Bursic 2:00 R08 ETHICALLY ANALYZING OBLIGATIONS TO A FORMER ENGINEERING EMPLOYER Laura Traczynski (lnt12@pitt.edu) AN ETHICAL DILEMMA IN CONSTRUCTION Living the Dream? For five years, I worked in construction management with a concentration in bridge design at Inspire Engineers Inc. My job entailed overseeing the design and construction process for various projects. I would create a design schedule, develop a budget, and manage a construction team to make the project a reality. For the first four years of my employment, I enjoyed my work in the field and looked forward to developing innovations in civil engineering. Over the past year, however, the company has not met my standards of professionalism. The members of my construction team had lost their respect for my authority, and they did not care to follow my exact instructions. Although I brought this issue to the attention of Inspire Engineers Inc., the company failed to take any action. This lack of respect inhibited the quality and enjoyment of my work. In addition, Inspire Engineers Inc. neglected many professional obligations because the company was focused on competing with Smith Construction. For three decades, the two competitor companies have been obsessed with outperforming one another in project revenue. While Inspire Engineers Inc. was caught up in this competition, the company overlooked fundamental components in construction. The cooperation focused completely on financial gain, so basic safety precautions in construction and the needs of the employees were ignored. Although I enjoy work in the field of engineering, Inspire Engineers Inc. and the company’s construction team created obstacles in my professional life. Lightweight Transportable Bridge Project For nearly two years, I managed the construction of an innovative transportable bridge. Transportable bridges are often used after the event of a natural disaster. After an original bridge is destroyed in a disaster, the mobile bridge is transported via truck to the site and erected in about ninety minutes. This bridge technology has significant applications because after natural disasters, it is essential to reconnect communities. Food, supplies, and safety must be provided to isolated areas as quickly as possible [1]. However, transporting the bridges has become a challenge. Since the impressive weight of these bridges must be taken into consideration, it takes a significant amount of time to deliver them to areas with difficult terrain. When rescuing people University of Pittsburgh, Swanson School of Engineering 1 2015-11-03 from natural disasters, time is a crucial factor. In this particular project, I worked with carbon-infused materials to reduce the weight of a transportable bridge by twenty-five percent [1]. The bridge design is composed of lightweight material, and can be easily transported by a vehicle since it weighs less. With this advanced technology, mobile bridges can be transported through a wider range of areas, including rocky terrain and steep mountainsides. With the innovative material of this transportable bridge, the way that bridges that transported could be forever changed. An Unexpected Offer When the bridge project was nearly completed, I was faced with an ethical conflict involving Inspire Engineers Inc.’s competitor. During the last week of the project’s main construction phase, Smith Construction contacted me about an engineering position. The competitor firm offered me a construction management job, with guaranteed respect from construction teams and a greater salary than Inspire Engineers Inc. After much consideration, I accepted the position from Smith Construction and resigned from Inspire Engineers Inc. My decision was based on my former company’s indifference toward my professional well-being and the promising opportunities from Smith Construction. When I left the company, my transportable bridge project was virtually completed in construction, with only a few minor technical issues left to consider. However, I had not sealed off any construction documents on the project, so it was considered ‘incomplete’. Unfinished Business A month later, I had fully transitioned into a satisfied employee at Smith Construction. I enjoyed my work, and I felt proud of the quality of my projects, because my new construction team respected my role as a manager. I felt content with my professional life, until I was suddenly faced with an ethical dilemma. While I was working at my new job at Smith Construction, I received a call from an engineer at Inspire Engineers Inc. The engineer informed me that the transportable bridge project had been technically completed. The project was ready for the production stages, but this process could not begin until I sign the construction documents for the bridge. The company now needs my signature, because I am the only engineer that is truly familiar with every component of this project. Therefore, I am the only qualified person to approve of the safety and sustainability of the transportable bridge. Laura Traczynski Making a Choice I must now make a decision to either help Inspire Engineers Inc. or deny the cooperation’s wishes. I will use ethics to approach this choice. First of all, I will use the egotistical approach of ethics to consider my personal opinions and future career. Then, I will analyze how my decision will directly affect other people involved in the situation. By definition, an ethical choice is “a decision that is both legally and morally acceptable to the larger community” [2]. Therefore, I will consider two larger communities that will be affected by my decision: Inspire Engineers Inc. and the general public that will need transportable bridges. After considering the ethics in this situation, I will make a choice to ignore Inspire Engineers Inc.’s request, agree to sign the