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Unit IV GE8076 Professional Ethics in Engineering


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Unit IV GE8076 Professional Ethics in Engineering

  1. 1. GE8076 Professional Ethics in Engineering by Dr. S. Selvaganesan Ph.D.(Malaysia) Professor & HoD / IT JJCET, Trichy. Unit IV
  2. 2. UNIT IV Safety, Responsibilities and Rights  Safety and Risk – Assessment of Safety and Risk – Risk Benefit Analysis and Reducing Risk – Respect for Authority – Collective Bargaining – Confidentiality – Conflicts of Interest – Occupational Crime – Professional Rights – Employee Rights – Intellectual Property Rights (IPR) - Discrimination
  3. 3. Safety and Risk  SAFETY • Safety has different definitions and the perceptions are different for different persons. • Example • Safety means the state of being safe. Safe means protected from danger and harm. • Initial version of William W. Lowrence’s definition: • A thing is safe if its risks are judged to be acceptable. • Modified Lowrence’s definition of Safety: • A thing is safe (to a certain degree) with respect to a given person or group at a given time, if its risks were fully known, if those risks would be judged acceptable (to that certain degree), in light of settled value principles.
  4. 4. Safety and Risk  RISK • A Risk is the potential that something unwanted and harmful may occur. • William W. Lowrence has defined risk as “a compound measure of the probability and magnitude of adverse effect”. Risk = Probability of the harm × Magnitude or consequence of the harm • A risk is acceptable when those affected are generally no longer apprehensive about it. • Doubtfulness depends mainly on how the people take the risk or how people perceive it.
  5. 5. Safety and Risk  RISK • Various factors that influence the perception of risk • Probability of risk (possibility of occurrence of risk); • Consequence of risk (Physical damage or death, economic loss, damage to property, loss of money, and degradation of environment); • Voluntary risk (Some people may take risk voluntarily for thrill or fun); • Magnitude of risk (number of people / area involved in risk); • Proximity of risk (Closeness of effects caused by risk); • Method of information widely spreaded on risk; • Job related risk (whether the risk is compulsorily /forcibly taken by persons).
  6. 6. Safety and Risk  Risk • The knowledge about acceptance level of risk is useful to engineers. • Designer can redesign the product/project to include safety measures so as to • Allow the product fail safely • Abandon it safely • Provide for safe escape/evacuation from the product or site, and thus eliminate or minimize the human loss.
  7. 7. Safety and Risk  Safety and Risk • Safety was defined as the risk that is known and judged as acceptable. • Risk is a potential that something unwanted and harmful may occur. • It is the result of unsafe situation, sometimes unanticipated, during its uses. • Probability of safety = 1 – Probability of risk = Probability of occurrence × Consequence in magnitude
  8. 8. Types of Risk  Acceptable Risk  Voluntary risk and control  Job related risks  Personal risks  Public risks
  9. 9. Acceptable Risk  Acceptable risk refers to the level of human and property injury or loss from an industrial process that is considered to be tolerable by an individual, household, group, organization, community, region, state, or nation in view of the social, political, and economic cost-benefit analysis.  Example: For instance, the risk of flooding can be accepted once every 500 years but it is not unacceptable in every ten years.  it is management's responsibility to set their company's level of risk. As a security professional, it is your responsibility to work with management and help them understand what it means to define an acceptable level of risk.  Each company has its own acceptable risk level, which is derived from its legal and regulatory compliance responsibilities.
  10. 10. Acceptable Risk Vs Unacceptable Risk
  11. 11. Voluntary Risk  A person is said to take ‘VOLUNTARY RISK’.  When he/she is subjected to risk by either his own actions or action taken by others, volunteers take that risk without any apprehension. Ex: over rough ground for amusement  Voluntary risks have to do with lifestyle choices. They are the risks that people take knowing that they may have consequences. These risks include smoking tobacco, driving a car, skydiving, and climbing a ladder.  Involuntary risks are risks that people take either not knowing that they are at risk, or they are unable to control the fact that they are at risk, such as secondhand smoke. These risks often include environmental hazards such as lightning, tsunamis, and tornadoes.
  12. 12. Voluntary risk Vs Involuntary risk
  13. 13. Job related risks  Many workers are taking risks in their jobs in their stride like being exposed to asbestos.  Exposure to risks on a job is in one sense of voluntary nature since one can always refuse to submit to the work or may have control over how the job is done.  But generally workers have no choice other than what they are told to do since they want to stick to the only job available to them.  But they are not generally informed about the exposure to toxic substances and other dangers which are not readily seen, smelt, heard or otherwise sensed.  Occupational health and safety regulations and unions can have a better say in correcting these situations but still things are far below expected safety standards.
