THE ENGINEER AND ETHICS- SOME THOUGHTS IN THE PRACTICE OF ENGINEERING REGINALD I. VACHON, Ph.D., PE, Eur. Ing Introduction The engineer is responsible for the health and safety of clients, society and the environment. As a professional it is often that the sole decision of the engineer to design, consult, and advice. These decisions are based on knowledge, education and maintaining competency in technical areas. Engineers without question consider themselves to be ethical. This inner conviction is based on the experiences and teachings gained during the progression from childhood to maturity. The teachings are based on “rules” established by a culture to promote “what is fair and proper” and a tranquil society. The Code of Hammurabi which preceded Mosaic code and other “codes” are used to establish laws which are in many cases may be a minimum legal ethic. However, there are many engineering situations that require more than a minimum legal ethic. The engineering profession has established standards of conduct. This discussion presents in tabular form a number of ethical guidelines of some US engineering societies. It is interesting to note that there is not agreement in every area and in some areas there are no statements. This is because codes of ethics are based on situations that are encountered or philosophical disagreement on what the guidance should be. Thus, the engineer is often in a situation where he or she must reach out to others for ethical guidance. The engineer may be left with the task of applying ethical principles to make a decision in an ethical dilemma. Ethical principles are based on philosophical studies. Some of the ethical philosophical thinking is presented and then the chart on ethics is presented. Philosophy of Ethics If we look at the definitions of Ethics is defined as the system or code of morals a particular philosopher, religion, group, or profession. Morals are generally accepted standards of right and wrong/moral theory or moral theory or moral philosophy –a set of abstract moral principles, There is not much guidance. There are two basic models proposed to set the stage for ethical discussion. These are the Utilitarian Moral Standard – Those actions are right that produce the greatest total amount of human well-being. This standard requires that 1.) The audience of the action or policy in question who are affected for good or ill. 2.) The positive and negative effects of alternative actions must be determined and 3.) A decision must be made on the course of action that produces the greatest overall utility. The decision maker must know facts and may not know all facts that are the bases for a decision. Some actions must be immediate such as closing and maintaining closure of a water-tight door on a ship. Some lives will be lost but the majority on board may be saved. Some facts may not be known contemporaneously. For example, environmental effects may have wait for time to be known. Respect for Person Moral Standard – Those actions are right that equally respect each human person as moral agent. This standard always considers the preservation of life superior to other considerations. The engineer is a professional and the Respect for Person is the standard followed. Respect for Person requires consideration by the engineer of the environment and society which translates into the concepts of sustainability, honesty and anti-corruption. This series of articles will include a discussion of ETHICANA which includes a video and workshop on anti-corruption which is available through UPADI. The Professional It is useful to review the attributes of a profession to place ethical considerations in context. There are two views: Functional Theorist’s View- a profession is based on 1.) Specialized training of intellectual character, 2.) Knowledge and skills vital to well-being of society, 3.) Monopoly of the provision of professional services which insures services base on specialized knowledge, 4.) Autonomy to select clients, 5.) Authority over clients and subordinate occupational groups, 5.) Regulated by ethical standards/code of ethics, and 6.) Existing in symbiotic relationship with society. Further, Society agrees to give professionals autonomy relative to 1.) Conditions of operation, 2.) Licensing and self policing, 3.) accrediting educational programs, 4.) placing public above own financial self-interests and maintain competence, and 5.) self policing and regulating based on a code of ethics. Conflict Theorist’s View is society is an arena of conflict/social institutions vie for dominance both economic which involves control over a market sector and power - a profession is based on establishing monopoly over a set of services by 1.) adopting specialized terminology , 2.) promoting licensure, 3.) suppressing advertising and competitive pricing, and 4.)limiting supply of professionals by high admission standards. These two theories collide in the real world and the engineer must deal with ethical problems. These problems arise as follows: 1.) the engineer violates an ethical standard or law, 2.) the engineer fails to protest use of a design or procedure that could result in harm to health, safety or well-being of public, 3.) the engineer attempts to remedy a potentially dangerous situation but fails, 4.) the engineer makes a decision where competing interests exist for self benefit or 5.) the engineer is directed by a employer or client to do an act that is not in the interest of the safety and health of the