Ethics
A view from the Joint Industrial Hygiene Ethics Education Committee
Welcome to Ethics
“The reputation of a thousand years is
determined by the conduct of one hour.”
– Japanese proverb
Who Got In Trouble: 2001
Once America’s seventh largest company, Enron collapsed
in 2001 – costing shareholders $74B and prompting
Sarbane-Oxley Accounting Regulation. WorldCom-$11B.
Tyco- $500M
Somebody’s Got To Pay
2010
“Too Big to Fail” Freddie MAC $187B, Leman $50B in
TARP bailout prompting Dodd-Frank Consumer
Protection.
Key Points
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Guiding principles versus Code of Ethics
How do Professionals use a Code?
A bit of history
Comparison of philosophy:
-- International Code of Ethics
-- Joint Ethics Principles
• Does it apply only to CIH’s?
• A word (or two) about ABIH enforcement
• Scenarios for Consideration
Objectives for today...
• Provide you with a greater awareness of the
importance & benefits of ethical behavior in our
profession
• Encourage you to think through ethical dilemmas
before acting and “drill down”
• Increase your awareness of how your decisions
impact others and the profession
• Review some of the tools available to help guide you
through the decision-making process
Ethics
The embodiment of those values that the
person or organization feels are important…,
and spell our proper conduct and
appropriate action.
- Merriam Webster
Guiding Principles v. Code of Ethics
• “Stick to the CODE”
as noted by Capt. Hector Barbosa in the
movie “Pirates of the Caribbean”
• He then quickly said:
(when he felt necessary) that THE CODE
was “actually more of a set of guidelines.”
How do Professionals use a Code?
• As “The Law?”
-- (Enforceable v. not enforceable?)
• As a “set of guidelines?”
• As a means to set a baseline standard of
practice?
• As a way to raise the level of practice?
IH Code of Ethics: History
1968
• AAIH Ethics Committee developed a
“Code of Ethics for Professional
Practice”.
1973-74
• Renewed interest in the Code by both
AAIH and ABIH
1975-77
• AIHA becomes involved as does the
AIHA Law Committee
IH Code of Ethics: History
1978
• AAIH Ethics draft “Code of Ethics for
Professional Practice” mailed to
membership for comment
• 743 responses received (67% of all
members), 712 (95.8% voted to
accept), 31 (4.2% voted to reject)
1981
• AIHA and ACGIH adopts the code
1991-94
• AIHA, ACGIH, ABIH, and the
“Academy” (AAIH) develop and adopt a
joint code (6 Cannons).
IH Code of Ethics: History
1991-94: Continued
• New code presented at AIHce in 1994
1995
• AIHA, ACGIH, ABIH, and the “Academy
“(AAIH) approved the creation of the
Joint Industrial Hygiene Ethics
Education Committee (JIHEEC)
• Tasked with the education and
promotion of the new code of ethics
• Developed interpretive guidelines to
supplement the new code of ethics
IH Code of Ethics: History
2006-07
• AIHA, ACGIH, ABIH, and AIH create a
“Joint Ethics Task Force” to update the
current code
• Primarily driven by ABIH to create an
enforceable mechanism specifically
focused on CIHs
• Two codes were created, on intended to
be enforceable, one intended to be
“aspiration,” known as the Member
Ethical Principles (guiding principles).
Current Status
• ABIH
-- Enforceable Code of Ethics – May 2007
-- Diplomats, Applicants & Examinees
• ACGIH, AIH & AIHA
-- Member Ethical Principles
JIHEEC Mission
• “Promote an awareness and
understanding of the enforceable code
of ethics published by the ABIH”
• Not an enforcement group or resolution
board
• Publishes case studies of ethical
dilemmas in the Synergist
JIHEEC Membership
Members from AIH, AIHA, ACGIH, ABIH
• Jeff Throckmorton, Chair
• Pam Greenley,
• Nick Rice, Past Chair
• Glenn Barbi
• Nancy McClellen
• Bruce Lippy
• Steven Rucker
• Jan Wachter
• Dan Maser
• Michael Cooper
• David Roskelley (ABIH liaison)
Industrial Hygienist Role
Right vs. Wrong Issues
-- Legal Test
• Are you breaking a law?
