American Concrete Pipe Association Engineering Ethics American Concrete Pipe Association Pipe School Houston, TX February 13, 2014

“Safety” No Job Is To Important Not To Be Done Safely Safety Is No Accident “Safety” No Job Is To Important Not To Be Done Safely Be Smart-Think Safe The Safe Way Is The Right Way Work Place Safety – It’s No Accident The Safe Way Is The Best Way Safety Is A Team Effort

Flight From Houston to Las Vegas (9/20/12)

Agenda Understanding Ethics And How It Applies To Business & Engineering State P.E. Ethics Requirements TBPE Rules & Regulations Regarding Ethics Case Studies & Sanctions

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State Ethics Requirements 50 States + District of Columbia 12 States Do Not Require PDH Credits (AZ, CA, CO, CT, DE, HI, MA, MI, RI, VT, WA, DC)

State Ethics Requirements 6 States Require An Ethics PDH Credit (LA, MS, NM, NY, TX, WI) FL Requires 4 PDH Credits Covering Rules & Regulations Every 2 Years MD Requires 1 PDH Covering Standards of Practice or Care, Rules & Regulations or Ethics

Ethics - Business The study of proper business policies and practices regarding potentially controversial issues, such as corporate governance, insider trading, bribery, discrimination, corporate social responsibility and fiduciary responsibilities. Business ethics are often guided by law, while other times provide a basic framework that businesses may choose to follow in order to gain public acceptance.

Ethics - Legal A code of ethics is a set of principles of conduct within an organization that guide decision making and behavior. The purpose of the code is to provide members and other interested persons with guidelines for making ethical choices in the conduct of their work

Ethics - Engineering The study of moral issues and decisions confronting individuals and organizations involved in engineering and the study of related questions about moral conduct, character, ideals and relationships of people and organizations involved in technological development

Colleges & Universities Texas A&M Ethics Course for Undergraduates Virginia Military Institute Center for Leadership & Ethics Texas Tech Penn State Perdue

NSPE Code of Ethics for Engineers Preamble Fundamental Canons Rules of Practice Professional Obligations

NSPE Code of Ethics - Preamble

NSPE Code of Ethics Fundamental Canons

NSPE Code of Ethics Rules of Practice Engineers shall hold paramount the safety, health, and welfare of the public. Engineers shall perform services only in the areas of their competence. Engineers shall issue public statements only in an objective and truthful manner.

NSPE Code of Ethics Rules of Practice Engineers shall act for each employer or client as faithful agents or trustees. Engineers shall avoid deceptive acts.

NSPE Code of Ethics Professional Obligations Engineers shall be guided in all their relations by the highest standards of honesty and integrity. Engineers shall at all times strive to serve the public interest Engineers shall avoid all conduct or practice that deceives the public.

NSPE Code of Ethics Professional Obligations Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve

NSPE Code of Ethics Professional Obligations Engineers shall not be influenced in their professional duties by conflicting interests. Engineers shall not attempt to obtain employment or advancement or professional engagements by untruthfully criticizing other engineers, or by other improper or questionable methods.

NSPE Code of Ethics Professional Obligations Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action.

NSPE Code of Ethics Professional Obligations Engineers shall accept personal responsibility for their professional activities. Provided, however, that engineers may seek indemnification for services arising out of their practice for other than gross negligence, where the engineer’s interests cannot otherwise be protected.

NSPE Code of Ethics Professional Obligations Engineers shall give credit for engineering work to those to whom credit is due, and will recognize the propriety interests of others.

Do You Understand NSPE Engineering Ethics? Engineers, in the fulfillment of their professional duties, must carefully consider the safety, health, and welfare of the public. False I.1 Engineers shall hold paramount the safety, health, and welfare of the public

Do You Understand NSPE Engineering Ethics? Engineers shall acknowledge their errors after consulting with their employers or clients. False III.1.a Engineers shall acknowledge their errors and shall not distort or alter the facts

Do You Understand NSPE Engineering Ethics? Engineers may review but shall not approve those engineering documents that are in conformity with applicable standards. False II.1.b Engineers shall approve only those engineering documents that are in conformity with applicable standards

Do You Understand NSPE Engineering Ethics? Engineers shall not solicit but may accept financial or other valuable consideration, directly or indirectly, from outside agents in connection with the work for which they are responsible, if such compensation is fully disclosed. False II.4.c Engineers shall not solicit or accept financial or other valuable consideration, directly or indirectly, from outside agents in connection with the work for which they are responsible.

Do You Understand NSPE Engineering Ethics? Engineers may issue subjective and partial statements if such statements are in writing and consistent with the best interests of their employers, clients, or public. False I.3 Issue public statements only in an objective and truthful manner.

