dr. vincent p. drnevich, p.e. professor emeritus of civil engineering, purdue university april 2014
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Professionalism and Ethics in the Practice of
Professional Engineering
Dr. Vincent P. Drnevich, P.E.Professor Emeritus of Civil Engineering, Purdue
University
April 2014
2
Disclaimer
April 2014 Drnevich on Professionalism and Ethics
Copyright 2014 Vincent P. Drnevich. No portion of this presentation may be used without the expressed written consent of Vincent P. Drnevich.
The speaker is expressing his own views and opinions on the matters being discussed and does not represent the official views of the State Board of Registration for Professional Engineers, the Indiana Department of Transportation, the Indiana Society of Professional Engineers, or Purdue University.
Acknowledgments
My Mentors starting with my parents and teachers and enhanced throughout my career by my colleagues and students
James L. Lammie, P.E., former President, CEO, and Board Chairman of Parsons Brinckerhoff
James F. Schmidt, Esq., Office of the Indiana Attorney General and advisor to the State Board of Registration of Professional Engineers
Angela Pearl for making arrangements for this program
April 2014 Drnevich on Professionalism and Ethics 3
Drnevich on Professionalism and Ethics
Handouts and Quiz
Each attendee should have: Four page (2 sheet) handout with notes
for this course One page ETHICS SHORT COURSE
QUIZ & EVALUATION form
You are encouraged to complete the Quiz as we progress through the course.
April 2014 4
Drnevich on Professionalism and Ethics 5
Overview
Why Ethics? Codes of Ethics Rules of Professional Conduct in
Indiana Statutes and Rules Making Value-laden Decisions Board of Ethical Review Ethical Health Fitness Order of the Engineer Summary Questions Evaluation & Quiz
April 2014
Drnevich on Professionalism and Ethics 6
Changes from Previous Version Increased information for use of Rules of Practice
in Codes of Ethics
Expansion of Professional Obligations section
Reduced wordiness of Indiana Code and Rules
Sources for case histories and examples
Links to practice ethics quiz and answers
Order of the Engineer
April 2014
Drnevich on Professionalism and Ethics
Expectations
By the end of this session you will:
Know about Codes of Ethics and the roles they play
Be aware of the Indiana Statutes and Rules associated with professional conduct in engineering practice
Know how to access them.
Have a systematic process for solving ethical dilemmas
See the value of professional and technical organizations in the engineering profession
April 2014 7
Case 1 – State Inspector
You are a young engineer employed by the State Transportation Department. You have been placed in charge of inspecting a highway bridge project which is being built by a private contractor. Because of your education and extensive field engineering experience, you are able to suggest techniques and procedures that save the contractor both time and money. The work, however, is done strictly according to the plans and specifications.
It is quitting time on a hot summer Friday afternoon. The contractor comes to the site and offers a can of soda to each of his employees. He also offers you a can of soda.
a. May you accept the soda?
Drnevich on Professionalism and EthicsApril 2014 8
Case 1 – State Inspector
b. Assume he hands every worker a case of soda. It is ethical to accept a case of soda?
c. What if he hands every worker a can of beer? Accept?
d. What if he hands every worker a bottle of bourbon? Accept?
e. How about a case of bourbon? Accept?
Drnevich on Professionalism and EthicsApril 2014 9
Case 1 – State Inspector
f. What if he hands every worker a pen with the company name on it? Accept?
g. What about a hat and jacket with the company name and logo on it? Accept?
h. What if the contractor buys you a new car because of the thousands of dollars you have saved him. Do you accept?
Drnevich on Professionalism and EthicsApril 2014 10
Case 1 – State Inspector
i. You and the contractor meet at lunch to discuss the progress of the work. He offers to pay the bill. Can you ethically accept his offer?
j. You like to play golf. The contractor knows this but he himself does not play golf. A local charity golf tournament committee has persuaded the contractor to purchase several entrance tickets to the tournament. Since he does not play golf, he offers one of the tickets to you. Can you ethically accept his offer?
Drnevich on Professionalism and EthicsApril 2014 11
What should the answers be?
No to all questions!
How did the students do?
April 2014 Drnevich on Professionalism and Ethics 12
Drnevich on Professionalism and Ethics 14
Why Ethics?
It is a matter of ….
happiness/ contentment/ fulfillment
April 2014
Drnevich on Professionalism and Ethics 15
Ethics
Aim of all ethical decision making - happiness/ contentment/ fulfillment1 Lowest stage - decision making focuses on
the individual;
Intermediate stages – decision making guided by Codes, Rules and the Law
Highest stage on all parties and over all time.
