CEE 698 – Construction Health and Safety
CHAPTER 4 – ETHICS AND
SAFETY
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An Ethical Dilemma - Example
 Southland Prestressed Concrete (SPC) company has
been awarded a contract to build an ultramodern
multistory shopping mall.
 “The University Mall” is the largest contract SPC
has ever undertaken.
 In order to win the contract SPC’s Vice President
had to a agree to a completion date, that if not
reasonable, is at least going to be challenging.
 In addition, all exposed concrete surfaces must be
sprayed with a specified paint that is highly toxic
and difficult
to apply.
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An Ethical Dilemma - Example
 SPC’s subcontractor has never used this
particular type of paint before.
 Personal protective equipment and other
engineering controls can minimize the potential
hazards, but all precautions must be stringently
observed with absolutely no shortcuts.
 The manufacturer of the paint recommends 3 full
days of training for all employees who will work
with the paint.
 The recommended training cannot be provided
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soon enough to fit into SPC’s expedited schedule 3
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An Ethical Dilemma - Example
 In a secret meeting, SPC’s executive managers
decide to purchase the necessary personal
protective equipment, use the toxic paint as
specified and forgo the recommended training.
 In addition, the executives decide to withhold
from employees all information about the
toxicity of the paint.
 Safety engineer was not invited to the secret
meeting however the decision made during the
meeting
were slipped to him anonymously.
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An Ethical Dilemma - Example
 Safety engineer faces an ethical dilemma:
– If he chooses to do nothing, employees might be
inappropriately exposed to a highly dangerous
substance.
– If he shares what he knows with the subcontractor,
he might be called upon to testify about what he
knows; a step that could cost him his job and
threaten his career.
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Definitions
 Ethics – the study of morality within a context
established by cultural and professional values,
social norms, and accepted standards of behavior
 Morality – the values that are subscribed to and
fostered by society in general.
– Ethical behavior falls within the limits prescribed by morality.
 Ethical questions are rarely black and white. They
typically fall into a gray area between two extremes
of right and wrong.
– Personal experience, self-interest, point of view, and
external pressure often cloud this gray area even
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further.
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Guidelines for Determining
Ethical Behavior
 Guidelines are needed when trying to sort out
matters that are not clearly right or wrong.
 It is necessary to distinguish between the concepts
of legal and ethical.
– Just because an option is legal does not necessarily
mean it is ethical.
 Guidelines for determining ethical behavior
assuming that the behavior in question is legal.
– “Morning After Test”
• How will you feel the morning after?
– “Front Page Test”
• Would it embarrass you if it were a story on the front page
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– Construction Health and Safety
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newspaper?
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Guidelines for Determining
Ethical Behavior
– Mirror Test”
• How will you feel about yourself when you look in the
mirror?
– “Role-Reversal Test”
• Trade places with the people affected by your decision and
view the decision through their eyes.
– “Common-Sense Test”
• Listen to your instincts and common sense. If it feels
wrong, it probably is.
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Guidelines for Determining
Ethical Behavior
 Blanchard and Peale suggest their own
testing for deciding ethical choice in a given
situation:
– Is it legal?
• If an action is not legal, it is also not ethical.
– Is it balanced?
• If an action is balanced, it is fair to all involved
– How will it make me feel about myself?
• If a course of action is in keeping with our own moral
structure, it will make you feel good about yourself.
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Five P’s of Ethical Power
1.
2.
3.
4.
5.
Purpose: Individuals see themselves as ethical
people who let their conscience be their guide and,
in all cases, want to feel good about themselves.
Pride: Individuals apply internal guidelines and
have sufficient self-esteem to make decisions that
may not be popular with others.
Patience: Individual believe right will prevail in
the long run, and they are willing to wait when
necessary.
Persistence: Individuals are willing to stay with
an ethical course of action once it has been chosen
and to see it through to a positive conclusion.
Perspective: Individuals take the time to reflect
and are guided by their own internal barometer
when making ethical decisions.
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Ethical Behavior in
Organizations
 Trevino suggest ethical behavior in organizations is
influenced by individual factors and social factors.

Individual Factors:
– Ego Strength
• Ability to undertake tasks and cope with tense situations
– Machiavellianism
• Attempt to deceive
– Locus of control
• Workers’ perspective on who controls their behavior (Internal or
External)

Social Factors:

Gender, age, work experience, influence of people, etc.