TEXAS ENGINEERING PRACTICE ACT AND RULES CONCERNING THE STATE OF TEXAS   TEXAS ENGINEERING PRACTICE ACT AND RULES CONCERNING THE PRACTICE OF ENGINEERING AND PROFESSIONAL ENGINEERING LICENSURE TEXAS BOARD OF PROFESSIONAL ENGINEERS 1917 IH 35 SOUTH AUSTIN, TX 78741-3702 Email: peboard@tbpe.state.tx.us Website: http://www.tbpe.state.tx.us Rules effective June 13, 2013

Let’s Look At … Texas Administrative Code, Title 22: Examining Boards Part 6 Chapter 137 Compliance & Professionalism Subchapter C Professional Conduct and Ethics Chapter 139 Enforcement Subchapter C Enforcement Proceedings

Subchapter C: Professional Conduct & Ethics 137.55 Engineers Shall Protect the Public 137.57 Engineers Shall be Objective and Truthful 137.59 Engineers’ Actions Shall be Competent 137.61 Engineers Shall Maintain Confidentiality of Clients 137.61 Engineers Responsibility to the Profession

Engineer Shall Be Competent How many engineering disciplines does TBPE recognize? 27 Aeronautical/Aerospace Agricultural Architectural Biomedical Ceramic Chemical Civil Control Systems

TBPE Engineering Disciplines Electrical, Electronic, Computer Communications Engineering Sciences/General Environmental Fire Protection Geological Industrial Manufacturing Mechanical Metallurgical Mining/Mineral Naval Architecture/Marine Engineering

TBPE Engineering Disciplines Nuclear Ocean Petroleum Sanitary Software Structural Textile (27) Other

What If You Work In Another State? 137.65 Action In Another Jurisdiction (a) The engineer shall not practice or offer to practice engineering in any other jurisdiction in violation of the laws regulating the practice of professional engineering in that jurisdiction. A finding by such jurisdiction of illegal practice or offer to practice is misconduct and will subject the engineer to disciplinary action in Texas.

Subchapter C: Enforcement Proceedings What are the penalties? 139.35(b) Figure 2 - Suggested Sanctions Administrative Engineering Misconduct Licensing Ethics Violations Improper Use of Seal

What Are The Penalties?

TBPE Sanctions Engineer allowed his seal to be stored on CAD contractor’s computer. Claimed it may have been used without his knowledge or consent Formal Reprimand & $1,950 admin. penalty Engineer practiced in another state with expired license Practicing w/expired license. Formal reprimand & complete ethics course

TBPE Sanctions Architect prepared & submitted structural review & verification of cell tower. Practicing w/o license. Cease & Desist agreement and $2,000 admin. penalty Engineer while still employed but had given notice to leave, contacted another firm in a way to create a conflict of interest Did not act as faithful agent to employer. Year probated suspension, $500 admin. penalty, engineering ethics course

TBPE Sanctions Engineer certified he completed required CE credits when he had not Voluntarily surrendered license. License revoked Firmed claimed to be able to perform engineering services when it did not have current firm registration $500 admin. penalty.

Ethics: You Be The Judge Who Gets The Prize? Eng. works for a firm that pays his expenses for a trade show. He wins a door prize worth $5,000. Is it ethical to keep the door price or should he remit the prize to his employer?

Ethics: You Be The Judge Who Gets The Prize? Eng. has ethical obligation to report the prize. Ultimate decision is between the eng. & employer. II.4.c III.5.b III.9.e

Ethics: You Be The Judge A Developing Conflict Eng. assigned by his firm to work w/developer on a commercial project. Learns is father is working w/group to stop the development. What is the Eng.’s ethical obligations under the circumstances?

Ethics: You Be The Judge A Developing Conflict Eng. should fully disclose this information to his employer & the developer. It is then their decision as to how to continue. I.6 II.4 II.4a

Ethics: You Be The Judge Boiling Point Eng. replies to a blog he reads on line using coarse, abusive, and obscene language. He includes his name & P.E. designation. Was it ethical for the eng. to include his P.E. designation in the blog posting?

Ethics: You Be The Judge Boiling Point It was unethical for the eng. to respond as he did whether or not he included his name or P.E. designation. I.6 II.2 III.2.c

Ethics: You Be The Judge A Question of Answering Questions Marketing co. develops website to answer questions from customers who then pay a fee. The Company hires expert’s to answer the questions in return for part of the fee. A structural eng. wants to know if it is ethical to participate as the expert.

Ethics: You Be The Judge A Question of Answering Questions Eng. is not providing professional advice to clients, he is working as a freelance service provider selling engineering information to customers via a Web portal established by the marketing co. The eng. does not establish a professional-client relationship with his customers. The eng. client is the marketing co.

Ethics: You Be The Judge A Question of Answering Questions It is ethical as long as the marketing co. makes appropriate disclaimers to its customers. The service providers do not have a professional-client relationship with them. They are dispensing information, not professional advice. An the questions & responses are not confidential

Is The Following Ethical?

For The Record This Is Not Our Pipe

Questions?