-- Stench Test
• Does the action seem uncomfortable or “just
wrong”?
-- Front-Page Test
• Would you be embarrassed if the action were on
the front page of the newspaper?
-- Mom Test
• Would your mom (or other loved one) be ashamed
of you?
Right vs. Right
(Ethical or Moral Dilemmas)
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Truth vs. Loyalty
Individual vs. Community
Short Term vs. Long Term
Justice vs. Mercy
Is There a Business Case for Ethics?
Possibly?
• Capitalize on corporate
interest to share customer
values
• Point to Government
regulation as evidence of
misalignment with public
sentiment
• Broaden the ethics
conversation to include
Corporate Social
Responsibility (CSR)
The Executive Paradox
Do high profits enable greater spending on CSR, or is it
that CSR itself creates higher profits?
“…the direction of causation remains an open question.
That is, good CSP could cause good CFP, but good CFP
could provide slack resources to spend on CSP…whether
profitable companies feel rich enough to splash out on
CSR, or CSR [activity itself] brings profits.’”
“Meta-analysis refers to the analysis of
analyses" coined by Gene V. Glass
The study, “Corporate Social and Financial
Performance: A Meta-Analysis” compiled by
researchers Marc Orlitzky, Frank L. Schmidt and Sara L. Rynes
The meta-analytic findings suggest that
corporate virtue in the form of social
responsibility and, to a lesser extent,
environmental responsibility, is likely to pay
off…
Business Ethics
The Magazine of Corporate Responsibility
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Popular Stories
Nike: Corporate Responsibility at a “Tipping Point”
Does Corporate Social Responsibility Increase Profits?
The Ethics of Social Media—Part II: Playing by New
Rules
• Marketing to Children: Accepting Responsibility
• American Apparel and the Ethics of a Sexually Charged
Workplace
Values
IH Values Operationalized
Ethical Values
Behavior at Work
Follow recognized science
Stick
to the facts
Use NIOSH/EPA procedures, accredited labs
Counsel parties factually
Use
Avoid conflicts of interest
Don’t
Practice only in areas of
competence
Only
Act with integrity
Behave
reliable sources
Communicate findings to all affected parties
accept gifts to influence outcome
Take on only as much work as you can complete
work in areas where you are qualified
Seek training, certification or registration in these
areas
in a manner that reflects well on profession
Don’t misrepresent yourself, or engage in fraudulent
activities
Goals of the Member Ethical Principles
• Complementary to the enforceable code
• Educate members, the profession and
public
• Help all professionals understand their
ethical responsibilities
• Sets expectations
• Standard for the Profession
ABIH Code
Preamble/General Guidelines
The ABIH is dedicated to the implementation
of appropriate professional standards
designed to serve the public, employees,
clients and the industrial hygiene profession.
First and foremost, ABIH certificants and
candidates give priority to health and safety
interests related to the protection of people,
and act in a manner that promotes integrity
and reflects positively on the profession,
consistent with accepted moral, ethical and
legal standards.
As professionals in the field of industrial hygiene,
ABIH certificants and candidates have the
obligation to: maintain high standards of integrity
and professional conduct; accept responsibility for
their actions; continually seek to enhance their
professional capabilities; practice with fairness and
honesty; and, encourage others to act in a
professional manner consistent with the
certification standards and responsibilities set
forth below.
