professional ethics for the ohs professional dr. peter strahlendorf

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

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Page 1: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Professional EthicsFor the Health and Safety Professional

June 2004ASSE Conference Las Vegas

Page 2: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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

Associate ProfessorSchool of Occupational and Public HealthRyerson UniversityToronto, Canada

Page 3: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Pick One1. 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Do you agree? It is always wrong to intentionally

take an innocent life?

Page 7: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Dilemma

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

Vote! Will you shoot down the plane?

Page 10: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

OrientationAim 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

“Profession”“Ethics”

“Professional Ethics”

Page 13: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Based Primarily on :

“Morality and the Professional Life”

Cynthia A. BrincatVictoria S. WikePrentice Hall, 2000ISBN 0-13-915729-8

Page 15: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Profession1. Group identity2. Shared education, training -- requirements

for admission3. Special uncommon knowledge4. Knowledge used in the service of others…

positive social need5. Involves individual judgment, (some)

autonomy in decisions6. Adherence to certain values7. Penalties for substandard performance

Page 16: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProfessionYou 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

“Professionalism”1. Skill, competency in work2. Relational element – work will be

beneficial to others

Work itself doesn’t have moral status

Execution of work has moral status

Page 19: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Recognizing when We’re in the Realm of EthicsWatch the language:

Right and wrong -- Actions

Good and bad -- Motives, methods, goals

Page 20: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Professional Ethics and LawBe 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Professional Ethics and LawBe 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Descriptive Ethics2002 British study by Burgess and

Mullen:77% of hygienists had witnessed

ethical misconduct by colleagues within last 5 years.

Page 30: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Descriptive EthicsBurgess and Mullen study. Most common

cases:1. Plagiarism2. Confidentiality of data3. Faked data4. Criticizing colleagues for gain5. Holding back, disguising data6. Destruction of data7. Not reporting incident deliberately

Page 31: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Descriptive EthicsPatricia Logan 2001, USA. Reported

reasons for misbehavior, hygienists:1. Economic pressure2. Transition from employee to consultant

results in compromises3. Working in foreign countries4. Lack of legal standards5. Working on contingency basis6. Decrease in job security

Page 32: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Descriptive to PrescriptiveTwo 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral Reasoning

Page 36: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Machinery of Prescriptive Ethics1. Rules – e.g. “always tell the truth”2. Values – e.g. Integrity

The two are intimately related.

Page 37: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral Absolutism Ethical values completely objective Unchangeable, universal, no

exceptions Comparatively inflexible

Neither position tenable.

Page 40: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ObjectivityCodes 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Objectivity

“Thinking reasonably is thinking morally.”

Samuel Johnson

Page 42: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Reasonable Person -- PeerWhat 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral DecisionsReasons explain a decision:

Reason + Reason +… = Decision

Explanation… System of reasons

Page 44: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Dilemma Explanation 1Reason + Reason + … Decision 1

Explanation 2Reason + Reason + … Decision 2

May or may not be a MORAL dilemma

Page 47: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Non-Moral Dilemma1. 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral Dilemma Moral Explanation 1Moral reason + reason +… = Decision 1

Moral Explanation 2Moral reason + reason + … = Decision 2

Page 49: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Evaluate Moral ReasonsSTRONG 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Evaluate Moral ExplanationsSTRONG use several

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

considers all persons

many values

WEAK narrow focus selective concern fewer values

Page 52: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Ethical Theories

Page 53: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

A Moral TheoryIs 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

How We Come by Moral Theories Family Religion Culture Experience and reflection Education

Page 55: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral Action Theories -- “Doing” consequences for community rights of individuals duties of individuals

What correct course of action should I take?

Page 56: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral Status Theories - “Being” Virtue, character Care, relationships Narrative, history and plans

What kind of person should I be?

