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

2. “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

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

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

6. 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)

7. 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

8. 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.

9. 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

10. 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

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

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

13. NSPE Code of Ethics - Preamble

14. NSPE Code of Ethics Fundamental Canons

15. 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.

16. 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.

17. 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.

18. 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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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

24. 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

25. 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

26. 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.

27. 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.

28. 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
Website:
Rules effective June 13, 2013

29. 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

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

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

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

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

34. What If You Work In Another State?
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.

35. 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

40. What Are The Penalties?

41. 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

42. 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

43. 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.

44. 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?

45. 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

46. 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?

47. 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

48. 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?

49. 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

50. 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.

51. 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.

52. 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

53. Is The Following Ethical?

54. For The Record This Is Not Our Pipe

56. Questions?