CE Laws, Ethics and Contracts PDF

CE LAWS, ETHICS AND CONTRACTS Prepared by: Engr. Rabiah A. Musa PT-UDZ-001A; Revision 02; July 20, 2022 DEFINITION OF TERMS: CIVIL ENGINEERS: (RA 544, An Act to regulate the practice of Civil Engineering in the Philippines, 1950; This is am...

CE LAWS, ETHICS AND CONTRACTS Prepared by: Engr. Rabiah A. Musa PT-UDZ-001A; Revision 02; July 20, 2022 DEFINITION OF TERMS: CIVIL ENGINEERS: (RA 544, An Act to regulate the practice of Civil Engineering in the Philippines, 1950; This is amended by RA 1582). A person duly registered with the Board of Examiners for Civil Engineers (Professional Regulation Commission) which engage or practice in form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, airports and hangars, portworks, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures for irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. (PD 223, creating the professional regulation commission and prescribing its powers and functions, 1973) PT-UDZ-001A; Revision 02; July 20, 2022  ETHICS: a set of standards by which a particular group decides to regulate its behavior. It is a system of moral principles by which human actions and proposals may be judged as good or bad. MORALS: rules for right conduct for all individuals MORALLY RESPONSIBILITY: It refers to holding to people morally accountable for some past action or actions. It also means care, welfare, or treatment of others as derived from the specific social role that one plays in the society. It is likewise refers to one’s capacity for making moral or rational decisions on his own PT-UDZ-001A; Revision 02; July 20, 2022  BUSINESS ETHICS: Business is a complex enterprise that involves several activities: purchasing, manufacturing, marketing, advertising, selling and accounting. It is the study of what is right and wrong human behavior and conduct in business. It is also the study of the perceptions of people about morality, moral norms, moral rules and ethical principles as they apply to people and institutions in business. It is the study, evaluation, analysis, and questioning of ethical standards, policies, moral norms, and ethical theories that managers and decision makers use in resolving moral issues and ethical dilemmas affecting business PT-UDZ-001A; Revision 02; July 20, 2022  PROFESSION: consists of a group of people organized to serve a body of specialized knowledge in the interests of a society. At the center of a profession is a set of skills, proficiencies, techniques and competencies involving a line of work. CODE OF ETHICS: As a set of principles that serve to guide the professionals in their daily work. It is more than a minimum standard of conduct and requires that the professionals to who the codes are aimed engage with them and develop a personal position/stand, which they can defend in terms of code of ethics. Code of Ethics or Code of Conduct serves to maintain the integrity of the profession so that its members serve “society’s best interests.” It also specifies the moral considerations of professional life as well as penalties and sanctions for violating them PT-UDZ-001A; Revision 02; July 20, 2022  Codes of Ethics are not stand-alone guarantee of ethical conduct or substitute for an individual conscience but are established as a guide for professionals in ethical dilemmas. Scientists and engineers should develop and justify their own views and moral position within the context of their relevant code PT-UDZ-001A; Revision 02; July 20, 2022  IDEOLOGY: the body of doctrine, myth and symbols of a social movement, institution, class, or large group. ENGINEERS: The profession in which the knowledge of the mathematical and physical sciences gained by study, experience and practice with judgment to develop ways to utilize economics, materials and forces of nature for the progressive well-being of human kind PT-UDZ-001A; Revision 02; July 20, 2022  PICE (Philippine Institute of Civil Engineers), INC.: PRC Accreditation No: 007 on August 13, 1975; SEC registered on 11 December 1973; Amended by-laws approved by Securities Exchange Commission (SEC) on July 8, 2013. The PICE Vision: The leader among professional organizations known globally for professionalism, integrity, excellence and social responsibility; a key player in nation building. The PICE Mission: To advance the welfare of the members and the development and prestige of the civil engineering profession and to be a dynamic force in nation building PT-UDZ-001A; Revision 02; July 20, 2022  The objectives of the Institute shall be: (a) the advancement of the knowledge and practice of civil engineering (b) the fostering and improvement of civil engineering education (c) the stimulation of research in civil engineering (d) the professional improvement of the its members (e) the maintenance of high ethical standards in the practice of civil engineering (f) the promotion of good public and private clientele relationships (g) the development of fellowship among civil engineers (h) the encouragement of professional relations with other allied technical and scientific organizations (i) the establishment of a central point of reference and union for its members and the civil engineering profession, and (j) the acquisition, ownership, management and disposal of real and/or personal property incidental to or in furthermore of the above objectives of the Institute PT-UDZ-001A; Revision 02; July 20, 2022 CIVIL ENGINEERS CODE OF ETHICS Fundamental Principles Civil engineers uphold and advance the integrity, honor and dignity of the civil engineering profession by: 1. using their knowledge and skill for the enhancement of human welfare and the environment; 2. being honest and impartial and serving with fidelity the public, their employers/employees and clients; 3. striving to increase the competence and prestige of the civil engineering profession; and 4. supporting the professional and technical societies of their disciplines. PT-UDZ-001A; Revision 02; July 20, 2022 Fundamental Canons 1. Civil 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 duties. 