A Question of Scruples

You are a management-level employee with

decision-making authority over many of your
organizations 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 companys
luxury suite at your professional football teams
Case Studies in Engineering stadium, and includes tickets and parking for
Ethics the game
Multi-Regional Leadership Conference
Newark, NJ Do you accept?
January 21, 2017
The Engineers Responsibilities
The
What is Ethics? Engineer,
Family,
Personal
9 A system of moral principles Clients and Values &
Employers
Goals
9 Set of rules for whats right and whats wrong
9 Code of conduct governing behavior Environment,
Earth, Future
Generations
9 Guideline for making good decisions Law,
Government,
Public
9 List of professional responsibilities Public Agencies
9 Duties you owe to other people and to society as a
whole
Other
The Engineering Professionals,
Profession Colleagues,
Employees
3
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.
Case 1: The Expert Witness
Engineer is retained by personal injury attorney to review
roadway deterioration at scene of clients 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 attorneys
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
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.
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.
Case 3: Confidentiality Case Study 4: Failure to
Engineer is retained to evaluate companys compliance with
Obtain Permits
environmental standards on disposal of manufacturing waste
Engineer retained to prepare plans for structure on clients
Engineer determines company is not compliant with applicable property
laws and presents options for cleanup, all of which involve
significant cost Client admits that an existing structure on property was
done without necessary permits and code approvals
Client accepts report and reminds engineer of the
confidentiality agreement the engineer had signed
Structure is used for storage of materials and equipment,
Based on clients response, engineer believes company will and is not intended for human habitation/use (except for
not address their noncompliance, and the engineer feels that loading and removal)
this inaction may be harmful to the public welfare
Engineer is not specifically aware of any deficiencies or
code violations in the existing structure
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Case Study 5: Departing How Do You Solve an Ethical Dilemma?
Employee
VP of an engineering firm has a falling out with the firms Study the code of ethics
owner, decides to leave and start his own practice
Ask the right questions
Prior to departure, VP calls several of firms clients to let
them know that he has given notice, and expresses grave
Look for additional resources
concerns about the firms ability to provide a similar quality
of service to clients after the VP leaves
When in doubt, seek help!
Several of firms clients choose to terminate work with the
former employer and establish contracts with VPs new
practice
Tips for Resolving an Ethical Dilemma Ethics Resources/Help
Suggested Tests for Evaluating Actions
(M. Davis [1997], C. Skooglund, J. Smith, & P. Harper) 1. Training (seminars,
webinars, video,
Harms test Do the benefits outweigh the harms, both short-term DVD)
and long-term?
Reversibility test Would I think this was a good choice if I traded 2. Policies
places?
Colleague test What would my professional colleague say? 3. Publications
Legality test Would my choice violate a law, or a policy of my (journals, Question
employer?
of Ethics)
Publicity test How would my choice look on the front page of
tomorrows newspaper? 4. ASCE Ethics
Common practice test What if everyone behaved this way? Hotline: 1-800-548-
Wise relative test What would my grandmother say? Would I want her to 2723 x 6151
know what Im doing?
Hiding test Do I want people to know what Im doing?
Self-respect test How will I feel about myself after I make this choice?
Questions?
Tara Hoke
ASCE General Counsel
(703) 295-6151
E-mail: thoke@asce.org
Brock E. Barry, P.E., Ph.D.
Committee on Ethical Practice
Brock.Barry@usma.edu