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Professional Ethics For the Health and Safety Professional June 2004 ASSE Conference Las Vegas

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Page 1: Ethics Ass e 2004

Professional Ethics

For the Health and Safety Professional

June 2004

ASSE Conference Las Vegas

Page 2: Ethics Ass e 2004

Dr. Peter Strahlendorf B.Sc., LL.B., LL.M., S.J.D., B.E.S., CRSP

Associate Professor

School of Occupational and Public Health

Ryerson University

Toronto, Canada

Page 3: Ethics Ass e 2004

Pick One

1. Ethics cannot be taught. You are able to sense what is right, good and just, and are motivated to act – or you are not.

2. While people differ in their abilities, most people can improve their ethical decision-making through education and practice.

Page 4: Ethics Ass e 2004

A Personal Challenge to the Science-Oriented

Do we think differently when thinking scientifically than when thinking ethically?

Can you find scientific answers to the questions “what is reasonable?”, or “what is fair”?

This is part of the “art” of OHS practice.

Page 5: Ethics Ass e 2004

Professional Ethics

What is a “profession”?

What is “ethics”?

What is “professional ethics”?

Ethical theories

Thinking about professional ethics

Professional values

Codes of Ethics

Page 6: Ethics Ass e 2004

Do you agree?

It is always wrong to intentionally take an innocent life?

Page 7: Ethics Ass e 2004

Do you agree?

The right course of action is to weigh the consequences of action and choose the action that leads to the greatest good for the greatest number?

Page 8: Ethics Ass e 2004

Two Valid Moral Positions

The first is “Kantianism”

Kant: Right or wrong regardless of consequences

The second is “Utilitarianism”

Utilitarianism: Right or wrong depending on consequences

Most people agree with both positions

Page 9: Ethics Ass e 2004

Dilemma

The hijacked plane with 200 people is approaching a building with 50,000 people

Vote! Will you shoot down the plane?

Page 10: Ethics Ass e 2004

Dilemma

You cannot subscribe to both principles in the case.

A true moral dilemma

Which position has the greatest weight in the circumstances?

Page 11: Ethics Ass e 2004

Orientation

Aim to show several different ways to think through a problem in professional ethics, rather than merely describe what professionals say are their problems (sociology of ethics).

Page 12: Ethics Ass e 2004

“Profession”

“Ethics”

“Professional Ethics”

Page 13: Ethics Ass e 2004

Profession

All professions are occupations, but not all occupations are professions

Can take a broad or narrow view of what is a “profession”

A “self-regulated occupational group capable of legally prohibiting others (including incompetent or unethical members) from practising” is a narrow view

Page 14: Ethics Ass e 2004

Based Primarily on :

“Morality and the Professional Life”

Cynthia A. Brincat

Victoria S. Wike Prentice Hall, 2000

ISBN 0-13-915729-8

Page 15: Ethics Ass e 2004

Profession

1. Group identity

2. Shared education, training -- requirements for admission

3. Special uncommon knowledge

4. Knowledge used in the service of others… positive social need

5. Involves individual judgment, (some) autonomy in decisions

6. Adherence to certain values

7. Penalties for substandard performance

Page 16: Ethics Ass e 2004

Profession

Matter of degree … there are many “emerging professions”.

Obstacle in the way of the OHS professional is the diverse nature of practice with competing co-professionals.

Page 17: Ethics Ass e 2004

Profession

You are not a professional until you are a member of a group of colleagues who have articulated a set of standards and values and can enforce them, at the very least, by exclusion from the group.

Page 18: Ethics Ass e 2004

“Professionalism”

1. Skill, competency in work

2. Relational element – work will be beneficial to others

Work itself doesn’t have moral status

Execution of work has moral status

Page 19: Ethics Ass e 2004

Recognizing when We’re in the Realm of Ethics

Watch the language:

Right and wrong -- Actions

Good and bad -- Motives, methods, goals

Page 20: Ethics Ass e 2004

Professional Ethics

Purpose… Helps professional decide when faced with a problem that raises a moral issue

Complexity … Can be many people, with many issues involved … may be involved history to the issues … may be an issue WHO decides, not just WHAT decided.

