Sanchez 4:00 L05 ETHICAL ENGINEERING James Hare (jah236@pitt.edu) APPLICATION OF ETHICS TO ENGINEERING While ethics applies to all fields and careers, it especially applies to the profession of engineering because engineers have tremendous responsibilities. Any decision an engineer makes can have far-reaching effects on society, whether that decision is what kind of heating coil to use in a toaster or how many control rods to use in a particular nuclear reactor design. Since it may be likely that the average engineer will face an ethical dilemma in his career at some point, it is wise to be prepared to face them. For this reason, professional engineering groups such as the National Society of Professional Engineers (NSPE) and the American Institute of Chemical Engineers (AIChE) have published ethical codes that serve as guidelines for their members; these codes attempt to cover all possible situations and scenarios that an engineer could face. However, these codes are only guidelines; there are situations when a code will seem to have conflicting recommendations, and an engineer will have to make a hard decision. SCENARIO AND DILEMMA I imagine the following scenario: I am a new employee, just graduated from college, at a hydraulic fracturing company with a good reputation on environmental issues. As a chemical engineer, I am assigned to work as an assistant project manager for a particular fracking site; my main duty is to ensure environmental code compliance, which includes containment of spills and sanitizing toxic produced water. As the fracking job progresses, I decide to collect the produced water in a holding tank for sanitation, which I decide to delay until there is enough to justify hiring a chemical company to clean it. As the well starts to “run dry,” my supervisor, who is not a chemical engineer, orders me to cancel the contract for the chemical treatment company to clean the produced water, explaining that doing so would relieve his budget problems on this particular well. When I ask about what to do with the water, he tells me to just pump it back down the well when the drill is removed, saying that “there shouldn’t be a serious environmental impact from a little bit of water, right?” He follows that question with a challenge: “You like working here, correct? Let’s try and keep you employed.” The Dilemma The order from my supervisor presents me with two basic choices: go ahead with his order or not. Not following instructions would lead to the project being over budget, likely causing my supervisor, who has been cautioned about budgetary problems before, to be threatened by the corporate headquarters with serious consequences this time. That would likely lead to the loss of my job, as implied when he delivered his order. Following his recommendation would initially create no issues. But from my knowledge of the qualities of produced water, I know that there will likely be a serious environmental impact years later. The Fracking Process and Produced Water The origin of produced water is in the fluid used to fracture the rock formations where the desired gas lies. It contains sand to hold the fractures open and other chemicals that serve various purposes. The other chemicals usually include an acid to break down bits of rock that are left after fracture, biocides to kill organisms like bacteria, corrosion inhibitors to keep the pipes lasting, a gelling agent to ensure that the gas is a liquid, and friction reducers to ease the travel of the gas to the surface [1]. Due to the mixture of all these chemicals, there is already a toxicity present in the fluid; however, when it is injected into the rock at high pressure, it also frees other dangerous substances, especially heavy metals, including barium, strontium, and iron [2]. These substances are radioactive and pose a significant threat to health. The actual bad news of this freeing of radioactive substances is that they dissolve in the fracking fluid, which then flows back out of the well with the gas. After the used fracking fluid exits the well, it is called “produced water” [3]. As a chemical engineer, I would know that the produced water is dangerous if left untreated, and that it’s not just “a little bit” of water. Since the average fracking site requires a minimum of three million gallons of water [4], there would be a similar volume of produced water at the end of the job. I would also know about the many lawsuits brought against fracking companies regarding unsafe water supplies, mainly brought about through improper disposal of produced water and its eventual leaching into municipal water supplies. At this moment the realization comes: I have a very big decision to make. VALUE OF ETHICAL CODES Engineering ethical codes are valuable resources when there is an ethical decision to be made. Every society of engineering professionals has its own