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ETHICAL ISSUES IN CIVIL ENGINEERING
Apr 1, 2009

What Is My Responsibility?

Publication: Leadership and Management in Engineering
Volume 9, Issue 2
Consider the following story about a young man named Joe, which I have excerpted from the “Guidance for Engineering Students in Texas on the Licensed Practice of Engineering from the Texas Board of Professional Engineers,” published in August, 2000, for the Texas Board by the Murdough Center for Engineering Professionalism, Texas Tech University, Lubbock, Texas.
After graduating with a bachelor’s degree in civil engineering, Joe went to work for an engineering firm in his home city. Joe worked for two years “crunching numbers” for the firm, and then decided to seek licensure as a registered professional engineer. He learned from studying his state’s practice act that to become licensed he must have experience showing progressively increased levels of responsibility. His current employer’s assignments were not providing opportunities for increased responsibility so Joe sought and accepted a position with another firm in hope of eventually becoming licensed.
Joe was excited with the prospects of his new job. Shortly after his arrival his new firm was retained to investigate the structural integrity of an apartment complex that its client was planning to sell. Joe’s new supervisor informed him that the firm’s contract with this client required that the structural report remain confidential. While Joe was completing his field work the client informed him that he hoped to sell the occupied property “as is.”
During Joe’s investigation he found no structural problems with the apartment complex. He did, however, observe electrical conditions which he believed violated city codes. In his report Joe made reference to these electrical conditions because they were, in his view, a potential safety issue and he felt obligated to inform his client of their existence and his concerns. Several weeks later Joe learned that his client did not inform either the residents of the apartment complex or the prospective buyer about the electrical condition or his concerns.
Upon completion of this first assignment with his new firm, Joe felt confident and pleased with his work. However, the situation about the electrical conditions that he had observed continued to concern him. He wondered whether he had an ethical obligation to do more than just put his concerns in his report. Should he also have informed the proper authorities, especially in light of the fact that the client was not disclosing the potential safety concerns to either the occupants or the buyer?
Joe wanted to ask his immediate supervisor about his concerns but felt awkward considering his short period of employment and the firm’s long-standing relationship with the client. Eventually he decided that it really did not matter. Joe assumed that he should be satisfied since both his employer and his client were satisfied.
Six months later the apartment complex caught on fire. The fire caused heavy damage to the apartment building but there was no loss of life. Subsequent investigation determined that the fire was most likely caused by the electrical conditions which Joe had described in his report.
Because this story is not fiction, its potential lessons to all of us are doubly important. Many of us have been in this type of circumstance before and recognize how commonly it occurs. For those who have not, I can assure you that the time is probably coming when you will!
As a member of the American Society of Civil Engineers (ASCE) I have agreed to conduct my life and complete my work within the guidelines of the Society’s Code of Ethics, which reads as follows:
1.
Engineers shall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their professional duties.
2.
Engineers shall perform services only in areas of their competence.
3.
Engineers shall issue public statements only in an objective and truthful manner.
4.
Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
5.
Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others.
6.
Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the engineering profession.
7.
Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those engineers under their supervision.
With this story in mind, and in light of the ASCE Code of Ethics above, please put yourself in Joe’s position and answer the following questions:
When, in the due course of completing the work that your firm was hired to perform, you discovered an unrelated condition that appeared to you to be unsafe or in probable violation of the governing building code, did you have a responsibility to bring it to the client’s attention?
If after you informed the client of such a condition and the client advised you that he felt no need to pursue the matter further, did you have a responsibility to discuss the condition, your conversation with the client, and your concerns for the safety of the property and the residents with your supervisor?
If after you informed the client and your supervisor of such a condition and you were instructed by both to ignore it, but your concerns were not diminished, did you have a responsibility to advise the local code official of your concerns even though it may have placed your employment in jeopardy?
If after you informed the client and your supervisor of such a condition and you were instructed by both to ignore it, but your concerns were not diminished, did you have a responsibility to advise the building’s residents of your concern for their safety?
If after you informed the client and your supervisor of such a condition and you were instructed by both to ignore it, but your concerns were not diminished, did you have a responsibility to make your concerns known to the potential buyer of the property?
Now that the building has been destroyed, along with most of the possessions of the residents, and it is determined that your concerns were valid, do you have a responsibility to make your earlier findings and concerns known to the residents and the new owner even though it may jeopardize your firm’s standing in the community and leave it exposed to significant legal actions by the damaged parties?
What do your answers to the questions above say about the role and authority that you are giving the ASCE Code of Ethics in your work and life?
Obviously, I do not know what your answers to these questions are and, frankly, it isn’t any of my business! But I’m pretty sure of what my answers would have been when I was 30years old and I believe I know what my answers will be the next time such an unfortunate circumstance comes my way.
Thirty years ago I would probably have followed the path taken by Joe. I was young in my career, eager to please both my employer and his clients, and quite unaware of what I have come to see today as my immutable responsibility to the public. If I had been asked to explain my actions I probably would have couched them all with the thought that “I need this job and do not want to jeopardize my career!”
What an additional 30years have taught me is that if the emotion of fear is in control of my actions, then following the guidelines of the ASCE Code of Ethics becomes impossible. Please do not misunderstand what I am saying, for I did not say that I do not feel fear when required to pursue matters such as this. If there is no other fear there is, at least for me, the ever-present fear, “What if I am wrong?” However, while I must experience and even listen to this fear to test its validity, in the end I must do what I believe is right. On many occasions I must feel the fear and do what’s right, anyway!
I believe that following the Code of Ethics requires that I be willing to subjugate my immediate welfare to that of the public and this can never be done if fear is in control. I must hold as a core belief that the universe is a friendly place and that, in the end, good will prevail. Without this core belief, my conduct will always give my immediate comfort and welfare a higher priority than that of the public, clients, and employers. This is the antithesis of the Code.
My wish for those reading this essay is not that all, or any, believe like me. My hope for all who read it is that they will seriously consider not only their answers to the questions above but their motivations for the answers. Further, it is my hope that this essay might provide material for engineers of all ages to discuss, so that each might benefit from the insights of their colleagues.
Finally, it is my hope that when the circumstance arises, it will be a surprise to no one and that each will pursue a course of action that, indeed, holds paramount the safety, health and welfare of the public.
Michael Garrett has more than 30 years experience in the design and construction fields. He is a project structural engineer for URS Corporation in Buffalo, New York, and is presently licensed to practice in several states. He can be reached via e-mail at [email protected].

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Go to Leadership and Management in Engineering
Leadership and Management in Engineering
Volume 9Issue 2April 2009
Pages: 96 - 97

History

Received: Dec 2, 2008
Accepted: Jan 21, 2009
Published online: Apr 1, 2009
Published in print: Apr 2009

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