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Professional Ethics and Code of Conduct
Ethics is relative and may vary between individuals as based on their moral principles. In fact, there are different ethical theories that aim to justify one’s action. Examples of such are utilitarian ethics, deontological ethics, justice ethics, care ethics and many other ethical theories that reflect the moral principles of most people and are accepted by society. These theories serve as theoretical frameworks in order to guide individuals on what is ethical and what is not. Just like individuals, organizations also have their own ethical principles or moral codes and individuals who are members of such organization are expected to collectively follow the moral codes set by the organization. Although an individual has his own ethical principles, when it comes to his membership in an organization, he is compelled to follow the ethical standards set by the organization. It is customary, for instance, that when an individual or group joins another club or group, they are made aware of the ethical codes as well as the sanctions when such codes were not followed. It is also customary that a document wherein the organization’s ethical codes are written is being signed by the member in order to bind the member, as in a contract, to the ethical codes set by the organization. As observed by scholars, ethical codes can be viewed as a “contract between professionals” wherein a group of people of the same profession agrees and bind themselves to “cooperate in serving the same ideal better than they could if they did not cooperate” (Luegenbiehl & Davis, n.d., p.10). There are certain circumstances wherein the interest of the engineering profession conflicts with public safety and welfare. Aside from what is stipulated by law, the code of ethics serves as a guideline so that the conflict between the practice of the profession; public welfare; and personal conscience is avoided.
It is generally accepted that engineers or organizations that practice the engineering profession should adhere to certain codes. There are, for instance, universally accepted ethical codes or fundamental canons that apply to the practice of the engineering profession. As outlined by the National Society of Professional Engineers, these fundamental canons are: 1) “hold paramount the safety, health, and welfare of the public;” 2) “perform services only in the areas of their competence;” 3) “issue public statements only in an objective and truthful manner;” 4) “act for its employer or client as faithful agents or trustees;” 5) “avoid deceptive acts;” and 6) “conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation and usefulness of the profession”. The case of an IEI wherein a member was a member was accused of making an impartial assessment can be analyzed using these fundamental canons. Accordingly, the member was accused of impartial assessment primarily because it failed to report relevant matters as well as failed to obtain proper information on a property being disputed by an IEI client. Before anything else can be done, the incident must first be subjected to further investigation by the IEI. The IEI should verify the facts of the case in an impartial perspective and determine whether the clients are telling the truth. The case should undergo due process and deliberation using objective evidence before an action plan or decision can be made.
In the case wherein the member is found guilty of the charge, the member will be liable to the provisions under fundamental canons of the engineering code of ethics. Failure to report and failure to obtain pertinent information in an engineering assessment, for instance, is a sign of negligence and incompetence, which directly violates canons 2, which requires the member to perform his duties with competence. Indirectly, if there is a safety concern regarding the failure to provide impartial information, then the member would be held liable for canon 1, which states that the safety, health and welfare of the public should be paramount. In such case, the IEI will be compelled to provide sanctions towards its member and perhaps provide compensation to the aggrieved clients if there are damages incurred. The most that IEI could do is to expel the member from the group. If there is a malicious intent in the part of the member, then the member might be held liable not only for all the provisions of the fundamental canons, but the member can also be held liable for a criminal offense. In such case, either the client or the IEI could sue the member in a court of law. The client, for instance, could demand compensation from the member in court while the IEI could also demand to be compensated for the damage done by its member to the reputation of the organization.
The member or the client, on the other hand, can always dispute their case in a proper forum if they are not agreeable on the outcome or the verdict of the case. For the same reason, the IEI should follow due process in order to give both their member and their clients a chance to defend themselves and present their reasons. Ethical violations are initially administrative in nature. If there are no criminal complaints, such violation is only resolved internally; in this case, between the IEI, its member and the complainant. But in the case where there is fraud and damage to person or property is concerned, then the parties have the option to bring the case in the court of laws. In such case, resolving the dispute would be under the jurisdiction of the legal or the justice system. Complaints against engineers in the performance of their profession, however, are difficult to resolve in favor of the complainant, primarily because of the technicalities involved. There are certain decisions in the practice of their profession that are often left to the prerogative of the engineer. In the case of the IEI member, for instance, perhaps there are valid reasons why the report did not contain the details expected by the client. In the actual practice of the engineering profession, there are instances wherein the practicing engineer is compelled to ignore the request of the client if it contradicts with acceptable engineering practices or his personal ethics. In such case, the engineer may refuse to do the task assigned to him by the client; only that, he must be ready with the possible repercussions. In such circumstances wherein the member refuses to follow the client for ethical reasons, it would be up to the IEI to determine whether the decision of the engineer coincides with the ethical codes followed by the organization. If it is determined that the action of the member contradicts with the ethical code of the organization, then they can subject the member to disciplinary actions. If not, then they can uphold the decision of the member and intervene in the dispute for the sake of the member involved. This scenario, however, only applies to cases wherein there are no legal issues involved. But in the event wherein there are legal violations, either party can be held liable under the court of law.
In conclusion, it can be deduced that a code of ethics is necessary in an organization because it provides a distinct guideline of what behaviors are acceptable and what are not. A code of ethics provides uniformity of action that can be expected by clients from a professional organization. In the case of IEI, without a code of ethics, their members could just do anything without being liable to acceptable engineering behavior and practices. In such case, the organization would lose its clients because there are no clear expectations. Aside from having a clear code of ethics, an organization such as the IEI should also adhere to due process. All parties should be given a chance to defend and justify their actions before any decisions or judgment can be made. Moreover, the organization should stick and uphold its code of ethics at all times. In an event wherein a member or client violates any provisions of the code, the organization must acknowledge the offense and give the necessary sanctions to avoid such violations from happening in the future.
References
Luegenbiehl, H., & Davis, M. (n.d.). Engineering Codes of Ethics: Analysis and Applications. Retrieved May 2016, from http://ethics.iit.edu/publication/CODE--Exxon%20Module.pdf
National Society of Professional Engineers. (2007). Code of Ethics for Engineers . Retrieved May 2016, from https://www.nspe.org/sites/default/files/resources/pdfs/Ethics/CodeofEthics/Code-2007-July.pdf
