Civil Engineering Ethics and Laws - PDF

ST PETER’S COLLEGE ILIGAN CITY COLLEGE OF ENGINEERING MODULE CIVIL ENGINEERING LAWS, ETHICS AND CONTRACTS Course Discussion BY ENGR.MU...

ST PETER’S COLLEGE ILIGAN CITY COLLEGE OF ENGINEERING MODULE CIVIL ENGINEERING LAWS, ETHICS AND CONTRACTS Course Discussion BY ENGR.MURSHED M. AMER TABLE OF CONTENTS 1. Introduction to General Ethics and Ethical Values a. Civil Engineering Code of Ethics ❖ Fundamental Principles ❖ Fundamental Canons 2. Practice of Civil Engineering a. Professional Responsibility b. Client Civil Engineer Relationship c. Classification of Civil Engineering Services 3. Selection of the Civil Engineer ❖ Basis for selection ❖ Client’s Selection committee ❖ Qualification-Based Selection 4. Charges for Civil Engineering Services 5. R.A. 544 : Civil Engineering Law 6. R.A. 9184 : The Government Regulation Act. 7. PD 1096 : The national Building Code and its Implementing Rules and Regulations. 8. The Civil Engineering Licensure Examination. 9. Seminars : Trends and Issues Concerning Civil Engineering Practice. LESSON 1. General Ethics and Ethical Values This lesson is designed for students to familiarize and promote proper ethics for civil engineering profession in Philippines. Technical terms to be encountered Ethics – also called moral philosophy , the set of rules and guidelines that engineers adhere to as a moral obligation to their profession and to the world. The discipline concerned with what is morally good and bad and morally right and wrong. The term is also applied to any system or theory of moral values or principles. Values - denotes individual beliefs that motivate people to act one way or another. They serve as a guide for human behavior. Canons - a rule or especially body of rules or principles or guides generally established as valid and fundamental in a field or art or philosophy Moral - a person's standards of behavior or beliefs concerning what is and is not acceptable for them to do. Introduction Engineers must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct. Ethics is a Greek origin word and described as related to moral. The guiding ethical principles of behavior in working life are called occupational ethics. Based on studies; civil engineers who have either less than 5 years or more than 5 years work experience have the perception of ethics only as a concept; when they judge an action ethically, similarly most of them usually make consistent analyses only by the moral judgment; when they face ethically deemed an inappropriate business, mainly they are trying to convince their manager otherwise instead of doing that job. Ethics and ethical reasoning are vitally important in engineering. It can be a matter of Life and death. INTERACTION RULES OF BEHAVIOR 1. Engineers rarely work as lone individuals, we generally work in teams. “No man is an Island.” 2. Therefore, we need a set of interaction rules outlining the expected sets of behavior between the engineer, other individuals and society as a whole. 3. Interaction rules can be classified as etiquette, law, morals and ethics.  Etiquette – rule of acceptable personal behavior and courtesy when interacting with others in a social setting. Addresses such issues as how many forks to place in the dinner table, proper dress at wedding, seating arrangements and invitation to parties. In engineering proper etiquette is manifested by showing proper respect to employers and clients, not embarrassing colleagues, answering the phone in a professional manner and so forth. Laws-a system of rules and punishments clearly defined and established by a society to maintain a safe and orderly social environment, violation of law carry penalties such as imprisonment, fines, community service, death, dismemberment or banishment. Each society has its own consequences for law violations. Morals – personal rules of right and wrong behavior derived from person’s upbringing, religious beliefs and societal influences. Ethics – a code or system of rules defining moral behavior for a particular society. Most professional societies have a formal code of ethics to guide their members SOCIAL RESPONSIBILITIES of the engineering profession 1. Human Safety Public trust in engineering requires that the profession considers its impacts on human safety. There is widespread consensus in the codes of ethics of engineering professional societies worldwide that engineering has a primary duty to protect public safety, health, and welfare. Health is generally characterized as being able to function physically without pain, and may also include mental soundness. Safety is associated being protected from physical injuries or death, again considering risks. 2. Environment and Sustainability Engineering codes of ethics include environmental protection among professional social responsibilities. Considering the potential environmental impact of technology. One may simply understand that preservation of the environment is ultimately self-preservation for human life. “Use of knowledge and skills for the benefit of the community to create engineering solutions for a sustainable future,” and “promote sustainability” is one of the four key statements of ethical practice”  In general, sustainability includes considerations of both current conditions and future generations, crossing environmental, societal, and economic elements. 3. Pro bono The idea of pro bono work is that professions should donate some of their technical expertise to individuals or organizations unable to pay for those services. This can be providing services for free or at a reduced rate. We encourage engineer’s students as individuals to provide services to charitable causes and in emergency situations; however, its real purpose appears directed at liability issues and indemnification. “Engineers are encouraged to participate in civic affairs; career guidance for youths; and work for the advancement of the safety, health, and well-being of their community” – NSPE Code “Engineers should seek opportunities to be of constructive service in civic affairs and work for…their communities.” – ASCE Code 4. Social Justice Social justice relates to the distribution of wealth and privileges in society, as well as issues related to poverty and development. There are a growing number of advocates that engineering social responsibility encompasses social justice issues, including engineering faculty. 