DonLeffingwellPE
Mechanical
- Apr 18, 2000
- 73
The following site has links to many interesting sites dealing with ethics.<br><br><A HREF=" TARGET="_new"> below was obtained from this site and is published by the NSPE<br><br><br> NSPE Code of Ethics for Engineers <br><br> Preamble<br> Engineering is an important and learned profession. As<br> members of this profession, engineers are expected to<br> exhibit the highest standards of honesty and integrity.<br> Engineering has a direct and vital impact on the quality of life<br> for all people. Accordingly, the services provided by<br> engineers require honesty, impartiality, fairness and equity,<br> and must be dedicated to the protection of the public health,<br> safety, and welfare. Engineers must perform under a<br> standard of professional behavior that requires adherence to<br> the highest principles of ethical conduct.<br><br> I. Fundamental Canons <br><br> Engineers, in the fulfillment of their professional duties, shall:<br><br> 1. Hold paramount the safety, health and welfare of the<br> public.<br><br> 2. Perform services only in areas of their competence.<br><br> 3. Issue public statements only in an objective and truthful<br> manner.<br><br> 4. Act for each employer or client as faithful agents or<br> trustees.<br><br> 5. Avoid deceptive acts.<br><br> 6. Conduct themselves honorably, responsibly, ethically, and<br> lawfully so as to enhance the honor, reputation, and<br> usefulness of the profession.<br><br> II. Rules of Practice <br><br> 1. Engineers shall hold paramount the safety, health, and<br> welfare of the public.<br><br> a. If engineers' judgment is overruled under circumstances<br> that endanger life or property, they shall notify their employer<br> or client and such other authority as may be appropriate.<br><br> b. Engineers shall approve only those engineering documents<br> that are in conformity with applicable standards.<br><br> c. Engineers shall not reveal facts, data or information<br> without the prior consent of the client or employer except as<br> authorized or required by law or this Code.<br><br> d. Engineers shall not permit the use of their name or<br> associate in business ventures with any person or firm that<br> they believe are engaged in fraudulent or dishonest<br> enterprise. <br><br> e. Engineers having knowledge of any alleged violation of this<br> Code shall report thereon to appropriate professional bodies<br> and, when relevant, also to public authorities, and cooperate<br> with the proper authorities in furnishing such information or<br> assistance as may be required.<br><br> 2. Engineers shall perform services only in the areas of their<br> competence.<br><br> a. Engineers shall undertake assignments only when<br> qualified by education or experience in the specific technical<br> fields involved.<br><br> b. Engineers shall not affix their signatures to any plans or<br> documents dealing with subject matter in which they lack<br> competence, nor to any plan or document not prepared under<br> their direction and control.<br><br> c. Engineers may accept assignments and assume<br> responsibility for coordination of an entire project and sign<br> and seal the engineering documents for the entire project,<br> provided that each technical segment is signed and sealed<br> only by the qualified engineers who prepared the segment.<br><br> 3. Engineers shall issue public statements only in an<br> objective and truthful manner.<br><br> a. Engineers shall be objective and truthful in professional<br> reports, statements, or testimony. They shall include all<br> relevant and pertinent information in such reports,<br> statements, or testimony, which should bear the date<br> indicating when it was current.<br><br> b. Engineers may express publicly technical opinions that<br> are founded upon knowledge of the facts and competence in<br> the subject matter.<br><br> c. Engineers shall issue no statements, criticisms, or<br> arguments on technical matters that are inspired or paid for<br> by interested parties, unless they have prefaced their<br> comments by explicitly identifying the interested parties on<br> whose behalf they are speaking, and by revealing the<br> existence of any interest the engineers may have in the<br> matters.<br><br> 4. Engineers shall act for each employer or client as faithful<br> agents or trustees.<br><br> a. Engineers shall disclose all known or potential conflicts of<br> interest that could influence or appear to influence their<br> judgment or the quality of their services.<br><br> b. Engineers shall not accept compensation, financial or<br> otherwise, from more than one party for services on the same<br> project, or for services pertaining to the same project, unless<br> the circumstances are fully disclosed and agreed to by all<br> interested parties.<br><br> c. Engineers shall not solicit or accept financial or other<br> valuable consideration, directly or indirectly, from outside<br> agents in connection with the work for which they are<br> responsible.<br><br> d. Engineers in public service as members, advisors, or<br> employees of a governmental or quasi-governmental body or<br> department shall not participate in decisions with respect to<br> services solicited or provided by them or their organizations<br> in private or public engineering practice.