Page 21: Ethics Ass e 2004

Ethics and Morality

Morality – making choices with reasons

Ethics – the study of HOW the choices are made, ie “ethics is the study of morality”

Often use “ethics” and “morality” interchangeably

Page 22: Ethics Ass e 2004

General vs Professional

General Ethics – individual as member of community, broader range of issues, “top down” principles

Professional Ethics – moral expectations specific to the occupational group, tend to focus on concrete “bottom up” cases

Page 23: Ethics Ass e 2004

Morality and Ethics

Professional Morality – what we do in our occupational lives

Professional Ethics – the study of what we do in our professional lives

Page 24: Ethics Ass e 2004

Ethics and Law

Law – the authority is external

Ethics – the authority is internal

Much of law, but not all, is based in morality

Sometimes law is unethical

Much of what is ethical is unaddressed by legal rules

Page 25: Ethics Ass e 2004

Professional Ethics and Law

There is a moral duty to obey the law (with some caveats)

Professional ethics covers more issues than the law

One can be unethical without behaving illegally

Rare – ethically must resist the law

Page 26: Ethics Ass e 2004

Professional Ethics and Law

Be very careful not to embark in an exercise in ethical analysis when there is a clear legal rule in the situation that trumps the entire process of ethical analysis.

Page 27: Ethics Ass e 2004

Professional Ethics and Law

Be very careful not to assume that there is a legal rule for every situation. Often the gaps between legal rules require one to switch to an ethical analysis.

Page 28: Ethics Ass e 2004

Ethics

Descriptive ethics – “What IS”

Prescriptive ethics – “What OUGHT to be”

We do not seek to study professional ethics as a sociologist would, but to assist with choices about what one ought to do.

Page 29: Ethics Ass e 2004

Descriptive Ethics

2002 British study by Burgess and Mullen:

77% of hygienists had witnessed ethical misconduct by colleagues within last 5 years.

Page 30: Ethics Ass e 2004

Descriptive Ethics

Burgess and Mullen study. Most common cases:

1. Plagiarism

2. Confidentiality of data

3. Faked data

4. Criticizing colleagues for gain

5. Holding back, disguising data

6. Destruction of data

7. Not reporting incident deliberately

Page 31: Ethics Ass e 2004

Descriptive Ethics

Patricia Logan 2001, USA. Reported reasons for misbehavior, hygienists:

1. Economic pressure

2. Transition from employee to consultant results in compromises

3. Working in foreign countries

4. Lack of legal standards

5. Working on contingency basis

6. Decrease in job security

Page 32: Ethics Ass e 2004

Descriptive to Prescriptive

Two very different ways of reasoning. Descriptive, or scientific, studies of professional ethics help us identify issues that need to be included in Code of Ethics and in educational programs. Gives us our “case studies”.

Page 33: Ethics Ass e 2004

Prescriptive Ethics

“What OUGHT to be”

The words used are different… good-bad, right-wrong, just-unjust

Thought processes use values, goods, virtues, rules, ethical theories, moral reasons, moral explanations, and moral decisions.

Page 34: Ethics Ass e 2004

Why the Interest in Professional Ethics?

1. As occupations become more specialized, the ethical issues become more specialized

2. Professional societies have increased efforts to establish ethical codes to guide members

3. Increasing public scrutiny, lack of traditional deference

4. Regulatory oversight, public protection

Page 35: Ethics Ass e 2004

Moral Reasoning

Page 36: Ethics Ass e 2004

Machinery of Prescriptive Ethics

1. Rules – e.g. “always tell the truth”

2. Values – e.g. Integrity

The two are intimately related.

Page 37: Ethics Ass e 2004

Prescriptive Ethics

Judgments should be

“universalizable” or “generalizable”

Judgments should apply to like cases and not be case-specific or subjective

“If it applies to me now, it should apply to anyone else in a similar position.”

Page 38: Ethics Ass e 2004

Moral Relativism

Ethical values are relative to time, place and culture

Moral beliefs are subjective and arbitrary

“It’s all a matter of personal opinion”

Decisions shift easily

Page 39: Ethics Ass e 2004

Moral Absolutism

Ethical values completely objective

Unchangeable, universal, no exceptions

Comparatively inflexible

Neither position tenable.

Page 40: Ethics Ass e 2004

Objectivity

Codes of ethics require objectivity, which means that there are principles and values outside of the individual that the members of the community share and that individuals will be measured against.