I. Responsibilities to ABIH, the
Profession and the Public
• Comply with ABIH rules/policies
• Comply with legal requirements
II. Responsibilities to Clients,
Employers, Employees and the
Public
• Education, experience, competency and
performance of professional services
• Conflict of interest and appearance of
impropriety
• Public health and safety
Goals of the Member Ethical Principles:
AIHA, AIH, ACGIH
• Complementary to the enforceable code
• Educate members, the profession and
public
• Help all professionals understand their
ethical responsibilities
• Sets expectations
• Standard for the Profession
AIHA members have the obligation to:
• Maintain high standards of integrity and
professional conduct
• Follow recognized sound scientific principles
• Accept responsibility for their actions
• Continually seek to enhance their professional
capabilities
• Practice with fairness and honesty
• Encourage others to act in a professional
manner
Some details of the Member Ethical
Principles
• 3 pages
-- 2 main sections and several subheadings
-- 23 “should” statements
• Some sections do not appear in the ABIH
enforceable code. For example:
• II.A.9. “Refrain from business activities and practices
that unlawfully restrict competition.”
• II.C.2. “Inform appropriate management representative
and/or governmental bodies of violations of legal and
regulatory requirements when obligated or otherwise
clearly appropriate.”
• II.C.3. “Make reasonable efforts to ensure that the
results of industrial hygiene assessments are
communicated to exposed populations.”
Some details of the ABIH Code
• 2 pages
-- 2 main sections and several subheadings
-- 19 (implied shall) statements
• Although the key concepts are the same, the code is
less “encompassing” than that found in the Member
Ethical Principles.
International Code of Ethics for
Occupational Health Professionals
• Established by the International Commission
on Occupational Health,
-- founded in 1906.
-- 2,000 professionals in 93 countries.
• 18 pages
-- includes explanatory language.
-- 26 “shall” statements.
• Not an enforcement based code.
• Could be considered as more “worker
oriented” in its phrasing and considerations.
• Found at:
www.icohweb.org/core_docs/code_ethics_eng.pdf
“Other” Types of Considerations
• “Occupational health professionals must
request that a clause on ethics be
incorporated in their contract of
employment.”
• “…occupational health professionals
must regularly and routinely, whenever
possible, visit the workplaces and
consult the workers and the
management of the work that is
performed.”
Ethical Habits
“A long habit of not thinking a thing
wrong gives it the superficial appearance
of being right.”
–Thomas Paine
University
of
Utah
University
of
Utah
Retired Status
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What happened to the CIH (Ret) option?
-- ABIH discontinued the classification of CIH (Ret) in 2011 when the Voluntary
surrender* program was launched. All former CIH (Ret) were converted to
voluntary surrenders.
-- The term CIH (Ret) or any of its various forms can no longer be used. Former
Diplomates are allowed to refer to their certification designation when showing
the years of active certification, e.g. John Smyth, CIH, 1987-2006.
-- Some former Diplomates are still listed in the ABIH roster unless they chose to
opt out.
*Reactivation:
• By Voluntary Surrender
-- Before your cycle ends: Submitting a written request and Paying the annual fees
-- Less than 5 months after your cycle ends: Submitting an acceptable worksheet
for the previous CM cycle and Paying the current annual fees and late CM
worksheet fee (if due)
-- > 5 months after your cycle ends: Submitting an acceptable worksheet for the
previous 60 months and Paying the current annual fee, and a CM worksheet
processing fee.