<br><br> e. Engineers shall not solicit or accept a contract from a<br> governmental body on which a principal or officer of their<br> organization serves as a member.<br><br> 5. Engineers shall avoid deceptive acts.<br><br> a. Engineers shall not falsify their qualifications or permit<br> misrepresentation of their or their associates' qualifications.<br> They shall not misrepresent or exaggerate their responsibility<br> in or for the subject matter of prior assignments. Brochures<br> or other presentations incident to the solicitation of<br> employment shall not misrepresent pertinent facts<br> concerning employers, employees, associates, joint<br> venturers, or past accomplishments. <br><br> b. Engineers shall not offer, give, solicit or receive, either<br> directly or indirectly, any contribution to influence the award<br> of a contract by public authority, or which may be reasonably<br> construed by the public as having the effect of intent to<br> influencing the awarding of a contract. They shall not offer<br> any gift or other valuable consideration in order to secure<br> work. They shall not pay a commission, percentage, or<br> brokerage fee in order to secure work, except to a bona fide<br> employee or bona fide established commercial or marketing<br> agencies retained by them.<br><br> III. Professional Obligations <br><br> 1. Engineers shall be guided in all their relations by the<br> highest standards of honesty and integrity.<br><br> a. Engineers shall acknowledge their errors and shall not<br> distort or alter the facts.<br><br> b. Engineers shall advise their clients or employers when<br> they believe a project will not be successful.<br><br> c. Engineers shall not accept outside employment to the<br> detriment of their regular work or interest. Before accepting<br> any outside engineering employment they will notify their<br> employers.<br><br> d. Engineers shall not attempt to attract an engineer from<br> another employer by false or misleading pretenses.<br><br> e. Engineers shall not actively participate in strikes, picket<br> lines, or other collective coercive action.<br><br> f. Engineers shall not promote their own interest at the<br> expense of the dignity and integrity of the profession.<br><br> 2. Engineers shall at all times strive to serve the public<br> interest.<br><br> a. Engineers shall seek opportunities to participate in civic<br> affairs; career guidance for youths; and work for the<br> advancement of the safety, health and well-being of their<br> community.<br><br> b. Engineers shall not complete, sign, or seal plans and/or<br> specifications that are not in conformity with applicable<br> engineering standards. If the client or employer insists on<br> such unprofessional conduct, they shall notify the proper<br> authorities and withdraw from further service on the project.<br><br> c. Engineers shall endeavor to extend public knowledge and<br> appreciation of engineering and its achievements.<br><br> 3. Engineers shall avoid all conduct or practice that deceives<br> the public.<br><br> a. Engineers shall avoid the use of statements containing a<br> material misrepresentation of fact or omitting a material fact.<br><br> b. Consistent with the foregoing, Engineers may advertise for<br> recruitment of personnel.<br><br> c. Consistent with the foregoing, Engineers may prepare<br> articles for the lay or technical press, but such articles shall<br> not imply credit to the author for work performed by others.<br><br> 4. Engineers shall not disclose, without consent, confidential<br> information concerning the business affairs or technical<br> processes of any present or former client or employer, or<br> public body on which they serve.<br><br> a. Engineers shall not, without the consent of all interested<br> parties, promote or arrange for new employment or practice<br> in connection with a specific project for which the Engineer<br> has gained particular and specialized knowledge.<br><br> b. Engineers shall not, without the consent of all interested<br> parties, participate in or represent an adversary interest in<br> connection with a specific project or proceeding in which the<br> Engineer has gained particular specialized knowledge on<br> behalf of a former client or employer.<br><br> 5. Engineers shall not be influenced in their professional<br> duties by conflicting interests.<br><br> a. Engineers shall not accept financial or other<br> considerations, including free engineering designs, from<br> material or equipment suppliers for specifying their product.<br><br> b. Engineers shall not accept commissions or allowances,<br> directly or indirectly, from contractors or other parties dealing<br> with clients or employers of the Engineer in connection with<br> work for which the Engineer is responsible.<br><br> 6. Engineers shall not attempt to obtain employment or<br> advancement or professional engagements by untruthfully<br> criticizing other engineers, or by other improper or<br> questionable methods.<br><br> a. Engineers shall not request, propose, or accept a<br> commission on a contingent basis under circumstances in<br> which their judgment may be compromised.<br><br> b. Engineers in salaried positions shall accept part-time<br> engineering work only to the extent consistent with policies<br> of the employer and in accordance with ethical<br> considerations.<br><br> c. Engineers shall not, without consent, use equipment,<br> supplies, laboratory, or office facilities of an employer to carry<br> on outside private practice.