5. Diversity A primary issue is the persistent lack of diversity within the engineering workforce which is predominated by men and generally lacks racial/ethnic diversity. Other “non-visible” diversity issues relate to socio-economic status (low income individuals under-represented), cognitive and personality types, etc. Another important issue with respect to diversity is the extent to which the profession fairly compensates workers, without regard to gender, race/ethnicity, etc. Individual social responsibility development Helping goals Making a difference Committed to their professional social responsibilities. An individual’s perceptions of their social responsibilities as engineers will develop over time via the process of professional socialization. The professional socialization process begins with novice views of the engineering profession. These informal influences may include messages from media (e.g., movies, news, books), family or acquaintances (e.g., parent an engineer), and school (primary and secondary). Some students’ pro-social motivations are a driver for their decision to major in engineering. To improve or protect wellbeing of others. In regards to professional and ethical responsibility, the civil engineering includes proposed affective domain outcomes such as “commit to the standards of professional and ethical responsibility for engineering practice”. Within the “attitudes” outcome elements such as honesty, integrity, consideration of others, respect, and tolerance are included. Code of ethics Preamble Engineering is an important and learned profession. As members of this profession, engineers are expected to exhibit the highest standards of honesty and integrity. Engineering has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the protection of the public health, safety, and welfare. Engineers must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct. 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. 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. 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 CANON 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. 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 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 f 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. CANON 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 of 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. c. Civil Engineers shall not affix their signatures or seals to any civil engineering plan or documents 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 and 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. CANON 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 relevant and pertinent information in such reports, statements, or testimony. 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. Civil Engineers shall issue no statements, criticisms, or arguments on civil engineering matters which are inspired or paid for by interested parties, unless they indicate on whose behalf the statements are made. e. Civil 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 civil engineering profession and/or related professions. CANON 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. Civil 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. Civil 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 projects. c. Civil 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. Civil Engineers in public services as members, advisors, or employees of a governmental body or department shall not participate in consideration or actions with respect to services solicited or provided by them or their organization in private or public engineering practice. e. Civil Engineers shall advise their employers or clients when, as a result of their studies, they believe a project will not be successful. f. Civil 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. Civil Engineers shall not accept professional employment outside of their regular work or interest without the knowledge of their employers. CANON 5: Civil Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. 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. d. Civil Engineers shall not falsify or permit misrepresentation 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 proprietary interests of others. Whenever possible, they shall name the person or persons who may be responsible for designs, inventions, writings or other accomplishments. f. Civil Engineers may advertise professional services in a way that does not contain misleading language or is in any other manner derogatory to the dignity of the profession. a. Professional cards b. Brochures c. Display Advertising (business & Prof. publications) d. Statement of the Engineers’ Names (Business Name) e. Preparation or Authorization of descriptive articles f. Commercial Advertisements (Published, broadcast, etc.) g. Civil Engineers shall not maliciously or 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, laboratory or office facilities of their employers to carry on outside private practice without the consent of their employers. CANON 6: Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the civil engineering profession. a. Civil Engineers shall not knowingly act in a manner which will be derogatory to the honor, integrity, or dignity of the civil engineering profession or knowingly engage in business or professional practices of a fraudulent, dishonest or unethical nature. CANON 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. a. Civil Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those Civil Engineers under their meetings or seminars. b. Civil Engineers should encourage their engineering employees to become registered at the earliest possible date. c. Civil Engineers should encourage engineering employees to attend and present papers at professional and technical society meetings. d. Civil Engineers shall uphold the principle of mutually satisfying relationships between employers and employees with respect to terms of employment including professional grade descriptions, salary ranges, and fringe benefits.