
• Question
• Is it ethical to keep this [sensitive] information
confidential from the shareholders, who are the owners
of the company?
• Comments on Recommended Solution
• What is the data was conclusive?
• What can you do to indicate your concern just in case?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.23 Case 8.6: Professional Accountability
• Question
• Should Eager be held accountable for the employee’s
actions? What lessons, if any, could be learned from
this case?
• Comments on Recommended Solution
• Could Eager have expected this to happen?
• Why might she be held responsible?
• When do you go around your boss?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.24 Review of this Class
• Topics
• The Engineers Act: the Code and Professional
Misconduct
• Engineers in Industry Case Studies (continued)
• Engineers in Management, Issues, Case Studies
• Readings (plus some from last week)
• Andrews, Ch. 7, (remaining case studies)
• Andrews, Ch. 8, Case Studies
• Assignments
• Position Paper (Due Fri, Feb. 13 @ 4:00PM in Locker)
Engineering Science 498G © J. Adams 2003-2004
Engineers in Industry, Management
3.25 Next Class: Monday Jan 26, 2004
• Topics
• Introduction to the Problems of Engineers in Private
Practice
• Introduction and Discussion of Case Studies
• Readings
• Andrews, Ch. 9, Case Studies
• Notes, pg. 47-48 (“Swimming Upstream”)
• Notes, pg. 107-115 (“Professor…”, “Boy’s Club”)
• Assignments
• Keep working on Position Paper
Engineering Science 498G © J. Adams 2003-2004