  14. 14.  Personal Risk  Assessing the personal risk is a difficult task.  Examples: A person living near a chemical plant voluntarily or involuntarily; A person working in a nuclear plant or oil refinery plant.  While assessing the personal risk, one should consider the following ethical questions.  How to access the money value of an individual’s life?  On what basis, the compensation for a risk can be decided?  Is the compensation for a risk by an amount based on the exposure/tolerance of the average person justifiable?  What will be the compensation if the tolerance level of the person is below or above the average tolerance level?
  15. 15.  Personal Risk  Assessing the personal risk is difficult.  Any of the following methodologies may be adopted to assess quantitatively the personal risk.  Assess the voluntary activities (Life insurance policy taken)  Assess the degree of occupational hazard (e.g. dust, radiation and asbestosis) and its effect on health.  Loss of sense such as sight (eyes), hearing (ears) and loss of limbs etc.  Loss of earning capability  Get assistance by trained arbiter  Public Risk  Assessing the public risk is relatively easy. To assess the public risk, the loss of assets and the correction costs are estimated.  Loss of reduction in future income or earning capacity due to loss of their capability /physical disability.  Cost associated with an accident, (transportation / treatment etc.)  Cost of welfare (rehabilitation, alternate jobs and other benefits, etc.)
  16. 16. Event Tree Analysis
  17. 17. Assessment of Safety and Risk  Absolute safety is never possible to attain and safety can be improved in an engineering product only with an increase in cost.  On the other hand, unsafe products increase secondary costs to the producer beyond the primary (production) costs, like warranty costs loss of goodwill, loss of customers, legal action costs, downtime costs in manufacturing, etc.  Figure indicates that P- Primary costs are high for a highly safe (low risk) product and S- Secondary costs are high for a highly risky (low safe) product.  It should now be clear that ‘safety comes with a price’ only.
  18. 18. Assessment of Safety and Risk
  19. 19. Assessment of Safety and Risk
  20. 20. Assessment of Safety and Risk Figure 1 Relationship between risk and cost to manufacture
  21. 21. Assessment of Safety and Risk What is the goal of risk assessment? The aim of the risk assessment process is to evaluate hazards, then remove that hazard or minimize the level of its risk by adding control measures, as necessary. By doing so, you have created a safer and healthier workplace.
  22. 22. Assessment of Safety and Risk  Relationship between Safety, Risk and Cost Safety Risk High Low High High safety and High risk, High cost, High price Examples: Nuclear Plant, aircraft, missiles Low safety and High risk, Low cost, High Price Example: Automobiles Low High Safety and Low risk, High cost, Medium price Examples: Electrical products, safety valves Low safety and Low risk, Low cost, Low price Examples: Electronic goods, computers Table 1 Relationship between safety, risk, cost and price
  23. 23. Assessment of Safety and Risk  Determination of Risk  In order to determine the risk, one should have knowledge about the following criterions. 1. Knowledge of risk 2. Uncertainties in design 3. Testing for Safety
  24. 24. Assessment of Safety and Risk  Determination of Risk 1. Knowledge of risk  To assess a risk, an engineer must first identify it.  To identify a risk, an engineer must first know the information about the safety of standard products.  Though past experience and historical data provide good information about the safety of standard products, still it is insufficient to completely assess the risk of a product.  The information is not freely shared among firms, and  There are always new applications of old technology that makes the available information less useful.
  25. 25. Assessment of Safety and Risk 2. Uncertainties  While designing a product, the design engineering must deal with many uncertainties.  Many of the risks can be expressed as probabilities and as educated guesses.  Uncertainties are in the form of application of product, materials used for producing the product, changing economic conditions, unfavorable environment conditions, temperature etc.  Newer applications of technologies may sometimes remain unpublished, public may not have awareness about the update.  Replacing new products whose behavior is not fully tested, lead to increased hazard, and risk potentiality  Unexpected outcome of a product/project.  Example
  26. 26. Safety and Risk  Different Methods to determine the risk 1. Testing on the functions of safety-system components 2. Destructive testing 3. Prototype testing 4. Simulation testing
  27. 27. Safety and Risk Different Methods to determine the risk 1. Testing on the functions of the safety-system components. 2. Destructive testing: In this approach, testing is done till the component fails. It is too expensive, but very realistic and useful. 3. Prototype testing: In this approach, the testing is done on a proportional scale model with all vital components fixed in the system. Dimensional analysis could be used to project the results at the actual conditions. 4. Simulation testing: With the help of computer, the simulations are done. The safe boundary may be obtained. The effects of some controlled input variables on the outcomes can be predicted in a better way.