Page 41: Ethics Ass e 2004

Objectivity

“Thinking reasonably is thinking morally.”

Samuel Johnson

Page 42: Ethics Ass e 2004

Reasonable Person -- Peer

What would the reasonable peer do in the circumstances?

Reasonable person: mature, sane, sober, well-informed, well-intentioned, open-minded, calm, detached but empathetic …

Reasonable peer – add expertise.

Page 43: Ethics Ass e 2004

Moral Decisions

Reasons explain a decision:

Reason + Reason +… = Decision

Explanation… System of reasons

Page 44: Ethics Ass e 2004

A Moral Reason

Is general, not particular or contingent

reason, not instinct or external authority

not selfishness

moral value, not economic, legal, social value

Page 45: Ethics Ass e 2004

Moral Explanation

At least one of the reasons justifying a decision is a moral reason.

This identifies, but does not evaluate a moral explanation.

Page 46: Ethics Ass e 2004

Dilemma

Explanation 1

Reason + Reason + … Decision 1

Explanation 2

Reason + Reason + … Decision 2

May or may not be a MORAL dilemma

Page 47: Ethics Ass e 2004

Non-Moral Dilemma

1. I should work late and finish the work I promised I’d finish.

2. I should leave and go to a party because I like parties and want to enjoy myself.

1. = universalizable, non-selfish, moral value (integrity, responsibility, promises…)

2. = non-moral reasons and decision.

Page 48: Ethics Ass e 2004

Moral Dilemma

Moral Explanation 1

Moral reason + reason +… = Decision 1

Moral Explanation 2

Moral reason + reason + … = Decision 2

Page 49: Ethics Ass e 2004

Resolution of Dilemmas

Some dilemmas are resolved because they are not moral dilemmas.

Some MORAL dilemmas can be resolved through a creative third alternative that satisfies both moral outcomes.

Or, possible to sequentially act on each one.

Or, evaluation will show which is strongest moral explanation and decision.

Page 50: Ethics Ass e 2004

Evaluate Moral Reasons

STRONG

relevant to decision

concern with person(s) most affected by decision

focussed on values of central importance

WEAK

tends to be irrelevant

not concerned with person(s) most affected by decision

emphasizes peripheral values

Page 51: Ethics Ass e 2004

Evaluate Moral Explanations

STRONG

use several perspectives (consequences, motives, rights, virtues, etc.)

considers all persons

many values

WEAK

narrow focus

selective concern

fewer values

Page 52: Ethics Ass e 2004

Ethical Theories

Page 53: Ethics Ass e 2004

A Moral Theory

Is a broad perspective which:

helps us decide which element of a moral problem is most important (e.g. consequences, rights, goods, virtues, etc.)

helps us resolve conflicts between rules and between values.

Page 54: Ethics Ass e 2004

How We Come by Moral Theories

Family

Religion

Culture

Experience and reflection

Education

Page 55: Ethics Ass e 2004

Moral Action Theories -- “Doing”

consequences for community

rights of individuals

duties of individuals

What correct course of action should I take?

Page 56: Ethics Ass e 2004

Moral Status Theories - “Being”

Virtue, character

Care, relationships

Narrative, history and plans

What kind of person should I be?

Page 57: Ethics Ass e 2004

Human Goods

Life, health

Knowledge

Play

Art

Friendship

“Self-evidently good”

Page 58: Ethics Ass e 2004

Human Goods

Human life considered to be fundamental good, pre-conditional good

Human life is not measurable, “life is priceless”

Leads to dilemmas in the workplace

Page 59: Ethics Ass e 2004

Consequentialism

The greatest good for the greatest number

an act is right only if it tends to result in the greatest net good

all acts are potentially permissible; depends on consequences

all persons count equally

difficult to determine which consequences, what probability, what weight?

May sacrifice individuals for greater good

Page 60: Ethics Ass e 2004

Consequentialism

Utilitarianism is major consequentialist theory

Not the only one

May aim for human goods as a matter of duty, without a strict utilitarian calculation

Page 61: Ethics Ass e 2004

Rights-Based Theories

Right = justified claim on someone

Right-holder may or may not claim right

Which rights?

Which rights more fundamental? Or pressing?