March 1993 AIHA Journal
“Ethical Issues for Industrial Hygienists: Survey
Results and Suggestions”
Laura A. Goldberg & Michael R. Greenberg
Type of Ethical Misconduct Observed – 1994*
• Deliberate overstatement of positive and
understatement of negative results
• Refraining from reporting an incident
• Failure to share credit on a publication
• Deliberate failure to acknowledge data
limitations
• Holding back findings to avoid negative results
• Plagiarism
• Borrowing from another’s proposal
• Deliberate failure to control data quality
• Failure to protect confidential data
• Release of results of study before peer review
36%
30%
26%
26%
26%
23%
21%
21%
20%
19%
*Ethical Issues for Industrial Hygienists: Survey Results and Suggestions, Goldberg, L.A., Greenburg, M.R.,
AIHA Journal, (54) March 1993, 127-134
Type of Ethical Misconduct Observed
– Great Britain 2002*
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Plagiarism
51%
Failure to protect confidential data
37%
Failure to share credit on a report/publication
27%
Fabrication of data
25%
Criticize the ability or integrity of another
hygienist for own gain
23%
Holding back or disguising data
19%
Survey design to favor a specific outcome
11%
Destruction of data that contradicts desired outcome 7%
Deliberately not reporting an incident
7%
*Observations of Ethical Misconduct Among Industrial Hygienists in England,
Burgess, G.L.,Mullen, D.,AIHA Journal (63) March/April 2002, 151-154
Causes of Ethical Dilemmas
(% who responded extremely important)
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On the job pressure (too many responsibilities) (56%)
Pressure caused by economic implications of result
Lack of experience
Pressure caused by professional implications of result
Poor design of study
Friendship in regard to “whistle blowing” (40%)
Competition with peers
Lack of training in ethics (35.6%)
Poor implementation of design
Lack of communication skills
Pressures not related to job (15.2%)
Some of the Major Ethical Issues in
Healthcare & Environmental Science
Multi-National Companies
Physician's
Health and Safety Standards in the
Supply-Chain
- Provide life support even when
it is futile
Lack of Labor Laws within producing
Countries
- Provide placebos simply
because your patient wanted
treatment
Corruption
No enforcement
- Hide terminal diagnosis from
your patient to bolster their
spirit
- Dropping insurers that don’t
pay well
Ethics Case Procedures
• Review by Executive Director and/or 5
member Ethics Review Committee
(ERC) to accept/reject
• Appeals
– ERC
– Board Appeals Committee – 3 Directors
Disciplinary Actions
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Ineligible for certification/recertification
Corrective actions
Private reprimand and censure
Public reprimand and censure
Probation including conditions on
conduct
• Suspension of certification
• Revocation
“The single largest problem in
ethics is the inability to recognize
ethical issues”
Rushworth M. Kidder, Ethicist
Association Management – October 1999
The ABIH Experience
• Most Inquiries allege unethical conduct
by IH consultants
• Source of Inquiries
Homeowners
Landlords
Employees
Employers
CIHs
Complaint Issues
• Misrepresentation of attendance at a
course carrying CM points
• Evaluation of workplace/residence
*Mold
Radon
Chemicals
• Felony convictions (IH & not IH related)
• Misrepresentation in published articles
Complainant's Information Sources
• Internet
• Published Guidelines/Best Practices
• Media reports/articles
Case History To Date
27 Formal Complaints
– 1 Mediation
– 15 Rejected
– 11 Accepted (2 Initiated by ED both were Felony cases –
both sanctioned)
• 1 Discontinued
• 1 No Ethical Violation
• 3 Legal Agreement
• 5 Sanctioned
• 1 under review
How To Avoid Ethical Pitfalls
“In the beginning…………….
Before you take a new job
Before you sign a contract
Before you agree to a course of
action
No single right answer…
Communicate!”
Sources and Further Reading
• How Good People Make Tough Choices,
Rushworth M. Kidder,1995
• Business Ethics, Richard De George
• “Ethical Issues for Industrial Hygienists: Survey Results
and Suggestions”, Laura A. Goldberg & Michael R.
Greenberg, March 1993 AIHA Journal
• “Observations of Ethical Misconduct Among Industrial
Hygienists in England”, Burgess G. L., Mullen, D., AIHA
Journal (63) March/April 2002
• ABIH Executive Director, Lynn O’Donnell, 2011 Data
• http://www.abih.org/downloads/ABIHCodeofEthics.pdf
Scenarios for Consideration
Scenario #1
You are bound by a contract to protect
the confidentiality of the project for
which you are hired. Because of the
complexity of the IH issues, you wish to
obtain input from a professional peer
regarding the technical aspects of the
project.
Do You:
A.
B.
C.
D.
Ignore your desire to obtain input from a
professional peer because it could be considered
an ethical breach of your clients confidentiality.
