Danielle Neighbour University of Arkansas Daniel W. Mead Student Paper 2016 Page 1 ABSTRACT While engineering design standards serve a multitude of purposes, their primary goal has remained the same: protection of the public. Significant implications can arise when engineers do not follow standards correctly, including legal ramifications, forfeiture of license, and tragic loss of life. However, selection of the design standard to use while operating abroad can be a difficult decision. In approaching this dilemma, an engineer should follow the guiding ethical standard of the profession, ASCE’s Code of Ethics. As stated by Canon 1, the safety and wellbeing of the public must always be an engineer’s first priority. Whether determined by the International Building Code (IBC), American standards, local codes, or one’s own ethically centered engineering judgment, the most conservative standard should be utilized. Furthermore, all solutions must be developed with the belief that all human lives are of equal value. INTRODUCTION The daily lives of citizens worldwide are profoundly affected by the work of civil engineers. The water they drink, the roads they drive or walk on while commuting to work, the building in which they spend the workday – all have been meticulously designed by civil engineers who understand the gravity of their work. In the words of ASCE’s vision for the profession in 2025, civil engineers are “entrusted by society to create a sustainable world and enhance the global quality of life” [1]. This commitment to safety defining the vocation, outlined in ASCE’s Code of Ethics, does not stop outside United States borders. Canon 1 highlights, “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” [2]. In order to fulfill this obligation, engineers must keep the security of those who will utilize their solutions in the front of their minds during the design and construction process. Nevertheless, engineers must also remember their responsibility to offer clients not only the safest solution but also the most economical. Engineering judgment must consistently be employed to ensure public safety is never compromised, while also preventing unnecessary costs from being incurred. Danielle Neighbour University of Arkansas Daniel W. Mead Student Paper 2016 Page 2 In today’s globalized world, it’s becoming increasingly common to conduct assignments on international soil. When doing so, it’s easy for grey areas to cause an oversight of ethics. For example, many construction materials available in foreign countries are not standardized and are thus challenging to classify when applying design standards. It can also be difficult to conduct business with uniquely organized governments. However, there have been several attempts over the past twenty years to build an international consensus on design codes. INTERNATIONAL DESIGN STANDARDS The International Code Council (ICC) was first created in 1994 as a non-profit organization with a mission to “provide the highest quality codes, standards, products and services for all concerned with the safety and performance of the built environment” [3]. The ICC, a combination of three previously individual organizations that developed their own codes, now offers codes for multiple facets of the design process. These standards, including the commonly utilized International Building Code (IBC), have been adopted as the governing codes for the National Park Service, the Veteran’s Association, and the Department of Defense’s global facility construction [3]. However, the IBC may not be properly prescriptive. In these cases, turning to more specific American codes written by organizations such as AISC, ASCE, NDS, or ACI is acceptable. In other instances, not all international markets have accepted the ICC’s standards, in which case the engineer should employ the accepted code, unless a more exacting standard exists. Global companies like Walmart Stores Inc., also use specific benchmarks. In the case of Walmart, Charles Zimmerman, P.E., who serves as the company’s Vice President of International Design and Construction, stated that Walmart requires all markets to exceed local code in any area of life safety, such as fire protection or means of egress [4]. Finally, some large organizations, such as the Naval Facilities Engineering Command, which administers the Unified Facilities Criteria program, utilize their own standards [5]. Regardless of cost requirements, project type, or difficulties in construction – such as non-standardized construction materials – all civil engineers must meet safety benchmarks in every project they design. This principle cannot, under any circumstance, Danielle Neighbour University of Arkansas Daniel W. Mead Student Paper 2016 Page 3 be compromised. This obligation is outlined in the first canon of ASCE’s Code of Ethics: the lives, safety, health and welfare of the general public are dependent upon engineering judgments, decisions and practices [2]. When this ethical code is not adhered to, lives are endangered. CASE STUDIES Unfortunately, examples of engineers who did not adhere to these codes, and thus violated ethical requirements, are not few. One of the most prominent disasters caused by insufficient observance of regulations is the Piper Alpha oil rig explosion, which occurred in the North Sea off the coast of Aberdeen, Scotland, on July 6, 1988 [6]. The incident, which resulted in 167 deaths, caused Occidental Petroleum to come under fire for inadequate safety and maintenance measures. Piper Alpha, the deadliest oil rig accident to date, was largely caused by ignorance of regulations. In an ethics case study by ASCE on the tragedy [7], Deborah Grubbe, P.E., the former safety director of British Petroleum (BP) and DuPont, highlights that safety requires a change in thought process. Everyone must understand the need to follow all regulations without involvement of ego or personal title. In the words of Ms. Grubbe, “an engineer with one mistake can kill more people than any doctor or lawyer.” Civil engineers must always hold the public’s safety over their own careers – and especially over the project’s budget. The tragedy of Piper Alpha is a painful reminder of an engineer’s obligation to always employ the most rigorous design code necessary. In much more recent history, the collapse of the Weiguan Jinlong high-rise in the 6.4 magnitude earthquake that struck Taiwan on February 6, 2016, was caused by irresponsible engineering design [8]. The building’s failure, which resulted in 24 deaths, was the only high-rise to topple in the disaster. Immediate investigation revealed a horrifying breach in protocol – to save money, tin cans were built into the walls of the edifice [8]. The use of inadequate material such as tin cans was not only a blatant disregard of code requirements, but was also a mistake that led to the death of innocent bystanders. Consequences of this choice were severe: three executives involved in the building’s development were arrested under charges of professional negligence [9]. Danielle Neighbour University of Arkansas Daniel W. Mead Student Paper 2016 Page 4 AVOIDING CORRUPTION In addition to various potential building codes, corruption may arise as a major issue an engineer could face while working internationally. Thus, when discussing design standards and ethical obligations in the foreign field, the problem of corruption must additionally be addressed. ASCE’s Code of Ethics highlights this subject multiple times. Primarily, Canon 6 states, “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” [1]. Moreover, Canon 5 outlines “engineers shall not give, solicit or receive either directly or indirectly, any political contribution, gratuity, or unlawful consideration in order to secure work” [1]. These words highlighted in the Code of Ethics must be kept in the forefront of engineers’ minds while working in potentially corrupt markets. Not only should corruption be prevented from an ethical standpoint, but also from a legal one: the Federal Corrupt Practices Act (FCPA) of 1977 [10] includes strict anti-bribery provisions. Violation of the FCPA incurs grave penalties. In addition, the United Nations Convention Against Corruption, signed in 2003, criminalizes practices such as trading in influence, bribery, and embezzlement in both the public and private sectors on a global scale [11]. In the words of the UN’s documentation, “[corruption] undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish” [11]. Fraudulence can be avoided through multiple methods. Perhaps the most effective technique is one utilized by Walmart Stores, Inc.: the retail giant employs austere compliance programs that make participation in bribery nearly impossible. This system, entitled the Walmart Global Compliance Action Steps, includes third party due diligence and a ‘robust global policy and accompanying procedures designed to prevent, detect, and remediate violations’ [13]. Another method of corruption avoidance centers on education. Informing all involved in a design project of the relevant regulations, the reasons these rules exist, and the legal consequences that will ensue if corrupt practices are employed can prevent bribery. Danielle Neighbour University of Arkansas Daniel W. Mead Student Paper 2016 Page 5 Global establishments like Fluor Corporation [12] and the World Federal of Engineering Organizations (WFEO), which includes its own Anti-Corruption Committee (CAC), use this model. The CAC aims to “engage the worldwide engineering community in the global efforts to fight corruption” [14]. Finally, many companies establish an office in the country in which they work, a practice that can help prevent the organization from being taken advantage of by potentially fraudulent officials. AN ENGINEER’S ETHICAL STANCE – VALUE OF HUMAN LIFE Ultimately, an engineer’s ethical obligations delve beyond a book of legal requirements. One standard remains the same regardless of location: the value of a human life. Even in developing nations with no standardized codes, the value of one life does not change. Clean water is not only deserved by select communities; the right to live or work in a structurally sound building does not have borders. In order to distinctly define the design standard upon which an engineer can rely while abroad, all engineers must first subscribe to this concept. Standards, meant to safeguard those using or constructing engineering developments, are firmly based on the guiding concept that all lives must be equally protected. In the end, an engineer must consistently keep the goal of his or her project in mind – to improve the livelihood of the public. After all, ASCE’s vision statement highlights this sentiment exactly. It states, “civil engineers are global leaders building a better quality of life” [15]. This quality of life should never be limited to a certain corner of the world or people group. CONCLUSION Ignorance of engineering guidelines – whether blatant or inadvertent – has severe implications. Civil engineers must always keep the greater, grander reasons they practice the profession in mind. With the genuine desire to use their skills to help others, civil engineers should adhere to the standards that will keep the public as safe as possible. Thus, an engineer should utilize stringent codes, whether they are determined by the IBC, local standards, American regulations, or the engineer’s personal judgment, to offer the most economical and safe design solution. 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"Foreign Corrupt Practices Act." Foreign Corrupt Practices Act. United States Justice Dept., 23 Sept. 2015. Web. Feb. 2016. 11. United Nations Convention Against Corruption. Vienna: United Nations Office on Drugs and Crime, 2004. PDF. 12. "Fluor Supports External Anti-Corruption Efforts through Collective Action." Fluor Corporation. Fluor Corporation, 2016. Web. 12 Feb. 2016. 13. "Walmart Global Compliance Action Steps." Walmart. Walmart Stores, Inc., 17 Dec. 2012. Web. Feb. 2016. 14. Manuhwa, Martin. "Anti Corruption Committee (CAC)." World Federation of Engineering Organizations. 2008. Web. Feb. 2016. 15. "About ASCE." ASCE. ASCE, n.d. Web. Feb. 2016.