4.0 Engineers in Management
January 26, 2004
ES 498G:
Engineering Ethics,
Sustainable Development
and the Law
Joel Adams
Jadams@uwo.ca
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.1 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 Management
4.2 Last Class
1. Review of the Professional Engineers Act
1. The Code of Ethics
2. Professional Misconduct
2. Problems of Engineers in Industry
• Case Studies from Andrews, Ch. 7
•
Assignment
• None (Discussed Position Paper)
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.3 Today’s Class
1. Problems of Engineers in Management
• Introduction to Issues
• Case Studies from Andrews, Ch. 8
•
Assignment
• Keep working on your Position Paper!
•
ALSO, Prepare name tags for Class Photo just after
our “Coffee Break”
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.4 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 Management
4.5 Famous Engineers… Many in Management
Leonardo da Vinci; Jack Welch, Neil
Armstrong; Jimmy Carter, Frank Capra,
Boris Yeltsin; Thomas Edison; Marc
Garneau, Julie Payette, Bjarni
Tryggvason, Alexander Graham Bell; Gary
Filmon; Scott Adams; Rowan Atkinson “Mr.
Bean”; Yasser Arafat, Lee Iacocca; Tom
Landry; Alfred Hitchcock; Joseph
Bombardier; Henry Ford; William Hewlett
and David Packard; Guglielmo Marconi,
George Westinghouse …and many others
(adapted from F. Berruti, 2002 and other sources)
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.6 Some Western Engineers, Mostly in Management
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Founder and SVP of $2 Billion MDS Inc.
Vice Chair of IBM Corporation
SVP Sales & Distribution, IBM Corporation
President & CEO, Canada Trust
President, Stiller Biotechnology Commercialization Centre
Chair, London Region Manufacturing Council
City Engineer, London, Ontario
Human Resources Manager, Ballard Power
Applications Engineer, Hydrogenics (fuel cells)
Development Engineer, Ember Networks (MIT spin-off)
Program Manager, Microsoft Corporation
Ph.D. Engineering Candidate, Cambridge University
Distribution Engineer, London Hydro
Customer Service Representative, Unifin International
Captain and SCUBA Instructor, Sunset House, Cayman Islands
Co-Founders, EK3 Technologies (Western Engineering spin-off)
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.7 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 Management
4.8 What is Professional Engineering?
"professional engineer" means a person who holds a
licence or a temporary licence; ("ingénieur")
"practice of professional engineering" means any
act of designing, composing, evaluating, advising,
reporting, directing or supervising wherein the
safeguarding of life, health, property or the public
welfare is concerned and that requires the application
of engineering principles, but does not include
practising as a natural scientist; ("exercice de la
profession d'ingénieur")
• Definitions From Professional Engineers Act (Ontario)
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.9 Employee Reviews and Evaluations
• Remember your responsibilities under the Act
• Engineers are required to practise only within their competence
• This duty equally applies to engineering managers, maybe more so
• But, engineers can gain or regain competence…
• Work Review for Accuracy
• This is often done routinely, especially in safety critical industries
• Purpose is to guarantee safety, improve quality, or reduce liability
• Must be done with knowledge of the engineer (if practical)
• Work Review to Assess Competence
• Usually part of regular and ongoing performance reviews
• Must clearly inform the engineer – why?
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.10 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 – what are they?
• 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 Management
4.11 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 Management
4.12 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 Management
4.13 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 Management
4.14 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 Management
4.15 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 Management
4.16 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 Management
4.17 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 Management
4.18 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 Management
4.19 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 Management
4.20 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 Management
4.21 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 Management
4.22 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 Management
4.23 Review of this Class
• Topics
• Engineers in Management, Issues, Case Studies
• Readings
• Andrews, Ch. 8, Issues and Case Studies
• Assignments
• Position Paper (Due Fri, Feb. 13 @ 4:00PM in Locker)
Engineering Science 498G © J. Adams 2003-2004
Engineers in Management
4.24 Next Class: Monday Feb 2, 2004
• Topics
• Introduction to the Problems of Engineers in Private
Practice
• Introduction and Discussion of Case Studies
• Readings
• Andrews, Ch. 9, Read Issues and Prepare Case Studies
• Notes, pg. 47-48 (“Swimming Upstream”)
• Notes, pg. 107-115 (“Professor…”, “Boy’s Club”)
• Assignments
• Keep working on Position Paper (due Feb. 13th)
Engineering Science 498G © J. Adams 2003-2004