Discuss the project without disclosing
confidential details such as the name of
the company, individual names,
proprietary or other.
Discuss in full disclosure with a
professional peer who is unrelated to the
project and lives thousands of miles away.
Consider publishing your quandaries in the
next edition of the Synergist.
Scenario #2
You witness what you feel is a clear
violation of the code by one of your
professional peers who is a CIH.
Do You:
A. Contact anyone you can think of along with
ABIH, and/or AIHA and report the incident.
B. Submit a written allegation of a breach of
ethical duty or professional responsibility to the
chair of the JIHEEC.
C. Call the AIHA President to personally complain.
D. Explain to the peer that you feel they are
acting unethically and give them an opportunity
to correct the situation before taking further
action. If it remains unresolved then you could
submit a written allegation of a breach of
ethical duty or professional responsibility to
ABIH.
Scenario #3
You are invited by a vendor who
provides a majority of your industrial
hygiene laboratory services to play golf
and have dinner at an “exclusive”
country club.
Do You:
A. Accept the offer and ask if he wouldn’t mind
throwing in a sleeve of balls and a hat.
B. Investigate your company’s policy on
accepting vendor gifts and determine the
best course of action with your supervisor.
C. Decide to accept the offer, but only if you
can pay for your own green fees and dinner.
D. Accept the invitation but insist that the bill
be paid in cash instead of a credit card to
avoid leaving a “paper trail”.
Scenario #4
As an IH at a chemical manufacturing
plant, you are faced with having to
perform air sampling for an
intermediate chemical for which there is
no standard sampling method.
Do You:
A.
B.
C.
D.
Search for a sampling method that is statistically
significant, peer-reviewed and recognized by the
profession.
Use a non peer-reviewed sampling method that
was developed by the plant lab assistant named
Vinnie.
Use a standard sampling method developed for
another intermediate chemical produced at your
plant.
Contact an outside industrial hygiene laboratory for
advice and direction.
Source: Joint Industrial Hygiene Ethics Education Committee (JIHEEC) Presentation Files
Scenario #5
As an IH consultant you are asked by a major
insurance carrier to sample for mold in a
residential setting. One of the home’s
occupants is recovering from cancer and
recently had a bone marrow transplant.
Moderate to extensive visible mold is present
throughout the home and you recommend
relocating the family. The insurance carrier
disagrees and asks you “to keep your mouth
shut” or they will take legal action.
Do You:
A. Wonder why you chose to be a consultant
and run out of the building screaming.
B. Keep your mouth shut and pretend it never
happened.
C. Ignore the insurance carriers threats and
immediately notify the occupants to vacate
the premises.
D. Contact a close friend, attorney and/or
mentor and ask for additional advice and
direction.
Scenario #6
You are drinking at a professional conference
with a close IH colleague. In an inebriated
state he feels the need to unburden years of
guilt upon you. He mentions that he
completely falsified his ABIH CM worksheet
back in 1998. It had slipped through the
cracks without an audit. In fact, he was
working in another field unrelated to IH from
1994-1999. You always wondered how he
had managed to maintain his CIH status and
now you knew……
Do You:
A.
B.
C.
D.
Keep on drinking and pray you can’t remember the
conversation in the morning .
Contact ABIH and/or AIHA and report the incident.
Run screaming from the bar and wonder why you
have friends like this.
After sobering-up, explain to your friend that you
feel what they have done is wrong and give them
an opportunity to correct the situation before
taking further action. If it remains unresolved then
you could submit a written allegation of a breach of
ethical duty or professional responsibility to ABIH.
Scenario # 7
• The Industrial Hygienist himself is ethical and
complies with the professional code of ethics
but his company is engaged in some
questionable business practices. These
include kickbacks, accepting gratuities from
suppliers, and exaggerating EHS
accomplishments in their annual SEC filing.
• What should the hygienist do?
Additional Scenarios for Consideration
• Please see attached handouts
Thank you!
Please contact the JIHEEC if we can be
of assistance!