Professional Ethics

1. Professional Ethics

2. Defining Ethics

3. Ethics Codes Are Dynamic
• Reevaluated when ethical dilemmas arise
• Must be applicable
• Change over the years:
Early Years
• Advertising
• Competitive bidding
• Self promotion
Today
• Signing and sealing work
• Whistleblowing
• Conflict of interests
Obligation to protect PUBLIC HEALTH AND SAFETY

4. Promote health, safety, and welfare of public

5. Perform services only where competent

6. Objective and truthful in public statements

7. Act as faithful agents

8. Avoid deceptive acts

9. Enhance reputation of profession

10. Tests for Use
Consider:
• The Golden Rule
• No special gains
• News headline

11. We Can Ask Ourselves…
• Long Term Impact?
• Right Thing to do?
• Reflection of My Company’s
Values?

12. For Advice:
Arthur Schwartz, Legal Counsel
National Society of Professional Engineers
aschwatrz@nspe.org
Review Cases:
• www.nspe.org - National Society of Professional
Engineers
• www.niee.org - National Institute of Engineering Ethics

13. Sample Case – BER Case 11-8
• Tom works for Company X which is owned by Steve.
• Company X is experiencing financial problems and Steve recently
created another company, Company Y.
• Tom learned that Steve advised clients of Company X to remit
payments for work performed by Company X to new Company Y.
What are Tom’s ethical obligations?

14. BER Discussion Case 11-8
• NSPE Code of Ethics References:
• Section I.6.
• Section II.1.d.
• Section III.7.
• If Tom is not convinced that Steve is operating his business in an
ethical and legal, he should resign and bring his concerns to the
state licensing board.

15. BER Case 13-1
Page 9
• Question: Was it ethical for Engineer A to submit a proposal to
serve as the owner’s representative for the utility on the project?
• NSPE Code of Ethics References:
Section II.3.a. Section II.4.d. Section III.4.a.
Section II.4.a. Section II.4.e.
• Conclusion: Not ethical

16. • Question: Was it ethical for Engineer A to refuse to return copies of the
work to Firm X?
• NSPE Code of Ethics References:
Section III.8. Section III.9.a. Section III.9.d.
Section III.9. Section III.9.b.
• Conclusion: Not ethical – Engineer A and Firm X should first discuss
and negotiate the terms and conditions of his departure, including the
disposition of work prepared by Engineer A during his employment with
Firm X. While it is true that Engineer A has legitimate interests in the
work he signed and sealed, Firm X also has proprietary and other rights
and interests that should be respected by Engineer A.
BER Case 13-10
Page 13

17. • Question: Would it be ethical for Engineer A to accept the engineering
position with Engineering Firm M?
• NSPE Code of Ethics References:
Section III.4. Section III.4.a. Section III.4.b.
• Conclusion: Ethical, provided that Engineer A does not perform any
services in connection with the current litigation between Client T and
Client U. Prior to accepting employment with Firm M, Engineer A has
an ethical obligation to advise Firm M regarding his obligation to
maintain the confidential information of Engineer A’s former clients,
Attorney X and Client T.
BER Case 13-12
Page 14

18. • Question: Was it ethical for Engineer A to fail to disclose to all
parties involved that Subcontractor L owed Engineer A $25,000 in
professional fees?
• NSPE Code of Ethics References:
Section II.4. Section III.4.
Section II.4.a. Section III.5.
• Conclusion: Not ethical
BER Case 13-5
Page 11

19. • Questions:
• Was it unethical for Engineer A to fail to include all of the
members of the research team in the abstract?
• Was it ethical for Engineer A to propose to present at the
technical society conference?
BER Case 13-6
Page 12

20. • NSPE Code of Ethics References:
Section II.3. Section III.6. Section III.9.a.
Section II.3.a. Section III.9.
• Conclusions:
• Not ethical (unethical)
• Not ethical – Engineer A first should consult with Engineer B.
BER Case 13-6
Page 12

21. BER Case 13-3
Page 10
• Question: Would it be ethical for Engineer A to sign off on the change
order?
• NSPE Code of Ethics References:
Section II.3. Section II.5.
Section II.4. Section III.1.
• Conclusion: Not ethical – If Engineer A is pressured by Supervisor B to
relent and approve the proposed change order, Engineer A would have
an obligation to bring this matter up to appropriate authorities within
the State X Department of Transportation or such other authorities as
appropriate.

22. Professional Ethics