An act is morally right if it respects and upholds rights

Respects individuals, bearers of rights

Good of community may be sacrificed for right of individual

Page 62: Ethics Ass e 2004

Duty-Based Theories

Duty = obligation, responsibility

Considers motive or intention of decision-maker, plus nature of act, rights, consequences

Good motive, means are acceptable, nature of act is good

Consequences are of secondary consideration

Recognizes complexity

Value of individual is important

May sacrifice community good for the sake of individual duty

Page 63: Ethics Ass e 2004

Kantianism

Often viewed as a duty-based theory

But rights emerge from duty to treat others with respect

X has a duty to Y

Y has a right that X must respect

E.g. right to know and duty to tell

Page 64: Ethics Ass e 2004

Kantianism

“Deontological” = prior to action

Decide if an act is right or wrong without looking at consequences

Motivated by reason alone

“Universal moral imperatives”

Reason tells us that something is always right … all can follow without contradiction

Page 65: Ethics Ass e 2004

Kantianism

Duty to:

“Always tell the truth”

“Always avoid taking an innocent life”

“Always treat others as ends in themselves and never as means solely” Basis of respect for persons

Page 66: Ethics Ass e 2004

Virtue-Based Theories

Act for the sake of virtue, or as a virtuous person would

A virtue is a good character trait or disposition

Tendency to act in a way that promotes human good or human flourishing

Vice is a bad character trait

More people affected by virtue than fewer

More virtues expressed than fewer

BUT, some virtues may be more important than others

Whole person considered, not isolated acts

Virtues may be culturally specific

Page 67: Ethics Ass e 2004

Virtues

Examples:

Benevolence

Justice

Loyalty

Friendliness

Courage

Honesty

Integrity

Page 68: Ethics Ass e 2004

Moral Reasoning

Part 2

Page 69: Ethics Ass e 2004

Using Moral Theories

Not what is decided, but HOW it is decided

Theories identify values and interpret values

A person’s moral theory explains why they hold the values they do

Page 70: Ethics Ass e 2004

Professional Ethics

Professional’s work involves decision-making

One’s own decisions, decisions of others

Relational component to professional work

Must understand reasons and decisions of others

Must make own decisions in context of others’ decisions

Page 71: Ethics Ass e 2004

Moral Framework

Provide a Moral Explanation by:

Appeal to a Rule (rightness, wrongness)

Using a Theory (perspective)

Applying a Value

…in order to make a Decision

Page 72: Ethics Ass e 2004

Moral Framework

Analysis … decision is already made

Decision-making … decision still to come

Analysis

DecisionRuleTheoryValue

Decision-making

Page 73: Ethics Ass e 2004

Professional

Values and Virtues

Page 74: Ethics Ass e 2004

Common Professional Values

Integrity

Honesty

Promise keeping

Loyalty

Competence

Page 75: Ethics Ass e 2004

Common Professional Values

Respect for persons

Justice

Compassion

Confidentiality

Page 76: Ethics Ass e 2004

Comparison

Medicine and law: services relate primarily to persons

Engineering and other science based professions: services relate primarily to things

OHS professional: services relate to both; more complex

Page 77: Ethics Ass e 2004

Comparison

Medicine and law: solo practice or partnership

Engineering: employee in organization

OHS professional: Consultant, employee, official

-- Wider issues of responsibility

-- Relations, context, conflicts, values not always the same

Page 78: Ethics Ass e 2004

Integrity

Most common value in professional codes

Keystone value

“Consistent commitment to moral commitments”

“Structural integrity” = our moral character is the same, whole, integrated

Can’t commit to conflicting standards and have integrity

Page 79: Ethics Ass e 2004

Integrity and Honesty

Related values

Honest people “have integrity”

To be true to a system of values, one must be honest

Integrity requires being committed to honesty

Honesty is a way of valuing integrity

Page 80: Ethics Ass e 2004

Problem

Brilliant, first class OHS professional … but he suggested a scheme many years ago … we would advise clients only solution to a certain regulation was purchase of a very expensive storage tank for which we and our third partner (unknown to client) would have sole vending rights …

Page 81: Ethics Ass e 2004

Integrity and Honesty

Rules:

admit errors

refrain from false/misleading pretences … competency

advise clients truthfully

don’t fool with the numbers

don’t steal others’ work -- plagiarism

Page 82: Ethics Ass e 2004

Problem

A few years ago, heard that “Tony”, a former student was claiming that he was a professor in OHS at our university in his consulting adverts.