April 2014
1 Jean Piaget and Lawrence Kohlberg as reported by : Veslind, P. A., and Ende, E., "Ethics in the Field," Civil Engineering Magazine, Vol. 55, No. 12, December, 1985, pp. 64-66.
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Ethical behavior
Contract among affected parties Unwritten understanding…
Agreed behavior among individuals Taught by our upbringing“Gentlemen’s Agreement”
Written Contract – defined focusProfessional Code of EthicsEstablished and administered by a profession
The LawFederal, state, and local Statutes and RulesAdministered and enforced by officials: fines
and penaltiesApril 2014
Drnevich on Professionalism and Ethics 17
Codes of Ethics
Established by membership of professional societies
Standard Format (especially among engineering organizations) Preamble Fundamental Canons Rules of Practice Professional Obligations
Example: National Society of Professional Engineers (NSPE)
(http://www.nspe.org/Ethics/CodeofEthics/index.html)
April 2014
Drnevich on Professionalism and Ethics 18April 2014
http://www.nspe.org/Ethics/CodeofEthics/index.html
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
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NSPE Code of Ethics http://www.nspe.org/Ethics/CodeofEthics/index.html
April 2014 Drnevich on Professionalism and Ethics
I. Fundamental Canons
Engineers, in the fulfillment of their professional duties, shall:
1. Hold paramount the safety, health and welfare of the public.
2. Perform services only in areas of their competence.
3. Issue public statements only in an objective and truthful manner.
4. Act for each employer or client as faithful agents or trustees.
5. Avoid deceptive acts.
6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
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NSPE Code of Ethics, Cont’d.
April 2014 Drnevich on Professionalism and Ethics
II. Rules of Practice
1. Engineers shall hold paramount the safety, health, and welfare of the public.
a. 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.
b. Engineers shall approve only those engineering documents that are in conformity with applicable standards.
c. Engineers shall not reveal facts, data or information without the prior consent of the client or employer except as authorized or required by law or this Code.
Three more rulesReprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
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NSPE Code of Ethics, Cont’d.
April 2014 Drnevich on Professionalism and Ethics
II. Rules of Practice
2. Perform services only in areas of their competence.
a. Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved.
b. Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control.
c. Engineers may accept assignments and assume responsibility for coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified engineers who prepared the segment.
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
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NSPE Code of Ethics, Cont’d.
II. Rules of Practice
5. Engineers shall not be influenced in their professional duties by conflicting interests.
a. Engineers shall not accept financial or other considerations, including free engineering designs, from material or equipment suppliers for specifying their product.
b. Engineers shall not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with clients or employers of the engineer in connection with work for which the engineer is responsible.
April 2014 Drnevich on Professionalism and Ethics
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
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NSPE Code of Ethics, Cont’d.
April 2014 Drnevich on Professionalism and Ethics
III. Professional Obligations
1. Engineers shall be guided in all their relations by the highest standards of honesty and integrity. (five examples)
2. Engineers shall at all times strive to serve the public interest (four examples)
3. Engineers shall avoid all conduct or practice that deceives the public (three examples)
4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. (two examples)
Continued ….Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
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Practice Ethics Exam by NSPE
Twenty five true-false questions to hone your skills
Answers to check ethical sharpness
http://www.nspe.org/Ethics/EthicsResources/EthicsExam/exam_answers.html
April 2014 Drnevich on Professionalism and Ethics
http://www.nspe.org/Ethics/EthicsResources/EthicsExam/index.html
Sample Questions from NSPE Code of Ethics Exam
Engineers, in the fulfillment of their professional duties, must carefully consider the safety, health, and welfare of the public.
Answer is ?
False –
See NCEES Model Code of Ethics 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.