Page 57: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Human Goods Life, health Knowledge Play Art Friendship

“Self-evidently good”

Page 58: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

KantianismDuty 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

VirtuesExamples:

Benevolence Justice Loyalty Friendliness Courage Honesty Integrity

Page 68: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral ReasoningPart 2

Page 69: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral FrameworkProvide 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Moral FrameworkAnalysis … decision is already madeDecision-making … decision still to

come

Analysis DecisionRuleTheoryValueDecision-making

Page 73: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProfessionalValues and Virtues

Page 74: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Common Professional Values Integrity Honesty Promise keeping Loyalty Competence

Page 75: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Common Professional Values Respect for persons Justice Compassion Confidentiality

Page 76: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemBrilliant, 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Integrity and HonestyRules: 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemA 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemBait and Switch:

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

Page 86: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemConsultant promises to:1. Get you to world class safety in 3

months2. Get your “accidents to zero”3. Ensure compliance

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

Page 87: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Disloyalty to Profession’s GoalsOHS professional:

Advocates high risk behaviour? Chooses incompatible values to

promote? Displays risky behaviour in personal

life?

Page 89: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemMember 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Problem“Protect life, environment, and

property.”“Do not compromise.”

Possible?Are the values of equal priority when

commitments come into conflict?

Page 92: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

“Whistleblowing” Disclosure of wrong-doing Conflict: protection of life versus

loyalty Honesty versus loyalty Honesty versus promise keeping

Page 93: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemYour 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

“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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

“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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemA 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemInsofar as BBS is “behavioral

psychology”, we would be missing out on cognitive psychology, developmental psychology, evolutionary psychology, etc. etc.

Page 100: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Areas of CompetenceExtremely important in a profession:1. where people come from a wide

variety of disciplines2. there are many areas of

specialization, and3. there are other professions

adjacent

Page 102: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Problems1. 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemOHS 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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

CompassionTwo rules:

Alleviate suffering Act in other person’s actual (to

them) best interest

Page 119: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ConfidentialityConfidentiality regarding:1. Whose interests2. Which interests

Page 120: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ConfidentialityConfidential information of:1. Worker2. Employer3. Colleague4. Competitor

Page 121: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

Confidentiality1. Medical information2. CBI – confidential business

information

Legal rules exist in many jurisdictions for both.

Page 122: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

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: Professional Ethics For the OHS Professional Dr. Peter Strahlendorf

ProblemYou 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”.

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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.

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ProblemYou signed a confidentiality agreement, and

began contract. Discovered:1. An issue of high risk, the company

ignoring; or2. An issue of high risk, the company

actively covering up, lying; or3. An issue of high risk, the company

knows it’s in clear legal non-compliance.

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ConflictsHuman 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

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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

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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

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Cost Benefit Analysis (CBA) Commonly used to guide action Related to risk benefit analysis1. What are alternatives?2. Identify costs and benefits of each3. Quantify4. Calculate net gain of each5. Choose one with greatest net gain

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Criticism of CBA1. Not all costs/benefits identified2. Correct weight not given3. 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

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Environmental Protection1. Protect human interest in the

environment, versus2. Protect the environment “for its

own sake” Environmental ethics is problematic:-- “rights” for non-moral creatures?-- universalizability of principles?

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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

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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

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Relations with Colleagues Co-operative Respect Egalitarian Supportive and helpful Openness No blatant crude competition Intra-professional recognition based on

merit Maintenance of discipline

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ProfessionalCodes of Ethics

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Code of Ethics Clarifies values and rules Facilitates group cohesion Instills necessary public confidence Used as framework for discipline

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Code of Ethics -- The Audience1. Members of profession2. Clients, employers3. Agencies and regulators4. Public at large5. Professional “competitors”

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Code of Ethics -- Positive1. Inspirational?2. Educational?3. Enforcement, self-policing4. 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 ethics6. Cannot truly codify ethics7. 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 ConductPrinciples:1. Protect people, property and the

environment through the application of state-of-the-art knowledge.

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ASSE Code of Professional ConductPrinciples:2. Serve the public, employees,

employers, clients and the Society with fidelity, honesty and impartiality.

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ASSE Code of Professional ConductPrinciples: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 ConductI 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 ConductI 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 ConductI 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 ConductI 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 -- Standards1.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 -- Standards2. 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 -- Standards3. 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 -- Standards4. 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 -- Standards5. 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 -- Standards5. 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 -- Standards6. 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 -- Standards7. 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 -- Standards8. 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”