Ethics and Professional Practice Flashcards
contract
a legally binding agreement to exchange goods and/ or services
requirements:
- a clear, specific, and definite offer
- some form of conditional future consideration (such as payment)
- an acceptance of the offer
conditions under which contract is made:
- agreement must be voluntary
- parties must have legal capacity
- purpose of agreement must be legal
a contract should include:
- statement of purpose
- information about all associated parties
- effective date
- expiration date
- duties/obligations of all parties
- timeline
- amount/type of compensation
- compensation schedule and terms
- standard boilerplate clauses
- signatures of all parties or their agents
- date signed
- declaration of authority of the signatories to bind contracting parties
- supporting documents
consultant
- must be expert in subject matter
- has same obligations to clients as registered engineers
- is obliged to protect client’s data, process, and information
example:
if the consultant develops analysis techniques, special skills, experience and so forth while working for one client, he/she can use this when working for another client as long as it doesn’t involve something deliverable under a contract with the former client (such as a software algorithim)
professional liability
potential legal consequences of actions determined to be illegal, irresponsible, and/or immoral
errors and omission insurance
- carried by most firms
- typically covers engineer employed by firm
- protects against claims due to inadvertent mistakes
- does not protect against claims due to personal negligence, fraud, or malpractice
professional code of ethics:
a system of principles or rules for conduct and decision making in professional situations
- a code of ethics is not typically enforced by law
- an action may be legal and still violate a code of ethical or professional behavior
An engineer must,
- render faithful, honest, professional service
- represent the interests of employers and clients
- protect public health, safety, and welfare
All major professional engineering societies in the United State have adopted codes of ethics
ethical priorites
( in decreasing order of importance)
- society and the public
- the law
- the engineering profession
- the engineer’s client
- the engineer’s firm
- other involved engineers
- the engineer personally
public health, safety and welfare
the most important obligation of the engineer
- “Licensees, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public welfare” (NCEES Rules of Professional Conduct)
- “Engineers shall hold paramount the safety, health, and welfare of the public.. in the performance of their professional duties.” (American Society of Civil Engineers Code of Ethics)
sustainability
any design or development that seeks to minimize negative impacts on the environment so that the present generation’s resource needs do not compromise the resource needs of future generations
professional skils
- public policy, management, and business
- knowledge of federal, state, and local regulations affecting the engineer’s involvement with society
- competence managing projects on time, within budget, to client’s satisfaction
- obligation to maintain nontechnical and technical competence per NCEES Model Rules
An engineer’s first obligation is always to society
this obligation takes precedence over all others
- be a guardian of the public safety
- submit truthful and complete reports, statements, and testimonies
- don’t abuse credibility
- don’t be involved in fraud
- inform state board of possible ethics violations
obligations to employers or clients
Registered engineers’ obligations to employers or clients are secondary to their obligation to society. Where there is a conflict, the interests of society (especially regarding safety) take precedence
- Accept only assignments the engineer is qualified to complete
- Don’t sign and seal plans or document on something the engineer is not competent in or that were not prepared under his/her direct supervision
- Coordinate projects that include segments in which they are not competent or qualified registered engineer signs and seals plans
and documents for those segments of the project
- protect facts, data, and information belonging to the employer or client
obligations to other licensees
a registered engineer’s obligation to other licensees is less important than the obligation to society. Where there is a conflict, (especially in regard to safety) take precedence.
a registered engineer is bound to these obligations toward other licensees:
- don’t falsely represent one’s qualifications or the qualifications of associates.
- don’t solicit, accept or give anything of value to secure work
- don’t give a political contribution to influence the award of a contract by a public authority
licensure
the process by which a state’s board of engineering licensing determines and certifies that an engineer has achieved a minimum level of competence
licensure examinations
in the united states, two examinations are required
- the 1st is the fundamentals of engineering (fe) examination, a 110 problem computerized test usually taken at the completion of a 4-year college degree in engineering
- the second is the professional engineering (pe) examination. Exam length varies depending on the discipline. Examinees usually take the test after acquiring at least 4 years of practicing engineering and after having passed the FE. Qualification requirements vary from state to state.