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Indiana Law and thePractice of Engineering
Covered in Indiana Code IC 25-31, IC 25-1-11-5, and
Rules of the Board 864 IAC Rule 11
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Indiana Law and thePractice of Engineering
Established by the Legislature – Indiana Code (IC 25-31) (http://www.in.gov/legislative/ic/code/title25/ar31/ )
Implemented by Rules established by the State Board of Registration for Professional Engineers – Administrative Code (864 IAC) (http://www.in.gov/legislative/iac/iac_title?iact=864)
IC 25-1-11-5 - Practitioner compliance with professional standards; findings meriting disciplinary sanctions; fraud or material deception (Applies to all professions in Indiana)
864 IAC Rule 11 – Professional Conduct (Applies to engineering practice by licensed engineers)
April 2014
Drnevich on Professionalism and Ethics 28
IC 25-1-11-5 – Indiana law (applies to all professions in Indiana)
Professional Standards - A practitioner shall comply with the standards established by the board regulating a profession. A practitioner is subject to the exercise of the disciplinary sanctions under section 12 of this chapter if, after a hearing, the board finds that: (1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice, including cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of professional services or activities;
(C) advertised services or goods in a false or misleading manner; or
(D) been convicted of a crime or assessed a civil penalty involving fraudulent billing practices;
April 2014
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IC 25-1-11-5 – Indiana law (applies to all professions in Indiana)
Professional Standards, Cont’d.(2) a practitioner has been convicted of a
crime that: (A)has a direct bearing on the practitioner's ability to
continue to practice competently; or(B)is harmful to the public;
(3) a practitioner has knowingly violated a state statute or rule or federal statute or regulation regulating the profession for which the practitioner is licensed; April 2014
Drnevich on Professionalism and Ethics 30
IC 25-1-11-5 – Indiana law (applies to all professions in Indiana)
Professional Standards, Cont’d.(4) a practitioner has continued to practice although the
practitioner has become unfit to practice due to: (A) professional incompetence, including undertaking
professional activities that the practitioner is not qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or practice;
(C) physical or mental disability; or (D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a practitioner's ability to practice safely;
Six more items in this section. See handout
April 2014
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Rules of the Board
Rules of the Board - refers to the rules generated by the State Board of Registration of Professional Engineers and applies to the practice of all engineering disciplines
• Draft Rules created by Board, staff, and counsel to the Board
• Public Hearing with opportunity for input
• Approval by the Office of the Attorney General
• Approval by the Office of Management and Budget
• Governor’s Office has opportunity to veto
April 2014
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Rule 11 – Professional Conduct
Establishes requirements concerning ethical, economic, and legal principles and unprofessional conduct in the practice of engineering.
Requires agreement to abide by act and rules
[Person] is knowledgeable of the Act and Rules of the board
Understanding that the practice of engineering is a privilege
Primary obligation to protect the safety, health, and welfare of the public
Continued …April 2014
Drnevich on Professionalism and Ethics 33
Rule 11 – Professional Conduct(Rules of the Board - applies to the practice of
engineering)
Perform engineering assignments only when qualified by education and experience in the specific technical field
The engineer shall not affix the engineer's signature and/or seal to any engineering plan or document dealing with subject matter in which the engineer lacks competence
The engineer shall be completely objective and truthful in all professional reports, statements, or testimony.
April 2014
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Rule 11 – Professional Conduct, Cont’d.
Conflicts of interest An engineer must avoid conflicts of interest with employer
or employer’s clients
When unavoidable, disclose the circumstances to the engineer's employer or client
Disclosure of conflict of interest must be made to an employer
Compensation from more than one party for same project
April 2014
(Also, using the designs, specifications, etc. from a previous project on another project – big issue with computer automated design, drafting, and word processing. )
Drnevich on Professionalism and Ethics 35
Rule 11 – Professional Conduct, Cont’d.
Conflicts of interest, Cont’d. The engineer shall not solicit or accept gratuities,
directly or indirectly, from contractors, their agents, or other parties dealing with the engineer's client or employer in connection with work for which the engineer is responsible.
April 2014
Do you know your agency’s or company’s policy on offeringor receiving gifts and services?
Accepting/Giving Gifts, Meals, etc.
Find out policy when you start work with a company or agency
Keep in mind that as a professional, you are an agent for the owner, state, contractor, company, etc.
The appearance of impropriety can cause the same damage as doing it.
There is no such thing as a “free lunch”
Drnevich on Professionalism and EthicsApril 2014 36
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Rule 11 – Professional Conduct, Cont’d.
Conflicts of interest, Cont’d.
The engineer shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products.
When in public service as a member, advisor, or employee of a governmental body or department, the engineer shall not participate in considerations or actions with respect to services provided by the engineer or the engineer's organizations in private engineering practices.
The engineer shall not solicit or accept an engineering contract from a governmental body on which a principal, officer, or employee of the engineer's organization serves as a member.
April 2014
Wired Projects
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Rule 11 – Professional Conduct, Cont’d.
Payment of consideration to secure work prohibited; exception The engineer shall not offer to pay, either directly or indirectly, any
commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing a salaried position through employment agencies.
The engineer shall seek professional employment on the basis of qualification and competence in the proper accomplishment of similar work.
The engineer shall not falsify or permit misrepresentation of the engineer's or the engineer's associates' academic or professional qualifications.