  28. 28. Safety and Risk  Risk Analysis Analytical methods are adopted in testing for safety of a product/project. • Scenario Analysis • Failure Mode and Effect Analysis (FMEA) • Fault Tree Analysis (FTA) • Event Tree Analysis (ETA)
  29. 29. Assessment of Safety and Risk
  30. 30. Assessment of Safety and Risk
  31. 31. Assessment of Safety and Risk
  32. 32. Assessment of Safety and Risk
  33. 33. Failure Mode Effect Analysis (FMEA)
  34. 34. Assessment of Safety and Risk
  35. 35. Failure Mode Effect Analysis (FMEA)  FMEA (Failure Mode Effect Analysis) is one of the most popular methodologies for the analysis of failure risks of systems. It is a qualitative, quantitative and corrective method.  FMEA is a tool for risk analysis and management in both project and process phases.  FMEA is a tool for risk analysis and management in both project and process phases. The risk management strategy of FMEA is based on checking the reliability characteristics of a system from a qualitative point of view, also allowing the evaluation of other aspects such as maintainability and safety. FMEA is a failure prevention tool, a project development methodology, and is used in a variety of areas related to management quality assessment and analysis of production and administrative processes.
  36. 36. Failure Mode Effect Analysis (FMEA) Example
  37. 37. Fault Tree Analysis  Fault tree analysis (FTA) is a graphical tool to explore the causes of system level failures.  It uses boolean logic to combine a series of lower level events and it is basically a top-down approach to identify the component level failures (basic event) that cause the system level failure (top event) to occur.  Fault tree analysis consists of two elements “events” and “logic gates” which connect the events to identify the cause of the top undesired event.
  38. 38. Assessment of Safety and Risk
  39. 39. Fault Tree Analysis
  40. 40. Fault Tree Analysis
  41. 41. Event Tree Analysis  Event tree analysis (ETA) is a forward, top- down, logical modeling technique for both success and failure that explores responses through a single initiating event and lays a path for assessing probabilities of the outcomes and overall system analysis.
  42. 42. Assessment of Safety and Risk
  43. 43. Assessment of Safety and Risk
  44. 44. Assessment of Safety and Risk
  45. 45. Assessment of Safety and Risk  SAFE EXIT  In the study of safety, the ‘Safe Exit’ principles are recommended.  The conditions referred to as ‘Safe Exit’ are:  The product, when it fails, should fail safely.  The product, when it fails, can be abandoned safely (it does not harm others by explosion or radiation).  User can safely escape from the product or site. (Ships need sufficient number of life boats for all passengers and crew; multi-storeyed buildings need usable fire escapes)  Categories of Consumers  Seasonal Consumers; Personal Consumers; Organizational Consumers; Impulse Consumers; Need-based Consumers; Discount driven Consumers; Habitual Consumers
  46. 46. Risk-Benefit Analysis  What is Risk-Benefit Analysis?  Risk-benefit analysis is a technique, similar to ‘cost- benefit analysis’ used to analyze the risk in a project and to determine whether the project should be carried out or not.  Risk-benefit analysis answers the following questions:  What are the benefits of the project/product?  Is the project/product worth the risks connected with its use? and  Do benefits outweigh the risks?  In risk-benefit analysis, the risks and benefits of a project/product are assigned money values, and the most favorable ratio between risks and benefits is determined.
  47. 47. Difference between Risk Analysis and Risk-Benefit Analysis  Risk analysis is the process of identifying and analyzing potential issues that could negatively impact key business initiatives or critical projects in order to help organizations avoid or mitigate those risks.  Risk–benefit analysis is analysis that seeks to quantify the risk and benefits and hence their ratio. Analyzing a risk can be heavily dependent on the human factor. A certain level of risk in our lives is accepted as necessary to achieve certain benefits.
  48. 48. Risk-Benefit Analysis  Conceptual difficulties/limitations in Risk-Benefit Analysis  In risk-benefit analysis, both risk and benefits are difficult to quantify. Because both lie in the future.  It should be noticed that who takes the risks and who enjoys the benefits? It is important to ensure that those who have taken the risks are the beneficiaries of it.  It is mostly difficult to express both risk and benefits in a common set of units. (risk – accidents/deaths on the airways; benefits – speed of travel)
  49. 49. Risk-Benefit Analysis  Ethical Implications on Risk-Benefit Analysis  While performing the risk-benefit analysis, one should keep in mind the following ethical questions.  Under what conditions, someone in society is entitled to impose a risk on someone else on behalf of a supposed benefit to others?  How can we consider the worst-case scenarios of persons exposed to maximum risks while they are also obtaining only minimum benefits? Are their rights violated? Are they provided safer alternatives?