<br><br> 7. Engineers shall not attempt to injure, maliciously or<br> falsely, directly or indirectly, the professional reputation,<br> prospects, practice, or employment of other engineers.<br> Engineers who believe others are guilty of unethical or illegal<br> practice shall present such information to the proper authority<br> for action.<br><br> a. Engineers in private practice shall not review the work of<br> another engineer for the same client, except with the<br> knowledge of such engineer, or unless the connection of<br> such engineer with the work has been terminated.<br><br> b. Engineers in governmental, industrial, or educational<br> employ are entitled to review and evaluate the work of other<br> engineers when so required by their employment duties.<br><br> c. Engineers in sales or industrial employ are entitled to<br> make engineering comparisons of represented products with<br> products of other suppliers.<br><br> 8. Engineers shall accept personal responsibility for their<br> professional activities, provided, however, that Engineers may<br> seek indemnification for services arising out of their practice<br> for other than gross negligence, where the Engineer's<br> interests cannot otherwise be protected.<br><br> a. Engineers shall conform with state registration laws in the<br> practice of engineering.<br><br> b. Engineers shall not use association with a nonengineer, a<br> corporation, or partnership as a "cloak" for unethical acts.<br><br> 9. Engineers shall give credit for engineering work to those to<br> whom credit is due, and will recognize the proprietary<br> interests of others.<br><br> a. Engineers shall, whenever possible, name the person or<br> persons who may be individually responsible for designs,<br> inventions, writings, or other accomplishments.<br><br> b. Engineers using designs supplied by a client recognize<br> that the designs remain the property of the client and may<br> not be duplicated by the Engineer for others without express<br> permission.<br><br> c. Engineers, before undertaking work for others in<br> connection with which the Engineer may make<br> improvements, plans, designs, inventions, or other records<br> that may justify copyrights or patents, should enter into a<br> positive agreement regarding ownership.<br><br> d. Engineers' designs, data, records, and notes referring<br> exclusively to an employer's work are the employer's<br> property. Employer should indemnify the Engineer for use of<br> the information for any purpose other than the original<br> purpose.<br><br> As Revised July 1996<br><br> "By order of the United States District Court for the District of<br> Columbia, former Section 11(c) of the NSPE Code of Ethics<br> prohibiting competitive bidding, and all policy statements,<br> opinions, rulings or other guidelines interpreting its scope,<br> have been rescinded as unlawfully interfering with the legal<br> right of engineers, protected under the antitrust laws, to<br> provide price information to prospective clients; accordingly,<br> nothing contained in the NSPE Code of Ethics, policy<br> statements, opinions, rulings or other guidelines prohibits the<br> submission of price quotations or competitive bids for<br> engineering services at any time or in any amount."<br><br> Statement by NSPE Executive Committee<br><br> In order to correct misunderstandings which have been<br> indicated in some instances since the issuance of the<br> Supreme Court decision and the entry of the Final Judgment,<br> it is noted that in its decision of April 25, 1978, the Supreme<br> Court of the United States declared: "The Sherman Act does<br> not require competitive bidding."<br><br> It is further noted that as made clear in the Supreme Court<br> decision:<br><br> 1. Engineers and firms may individually refuse to bid for<br> engineering services.<br><br> 2. Clients are not required to seek bids for engineering<br> services.<br><br> 3. Federal, state, and local laws governing procedures to<br> procure engineering services are not affected, and remain in<br> full force and effect.<br><br> 4. State societies and local chapters are free to actively and<br> aggressively seek legislation for professional selection and<br> negotiation procedures by public agencies.<br><br> 5. State registration board rules of professional conduct,<br> including rules prohibiting competitive bidding for engineering<br> services, are not affected and remain in full force and effect.<br> State registration boards with authority to adopt rules of<br> professional conduct may adopt rules governing procedures<br> to obtain engineering services.<br><br> 6. As noted by the Supreme Court, "nothing in the judgment<br> prevents NSPE and its members from attempting to influence<br> governmental action . . ."<br><br> NOTE: In regard to the question of application of the Code to<br> corporations vis-à-vis real persons, business form or type<br> should not negate nor influence conformance of individuals to<br> the Code. The Code deals with professional services, which<br> services must be performed by real persons. Real persons in<br> turn establish and implement policies within business<br> structures. The Code is clearly written to apply to the<br> Engineer and items incumbent on members of NSPE to<br> endeavor to live up to its provisions. This applies to all<br> pertinent sections of the Code.<br><br><br>