WHAT ARE ETHICS? Some definitions: Principles of conduct governing - PDF document

1/7/2020 Are Ethics The Same For Wisconsin Professional Engineers and Professional Surveyors? Wiscon Wisconsi sin So Socie ciety o y of La Land nd Surv Surveyor eyors Januar uary 29, 29, 2020 2020 1 2 WHAT ARE ETHICS? Some definitions: • Principles of conduct governing an individual or a group • Motivation based on ideas of right and wrong 3 1

1/7/2020 WHAT ARE ETHICS? Studies of what we ought to do and how we ought to behave based on a moral viewpoint versus What we ought to do and how we ought to behave based on a economical , religious , political , or prudential viewpoint 4 5 HISTORY OF CODES OF ETHICS The codification of ethics has many forms: • Ten Commandments • Doctrine of Socrates • Code of Hammurabi • American Constitution • Golden Rule • ASCE Code of Ethics • WSLS Code of Professional and Ethical Conduct 6 2

1/7/2020 HISTORY OF CODES OF ETHICS Code of Hammurabi “If a builder has built a house for a man and has not made his work sound, and the house which he has built has fallen down and so caused the death of the householder, that the builder shall be put to death ” 7 WHY ARE ETHICS IMPORTANT? • It forms the foundation of your belief system • It governs how you treat others • It is the basis of your decision‐making process and how you react in various situations • Because of its societal value, ethics is well regarded by others 8 WHY ARE ETHICS IMPORTANT? • As professionals our work is restricted by society such that only those having the training and licensure may perform it • In return, professionals are required to perform their work to high ethical standards 9 3

1/7/2020 CHALLENGES TO ETHICS • Competitive and global market • Proliferation of litigation • Decreased organizational loyalty • Decreased mentoring • Technological advancements 10 ANSWERS TO ETHICS QUESTIONS? The right course of action is usually clear when it is between “good” and “evil” 11 ANSWERS TO ETHICS QUESTIONS? • Sometimes there are several right answers to ethics issues... • Sometimes there are no right answers... • But, like engineering or surveying problems, there is a personal best answer. 12 4

1/7/2020 ANSWERS TO ETHICS QUESTIONS? It is not unusual for engineers or surveyors to find themselves forced to choose between competing interests, rather than between “good” and “evil”. 13 CODE OF ETHICS WHEN THINGS GET GRAY The Code of Ethics will not make a decision for you! Behavior that is ethically required is not always easy to determine Compromise may be a tool for negotiation, but ethics should not be compromised 14 CODE OF ETHICS WHEN THINGS GET GRAY The following tests and questions may help: Harm Test: Does this option do less harm than the alternatives? Publicity Test: Would I want my choice of this option published in the newspaper or on “60 Minutes”? Would I want my Grandma to know? 15 5

1/7/2020 CODE OF ETHICS WHEN THINGS GET GRAY Defensibility Test: Could I defend this choice of option before a committee of peers, or a Congressional committee, without appearing self‐serving? Reversibility Test: Would I still think this choice of option was good if it were applied to me instead of others, especially if some of the effects are adverse? 16 CODE OF ETHICS WHEN THINGS GET GRAY Colleague Test: What might my profession’s governing board or ethics committee say about this option? Organization Test: What does my organization’s ethics officer or legal counsel say about this? 17 CODE OF ETHICS WHEN THINGS GET GRAY Virtue Test: Would a virtuous person do this? What kind of person does this? What kind of person would I become if I did this kind of thing all the time? 18 6