  50. 50. Risk-Benefit Analysis  Personal Risk  Assessing the personal risk is a difficult task.  Examples: A person living near a chemical plant voluntarily or involuntarily; A person working in a nuclear plant or oil refinery plant.  While assessing the personal risk, one should consider the following ethical questions.  How to access the money value of an individual’s life?  On what basis, the compensation for a risk can be decided?  Is the compensation for a risk by an amount based on the exposure/tolerance of the average person justifiable?  What will be the compensation if the tolerance level of the person is below or above the average tolerance level?
  51. 51. Risk-Benefit Analysis  Personal Risk  Assessing the personal risk is difficult.  Any of the following methodologies may be adopted to assess quantitatively the personal risk.  Assess the voluntary activities (Life insurance policy taken)  Assess the degree of occupational hazard (e.g. dust, radiation and asbestosis) and its effect on health.  Loss of sense such as sight (eyes), hearing (ears) and loss of limbs etc.  Loss of earning capability  Get assistance by trained arbiter  Public Risk  Assessing the public risk is relatively easy. To assess the public risk, the loss of assets and the correction costs are estimated.  Loss of reduction in future income or earning capacity due to loss of their capability /physical disability.  Cost associated with an accident, (transportation / treatment etc.)  Cost of welfare (rehabilitation, alternate jobs and other benefits, etc.)
  52. 52. Reducing Risk  Reducing Risk  An application with inherent safety while designing (e.g. LPG cylinder is provided with a protective frame, the valve handle)  Use of redundancy principle in instrument protection /design. (e.g. use of standby device, backup for computer storage)  Periodical monitoring (inspection) and testing of safety system to ensure reliability (e.g. Fire extinguisher)  Issue of operation manuals, training of operating personnel and regular audits  Development of well-designed emergency evaluation plan and regular rehearsal to ensure preparedness, in case of emergency.  Voluntary Risk: (participating in car racing and risky stunts)  Testing become inappropriate when the products are  Tested destructively  When the test duration is long  When the components failing by tests are very costly.
  53. 53. Reducing Risk  Risk Management  Risk management may be defined as the eradication or minimization of the adverse effects of the pure risks to which an organization is exposed.  Elements of Risk management programme:  Risk Identification  Risk Evaluation  Risk Control (Risk avoidance, Risk transfer, Risk reduction and Risk retention)
  54. 54. RISK IDENTIFICATION & RISK EVALUATION  The risk identification and Evaluation process is a critical part of effectively managing risks or events as part of an organization’s operational risk. Risks are identified, and then classified by risk category. Each risk is then assessed based on its impact, and prioritized in order to direct management focus toward the most important.  The process consists of 4 simple steps conducted by a Risk Committee:  Identify potential risks that could impact the organization and classify each risk into categories.  Rate each risk based on impact and likelihood, and provide rationale and understanding of root causes related to each risk (additional criteria can be rated- some processes include ‘speed of onset’ and ‘vulnerability’).  Prioritize top-rated risks to ensure the right ones are managed going forward.  Develop specific action plans to address the risks. Reducing Risk
  55. 55. Reducing Risk RISK CONTROL  There are four main ways to manage risk: 1. Risk avoidance, 2. Risk transfer, 3. Risk reduction and 4. Risk retention.  Each is applicable under different circumstances. Some ways of managing risk fall into multiple categories. Multiple ways of managing risk are often utilized simultaneously.
  56. 56. Reducing Risk 1. Risk avoidance (elimination of risk) • It involves completely avoiding an activity that poses a potential risk. However, this is not always practical. • By avoiding risk we forfeit potential gains, be it in life, in business or in with investments.
  57. 57. Reducing Risk 2. Risk Transfer (insuring against risk)  Most commonly, this is to buy an insurance policy. The risk is transferred to a third-party entity (in most cases an insurance company).  To be more clear, the financial risk is transferred to a third- party. For example, a homeowner’s insurance policy does not transfer the risk of a house fire to the insurance company, it only transfers the financial risk. A house fire is still just as likely as before. Risk sharing is also a type of risk transfer. For example, members assume a smaller amount of risk by transferring and sharing the remainder of risk with the group.
  58. 58. Reducing Risk 3. Risk Reduction (mitigating risk)  This is the idea of reducing the extent or possibility of a loss. This can be done by increasing precautions or limiting the amount of risky activity.  For example, installing a security alarm, smoke detectors, wearing a seat belt or wearing a helmet are ways of employing risk reduction.  Diversification of assets and hedging are forms of risk reduction with investments. Investments in information are a way of mitigating risk because you are better informed, thus reducing the uncertainty.  Another way of employing risk reduction is the safety in numbers approach.  When discussing risk transfer, we spoke briefly about risk sharing. The larger the number of people sharing risk, the less severe the shared effects will be. Statistically, only a small number of individuals in the group will experience an unfortunate event. Insurance companies exist based on this concept.