2. Civil Engineers shall perform services only in areas of their competence. 3. Civil Engineers shall issue public statements only in an objective and truthful manner. 4. Civil Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest PT-UDZ-001A; Revision 02; July 20, 2022 5. Civil Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. 6. Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the civil engineering profession. 7. Civil Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those civil engineers under their supervision PT-UDZ-001A; Revision 02; July 20, 2022 1. Civil 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 duties. a) Civil Engineers shall recognize that the lives, safety, health, and welfare of the general public are dependent upon engineering judgments, decisions and practices incorporated into structures, machines, products, processes and devices b) Civil Engineers shall approve or seal only those design documents, reviewed or prepared by them, which are determined to be safe for public health and welfare in conformity with accepted engineering standards. c) Civil Engineers whose professional judgment is overruled under circumstances where the safety, health, and welfare of the public are endangered, or the principles of sustainable development ignored, shall inform their clients or employers of the possible consequences. PT-UDZ-001A; Revision 02; July 20, 2022  d) Civil Engineers who have knowledge or reason to believe that another person or firm may be in violation of any of the provisions of Canon 1 shall present such information to the proper authority in writing and shall cooperate with the proper authority in furnishing such further information or assistance as may be required. e) Civil Engineers should seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health, and well-being of their communities, and the protection of the environment through the practice of sustainable development. f) Civil Engineers should be committed to improving the environment by adherence to the principles of sustainable development so as to enhance the quality of life of the general public. PT-UDZ-001A; Revision 02; July 20, 2022 2. Civil Engineers shall perform services only in areas of their competence. a) Civil Engineers shall undertake to perform engineering assignments only when qualified by education or experience in the technical field of engineering involved b) Civil Engineers may accept an assignment requiring education or experience outside of their own fields competence, provided their services are restricted to those phases of the project in which they are qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees. PT-UDZ-001A; Revision 02; July 20, 2022  c) Civil Engineers shall not affix their signatures or seals to any civil engineering plan or document dealing with subject matter in which they lack competence by virtue of education or experience or to any such plan or document not reviewed or prepared under their supervision or control. d) Civil Engineers shall not use the Specialty Engineering Title such as Structural Engineer, Transportation Engineer, Water Engineer, Geotechnical Engineer, Construction Engineer, etc. without the PICE Specialist Accreditation. PT-UDZ-001A; Revision 02; July 20, 2022 3. Civil Engineers shall issue public statements only in an objective and truthful manner. a) Civil Engineers should endeavor to extend the public knowledge of civil engineering and sustainable development, and shall not participate in the dissemination of untrue, unfair or exaggerated statements regarding civil engineering. b) Civil Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony PT-UDZ-001A; Revision 02; July 20, 2022  c) Civil Engineers, when serving as expert witnesses, shall express civil engineering opinion only when it is founded upon adequate knowledge of the facts, upon a background of technical competence, and upon honest conviction d) Engineers shall issue no statements, criticisms, or arguments on engineering matters which are inspired or paid for by interested parties, unless they indicate on whose behalf the statements are made. e) Engineers shall be dignified and modest in explaining their work and merit, and will avoid any act tending to promote their own interests at the expense of the integrity, honor and dignity of the profession. PT-UDZ-001A; Revision 02; July 20, 2022 4. Civil Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest a) Engineers shall avoid all known or potential conflicts of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interests, or circumstances which could influence their judgment or the quality of their services. b) Engineers shall not accept compensation from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to and agreed to, by all interested parties. PT-UDZ-001A; Revision 02; July 20, 2022  c) Engineers shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with their clients or employers in connection with work for which they are responsible. d) Engineers in public service as members, advisors, or employees of a governmental body or department shall not participate in considerations or actions with respect to services solicited or provided by them or their organization in private or public engineering practice. PT-UDZ-001A; Revision 02; July 20, 2022  e) Engineers shall advise their employers or clients when, as a result of their studies, they believe a project will not be successful. f) Engineers shall not use confidential information coming to them in