People learn appropriate behavior by observing the behavior of
significant role models.
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Construction Professionals and
Ethics
 Knowing what is ethical is easier than
actually doing it.
 Construction professionals should,
1. Set an example
2. Help employees facing ethical questions in decision
making
3. Help employees undertake the chosen ethical option.
 One of the following approaches can be
adapted:
–
–
Best-ratio approach
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Black-and-white
approach
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Best-Ratio Approach
 Pragmatic option
 Sometimes referred to as situational ethics.
 People are basically good
 Under certain conditions, people may be driven to
unethical behavior.
 Construction professionals should do everything
possible to create conditions that promote ethical
behavior and try to maintain the highest possible ratio of
good choices to bad.
 When hard decisions must be made, the appropriate
choice is the one that does the most good for most
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Black-and-White Approach
 Right is right, wrong is wrong.
 Circumstances are irrelevant
 Construction professional’s job is to make ethical
decisions and carry them out and, in addition to help
employees choose the ethical route.
 When difficult decisions must be made, construction
professionals should make fair and impartial choices
regardless of outcomes.
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Full-Potential Approach
 Decisions are made based on how the outcomes
affect the ability of individuals to achieve their full
potential.
 People are responsible for realizing their full
potential within the confines of morality.
 Choices that can achieve this goal without
infringing on the rights of others are considered
ethical.
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Approaches
 Decisions made may differ, depending on the
approach selected.
 In the case study of Southland Prestressed
Concrete (SPC) company,
– If the safety engineer applies the best-ratio approach, he
may decide to keep quiet, encourage the proper usage
of personal protective equipment, and hope for the best.
– If he takes the black-and-white approach, he will be
compelled to confront the SPC’s management team
with what he knows.
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Company’s Role in Ethics
 Construction companies, have a critical role to
play in promoting ethical behavior among their
employees.
 Construction professionals cannot set ethical
examples alone or expect employees to behave
ethically in a vacuum.
 A company’s role in ethics can be summarized
as:
1. Creating an internal environment that promotes,
expects, and rewards ethical behavior.
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2. Setting an example of ethical behavior in all external
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Creating an Ethical Environment
 Companies create an ethical environment by
establishing policies and practices that ensure
that all employees are treated ethically and
then enforcing these policies.
 Companies can create an ethics policy
– “J. R. Makin Construction Company will conduct its
business in strict compliance with applicable laws,
rules, regulations, corporate policies, procedures, and
guidelines. We will conduct all business with honesty,
integrity, and a strong commitment to the highest
standards of ethics. We have a duty to conduct our
business with both the letter and the spirit of the law.”
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Setting an Ethical Example
 Companies that take the “do as I say, not as
I do” approach to ethics do not succeed.
 Employees must be able to trust their
company leaders to conduct all external and
internal dealings in an ethical manner.
 Companies must support employees who
make ethically correct decisions.
– In the case study of Southland Prestressed Concrete
(SPC) company, higher management must stand behind
the safety
manager if he decides to confront the Chapter 4
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management team.
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Handling Ethical Dilemmas
 Steps of handling ethical dilemmas:
1. Apply the guidelines to determine what is
ethical.
1. Use the simple tests
2. Goal is to identify the ethical choice.
2. Select the Approach
1. Consider the best ratio, black-and-white, and full potential
approaches
2. Personal makeup, expectations of the company, degree of
company support affect the decision.
3. Proceeding with the Decision
1. Proceed in strict accordance with the approach selected Chapter 4
2. Consistency is critical when handling ethical dilemmas.
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Whistle-Blowing
 Whistle-blowing – the act of informing an
outside authority or media organ of alleged
illegal or unethical acts on the part of an
organization or individual.
 Problems with whistle-blowing:
1.
2.
3.
4.
Retribution
Damaged relationships and hostility
Loss of focus
Scapegoating
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OSHA and Whistle-Blowing

Employee protection provisions
–
–

Section 211 of the Energy Reorganization Act (ERA)
This statute makes it illegal for an employer covered
by the act to discharge an employee or otherwise
discriminate against an employee in terms of
compensation, conditions, or privileges of the
employment because the employee or any person
acting at an employee’s request performs a protected
activity.
Employers covered by the ERA include the
following:
–
–
Licensees of the Nuclear Regulatory Commission or
an agreement state (including applicants for a license)
A contractor or subcontractor of a licensee or Chapter 4
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applicant
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OSHA and Whistle-Blowing

Key provisions to the ERA:
1.
2.
3.
4.
5.
Every employee has the right to raise a safety concern
Unlawful acts by employers in the form of intimidation,
threatening, restrain, coerce, blacklist, discharge, or discriminate
any employees
Complaints by an employee or representative may be filed up to
180 days of the action.
Enforcement – if the employers cannot provide clear evidence of
no violation, OSHA performs an investigation.
Relief – if found in violation, the employer must provide
appropriate relief in the form of reinstatement, back wages,
compensation for injuries, and attorney’s fees and costs.
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