  59. 59. Reducing Risk 4. Risk Retention (accepting risk)  Risk retention simply involves accepting the risk. Even if the risk is mitigated, if it is not avoided or transferred, it is retained. Retention is effective for small risks that do not pose any significant financial threat.  The financial status of the family or individual will determine the acceptability of a risk.  A couple of examples of risk retention: A billionaire may not have to worry about insuring his car. An individual may not be able to afford or obtain health insurance. Both individuals are retaining risk, one is because they’re able to, the other is because they have to. Risk retention augments risk transfer through deductibles. With a deductible, we retain or ‘self- insure’ small, frequent occurrences and only utilize insurance for needs over a particular dollar threshold, our deductible limit.
  60. 60. Engineering Responsibilities  Responsibilities of an Engineer  Responsibilities include both internal responsibilities (responsibilities to employers) and external responsibilities (responsibilities to outside world).  Engineer functions at the socio-technological ‘interface’ (with science and technology on one side and, individuals and communities on the other)  Engineer bears a unique responsibility to decide on priorities, establish performance criteria, select materials and processes, and specify evaluation procedures.  Major responsibilities of an engineer  Problem Solving  Decision making
  61. 61. Engineering Responsibilities Internal Responsibilities  Internal Responsibilities  In today’s competitive world, the success of any organization relies on the team-play.  Team-play involves virtues of:  Collegiality  Loyalty  Respect for authority  Collective bargaining
  62. 62. Engineering Responsibilities Internal Responsibilities  COLLEGIALITY  Collegiality is the tendency to support and cooperate with the colleagues.  It is a virtue essential for team work to be effective.  Aspects/Elements of Collegiality  Respect to the ideas and work of others  Commitment to moral principles  Commitment is towards moral decision, actions, goals of the organization and values of the profession.  Connectedness  Shared commitment and mutual understanding; Sense of unity among engineers (absence of egoism)
  63. 63. Engineering Responsibilities Internal Responsibilities  LOYALTY is Quality of being true and faithful in one’s support.  Two Senses of Loyalty  Agency Loyalty  Attitude Loyalty or Identification Loyalty
  64. 64. Engineering Responsibilities Internal Responsibilities  Agency Loyalty  It is to fulfill one’s contractual duties to an employer.  The contractual duties include particular tasks for which one is paid, general activities of cooperating with colleagues and following lawful authority within the organization.  Example: People may not like the job they do and hate their employer, but still they would perform their duty as long as they are employers. This sense of loyalty is known as Agency Loyalty.  Attitude or Identification Loyalty  It is concerned with attitudes, emotions, and a sense of personal identity as it does with actions.  It implies that an employee should meet his/her moral duties to the organization with personal attachment and affirmation.
  65. 65. Engineering Responsibilities Internal Responsibilities  AUTHORITY  Authority is the right to make decisions, right to direct the work of others, and right to give orders.  Authority can be defined as the legal right to command action by others and to enforce compliance.  Types of Authority  Institutional Authority  Expert Authority
  66. 66. Engineering Responsibilities Internal Responsibilities  Institutional Authority  Institutional Authority can be defined as the institutional right given to a person to exercise power based on the resources of institution, complete the task and force them to achieve goals.  It is authority given by the institution to the qualified individuals in order to meet their institutional objectives.  E.g. Line Managers and Project Managers have the institutional duty to make sure that the products/projects are completed successfully.  Expert Authority  Expert Authority is the possession of special knowledge, skills, expertise and competence to perform some task or to give some advice.  Authority Vs. Power
  67. 67. Engineering Responsibilities Internal Responsibilities  COLLECTIVE BARGAINING  It is the bargain by the trade union for improving the economic interests of the workers.  The process is collective in the sense that issue relating to terms and conditions of employment are solved by representatives of employees and employers rather than individuals.  The term bargaining refers to evolving an agreement using methods like negotiation, discussion, exchange of facts and ideals rather than confrontation.  Process of Collective Bargaining  Presenting the character of demands by the union  Negotiations at the bargaining table  Reaching an agreement.
  68. 68. Engineering Responsibilities Internal Responsibilities  COLLECTIVE BARGAINING  Unionism and Professionalism  Collective bargaining assumes ‘unionism’. Legally any organization employing more than 20 employees could have a union.  Employers from unions to safeguard the interests of employees and to prevent exploitation of employees.  Many professional managers have argued that ethical aspects of professionalism in engineering are inconsistent with union ideology.  According to John Kemper, the unionism and professionalism are conflicting with each other. Professionalism offers important to the interests of society and of the employer. But unions consider the interests of the employees ahead of the interests of their employer.  A number of professional societies have emphasized that loyalty to employers and the public not possible with any form of collective bargaining.  Many professional societies indirectly instruct the engineers that they should not become member of the unions.