code, all of which resemble the code of the National Society of Professional Engineers (NSPE). There are times when the codes do not University of Pittsburgh, Swanson School of Engineering 2014/10/28 James Hare quite fully provide immediate guidance to a decision. This kind of situation is where an engineer’s ethics are really tested. Value of Codes in the Outlined Scenario In the scenario described above, the NSPE code has two canons that apply: “I.1. Hold paramount the safety, health, and welfare of the public…I.4. Act for each employer or client as faithful agents or trustees” [5]. The AIChE code also stipulates: “Formally advise their employers or clients (and consider further disclosure, if warranted) if they perceive that a consequence of their duties will adversely affect the future health or safety of their colleagues or the public” [6]. Both codes seem to offer conflicting advice here, where the employer is both testing my loyalty and likely endangering the welfare of the public. However, in this case there is one element where the code provides the guidance necessary: it says that public safety is the most important goal. On the other hand, neither code tells me what to do as a young engineer with little experience and the imminent possibility of being fired. In this scenario, the codes provide the guidance toward which course of action is ethical, but not the exact way to go about following that course, meaning that the codes are functioning as they were intended. As stated before, the codes are meant to serve as guidelines, not instruction manuals, for ethical situations. Value of Codes to Engineers in General In general, the ethical codes given by professional engineering societies are helpful in making decisions, but there are limitations in certain specific scenarios. This may be because the codes are written to be broader and cover more situations. The main drawbacks of making ethical codes apply to specific situations are that the number of positions in which an engineer can find himself are nearly limitless and that the writers run the risk of creating conflicting guidelines at some point in the writing. This is why the codes are meant to be guidelines, not laws. They are supposed to help engineers toward decisions, not make dictate which alternative provides the best ethical solution. HELP FROM OTHER SOURCES There are three main routes to follow when you find yourself in an ethical quandary: first, you can search for case studies in the hope that someone has already been in your situation or has hypothesized one closely resembling it. The second option is to search for articles on ethics and engineering in general and do some thinking. Finally, you can seek out guidance from sources that may not be related to engineering, such as parents, friends, or former mentors and teachers. Case Studies A case study can be real or hypothetical, and it focuses on a specific scenario, the people involved, and the ethics of the decision into which one of the people is forced by circumstances. Most also provide commentary by experts on ethics. Hundreds of case studies can be found simply by searching the internet; sites that contain many studies include the Online Ethics Center for Engineering and Science (www.onlineethics.org/Resources/Cases) and Texas Tech University’s web page directory for various case studies (www.depts.ttu.edu/murdoughcenter/products/cases.php). On these sites I found three studies in particular that were relevant to my scenario, each in its own way. The first one is from the OEC and is titled “Leaking Waste Containers.” It details a supervisor’s actions in illegally disposing of chemical waste; this study provided a perspective of imagining the worst possible outcome, which in this instance is a class action lawsuit several years after the incident [7]. The second case study I found, from Texas Tech University, is titled “Case 1042 – Roman Holiday” and covers a different field of engineering, but is similar in that it describes a new employee, a corner-cutting supervisor, and the dilemma that he faces regarding budgetary concerns and his own future with the company. It also gives a survey listing respondents’ choices on what the ethical course of action should be; 33% of the respondents, a plurality, felt that the employee should “comply with the code of ethics…and pursue his concerns until he feels the matter is satisfactorily addressed” [8]. The final relevant case study I discovered, also form the OEC, is titled “Disposing of Toxic Waste” and describes a scenario where a student with a summer job is ridiculed for environmentalism after questioning an order to dispose of a chemical illegally and provides commentary on the scenario from five different experts, all of whom provide a list of alternatives for the student [9]. While I used these case studies mainly to build my own