1/7/2020 SURVEYOR OR ENGINEER? • WISCONSIN STATE LEGISLATURE o “Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors”  Chapters A‐E 1 to A‐E13  Chapter 443 https://docs.legis.wisconsin.gov/ accessed on September 24, 2019 19 SURVEYOR OR ENGINEER? Chapter 443.06 • “Practice of Professional Engineering”  “ Any professional service requiring application of engineering principles and data, in which the public welfare or the safeguarding of life, health or property is concerned and involved, such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction, alteration, or operation , in connection with any public or private utilities, structures, projects, bridges, plants and buildings, machines, equipment, processes and works.” 20 SURVEYOR OR ENGINEER? Chapter 443.06s • “Practice of Professional Land Surveying”  “Any service comprising the establishment or reestablishment of the boundaries of one or more tracts of land”  “Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts”  “Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to establish boundaries of one or more tracts of land”  “Preparing maps and plats for any of the above”  “Perform construction surveying or geodetic surveying in connection with any practices above” 21 7

1/7/2020 SURVEYOR OR ENGINEER? Chapter A‐E13 “Continuing Education Chapter A‐E10 “Continuing Education for Professional Engineers” for Professional Surveyors” • • 13.03a – 30 PDHs every two 10.03 (1) (a) – 20 PDHs every years two years • • 13.03b – 2 PDHs of 10.03 (b) 2 PDHs in: professional conduct and – 1. Wisconsin statues and rules ethics – 2. Professional conduct and • ethics 13.03c – 13 PDHs real time – 3. Professional surveying or (interactive) classroom setting related sciences • 13.04(1) – Training related to • 10.05 – Proof of Attendance registrant’s practice of • 10.06 – Recordkeeping professional engineering • 13.06 – Proof of Attendance • 13.07 – Recordkeeping 22 SURVEYOR and ENGINEER Chapter A‐E8 “Professional Conduct”  8.04 ‐ Offers to perform services shall be truthful  8.05 – Conflicts of interest  8.06 – Professional obligations • Use reasonable care and competence in providing professional services  8.07 ‐ Unauthorized practice  8.08 – Maintain of professional standards • Report violations of provisions in Chapter 443  8.09 – Adherence to standards and rules • Comply with Chapter 443 and all other local, state and federal codes  8.10 – Plan stamping • Must be completed by registrant or under personal direction or control of registrant 23 WHERE CAN WE GET GUIDANCE?  Rules of Professional Conduct (Employee Handbook)  Codes of Ethics (ASCE, WSLS, etc.) 24 8

1/7/2020 SURVEYOR and ENGINEER ASCE WSLS • • Cannon 1 – Hold Safety Part I – Purpose/Intent Paramount • • Part II – Responsibility to the Cannon 2 – Service with Confidence Public, Clients and Society • Cannon 3 – Issue True Statements – A. Safety, health and welfare of • Cannon 4 – Act as a Faithful Agent public • Cannon 5 – Reputation by Merit • • Part III – Responsibility to Cannon 6 – Uphold Professional Honor Profession • Cannon 7 – Continue Professional Development – 1. Public Statements • Cannon 8 – Treat all Persons – 2. Conflicts of Interest Fairly – 3. Personal Conduct https://www.asce.org/code‐of‐ethics/ accessed 11/10/19 https://www.wsls.org/society/code‐of‐professional‐and‐ethical‐conduct accessed 11/10/19 25 TIME FOR A CASE STUDY! 26 TIME FOR A CASE STUDY! A local county ordinance requires that the position of county surveyor be filled by a P.E. The first appointee to the position was not a P.E. and was therefore deemed unqualified to continue in the position. The county commissioners met and decided to appoint Engineer A, a P.E. with experience and educational background solely in the field of chemical engineering. Engineer A accepted the position. The duties and responsibilities of the position of county surveyor include oversight of surveying reports and highway improvement projects but do not include actual preparation of engineering or surveying documents. Was it ethical for Engineer A to accept the position of county surveyor? Identify which Code(s) of Professional and Ethic Conduct would be violated? National Society of Professional Engineers, Case Number 85‐3, 2005, accessed on 11/15/19 from https://www.nspe.org/resources/ethics/ethics‐resources/board‐ ethical‐review‐cases/pe‐requirement‐county‐surveyor‐position 27 9