Engineering Ethics

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Engineering Ethics from the Perspective of a
Consulting Engineer Mike Bilderbeck, P.E.,
FASHRAE Pickering Firm, Inc. Memphis, TN
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ETHICS Treat everybody like you want to be
treated.
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Who is perceived as having Good Ethics??
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Public Perception of Ethical Conduct Among
Professionals

1. Nurses (83)
2. Pharmacists (66)
3. Medical Doctors (65)
4. Policemen (63)
5. Engineers (62)
6. Dentists (57)
7. College Teachers (54)
8. Clergy (50)
9. Chiropractors (34)
10. Psychiatrists (33)
11. Journalists (23)
12. Bankers (19)
13. State Governors (15)
14. Lawyers (13)
15. Business Executives (12)
16. Advertising Practitioners ( 11)
17. Senators (11)
18. Insurance Salesmen (10)
19. Stockbrokers (9)

Percent That Ranked The Profession Very High Or
High In Ethical Standards
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Professional Engineer Requirements

• National Society of Professional Engineers code
  of ethics
• Some states have codes of ethics.
• Professional society code of ethics

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NSPE Fundamental Canons

• Engineers, in the fulfillment of their
  professional duties, shall
• Hold paramount the safety, health, and welfare of
  the public.
• Perform services only in areas of their
  competence.
• Issue public statements only in an objective and
  truthful manner.
• Act for each employer or client as faithful
  agents or trustees.
• Avoid deceptive acts.
• Conduct themselves honorably, responsibly,
  ethically, and lawfully so as to enhance the
  honor, reputations, and usefulness of the
  profession.

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Stay Right with the State Licensure
Boards (Requirements Vary)
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Some State Requirements

• Your state board may not care about some ethical
  issues.
• Firm cannot use Engineer (or form of the word)
  unless a PE works at that office.
• Professional privilege tax
• Register the firm with the Secretary of State to
  do business in the State.
• Licensed staff in responsible charge in each
  office.
• Register the firm with the state engineer
  licensing board BEFORE signing a contract.

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• Firm obtained agreement to do work in
  neighboring state.
• Registered with Secretary of State
• Obtained PE licensure of designers
• DID NOT register the firm with the state
  engineer licensing board BEFORE signing a
  contract.
• Signed design services contract with Client
• Designed the Work
• Payment dispute
• Sued for arbitration under the contract

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• Client countersued that the contract was not
  valid because the firm was not registered with
  the state licensing board.
• Court found that registration with state
  licensing board AFTER signing the contract is TOO
  LATE.
• Engineer lost - big money.

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Who Seals the Work?

• Must exercise responsible charge or direct
  supervision
• Regular and effective supervision
• Must not be regularly and continuously absent
  from office where services are rendered.
• Must be available on reasonable basis for
  consultation.

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• May stamp documents prepared by other
  registrants if theyre under responsible charge.
• Partner or corporate office who has knowledge of
  the content of the work, and will be responsible
  for the work.
• Registered professional and by the corporate
  director under whose supervision the work was
  done.

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Primary Obligation is to Protect the Safety,
Health, Property, and Welfare of the Public

• Engineer proposes to design a dam for a
  municipality.
• Because of potentially dangerous nature of
  implementing the design, engineer recommends full
  time construction phase on-site representative.
• Owner decides against hiring the representative
  for full time CA because of cost.

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• Engineer proceeds with the design.
• Engineer acted in a manner that suggests that
  the primary obligation was not the public, but
  the clients economic concerns.

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Writing a Letter May Not be Enough.
A competent engineer walks away from a project
that is destined to fail.
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Design / Build Issues

• If asked to participate on multiple design
  teamsget agreement of all the clients.
• Your ideas belong to you and you may share them
  with all design teams.
• Ideas brought up by a particular design MUST NOT
  be shared with other teams.
• Sometimes its difficult to design it the way
  your client priced it.
• Sometimes its a challenge to get your client to
  build it the way you designed it.

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Friendship

• Designers frequently rely on certain vendors or
  contractors to provide knowledge of equipment or
  systems.
• Working together, designers often develop a
  friendship with certain vendors or contractors.
• How do you deal with poor submittals /
  workmanship done by your friends?

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Trips, Meals, Gifts

• Avoid the perception (or the accusation) that
  you are for sale.
• Avoid trips and gifts from vendors / contractors
  that are long on fun but have little technical
  content.

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Avoid the Perception of a Conflict of
Interest Use the News at 11 Rule
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If it would cause you heartburn to hear the
Newscaster say

• Local engineer accepts trip to Hawaii from
  vendor . . .
• Local engineer accused of not enforcing the
  specifications regarding a submittal . . .
• Local engineer divulges clients proprietary
  information . . .
• Local engineer recommends neighbor to build
  large project . . .
• Local engineer attempts to cover up design
  error.
• THEN DONT DO IT!

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Who do you Dance with?
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Who do you pay?
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• ASHRAE BOD has adopted procedures for resolving
  ethical issues.
• BOD may warn, censure, suspend, or expel a
  member or members found to have violated the
  ASHRAE Code of Ethics.

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QUESTIONS??