scenario, they also helped by providing alternate courses of action that I had not considered; in real-world situations, they can give valuable guidance if the scenarios are similar. Ethics Articles Another possible source of ethical guidance is journal articles on engineering ethics. The main purpose they serve is to help start the actual thinking process and guide an engineer through it. As Norman R. Augustine writes in The Bridge, “…the work of engineers must do far more than comply with the laws of nature; it must also comply with the laws of society and must serve our principal client, humankind” [10]. This emphasizes the point that engineers have to make ethical decisions in almost every major project. He also outlines the ethics of “the designers of the Titanic, who provided 1,178 lifeboat positions on a ship that carried 2,224 passengers and crew. When disaster struck, 1,515 people lost their lives, at least in part because of this single decision” [11]. The logic of 2 James Hare the situation demands an explanation of whether they firmly believed the “unsinkable” advertisement of the ship, and why they did not provide enough places for everyone aboard [12]. Another article, “Whistleblowing – Is it Always Obligatory?” written by Edmund G. Seebauer in CEP Magazine, raises questions about the good and bad results of each alternative in a situation. Seebauer also creates a sliding scale for cooperation with the action; he places cooperation at a distance at the low end of the scale, immediate material cooperation in the middle, and formal cooperation at the high end of the spectrum [13]. He also details responsibility, which according to him can be limited by a lack of knowledge, a lack of freedom (when there is no other option), or a lack of approval, which can be affected by the time it takes for a decision to be thought out and made [14]. Both authors provide assistance, Augustine with starting the ethical process in the mind with a qualitative approach and Seebauer using a more quantitative perspective with regard to responsibility. “Nontraditional” Sources If I was still not sure of what to do in a situation after consulting ethical codes, case studies, and ethics articles, I would turn to a mentor. Right now that would be Guido Fetta, a chemical engineer whom I have known for nearly as long as I can remember. He is the one who initially suggested the idea of becoming an engineer and is also a very ethical man, one whom I would trust to give good advice in any situation I could describe to him. In this situation I think he would tell me to not comply with the order, but that it would be my decision how to go about doing that (G. Fetta, personal communication, March 18, 2019) [15]. However, if there were any time that I felt that his guidance was not enough, I would turn to my faith. Whether I obtain guidance from a priest or from the Catechism of the Catholic Church, I believe that such help would be more than adequate in an ethical scenario, since Catholicism has guidelines for morality on everything, including employeeemployer relations and the environment [16]. However, in the end of every situation, it is up to the person experiencing the dilemma to decide his course of action. ETHICAL DECISION In the scenario defined above, I would have to consider all my options: refuse to follow orders, take the question to senior-level management, or comply with the order. A flat refusal to perform the duty would not be the best way to proceed since there is a clear risk of unemployment, which in this case is caused by firing from a first job out of college. Needless to say, other employers would be much less likely to hire a person in this situation. Another thing to consider is that the supervisor could just bypass me and have another employee dump the produced water back into the well. On the other hand, complying with the order would violate my ethical principles and would make me at least partially responsible for any bad effects of the operation. As described above, simply knowing the history of fracking should be a caution to this course of action; it is common knowledge that fracking corporations have faced lawsuits from people with unsanitary water supplies due to unsafe produced water disposal. It is possible in this scenario that I would be held partially liable for my actions, even several years later. The option of taking the question to more senior management is likely to be the best alternative here. The fact that the company has a good environmental reputation makes it more likely that disposal regulations will be followed and the water will be treated, since the company will want to maintain that reputation. Taking the issue “up the ladder” also removes an aspect of my responsibility, since I have been ethical just in raising the question at a high level. Ideally, the best possible outcome of