documents, or develop a compromise. THE IMPACT ON ME To begin, I will base my ethical decisions from my own personal interests. A survey was conducted in the Hong Kong construction industry to evaluate what influences engineers in ethical decision making. In this survey, it was found that egoism, where personal interest is the foundation of morality, impacts an engineer’s ethics [2]. Therefore, in the situation, I must consider how my decision affects my interests. First of all, I could consider my relationships with Inspire Engineers Inc. and Smith Construction. According to an ethical study, an engineer’s ethical decisions with a company are based on his/her relationship with the company and his/her treatment as an employee [3]. By this logic, I am more likely to make the decision that will benefit the company I identify with, which is currently Smith Construction. I have been much more successful and satisfied with my new employer, so I am more likely to favor the company. If I am to deny Inspire Engineer Inc.’s request, Smith Construction would gain from my previous employer’s loss. Therefore, it is in my best interest to deny Inspire Engineer Inc.’s request. Also, in the same ethics survey conducted in Hong Kong, an influential factor in an engineer’s decisions is the impact on one’s future reputation and career [2]. The decision I make will affect my professional standing with Smith Construction. According to Scot Hughes, a mechanical engineer employed by Bechtel Plant Machinery, Inc., an engineer should not represent a previous employer while working for a different cooperation. He stated, “I would be surprised if a previous employer would ask for a former employee to sign something after they departed the company. In my opinion, it would be wrong to sign the document as you have no right to represent a company that you no longer work for” [4]. If I support work completed by the competitor company by signing the construction documents, Smith Construction will most likely be dissatisfied with my decision, and I may suffer direct consequences, such as losing my job. To make a decision, I must consider the risks in my future professional life. MY DUTY TO THE COMPANY Although I am no longer an employee at Inspire Engineers Inc., I will consider how far my work with the company extends. According to one of the fundamental canons of the NSPE Code of Ethics, “Engineers, in the fulfillment of their professional duties, shall act for each employer…as faithful agents or trustees” [5]. If I am to follow this code, I am obligated to finish my business with Inspire Engineers Inc. and complete all necessary documents for the transportable bridge project. I am no longer an employee of the company, but I must continue to respect their practice. Also, The NSPE Code of Ethics states that, “Engineers shall accept personal responsibility for their professional activities” [5]. Even if I ignore the request and refuse to sign the documents, the lightweight transportable bridge is still my project. I cannot change the fact that it was my assigned work and responsibility to create this bridge. Also, I cannot deny that I closely worked with the project and devoted countless hours into it. So by this code of ethics, it is my duty to complete the work assigned by Inspire Engineers Inc. and finish the construction papers. Based on the canons of the NSPE code of ethics, I am obligated to fulfill my duties with the transportable bridge project, even if I no longer have a direct relationship with Inspire Engineers Inc. MY DUTY TO THE GENERAL PUBLIC While making a decision on signing the construction papers, I must examine how my choice impacts communities that need lightweight transportable bridge technology. Based on the first canon of the American Society of Civil Engineers Code of Ethics, “Engineers shall recognize that the lives, safety, health, and welfare of the general public are dependent on engineering judgements, decisions and practices incorporated into structures…” [6]. As an engineer, I will acknowledge that my first priority should be the safety of the general public, and every decision I make will affect thousands of people. If I do not sign the construction forms, the innovative mobile bridge will not be immediately available to the public. If the lightweight bridge is not produced, transportable bridges cannot be quickly delivered to areas with difficult terrain, and a great amount of time will be wasted when people are in danger after natural disasters. In this precious time, citizens could be harmed or even lose their lives. It is essential that this technology is available to any citizen in any region. According to Zackary Easterly, a chemical engineer employed by Genesis Engineers, “My first goal as an engineer is to help people. If I lose sight of this goal, then I’ve lost my purpose an engineer” [7]. Ultimately, engineers must be committed to improving people’s lifestyles. To make an appropriate decision, I must consider 2 Laura Traczynski how my actions as an engineer with affect people’s wellbeing. ALTERNATIVE APPROACHES Refusing the Request First of all, I have the option to deny Inspire Engineers Inc.’s request and not sign the construction documents, but this choice does not agree with my morals. The decision to refuse the request would be based on the idea of egoism. It would be in my best personal interest to sabotage Inspire Engineers Inc.’s development, because they hindered the quality and enjoyment of my life as an engineer. Also, I am now employed by the competitor company, so I would professionally benefit from Inspire Engineers Inc.’s failures. Nevertheless, I do not feel comfortable with this option. If I refuse the request, I would be violating basic codes of ethics. It is my responsibility to complete my work with the company and respect their