  69. 69. Engineering Responsibilities Internal Responsibilities  COLLECTIVE BARGAINING - Arguments over Unions  Arguments in favor of unions  Unions play a vital role in achieving high salaries and improved standard of living of employees.  Unions give employees a greater sense of participation in organization decision-making.  Unions ensure job security and protection against arbitrary treatment to the employees.  Unions have the ability to resist any orders from employers to perform unethical acts.  Unions maintain stability by providing an effective grievance procedure for employee complaints.  Unions can act as a counterforce to any radical political movements that exploit the employees.
  70. 70. Engineering Responsibilities Internal Responsibilities  COLLECTIVE BARGAINING - Arguments over Unions  Arguments against unions  Unions shatter the economy of a country by placing distorting influences on efficient uses of labor.  Unions remove person-to-person negotiations between employers and employees. Thus an individual is not given much important in the process of collective bargaining.  Unions encourage unrest and strained relations between employees and employee.  Unions encourage the unhealthy concept of job promotion, salary hike etc. on the basis of seniority.  Unions prevent employer from rewarding individuals for their personal achievements.
  71. 71. Engineering Responsibilities External Responsibilities  External Responsibilities  The responsibilities to the outside world include:  Confidentiality  Conflict of interest  Occupational crimes
  72. 72.  CONFIDENTIALITY  Confidentiality means keeping the information on the employer and clients as secrets. It is one of the important aspects of team work.  Confidentiality is that practice which helps to keep secret all information deemed desirable to keep secret. The maintenance of secrecy refers to the unrevealing of any data concerning the company’s business or technical processes that are not already in public knowledge. Every company has some knowledge and can identify the individuals and groups that might have access to a particular set of information. The members of such groups share the responsibility of maintaining confidentiality. Engineering Responsibilities External Responsibilities
  73. 73.  CONFIDENTIALITY  Term related to Confidential Information  Privileged Information  It refers information that is available only on the basis of special privilege. That is, information available to an employee who is working on a special assignment.  It includes information that has not yet become to public or known within an organization.  Proprietary Information  It is the information that is owned by a company.  It refers to a new knowledge established within the organization that can be legally protected from use by others.  This term is used as synonym for ‘property’ and ‘ownership’ Engineering Responsibilities External Responsibilities
  74. 74.  CONFIDENTIALITY  Trade Secrets  A trade secret can be any type of information that has not become public and which an employer has taken steps to keep secret.  These trade secrets may be about designs, technical processes, plant facilities, quality control systems, business plans, marketing strategies and so on.  Trade secrets are given limited legal protection against employee or contractor abuse. In the sense, an employer can sue employees or contractors for leaking trade secrets.  Patents Vs Trade Secrets  Patents legally protect specific products from being manufactured and sold by competitors without the permission of the patent holder.  Patents Vs. Trade Secrets: A patent holder has legally protected monopoly power. But in case of trade secrets, the legal protection is limited to keeping relationships of confidentiality and trust. Engineering Responsibilities External Responsibilities
  75. 75.  CONFLICTS OF INTEREST  Situation where professionals have self-interest. If self-interest is given importance, it may keep them away from meeting their obligations to their employees or clients.  Following are the examples:  To serve as a consultant for a competitor’s company  Personal interest such as making private investments in a competitor’s company  Types of Conflicts of Interest  Actual conflicts of interest arises when an employee compromise objective engineering judgment.  Potential conflicts of interest may corrupt professional judgment in the future.  Apparent conflicts of interest : There are situations in which there is the appearance of a conflict of interest. Engineering Responsibilities External Responsibilities
  76. 76.  Conflicts of interest and Accepting Gifts/Bribes  Mostly engineers who find themselves in actual, potential, or apparent conflicts of interest are those involving accepting gifts.  What is a bribe?  A bribe is something, such as money or a favor, offered or given to someone in a position of trust in order to induce him to act dishonestly.  It is something offered to influence or persuade.  What are the ethical reasons for not tolerating bribery?  Bribery corrupts free-market economic system and is anticompetitive.  Bribery corrupts justice and public policy by allowing rich people to make all the rules.  Bribery treats people as commodities that can be bought and sold.  What is meant by the term ‘kickbacks’?  Kickbacks are another form of bribing.  Prearranged payments made by contractors to companies or their representatives in exchange for contracts actually granted are called Kickbacks. Engineering Responsibilities External Responsibilities