Investigated: His flyer said “engaged with instruction at Ryerson in OHS for 4 years” .. . Verbally interpreted as “teaching”.

Page 83: Ethics Ass e 2004

Problem

“We like to order more copies of your training manual”

Never heard of the company; not a client.

“How did you get original training manuals?”

“Oh, Mr X used them when he did training for us last year.”

Page 84: Ethics Ass e 2004

Integrity and Promise Keeping

Lack of integrity/honesty = “say X, mean Y”

Integrity: follow through on promises

Be careful about promises as may jeopardize integrity

OHS consultant: promise more than one can deliver?

Page 85: Ethics Ass e 2004

Problem

Bait and Switch:

Albert Einstein does the pitch but Gomer Pyle shows up to do the OHS work ….

Page 86: Ethics Ass e 2004

Problem

Consultant promises to:

1. Get you to world class safety in 3 months

2. Get your “accidents to zero”

3. Ensure compliance

Or head office wants you, the employee, to agree to the above.

Page 87: Ethics Ass e 2004

Integrity and Loyalty/Dependability

“Avoid actions that degrade integrity of profession” = loyalty to profession

Be loyal to profession’s goals

If committed to profession, be committed to profession’s goals

Dependability is a display of loyalty

Loyalty to employer’s goals

Page 88: Ethics Ass e 2004

Disloyalty to Profession’s Goals

OHS professional:

Advocates high risk behaviour?

Chooses incompatible values to promote?

Displays risky behaviour in personal life?

Page 89: Ethics Ass e 2004

Problem

Member of a professional OHS group, certified by that group, set up his own designation and offered short courses for $ for people to obtain the designation. In his advertising, he said the new designation was “just as good” as the original, only half as expensive and 1/10 the time.

Page 90: Ethics Ass e 2004

Conflicts Involving Integrity

Commitment to our commitments

What if 2 or more commitments in conflict?

Creatively find alternatives where not at odds

Often values not in true conflict, but interpretation of values

May be a greater commitment to some values than others; compromise necessary in world of scarce resources

Page 91: Ethics Ass e 2004

Problem

“Protect life, environment, and property.”

“Do not compromise.”

Possible?

Are the values of equal priority when commitments come into conflict?

Page 92: Ethics Ass e 2004

“Whistleblowing”

Disclosure of wrong-doing

Conflict: protection of life versus loyalty

Honesty versus loyalty

Honesty versus promise keeping

Page 93: Ethics Ass e 2004

Problem

Your report shows areas of high risk, non-compliance, errors etc.

Your superior or client rewrites the report, eliminating your data and conclusions, or buries the report.

Duty to warn in conflict with ….

Page 94: Ethics Ass e 2004

“Whistleblowing”

Explore all options to avoid conflict

Creativity and clarification often reduce conflict

Compromise between values often possible

Distinguish between internal versus public whistleblowing

Page 95: Ethics Ass e 2004

“Whistleblowing”

Some cases of public whistleblowing excessive and involve motives of spite, revenge, self-justification

Best companies have addressed whistleblowing and protect it… provide internal mechanisms

Hard cases requiring self-sacrifice actually rare, involve high risk

Page 96: Ethics Ass e 2004

Competency

Part of the meaning of “professional” is to possess special, uncommon knowledge and skills.

Don’t have to be best in profession, just above threshold.

Redundant to put in Codes of Ethics?,

as incompetent person should not have been granted status, or should have been weeded out?

Page 97: Ethics Ass e 2004

Competency – Duty to Maintain

Far more important is a duty to keep up, to maintain competence.

As technology and knowledge improve, the bar of professional practice is raised.

“Standing still” results in eventual incompetence.

Page 98: Ethics Ass e 2004

Problem

A few years ago, a well known member of the profession stated publicly that a failure to adopt behavior-based safety was professional malpractice (hence, unethical).

Agree?

Page 99: Ethics Ass e 2004

Problem

Insofar as BBS is “behavioral psychology”, we would be missing out on cognitive psychology, developmental psychology, evolutionary psychology, etc. etc.

