EML 4550: Engineering Design Methods
Lecture on
Professional and Social Issues in Design
Professionalism and ethics, codes and
standards, product liability, legal issues,
intellectual property, etc.
Hyman: Chapter 4
Schinzinger & Martin
Online Ethics Center
EML4550, fall 2007
1
Outline
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Societal aspects
Professionalism
Engineering societies
Professional registration
Engineering ethics (emphasize later)
Codes and standards (slight revisit)
Product liability
Intellectual property and patents
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Engineers in Society
 The work of engineers is done in the context of a
surrounding society, and they impact each other
 Characteristics of the engineering profession (noble trade).
Design activities are at the center of engineering
 Relationship among science, technology, society, and
engineering
 “Science and Engineering”
 “Science and Technology”
 Contributions by Engineers go well beyond the traditional
realms of “science and technology”: Politics and
statesmanship, arts, humanitarian efforts, management and
investment, etc.
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Professionalism
 Professional vs. Non-professional activities:
 Work involves using skills, judgment, and discretion that are not
routine or mechanized
 Preparation to perform duties requires extensive formal training
 A specialized organization exists for setting codes and standards,
including examinations to be admitted to the profession
 A commitment to serve the public good and protect its well-being
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Professional Societies
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Honorary Societies
 NAE (National Academy of Engineering): established since
1964; providing engineering leadership in service to the
nation
 NAS (National Academy of Sciences): since 1863 by
President Lincoln
 NRC (National Research Council): since 1916
 Presidential Commissions
 Tau Beta Pi (students honor society): founded 1885
 Pi Tau Sigma (ME)
 Eta Kappa Nu (EE)
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Activities of Professional Societies
 Codes and Standards (see below)
 Technical specialties and divisions
 Elected officials
 Newsletters and technical publications
 Geographical subdivisions
 Student chapters
 Other activities
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Awareness (E-Day, etc.) and education
Conferences
Publications
Lobbying
Professional honors
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Registration (PE license)
 NCEES (National Council of Examiners for Engineering and
Surveying)
 State-by-state with national recognition
 Two-step process
 Fundamentals of Engineering Exam (FEE) >>> EIT
 Principles and Practice Examination (PPE) >>> PE (usually 4 years
experience)
 Required for some jobs, not so for others (public worksgenerally require PE license vs. product design)
 Very useful for consulting or private practice
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Engineering Ethics (will be covered more in the
next lecture note)
 Professional behavior and the need to serve the public
welfare are combined in a “Code of Ethics”
 Slight variations among the societies but they all cover
similar ground
 Engineering Ethics:
 Study of the moral problems confronted by individuals and
organizations in the conduct of engineering activities
 Study of related questions about moral conduct, character, ideals,
and relationships of people and organizations engaged in
technological development
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In-class discussion – Point-by-point
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Sources of ethical dilemmas
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Conflicts of interest
Illicit gain of knowledge
Witness unsafe practices, designs, or conditions
Witness unethical behavior
Requests to implement solutions that are unsafe or
unethical
 Course of action:
 Distinguish disagreements from ethical questions
 Follow basic steps and procedures to bring it to light
 It is never “someone else’s problem”!!!
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Codes and Standards
 Codes and standards were developed by professional
societies to protect people from poorly-designed equipment
(not necessarily willful neglect, oftentimes ignorance) ASME pressure vessel code
 What is a standard?:
A compilation of rules and guidelines to follow in the
design of specific systems, use of materials, safety
margins, etc., usually voluntary and do not have the
force of law. Codes are standards adopted by
governmental bodies and carry the force of law.
Strong incentive to apply standards for liability reasons
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Types of standards
 Conformity and compatibility among products
 Public safety (50,000 deaths and 2 million injuries annually
due to boiler explosions led to the ASME pressure vessel
code)
 Health and welfare (emissions, energy efficiency, etc.)
 Terminology
 Process-oriented rather than product-oriented (ISO 9000)
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Legal issues in Engineering
 Product and professional liability
 Civil code and not criminal code (some exceptions)
 Knowledge/Willful conduct vs. ‘ignorance’
 No presumption of guilt or innocence (who is at fault and in what
proportion)
 No need for unanimity in jury (!!!!!)
 No need for ‘beyond reasonable doubt’ applies, based on
‘preponderance of evidence’
 Sky-is-the-limit awards
 State by state (little or no federal jurisdiction), not very consistent
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Liability issues
 Privity doctrine (in place until early 20th century)
 Liable only if contract exists
 Negligence doctrine (1916 car accident)
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The design created a concealed danger
Failure to incorporate safety devices
Product made from inadequate materials
Failure to warn user of danger
 Negligence:
 Simple
 Gross (intent)
 Criminal (reckless)  results in personal injury or death
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Liability issues (Cont’d)
 Strict liability: the manufacturer is liable if
 Product was defective and unreasonably dangerous
 The defect existed at the time the product left the defendant’s
control
 The defect cause the harm
 The harm is appropriately assigned to the defect
This is the prevailing doctrine for product liability
 Defects
 Production
 Organization
 Design
 Organization or person
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Implications to the design engineer
 Two views:
 Liability has stifled progress
 Liability has created better products
 Key concepts
 Product will be used in inappropriate ways
 Design engineer is not shielded from liability due to inappropriate
use
 Design engineer is responsible for protecting people from their own
stupidity!
 Use design strategies
 Fault tree analysis (reliability)
 Prepare user manuals (careful documentation)
 Involve lawyers throughout the design process
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Intellectual Property
 Patents
 A legal document issued by the government to an inventor, which contains a
detailed description of what the invention is and how to make or use it and
provides rights against potential infringements.
 The patent process
 Disclosure (first step, witnesses, references, etc.)
 Patent application (work with attorney)
 Patent prosecution (attorney)
 The patent system
 USPTO (Patent and Trademark Office)- Dept. of Commerce (patent search)
 First-to-conceive vs. first-to-file
 Other intellectual property
 Copyrights: mostly to published materials, reports, engineering drawings,
etc..
 Trademarks: brand names, slogans, and symbols.
 Trade secrets
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Patent drawings
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Implications to Projects
 Conduct all project activities in a professional and ethical
manner
 Explicitly comply with codes and standards when they apply
 Be mindful of safety and product liability issues surrounding
the product being designed
 Be mindful of intellectual property issues (both impacting or
stemming from product design)
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