this decision is management confirming my initial thoughts and firing my supervisor for negligence, resulting in a promotion for me. The worst possible end for this course is my supervisor’s plan being confirmed and complying with his orders. In my opinion, if I was placed in the scenario described, I would make the decision to bypass the supervisor’s authority and contact senior management. I would do whatever they told me to do just for the sake of keeping my job, but I would keep a log of my actions in the situation if their decision goes against my ethical goal. The log would be for future testimony in the event of a lawsuit, should anything bad come of the disposal. PROCEDURES FOR ETHICAL DILEMMAS In general, engineers faced with an ethical dilemma can make productive and correct assessments of their choices first by reading the professional codes of ethics and checking to see if they apply. If they don’t provide enough assistance, case studies can be reviewed for similarity and articles can be read for help in the process of outlining options. The most helpful sources can sometimes be non-engineering sources, such as mentors and other people; even faith and religion can be considered in ethical matters. However, the final decision always has to be made by the engineer in the situation. REFERENCES [1] M.M. Bomgardner. (2012). “Cleaner Fracking.” Chemical and Engineering News. (Online article). http://cen.acs.org/content/dam/cen/static/pdfs/Article_Assets /90/09042-cover.pdf [2] D.L. Turcotte, E.M. Moores, J.B. Rundle. (2014). “Super Fracking.” Physics Today. (Online article). 3 James Hare http://scitation.aip.org/content/aip/magazine/physicstoday/ar ticle/67/8/10.1063/PT.3.2480 [3] M.M. Bomgardner. (2012). “Cleaner Fracking.” Chemical and Engineering News. (Online article). http://cen.acs.org/content/dam/cen/static/pdfs/Article_Assets /90/09042-cover.pdf [4] C. W. Schmidt. (2013). “Estimating Wastewater Impacts from Fracking.” Environmental Health Perspectives. (Online article). http://ehp.niehs.nih.gov/121-a117/ [5] National Society of Professional Engineers. (2014). Code of Ethics of the National Society of Professional Engineers. (Online code of ethics). http:/www.nspe.org/resources/ethics/code-ethics [6] American Institute of Chemical Engineers. (2014). Code of Ethics of the American Institute of Chemical Engineers. (Online code of ethics). http://www.aiche.org/about/codeethics [7] Online Ethics Center for Engineering, National Academy of Engineering. (2006). “Leaking Waste Containers.” (Online case study). http://www.onlineethics.org/Resources/Cases/Containers.asp x [8] National Institute for Engineering Ethics, Murdough Center for Engineering Professionalism, Texas Tech University. (2012). “Case 1042 – Roman Holiday.” (Downloadable case study accessible online). http://www.depts.ttu.edu/murdoughcenter/products/cases.ph p [9] Online Ethics Center for Engineering, National Academy of Engineering. (2006). “Disposing of Toxic Waste.” (Online case study). http://www.onlineethics.org/Resources/Cases/Toxic.aspx [10] N.R. Augustine. (2002). “Ethics and the Second Law of Thermodynamics.” The Bridge. (Online article). https://www.nae.edu/Publications/Bridge/EngineeringEthics 7377/EthicsandtheSecondLawofThermodynamics.aspx [11] N.R. Augustine. (2002). “Ethics and the Second Law of Thermodynamics.” The Bridge. (Online article). https://www.nae.edu/Publications/Bridge/EngineeringEthics 7377/EthicsandtheSecondLawofThermodynamics.aspx [12] N.R. Augustine. (2002). “Ethics and the Second Law of Thermodynamics.” The Bridge. (Online article). https://www.nae.edu/Publications/Bridge/EngineeringEthics 7377/EthicsandtheSecondLawofThermodynamics.aspx [13] E.G. Seebauer. (2004). “Whistleblowing – Is it Always Obligatory?” CEP Magazine. (Online article). http://www.aiche.org/resources/publications/cep/2004/june/ whistleblowing-it-always-obligatory [14] E.G. Seebauer. (2004). “Whistleblowing – Is it Always Obligatory?” CEP Magazine. (Online article). http://www.aiche.org/resources/publications/cep/2004/june/ whistleblowing-it-always-obligatory [15] G. Fetta. (2019, March 18). Conversation. [16] Catechism of the Catholic Church. (1995). New York: Doubleday. ACKNOWLEDGEMENTS In the writing of this paper, I was assisted by the efforts of Eric Stratman in helping to motivate me and those of Sara Saidman in brainstorming for a topic. I also need to acknowledge the inspiration of David Sanchez, my ENGR 11 instructor, and Dan Budny, the head of the freshman engineering program here at Pitt. I also need to thank Nancy Koerbel and Beth Newborg for helping explain writing assignments, as well as Dan McMillan for providing suggestions for improvement on my last assignment. I also have to thank other members of the freshman engineering class, especially Natalie Baron and Craig Bair, for listening politely to my ramblings about my topic. 4