business. Although I would become successful from Inspire Engineers Inc.’s losses, it is not morally right to abandon my own project. Also, by not completing the project documents, I would be hurting the people who need lightweight bridge technology. It is ethically incorrect to ignore innocent people affected by natural disasters. Even though my current employer and I could profit from my refusal to seal the construction documents, this decision would contradict my values as an engineer. Fulfilling the Request On the other hand, I could complete my unfinished business with Inspire Engineers Inc. and sign the construction papers. I have concluded that my duty to finish my previous work and serve the general public outweighs my personal interests. Smith Construction may be disappointed in my decision to assist the rival company, but in any case, client needs are more important than company conflicts. A case study conducted by the National Academy of Engineering determined that, “The fact that two firms are in direct competition should have no bearing upon the responsibility of the engineer to assume responsibility for the work and take appropriate steps for the benefit of the client” [8]. Therefore, if my current employer has correct morals, it will be understood that cooperate rivalries should not stand in the way of people’s needs. I have to decided seal the construction documents, regardless of the possible consequences from Smith Construction. longer an employee of my former company, so I should receive an extra payment to follow the cooperation’s instructions. According to a case study with a similar dilemma, it would be ethical for an engineer to request an additional charge, because he/she must still show accountability for the new employer [8]. Simply completing the documents with no additional fee could create questions about my loyalty to Smith Construction. However, I cannot completely agree with this option. As an engineer, I should want to fulfill my duties without the need for extra compensation. Even if I want to prove my loyalty to my new company, I should not need extra payment for completing my former obligations. While demanding an extra fee from Inspire Engineers Inc. is a valid compromise to satisfy both companies, I have greater professional expectations for myself. MAKING A DECISION After analyzing my options, I have decided to complete the construction documents without asking for additional compensation. Any conflict with Inspire Engineers Inc. should be set aside. Even if Smith Construction threatens my job, I will remain unchanged in my decision. I chose an engineering career, because I want to solve problems that pose a threat to society. A lightweight transportable bridge is an excellent solution to fulfill my professional dreams. Company conflicts are not enough to make me abandon my project. I would advise future engineers to realize the ultimate goal of their profession. Engineers find the problems that hinder everyday living and develop solutions to make people’s lives easier. Engineers should disregard personal conflicts when citizen’s lives are at risk. Despite the consequences I could potentially face, I will remain unchanged in my decision to seal the construction documents. ACCEPTING THE REQUEST In summary, the most ethical solution in this scenario is to complete construction documents for the lightweight transportable bridge project. My personal interests have been outweighed by my duties to my previous employer and the general public. It may have been my decision to end my career at Inspire Engineers Inc., but I am obligated to complete any unfinished work with the company. In the end, I have chosen the engineering field, so that I could have the opportunity to help innocent citizens. For as long as I continue in this field, I will put all of my effort into helping as many people as possible. REFERENCES Demanding Additional Compensation As a compromise between the two choices, I can demand an additional payment from Inspire Engineers Inc. to fulfill the company’s wish. This option is logical, because I am no [1] B.R. Russell, A.P Thrall. (2013). “Portable and Rapidly Deployable Bridges: Historical Perspective and Recent Technology Developments.” J Bridge Eng. (online article). 3 Laura Traczynski http://ascelibrary.org/doi/full/10.1061/%28ASCE%29BE.19 43-5592.0000454 [2] L.C. Fan, P.W. Fox. (2009). “Exploring Factors for Ethical Decision Making: Views from Construction Professionals.” J. Prof. Issues Eng. Educ. Pract.. (online article). http://ascelibrary.org/doi/full/10.1061/%28ASCE%2910523928%282009%29135%3A2%2860%29 [3] D. Tow, M. Loosemore. (2009). “Corporate Ethics in the Construction and Engineering Industry.” J. Leg. Aff. Dispute Resolut. Eng. Constr.. (online article). http://ascelibrary.org/doi/abs/10.1061/%28ASCE%29LA.19 43-4170.0000012 [4] S. Hughes. (2015, October 30). Interview. [5] (2015). “NSPE Code of Ethics for Engineers.” National Society of Professional Engineers. (online article). http://www.nspe.org/resources/ethics/code-ethics [6] (2006). “Code of Ethics.” American Society of Civil Engineers. (online article). [7] Z. Easterly (2015, November 1). Interview. [8] (2006). “Refusing to Sign/Seal Construction DocumentsCase 96-3.” National Academy of Engineering. (online article). http://www.onlineethics.org/cms/7770.aspx ADDITIONAL SOURCES (2015). “Design/Build a TE/STE Relationship.” Texas Tech University. (online article). http://www.depts.ttu.edu/murdoughcenter/products/cases.ph p (1989). “Duty to Report Safety Violations Case 89-7.” National Society of Professional Engineer. (online article). http://www.nspe.org/sites/default/files/Ber89-7.pdf ACKNOWLEDGEMENTS I would like to thank my parents, who helped me find my additional sources. I would also like to thank my friends for keeping me on track during this project. 4