Page 100: Ethics Ass e 2004

Solution

Professional groups should be leery of declaring that certain theories and techniques are “true” or established.

Better approach is the PDC approach where competing and novel ideas are not barred. Gradual, contingent acceptance is the pathway.

Page 101: Ethics Ass e 2004

Areas of Competence

Extremely important in a profession:

1. where people come from a wide variety of disciplines

2. there are many areas of specialization, and

3. there are other professions adjacent

Page 102: Ethics Ass e 2004

Problems

1. You are asked to provide expert evidence in an area that you are not truly an expert.

2. Head office wants all locations to institute a certain safety technique about which you know little.

3. You observe a colleague offering services in areas you know he or she has little competence.

Page 103: Ethics Ass e 2004

Respect for Persons

All persons are due basic respect and a dignity which is to be respected

Kant: “treat every person as as end, and not as a means solely”

Other people are not merely a method for our own goals; others have their own goals

Others may be used with informed consent … contracts are moral

Page 104: Ethics Ass e 2004

Respect for Persons

Distributive justice - distributive criterion for basic respect and dignity is personhood

Respect on a continuum - desert beyond the basic minimum

Respect for certain aspects of others: integrity, wisdom, honesty, skill, experience

Basis of respect for professional peers

Page 105: Ethics Ass e 2004

Respect for Persons

Professional - show basic respect for every person, even if not felt

Not hypocrisy

Many professional codes refer to a right to “respectful care” on part of client/patient

Confidentiality, privacy, autonomy, choice, informed consent, self-development, empowerment

Page 106: Ethics Ass e 2004

Problem

OHS professional transferred to company’s gold mine in South Africa. A large portion of miners were HIV positive, and life expectancy averaged 2 years. Company’s unstated position that spending on safety uneconomical due to short life span of workers? Solution?

Page 107: Ethics Ass e 2004

Justice

Justice as “fairness”

Involves “balancing”, “weighing” and conforming to a standard

Moral psychology: people have a “sense of justice”

Four forms of justice: Commutative, distributive, retributive and procedural

Page 108: Ethics Ass e 2004

Commutative Justice

Unfair to leave a harm uncorrected.

X does harm to Y. Take from X to compensate Y so as to address the imbalance. Basis of law of torts.

Fairness lies in putting people back in the position they would have been in had the harm not been done

Page 109: Ethics Ass e 2004

Distributive Justice

Fairness in distributions

Distribute X according to pre-agreed criterion Y (need, ability to pay, merit, status, personhood)

We distribute DVD players on the basis of ability to pay, university degrees on the basis of merit, and human rights on the basis of personhood

Page 110: Ethics Ass e 2004

Retributive Justice

Balance severity of punishment with severity of harm for which punishment imposed

Severe punishment for severe wrongs, light for slight

Workplace discipline should be fair in such a balanced fashion.

Page 111: Ethics Ass e 2004

Procedural Justice

Fairness in decision-making about others’ interests

Unbiased decision-maker

Hear both sides

Mutual disclosure, notice

Treat both sides equally

Balance between the parties

Page 112: Ethics Ass e 2004

Justice

Treat like cases alike

Justice equality, Justice = equity

Equal and unequal treatment could both be “fair”

“Rewarding” and “punishing” can both be “fair”

Not always concerned with legal version(s) of justice

Page 113: Ethics Ass e 2004

Justice in the Workplace

Fair compensation for services

Equal treatment in process

Unfair competitive practices

Appropriate (fair) discipline

Hearing both sides in a dispute

No bias re grounds of discrimination

Page 114: Ethics Ass e 2004

Professional Codes & Justice

Accountability -- punish professionals who violate standards

Duty to report colleagues’ wrong-doing for retributive justice to be carried out

Fairness: warning, reprimand, suspension, expulsion from group

Page 115: Ethics Ass e 2004

Professional Codes & Justice

Fairness in distribution of professional services -- no discrimination

More than one form of justice can be in play at same time

Page 116: Ethics Ass e 2004

Compassion

A professional is compassionate

No “relational sensitivity” = no professional life

Compassion is a feeling

No obligation to feel compassion, but an obligation to act compassionately

Some believe professional is “dispassionate”