the course of their assignments as a means of making personal profit if such action is adverse to the interests of their clients, employers or the public. g) Engineers shall not accept professional employment outside of their regular work or interest without the knowledge of their employers. PT-UDZ-001A; Revision 02; July 20, 2022 CANON 5. Civil engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others This conduct of ethic is not limited only to the profession of Civil Engineering but it is a conduct that should be practiced by all professions. This conduct must be applied from the day you are looking to start your career until the end of your career life. Civil Engineering belongs to the service industry hence a professional must build his reputation based on how well he has delivered his services to his clientele, no more, no less. And since there are already a multitude of practicing Civil Engineers in the industry, competition becomes a natural occurrence on different fronts like applying for work, getting a project, getting a promotion, etc. But no matter how fierce the competition a professional must always remain fair in competing with others. PT-UDZ-001A; Revision 02; July 20, 2022 With regards to fair competition in the Civil Engineering profession, the flowing guidelines are enumerated: a) Civil Engineers shall not give, solicit, or receive either directly or indirectly, any political contribution, gratuity, or unlawful consideration in order to secure work, exclusive of securing salaried positions through employment agencies. b) Civil Engineers should negotiate contracts for professional services fairly and on the basis of demonstrated competence and qualifications for the type of professional service required. c) Civil Engineers may request; propose or accept professional commissions on a contingent basis only under circumstances in which their professional judgments would not be compromised. PT-UDZ-001A; Revision 02; July 20, 2022  d) Civil Engineers shall not falsify or permit misinterpretation of their academic or professional qualifications or experience. e) Civil Engineers shall give proper credit for engineering work to those to whom credit is due, and shall recognize the propriety interests of others. Whenever possible, they shall name the person or persons who may be responsible for designs, inventions, writings, or other accomplishments. PT-UDZ-001A; Revision 02; July 20, 2022  f) Civil Engineers may advertise professional services in a way that does not contain misleading language or is in any other many derogatory to the dignity of the profession. 1. Professional cards in recognized, dignified publication, and listing in rosters or directories published by responsible organization, provided that the cards are consistent in size and content and are in a section of publication regularly devoted to such professional card. 2. Brochures which factually describe experience, facilities, personnel and capacity to render service, providing they are not misleading with the respect to the engineers’ participation in project described. 3. Display advertising in recognized dignified business and professional publications, providing it is factual and is not misleading with respect to the engineer’s extent of participation in project described. PT-UDZ-001A; Revision 02; July 20, 2022  4. A statement of engineers name or the name of the firm and statement of the type of service posted on projects for which they render service. 5. Preparation or authorization of descriptive articles for the lay or technical, press, which are factual and dignified. Such articles shall not imply anything more than direct participation in the project described. 6. Permission by engineers for their names to be used in commercial advertisements, such as may published by contractors, materials suppliers, etc., only by means of a modest, dignified notation acknowledging the engineers’ participation in the project described. Such permission shall not include public endorsement of proprietary products. PT-UDZ-001A; Revision 02; July 20, 2022  g) Civil Engineers shall not maliciously of falsely, directly or indirectly, injure the professional reputation, prospects, practice or employment of another engineer or indiscriminately criticize another’s work. h) Civil Engineers shall not use equipment, supplies, and laboratory or office facilities of their employers to carry on outside practice without the consent of their employers PT-UDZ-001A; Revision 02; July 20, 2022 CANON 6. Shall act in such a manner as to uphold and enhance the honor, integrity, and dignity in civil engineering profession. a) Shall not knowingly act in a manner w/c will be derogatory to the honor, integrity, or dignity of civil engineering profession or knowingly engage in business or professional practices of a fraudulent, dishonest or unethical nature. PT-UDZ-001A; Revision 02; July 20, 2022 CANON 7. Shall continue their professional development throughout their carriers and provide opportunities for professional development of those civil engineers. a) Should keep current in their specialty fields by engaging in; ❑ Professional practice ❑ participating in continuing education courses ❑ reading technical literature ❑ attending professional meetings and seminars PT-UDZ-001A; Revision 02; July 20, 2022  b) Should encourage their engineering employees to become registered at the earliest possible date. c) Should encourage engineering employees to attend and present papers at professional and technical society meetings. d) Shall uphold the principle of mutually satisfying relationships between employers and employees w/ respect to terms of employment including professional grade descriptions, salary ranges, and fringe benefits. PT-UDZ-001A; Revision 02; July 20, 2022