client, society and environment. The engineer can reduce the probability of violating the law by knowing the law and being familiar with the code of ethics generally applicable to the engineer’s area of work. In addition the engineer can get help form colleagues, the applicable licensing board, and an attorney. There is no “one approach”. The table presented in the next section is food for thought Codes Ethics of American Association of Engineering Societies AAES Member Society Structure Public Health, Safety, and Welfare Sustainability/ Disclosure of Concerns to Clients Disclosure of Concerns to Authorities Environment AIAA – American Institute of Aeronautics and Astronautics Precepts, Three Subheadings, Canons under each Subheading 1.1 The AIAA member will have proper regard for the safety, health, and welfare of the public in the performance of his professional duties. 2.4 The member will indicate to his employer or client the adverse consequences to be expected if his judgment is overruled. 2.8 The member will report to his employer or client any matters within his area of expertise which the member believes represent a contravention of public law, regulation, health or safety [Originally Adopted: 1978] AIChE - American Institute of Chemical Engineers Bulleted list of provisions Hold paramount the safety, health and welfare of the public and protect the environment in performance of their professional duties. Hold paramount the safety, health and welfare of the public and protect the environment in performance of their professional duties. 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 present or future health or safety of their colleagues or the public. 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 present or future health or safety of their colleagues or the public. Members: shall in the course of the member’s professional life endeavor to promote the wellbeing of the community and, if the member’s judgment is overruled Members: shall .. if the member’s judgment is overruled in a particular instance, inform the client or employer of the possible consequences (and, if appropriate under the [Originally Adopted: 1912] AIMBE - American Institute for Medical and Biological Engineering (none, though IFMBE has a code of ethics) AIME - American Institute of Mining, Metallurgical, and Petroleum Engineers (none, but see the below member societies) AIST – Association for Iron & Steel Technology (none) SME – Society for Mining, Metallurgy, and Exploration Preamble, 8 Canons, Interpretations 1. The first responsibility and the highest duty of members shall at all times be the welfare, health and safety of the community. in a particular instance, inform the client or employer of the possible consequences… circumstances, notify the proper authority of the situation) [Originally Adopted: 2006] SPE – Society of Petroleum Engineers Preamble, Fundamental Principles, 12 Canons [Originally Adopted: 2004] TMS – The Minerals, Metals, and Materials Society (endorses NSPE Code of Ethics) ANS - American Nuclear Society Fundamental Principle, 12 Practices Fundamental Principle: … with fundamental concern for… safeguarding the health, safety and well-being of the public in the pursuit of this practice. Fundamental Principle: The engineer as a professional is dedicated to … with fundamental concern for protecting the environment … 9. Engineers, perceiving a consequence of their professional duties to adversely affect the present or future public health and safety, shall formally advise their employers or clients, and, if warranted, consider further disclosure. 9. Engineers, perceiving a consequence of their professional duties to adversely affect the present or future public health and safety, shall formally advise their employers or clients, and, if warranted, consider further disclosure. 1. We hold paramount the safety, health, and welfare of the public and fellow workers… 1. …work to protect the environment, and strive to comply with the principles of sustainable development in the performance of our professional duties 2. We will formally advise our employers, clients, or any appropriate authority and, if warranted, consider further disclosure, if and when we perceive that pursuit of our professional duties might have adverse consequences for the present or future public and fellow worker health and safety or the environment. 2. We will formally advise our employers, clients, or any appropriate authority and, if warranted, consider further disclosure, if and when we perceive that pursuit of our professional duties might have adverse consequences for the present or future public and fellow worker health and safety or the environment. 3. We act in accordance with all applicable laws and these Practices, lend support to others who strive to do likewise, and report violations to appropriate authorities. 3. We act in accordance with all applicable laws and these Practices, lend support to others who strive to do likewise, and report violations to appropriate authorities. [Originally Adopted: 1984] ASCE - American Society of Civil Engineers Fundamental Principles, 7 Fundamental Canons, Guidelines to Practice 1. Engineers shall hold paramount the safety, health and welfare of the public… 1. Engineers shall… strive to comply with the principles of sustainable development in the performance of their professional duties. 