Page 117: Ethics Ass e 2004

Compassion

Concern for others

Strongly relational: employer-employee, colleague-colleague, professional-client

Imagine (if you can’t ask) what it would be like in the other’s shoes

Not “knowing better”, but “knowing as”

Page 118: Ethics Ass e 2004

Compassion

Two rules:

Alleviate suffering

Act in other person’s actual (to them) best interest

Page 119: Ethics Ass e 2004

Confidentiality

Confidentiality regarding:

1. Whose interests

2. Which interests

Page 120: Ethics Ass e 2004

Confidentiality

Confidential information of:

1. Worker

2. Employer

3. Colleague

4. Competitor

Page 121: Ethics Ass e 2004

Confidentiality

1. Medical information

2. CBI – confidential business information

Legal rules exist in many jurisdictions for both.

Page 122: Ethics Ass e 2004

Problem

“You’ve won the contract but how about including these features of your competitor’s work – from his proposal -- into your services. We insist…”

Should you? Aiding in a breach of confidentiality by the client?

Page 123: Ethics Ass e 2004

Problem

You signed a confidentiality agreement when consulting for a world class company - X. During the contract you learn many highly effective techniques. Later you are asked to give a talk at a PD conference on “X’s world class safety techniques”.

Page 124: Ethics Ass e 2004

Problem

If clear contractual language, not an ethical issue but a legal one.

Yet, contractual non-confidentiality clauses do not typically capture experience.

Not simple, outside of legal issue, as failure to share knowledge a breach of a professional standard. Lives may be saved with broader use of technique.

Page 125: Ethics Ass e 2004

Problem

You signed a confidentiality agreement, and began contract. Discovered:

1. An issue of high risk, the company ignoring; or

2. An issue of high risk, the company actively covering up, lying; or

3. An issue of high risk, the company knows it’s in clear legal non-compliance.

Page 126: Ethics Ass e 2004

Conflicts

Human life versus property

e.g. Right to know versus trade secrets

Human life versus environment

e.g. Take time to ensure PPE of response crew versus speed in preventing chemical reaching natural environment

Page 127: Ethics Ass e 2004

Conflict of Interest

Usually refers to conflict between professional duties and personal interests

Can also refer to conflict between professional duties/values and other values

Page 128: Ethics Ass e 2004

Objective Decision-making

Often expressed in Codes of Ethics

Opposite of subjectivity

Does the decision and the reasoning behind it hold up to scrutiny by the “reasonable peer”?

No bias, truthfulness, no conflict of interest

Page 129: Ethics Ass e 2004

Cost Benefit Analysis (CBA)

Commonly used to guide action

Related to risk benefit analysis

1. What are alternatives?

2. Identify costs and benefits of each

3. Quantify

4. Calculate net gain of each

5. Choose one with greatest net gain

Page 130: Ethics Ass e 2004

Criticism of CBA

1. Not all costs/benefits identified

2. Correct weight not given

3. Action may be greatest net gain but morally impermissible from another moral perspective

4. Appears “scientific” or “value free”; but not

5. Merely a utilitarian technique

Page 131: Ethics Ass e 2004

Environmental Protection

1. Protect human interest in the environment, versus

2. Protect the environment “for its own sake”

Environmental ethics is problematic:

-- “rights” for non-moral creatures?

-- universalizability of principles?

Page 132: Ethics Ass e 2004

Protection of Property

Often denigrated as a value

Compares poorly with “human life”

Yet, pre-condition to many aspects of human flourishing

Implicit in organizational values of commercial enterprises

An issue in many dilemmas and cannot be ignored

Page 133: Ethics Ass e 2004

Relations with Colleagues

Distinguish between duties to profession as an institution and duties to professional colleagues

Don’t bring profession into disrepute

Treat colleagues in a professional manner

Page 134: Ethics Ass e 2004

Relations with Colleagues

Co-operative

Respect

Egalitarian

Supportive and helpful

Openness

No blatant crude competition

Intra-professional recognition based on merit

Maintenance of discipline

Page 135: Ethics Ass e 2004

Professional

Codes of Ethics

Page 136: Ethics Ass e 2004

Code of Ethics

Clarifies values and rules

Facilitates group cohesion

Instills necessary public confidence

Used as framework for discipline

Page 137: Ethics Ass e 2004

Code of Ethics -- The Audience

1. Members of profession

2. Clients, employers

3. Agencies and regulators

4. Public at large

5. Professional “competitors”

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Code of Ethics -- Positive

1. Inspirational?

2. Educational?

3. Enforcement, self-policing

4. Resolve moral dilemmas?

5. Alert audience of expected standard of performance

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Code of Ethics -- Negative?