Use of name in fraudulent or dishonest venture
April 2014
Drnevich on Professionalism and Ethics 39
Reporting violations
IC 25-1-7 Investigation and Prosecution of Complaints Concerning Regulated Occupations
Sec. 2. The office of the attorney general, under the conditions specified in this chapter, may receive, investigate, and prosecute complaints concerning regulated occupations.
Sec. 4. All complaints must be written and signed by the complainant and initially filed with the director. Except for employees of the attorney general's office acting in their official capacity, a complaint may be filed by any person, including members of any of the boards listed in section 1 of this chapter.
http://www.indianaconsumer.com/filecomplaint.asp
April 2014
Drnevich on Professionalism and Ethics 40
Recognizing Ethical Problems
We have an ethical problem when we: Have “that feeling in the pit of our
stomach” Start rationalizing about a decision Use the phrases
▪ “everyone does it”▪ “it’s not that important”▪ “that could hurt his/her feelings”▪ ______________????
April 2014
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Systematic Approach to Ethics
How do you solve ethical problems?
Ethical thinking - "organized, reasoned analysis of value-laden problems.”
April 2014
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Making value-laden decisions Generated by the CE394 class on October 29, 1998
1. Realize that we have a problem 2. Define the problem (Who - stakeholders, What,
When, Where,Why, Evidence)
3. Options available - Possible solutions 4. Weigh the consequences (Pros. vs. Cons.) 5. Compare to others - Code of Ethics 6. Compare to the law (IC 25-1-11-5 and 864 IAC Rule
11) 7. Does it feel right? (NY Times rule. What does your
gut tell you? The Golden Rule.) 8. Ask someone else 9. Choose what to do 10. Act on it 11. Learn from experience
April 2014
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Board of Ethical Review
The Board of Ethical Review is a panel of engineering ethics experts that has served as the profession's guide through ethical dilemmas. The board consists of seven licensed members
who are appointed by the NSPE president. The purpose of the BER is to render impartial
opinions pertaining to the interpretation of the NSPE Code of Ethics, develop materials, and conduct studies relating to ethics of the engineering profession.
http://www.nspe.org/resources/pdfs/Ethics/EthicsReferenceGuide.pdf
April 2014
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Board of Ethical Review Home Page
April 2014
Reprinted by Permission of the National Society of Professional
Engineers(NSPE) www.nspe.org.
45
BER Step 1 – List Facts
April 2014 Drnevich on Professionalism and Ethics
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
Case No. 06-1 - Conflict of Interest: Participation in Seminar and Reward Program for Specifying Systems Facts: Engineer A receives the following solicitation from a company: EFG Building Supply Company would like to invite you to participate in a new program tailored for engineers of septic/drainage systems. To qualify for this plan, attend the complimentary EFG Building Supply Company Seminar on Septic/Drainage Systems. If you are convinced of the value of our system, simply note on system plans that EFG carries septic and drainage products.
For the EFG Building Supply Company Reward Program, your customer makes discounted purchases of EFG septic pipe on your EFG cash account (this is strictly a pay as you go basis). Every month you will receive a rewards certificate. This certificate is based on a percentage of monthly sales. Priority cash coupons may be redeemed at EFG and the East Westville Resort and Country Club.
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BER Step 1 – Describe the Problem
April 2014 Drnevich on Professionalism and Ethics
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
Questions:
1. Would it be ethical for Engineer A to attend the complimentary EFG Building Supply Company Seminar on Septic/Drainage Systems? 2. Would it be ethical for Engineer A to participate in the EFG Building Supply Company Reward Program?
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BER Step 2 – Compare to Others Sections in Code of Ethics
April 2014 Drnevich on Professionalism and Ethics
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
References: Section II.4.c. - NSPE Code of Ethics: Engineers shall not solicit nor accept financial or other valuable consideration, directly or indirectly, from outside agents in connection with the work for which they are responsible. Section III.5. - NSPE Code of Ethics: Engineers shall not be influenced in their professional duties by conflicting interests. Section III.5.a. - NSPE Code of Ethics: Engineers shall not accept financial or other considerations, including free engineering designs, from material or equipment suppliers for specifying their product. Section III.5.b. - NSPE Code of Ethics: Engineers shall not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with clients or employers of the engineer in connection with work for which the engineer is responsible. Section III.9.e. - NSPE Code of Ethics: Engineers shall continue their professional development throughout their careers and should keep current in their specialty fields by engaging in professional practice, participating in continuing education courses, reading in the technical literature, and attending professional meetings and seminars.