  77. 77.  When is a gift a bribe? (What are the differences between a gift and a bribe?)  Gifts are not bribes as long as they are gratuities of smaller amounts. But bribes are illegal and immoral because they are worth of substantial amounts.  Gift may play a legitimate role in the normal conduct of business whereas a bribe influence the judgment.  In olden rules, the following thumb rule was applied:  A gift is a bribe if one can’t eat, drink or smoke it in a day.  Today a more appropriate thumb rule says:  If you think that your offer (or acceptance) of a particular gift would have grave or merely embarrassing consequences for your company if made public, then the gift should be considered a bribe. Engineering Responsibilities External Responsibilities
  78. 78.  OCCUPATIONAL CRIMES  Occupational crimes are illegal acts committed through a person's lawful employment.  It is the secretive violation of laws regarding work activities.  When professional or office workers commit the occupational crimes, it is referred as ’White Collar Crime’.  Even crimes that are aimed at promoting the interest of one’s employer rather than oneself are considered as occupational crimes.  Occupational crimes impinge on various aspects such as professionalism, loyalty, conflict of interest, and confidentiality. Engineering Responsibilities External Responsibilities
  79. 79. Rights of Engineers  Concept of rights can be categorized into the following three types: 1. Human Rights 2. Employee Rights a) Contractual rights b) Non-contractual rights 3. Professional Rights
  80. 80. Rights of Engineers  EMPLOYEE RIGHTS are the rights that apply or refer to the status or position of employee.  Employees are entitled for moral or legal rights.  Few important ‘employee rights’ are as follows.  No organization shall discriminate against an employee for criticizing.  No organization shall discriminate against an employee for being engaged in outside activities of his/her choice.  No Organization shall deprive an employee of the enjoyment of reasonable privacy in his/her place of work.  No employees in an organization who find fault that his rights have been violated, shall be discharged or penalized without a fair enquiry in the organization.  Rights to free speech and dissent, conscientious refusal right to obey unethical directives are also the rights of employees.
  81. 81. Rights of Engineers  Contractual Employee Rights  These employee rights are institutional rights that arise only due to the specific agreements in the employment contract.  Examples: The contractual employee rights include  Right to receive a salary of a certain amount; and  Right to receive other company benefits such as bonuses, salary increments etc.  Non-contractual Employee Rights  These are rights existing even if not formally recognized in the specific contracts or company policies.  Examples: The non-contractual employee rights include  Right to choose outside activities;  Right to privacy and employer confidentiality  Right to non-discrimination and absence of sexual harassment at the workplace.
  82. 82. Rights of Engineers  Engineers have several types of moral rights, apart from human, employee and professional rights as human beings.  PROFESSIONAL RIGHTS are the rights possessed by virtue of being professionals having special moral responsibilities.  The professional rights include  Right to exercise one’s professional judgment on the basis of his/her conscience.  Right to refuse to involve in unethical activities  Right to warn the public about harms and dangers  Right to express one’s professional judgment, including his right to disagree  Right to fair recognition and remuneration for professional services  Right to talk publicly about one’s work within bounds.
  83. 83. Rights of Engineers  Various aspects of Professional Rights  Rights of Professional conscience  One of the most fundamental rights of engineers  Moral right to exercise responsible professional judgment in discharging one’s professional responsibilities  Negative right: it places an obligation on other people not to interfere with its exercise.  Positive right: it places an obligation on other people to do more than merely not interfering.  Specific Rights 1. Right of conscientious refusal • According to these rights, no employer can force or pressure an employee to do something that the employee considers unethical and unacceptable. 2. Right to recognition • Engineer’s right to professional recognition for their work and accomplishment • Types of recognition/reward: Extrinsic rewards (monetary remunerations); Intrinsic rewards ( non-monetary remunerations)
  84. 84. Whistle Blowing  It is the act of reporting on unethical conduct within an organization to someone outside//inside of the organization in an effort to discourage the organization from continuing the activity.  (reporting of wrongdoing within part of an organization to senior management, often confidentially.)  Types of whistle blowing:  Internal whistle blowing,  External whistle blowing,  Open whistle blowing,  Anonymous whistle blowing.
  85. 85. Whistle Blowing  When should Whistle blowing be attempted? Need Proximity Capability Last Resort
  86. 86. Whistle Blowing  To prevent Whistle Blowing:  Company should create a strong ethics culture;  encourage free and open communication system within organization;  can create an ethics review committee;  should have willingness to admit mistakes.