1. Done to polish public image?

2. Protects professional monopoly?

3. Status symbol of emerging profession?

4. Can instill complacency (“we have a code of ethics, therefore we are ethical”)

5. Cannot create an ethics

6. Cannot truly codify ethics

7. Of marginal ability to resolve ethical dilemmas without collateral education

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Code of Ethics

Examine each statement in Code

Where do you see the professional values we have been reviewing?

Do we agree they need “unpacking” and further study to see what they really mean in application?

Do we agree that a Code of Ethics is good, but not sufficient?

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ASSE Code of Professional Conduct

Duty to serve and protect people, property and environment.

Exercise duty with integrity, honor and dignity.

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ASSE Code of Professional Conduct

Principles:

1. Protect people, property and the environment through the application of state-of-the-art knowledge.

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ASSE Code of Professional Conduct

Principles:

2. Serve the public, employees, employers, clients and the Society with fidelity, honesty and impartiality.

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ASSE Code of Professional Conduct

Principles:

3. Achieve and maintain competency in the practice of the profession.

4. Avoid conflicts of interest and compromise of professional conduct.

5. Maintain confidentiality of privileged information.

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ASSE Code of Professional Conduct

I shall:

1.Inform the public, employers, employees, clients and appropriate authorities when professional judgment indicates that there is an unacceptable level of risk.

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ASSE Code of Professional Conduct

I shall:

2. Improve knowledge and skills through training, education and networking.

3. Perform professional services only in the area of competence.

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ASSE Code of Professional Conduct

I shall:

4. Issue public statements in a truthful manner, and only within the parameters of authority granted.

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ASSE Code of Professional Conduct

I shall:

5. Serve as an agent and trustee, avoiding any appearance of conflict of interest.

6. Assure equal opportunity to all.

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BCSP Code of Ethics

“Certificants shall, in their professional safety activities, sustain and advance the integrity, honor, and prestige of the safety profession by adherence to these standards.”

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BCSP Code of Ethics -- Standards

1. Hold paramount the safety and health of people, the protection of the environment and protection of property in the performance of professional duties and exercise their obligation to advise employers, clients, employees, the public, and appropriate authorities of danger and unacceptable risks to people, the environment, or property.

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BCSP Code of Ethics -- Standards

2. Be honest, fair, and impartial; act with responsibility and integrity. Adhere to high standards of ethical conduct with balanced care for the interests of the public, employers, clients, employees, colleagues and the profession. Avoid all conduct or practice which is likely to discredit the profession or deceive the public.

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BCSP Code of Ethics -- Standards

3. Issue public statements only in an objective and truthful manner and only when founded upon knowledge of the facts and competence in the subject matter.

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BCSP Code of Ethics -- Standards

4. Undertake assignments only when qualified by education or experience in the specific technical fields involved. Accept responsibility for their continued professional development by acquiring and maintaining competence through continuing education, experience and professional training.

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BCSP Code of Ethics -- Standards

5. Avoid deceptive acts which falsify or misrepresent their academic or professional qualifications. Not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments.

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BCSP Code of Ethics -- Standards

5. Continued …

Presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, or past accomplishments with the intent and purpose of enhancing their qualifications and their work.

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BCSP Code of Ethics -- Standards

6. Conduct their professional relations by the highest standards of integrity and avoid compromise of their professional judgment by conflicts of interest.

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BCSP Code of Ethics -- Standards

7. Act in a manner free of bias with regard to religion, ethnicity, gender, age, national origin, disability, marital status, or sexual orientation.

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BCSP Code of Ethics -- Standards

8. Seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health and well-being of their community and their profession by sharing their knowledge and skills.

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Summary

Examination of professional ethics is important for the profession as an institution, and for individual professionals

Solving problems can be very difficult – sometimes …

Better ethical decision-making can come from education and practice

Education is needed to supplement Code of Ethics

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For an electronic copy of this presentation, please email me at:

[email protected]

And put on subject line “ethics talk”