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BER Step 2 – Compare to Others
Previous Cases in the BER None in this particular case
April 2014 Drnevich on Professionalism and Ethics
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
49
BER Step 3
Detailed discussion of Code provisions, previous cases, and facts in this case
April 2014 Drnevich on Professionalism and Ethics
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
Discussion:
The issue of conflicts of interest is among the most fundamental ethical situations faced by engineers. In the course of their professional practice, engineers face situations involving conflict of interests on an ongoing basis. Each situation must be evaluated based upon the individual and specific facts in the case as there is no one-size-fits-all rule that can be applied to conflict of interest situations. Some situations involve obvious answers while others are more complicated and require careful analysis and examination. While sometimes the appropriate response is disclosure of all of the facts and circumstances to all parties, in other cases, disclosure is insufficient and other courses of action are necessary. In other situations, the engineer must avoid the conflict entirely or else run afoul of basic ethical principles. Continued……
Drnevich on Professionalism and Ethics 50
BER Step 4
Based on Codes of Ethics, other cases, and facts in this case, provides a conclusion
April 2014
Reprinted by Permission of the National Society of Professional Engineers(NSPE) www.nspe.org.
Conclusions: 1. It would be ethical for Engineer A to attend the complimentary
EFG Building Supply Company Seminar on Septic/Drainage Systems.
2. It would not be ethical for Engineer A to participate in the EFG Building Supply Company Reward Program.
Drnevich on Professionalism and Ethics 51
Ethical Decisions are Tough!
Not always “black” or “white”, but most often shades of “gray”
Personal loyalties/feelings involved No-win situations Job or livelihood at stake Conflicting guidelines _____________????
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Drnevich on Professionalism and Ethics 52
Ethical Health Fitness
Balance of physical, emotional, social, intellectual, economic, and spiritual health
Take time to “sharpen the saw” (Covey) through reflection, study, Cont. Ed., etc.
Discuss issues with other professionals
Consistency of behavior in small things as well as big
“As you are in your play, you are in your work” (Lewis Drnjevich, Vince’s grandfather)
April 2014
Drnevich on Professionalism and Ethics 53
Order of the Engineer http://www.order-of-the-engineer.org/
April 2014
The Order of the Engineer was initiated in the United States to foster a spirit of pride and responsibility in the engineering profession, to bridge the gap between training and experience, and to present to the public a visible
symbol identifying the engineer.
Member identified by the wearing of a stainless steel ring on the small finger
of the working hand.
Ceremony at ISPE Annual Convention in June and at Purdue in April and December
Reprinted with permission of the Order of the Engineer
Drnevich on Professionalism and Ethics 54
Summary
Ethical behavior benefits everyone Ethical behavior may be:
Unwritten agreements Codes established by professional societies Statutes and Rules
Upon renewal of PE license, the person Acknowledges familiarity with the Law and
Rules Agrees to abide by them
Engineers must be aware of agency and company policies concerning gifts
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Summary, Cont’d.
Codes of Ethics are essential for professionals Professional/technical societies and
professional licensing laws and rules determine the ethical practice of engineering
Use a systematic approach for resolving value-laden problems (Use the process developed in CE 394)
Board of Ethical Review gives examples of many ethic problems
Stay Ethically fit
April 2014
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Ethics References
Indiana State Board of Registration for Professional Engineers http://www.in.gov/pla/files/SBRPE_2012_Compilation.pdf http://www.in.gov/pla/3359.htm
The National Institute for Engineering Ethics (NIEE) http://www.niee.org/
The National Society of Professional Engineers http://www.nspe.org/ethics/ http://www.nspe.org/Ethics/EthicsResources/BER/index.html
Indiana Society of Professional Engineers
http://www.indspe.org/newsletter.html
The American Society of Civil Engineers http://www.asce.org/Content.aspx?id=15290
April 2014
Drnevich on Professionalism and Ethics
Completion of Quiz/Evaluations
All participants are to complete the one-page evaluation that was handed out at the start of this presentation The upper part of the evaluation is a QUIZ to test what
you have learned from this course. You must complete this part of the Evaluation
The lower part of this evaluation is your evaluation of this course and is optional
Pass the completed Quiz/Evaluation sheets to the aisle for collection by the attendants or hand to the attendants as you leave the room
Quizzes will be graded and will indicate successful completion of this courseApril 2014 58
It was nice to be with you today!
Vince Drnevich
E-mail: drnevich@purdue.edu
(765) 494-5029
This completes the “Ethics and Professionalism"
course!
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