  87. 87. What is “Intellectual Property”? Intellectual Property Rights (IPR)
  88. 88. Intellectual Property  What is “intellectual property”?  Intangible assets recognized as “property” by the state  Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.  For example, trademarks, copyrights, patents, and trade secrets.  What is “infringement”?  Unauthorized use of intangible assets whose control had been exclusively granted to the owner. Intellectual Property Rights (IPR)
  89. 89. Intellectual Property  The WTO has established seven elements of IPRs, which are agreed by TRIPS.  Patents  Industrial Designs  Trade marks  Copyrights  Trade Secrets  Design of Integrated Circuits  Geographical Indications Intellectual Property Rights (IPR)
  90. 90. Trademark
  91. 91. Trademark  If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest.  A "trademark" is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999
  92. 92. Trademark  Trademarks (®) are intellectual property in a brand (such as Coke®)
  93. 93.  Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.  In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author. Copyright
  94. 94.  Copyright law (©) is intellectual property in creative works, such as books, music, and movies (and presentations!).  Copyrights are designed to protect the expression of ideas (not the idea!)  In India, under the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works.  Copyright gives the author exclusive right to make copies of the expression and sell them to the public.  “original works of authorship fixed in any tangible medium of expression,… from which they can be perceived, reproduced, or otherwise communicated.” Copyright
  95. 95.  Computer Software or programme can be registered as a ‘literary work’. As per Copyright Act, 1957, “literary work” includes computer programmes, tables and compilations, including computer databases.  A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works. Copyright
  96. 96.  Public domain- work owned by the public, (e.g. government)  Work must be original to the author  “fair use of a copyrighted work, including such use by reproduction in copies…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research.”  New owner can give away or sell object Copyright
  97. 97.  Each copy mist be marked with the copyright symbol © or the word Copyright, the year and the author’s name  Copyright Infringement: Unauthorized use of copyright works.  Copyrights for computer software (cannot copyright the algorithm)  You do not purchase a piece of software, just the license to use it.  Computer menu design can be copyrighted, but not “look and feel” Copyright
  98. 98. Copyright
  99. 99.  A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention.  Protect inventions, tangible objects, or ways to make them, not works of the mind.  Patent is designed to protect the device or process for carrying out an idea, not the idea itself.  Patent goes to person who invented the object first  Algorithms are inventions and can be patented. Patents
  100. 100.  In India, the Law of Patent is primarily governed by the Patent Act of 1970.  The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT. Patents
  101. 101. Patents
  102. 102. Trade Secrets
  103. 103.  Information that gives one company a competitive edge over others.  Reverse engineering – study finished object to determine how it is manufactured or how it works  Trade secret protection can apply to software  Some examples of trade secrets include customer lists and manufacturing processes. Trade Secrets
  104. 104. Benefits of Intellectual Property Rights  IPRs promote technological, industrial and economical developments of a country.  IPRs provide incentives for the inventions and ensure adequate returns on commercialization of the invention.  IPRs prevent the competitors from using one’s invention.  IPRs are useful in identifying unprotected areas to avoid violation.  IPRs grant exclusive rights to the inventors.  IPRs provide use of the invention for the public purpose.  IPRs are useful in identifying unexplored areas for undertaking research so as to become a leader in that area.
  105. 105. Why is IP Enforcement Important? • Intellectual Property Violations can harm legitimate producers (artists, musicians, and companies), retailers, distributors (local, importers, and exporters) and exhibitors of intellectual property. • Intellectual Property Violations threaten public health and safety. • Intellectual Property Violations foster growth of a lawless underground economy that escapes accountability (such as paying taxes on sales). • Intellectual Property Violations provide funding for violent domestic and foreign-based organized crime syndicates.
  106. 106.  Enforcing IP Rights can improve product- related health and safety.  Enforcing IP Rights can foster growth of economic industries (software, high tech, etc.).  Enforcing IP Rights can foster creativity.  Enforcing IP Rights can create incentive for investment.  Enforcing IP Rights can fulfill international treaty obligations. Why is IP Enforcement Important?
  107. 107. Discrimination  Discrimination is the unequal treatment to an individual intentionally on unintentionally.  Discrimination refers to treating people unfairly because of one’s sex, race, skin color, age or religious outlook.  It violates fundamental human rights of fair and equal treatment humans.  Discrimination defined: Discrimination is a morally unjustified treatment of people on arbitrary or irrelevant grounds.  Preferential Treatments: Giving an advantage to a member of a group that in the past was denied equal treatment, in particular, women and minorities.  Weak Preferential Treatment: Giving an advantage to members of traditionally discriminated-against groups over equally qualified applicants who are members of other group.  Strong Preferential Treatment: Giving preference to minority applicants or women over better-qualified applicants from other groups.
  108. 108. Discrimination  Arguments over Preferential Treatment  Arguments favoring Preferential Treatments  A right ethics who favor preferential treatment emphasizes on the principle of compensatory justice. According to them, past violations of rights must be compensated.  The utilitarians who favor preferential treatment argue that the women and minorities should be integrated into the economic and social mainstream.  Arguments against Preferential Treatments  It can be argued that preferential treatment is a straightforward violation of other people’s rights to equal opportunity.  It is also argued that there is the economic harm that results from a policy of not consistently recruiting the best qualified persons.  The reverse discrimination is unfair in the present.  Sexual Harassment