1c. Engineers whose professional judgment is overruled under circumstances where the safety, health and welfare of the public are endangered, or the principles of sustainable development ignored, shall inform their clients or employers of the possible 1d. Engineers who have knowledge or reason to believe that another person or firm may be in violation of any of the provisions of Canon 1 shall present such information to the proper authority in writing and shall cooperate with the proper authority in furnishing such further information or assistance as may be required. [Originally consequences. Adopted: 1914] ASEE – American Society for Engineering Education (none) ASME - American Society of Mechanical Engineers Fundamental Principles, 10 Canons, Criteria for Interpretation 1. Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties. 8. Engineers shall consider environmental impact and sustainable development in the performance of their professional duties. 1c. Whenever the Engineers' professional judgments are over-ruled under circumstances where the safety, health, and welfare of the public are endangered, the Engineers shall inform their clients and/or employers of the possible consequences. 8a. Engineers shall concern themselves with the impact of their plans and designs on the environment. 1d. If engineers have knowledge of or reason to believe that another person or firm may be in violation of any of the provisions of these Canons, they shall present such information to the proper authority in writing and shall cooperate with the proper authority in furnishing such further information or assistance as may be required. 8a. …concern themselves with the impact of their plans and designs on the environment. When the impact is a clear threat to health or safety of the public, then the guidelines for this Canon revert to those of Canon 1. 8b. Engineers shall consider development that meets the needs of the present without compromising the ability of future generations to meet their own needs. 8b. When the impact of the trade-off between economic, ecological, and social issues forms a clear threat to health or safety of the public, then the guidelines for this Canon revert to those of Canon 1. [Originally Adopted: 1914] HFES - Human Factors and Ergonomics Society Preamble, 5 Articles, Principles (Not directly addressed; but see “Disclosure” columns) Article II, Principle 7 Where responsible for design, members include considerations for the safety of person and property, and, through the appropriate source, notify those concerned when a hazardous condition exists. Article II, Principle 8 Article II, Principle 7 Where responsible for design, members include considerations for the safety of person and property, and, through the appropriate source, notify those concerned when a hazardous condition exists. Article II, Principle 8 Members clearly present the adverse safety and health Members clearly present the adverse safety and health consequences to be expected from deviations proposed if their technical judgment is overruled by technical or administrative authority. consequences to be expected from deviations proposed if their technical judgment is overruled by technical or administrative authority. Agree: to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment Agree: to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment A 3. Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is overruled under circumstances where the life, health, property, or welfare of the public is endangered. A3. Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is overruled under circumstances where the life, health, property, or welfare of the public is endangered. [Originally Adopted: 1989] IEEE - Institute of Electrical and Electronics Engineers 10 Canons 1… to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment … disclose promptly factors that might endanger the public or the environment [Originally Adopted: 1974 (AIEE adopted Code in 1912)] NCEES - National Council of Examiners for Engineering and Surveying (model rules) 3 Subheadings, Canons under Each A 1. Licensees, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public welfare. A8. Licensees having knowledge of possible violations of any of these Rules of Professional Conduct shall provide the board with the information and assistance necessary to make the final determination of such violation. [Originally Adopted: 1990] NSPE - National Society of Professional Engineers 6 Fundamental Canons, Rules and Obligations II.1. Engineers shall hold paramount the safety, health, and welfare of the public. III.2c: Engineers are encouraged to adhere to the principles of sustainable development in order to protect II.1a. If engineers’ judgment is overruled under circumstances that endanger life or property, they shall notify their employer or II.1a. If engineers’ judgment is overruled under circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate. the environment for future generations client … II.1f. Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in furnishing such information or assistance as may be required. [Originally Adopted: 1946] SWE - Society of Women Engineers Three statements [Originally Adopted: 2010] Summary This presentation is not prescriptive. It is offered to generate discussion and an appreciation of the fact that ethics problems arise in the practice of engineering. Sometimes a problem is recognized immediately and sometimes a problem is not recognized until it has grown in complexity. The only advice is to deal with an ethical problem immediately and seek help The ETHICS AND ANTI- CORRUPTION GROUP welcomes comment.