Case Studies in Engineering Ethics. Multi-Regional Leadership Conference Newark, NJ January 21, 2017

Transcription

1 Case Studies in Engineering Ethics Multi-Regional Leadership Conference Newark, NJ January 21, 2017

2 A Question of Scruples You are a management-level employee with decision-making authority over many of your organization s contracts and purchases One of the companies that regularly does business with you invites you and your colleagues to a company meet-and-greet The event is being held at the company s luxury suite at your professional football team s stadium, and includes tickets and parking for the game Do you accept?

3 What is Ethics? A system of moral principles Set of rules for what s right and what s wrong Code of conduct governing behavior Guideline for making good decisions List of professional responsibilities Duties you owe to other people and to society as a whole 3

4 The Engineer s Responsibilities Clients and Employers The Engineer, Family, Personal Values & Goals Environment, Earth, Future Generations Public Law, Government, Public Agencies The Engineering Profession Other Professionals, Colleagues, Employees

5 ASCE Code of Ethics 1. Engineers shall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their professional duties. 2. Engineers shall perform services only in areas of their competence. 3. Engineers shall issue public statements only in an objective and truthful manner. 4. Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.

6 ASCE Code of Ethics 5. Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. 6. Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the engineering profession and shall act with zero tolerance for bribery, fraud, and corruption. 7. Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those engineers under their supervision.

7 Case 1: The Expert Witness Engineer is retained by personal injury attorney to review roadway deterioration at scene of client s auto accident Engineer provides draft report, attributing the deterioration to improper maintenance by state DOT Attorney thanks engineer for draft, but reminds engineer that state immunity will likely preclude recovery for attorney s client Engineer later submits final report to attorney, and in this case claims improper design caused the conditions that led to accident Engineer later testifies as expert witness in litigation against engineering firm responsible for design of roadway

8 Case 2: Bait and Switch Local firm with a great reputation learns of a large public works project being planned nearby Large national firm asks the local firm to partner with them on RFP; even though firm has its own structural engineers, they will only perform QC work. Local firm knows the project, site and several panel members conducting the interview. This team is selected. Large firm negotiates the contract with the owner and funding agency but then fails to give subcontract to local firm Large firm ignores inquiries from the local firm after the fact. Local firm learns that the large firm commonly makes it a practice to use local knowledge of a project to get selected.

9 Case 3: Confidentiality Engineer is retained to evaluate company s compliance with environmental standards on disposal of manufacturing waste Engineer determines company is not compliant with applicable laws and presents options for cleanup, all of which involve significant cost Client accepts report and reminds engineer of the confidentiality agreement the engineer had signed Based on client s response, engineer believes company will not address their noncompliance, and the engineer feels that this inaction may be harmful to the public welfare

10 Case Study 4: Failure to Obtain Permits Engineer retained to prepare plans for structure on client s property Client admits that an existing structure on property was done without necessary permits and code approvals Structure is used for storage of materials and equipment, and is not intended for human habitation/use (except for loading and removal) Engineer is not specifically aware of any deficiencies or code violations in the existing structure

11 Case Study 5: Departing Employee VP of an engineering firm has a falling out with the firm s owner, decides to leave and start his own practice Prior to departure, VP calls several of firm s clients to let them know that he has given notice, and expresses grave concerns about the firm s ability to provide a similar quality of service to clients after the VP leaves Several of firm s clients choose to terminate work with the former employer and establish contracts with VP s new practice

12 12 How Do You Solve an Ethical Dilemma? Study the code of ethics Ask the right questions Look for additional resources When in doubt, seek help!

13 Tips for Resolving an Ethical Dilemma Suggested Tests for Evaluating Actions (M. Davis [1997], C. Skooglund, J. Smith, & P. Harper) Harms test Reversibility test Colleague test Legality test Publicity test Common practice test Wise relative test Hiding test Self-respect test Do the benefits outweigh the harms, both short-term and long-term? Would I think this was a good choice if I traded places? What would my professional colleague say? Would my choice violate a law, or a policy of my employer? How would my choice look on the front page of tomorrow s newspaper? What if everyone behaved this way? What would my grandmother say? Would I want her to know what I m doing? Do I want people to know what I m doing? How will I feel about myself after I make this choice?

14 Ethics Resources/Help 1. Training (seminars, webinars, video, DVD) 2. Policies 3. Publications (journals, Question of Ethics) 4. ASCE Ethics Hotline: x 6151

15 Questions? Tara Hoke ASCE General Counsel (703) Brock E. Barry, P.E., Ph.D. Committee on Ethical Practice