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ETHICAL ISSUES IN CIVIL ENGINEERING
Apr 1, 2006

What Do You Think? A Series of Case Studies

Publication: Leadership and Management in Engineering
Volume 6, Issue 2
The following appears in the Encyclopedia Americana (1954, Vol. 10, p. 346b):
The practice of engineering entails the scientific planning, design, creation, and economical operation of physical structures. A useful art, it involves the application of science—potentially of every science—to the practical needs of civilized living. Science is the crystal, and common sense the matrix, in the cross section of any useful art. In the field of inanimate objects, particularly, science is the source of fact, and engineering is the art that makes the pure science useful to man.
It is my belief that this commentary, while fifty-one years old, still holds truths for today. For me that truth is that as an engineering professional, my role in society is to utilize the sciences to provide for the health, welfare, and general well being of civilization. My belief in this truth leads me to a conclusion that I cannot fulfill the responsibility of my profession to provide for the health, welfare, and general well being of those around me without a continual accounting and evaluation of the consequences of my work. Additionally, that accounting and evaluation must be done both privately as a self-evaluation and publicly with others both within and outside of my profession. This process of considering and evaluating the consequences of my work and my behavior in order to assess my impact on those affected (or potentially affected) is what I am referring to when I speak of ethical behavior. In my view ethical behavior is a way of conducting my life, not merely a measure of my adherence to a specified set of arbitrary rules.
This is not to say that rules aren’t important! They are! All review and assessment must take place within a framework that is acceptable to and understood by all parties. This framework provides the rules (the language) for all to use in the discussion of ideas. It provides a set of tools to utilize in the evaluation of our actions and our impact, for better or worse, on those affected.
ASCE has, since September 2, 1914, provided a behavioral framework for its members called the “Code of Ethics.” The current code was amended in 1996. The code, since its first adoption, has provided a thorough and thought-provoking framework for all members of ASCE to conduct their lives within. I say “to conduct their lives” because an engineering professional is an engineering professional twenty-four hours each day, seven days each week, the whole year around. A misguided action or comment from an engineering professional is, I believe, just as detrimental to civilization whether rendered “at work” or on vacation. When I accepted the laurels associated with college graduation and a professional career, I also accepted the obligation to conduct my life within a framework of norms and behaviors that wouldn’t diminish the trust that society places in me.
It must be noted however, that ASCE’s Code of Ethics, the Ten Commandments, or any other framework for the conduct of human life has little value unless it is a part of the fabric of one’s life. Further, its value is greatly diminished if it is utilized simply as a dogmatic set of rules that is never discussed and debated. One must continuously test one’s understanding of what the words mean in the context of the present day and one’s life experiences, as well as the thoughts and experiences of others. In that regard I believe that ethics is far more like art than science. Ethics, like engineering, must operate within a basic set of laws that reflect our understanding today. In engineering I call them the physical laws. In ethics I call them the Ten Commandments, the Code of Ethics, the basic set of “rights” and “wrongs” in human behavior.
It is my hope that this monthly column, which will be devoted to the discussion of ethical issues in and around the engineering community, will stimulate serious thought, discussion, and growth among my colleagues in the area of ethical behavior. I do not intend to limit areas of discussion to simply breaches of laws and outcomes of court cases. As I said, I believe engineering professionals have a responsibility for ethical behavior each moment of each day.
Additionally, it is my expectation that those reading this column will provide much of the “case study” material for future columns, as well as questions, comments, and opinions. Coming to one’s own understanding of ethical behavior requires much discussion and contemplation, and I am hopeful that this column will provide both a starting place for many discussions as well as another occasional point of view.
With that introduction I provide the following case study for your consideration and thoughtful response.The NSPE Board of Ethical Review (BER) provided the case study below. The facts contained do not necessarily represent all the pertinent facts submitted to or reviewed by the BER.

The Situation

Hayes A. Dualpro is both an attorney and an engineer. Dualpro is retained by client Ben Hurt on a contingency basis to perform legal services in connection with an accident that Hurt alleges was caused by a manufactured product. Dualpro interviews a number of experts familiar with the product and the reasons for similar accidents, and hires Arthur Eddie, P.E., an expert on the product in question. No written agreement is executed between Dualpro and Eddie for the services in question. Eddie reviews the facts and circumstances surrounding the accident, conducts and completes a study, and issues a report to Dualpro. Dualpro reviews Eddie’s report and informs Hurt that it appears that no basis exists for a lawsuit. Eddie bills Dualpro for his professional services. Dualpro refuses to pay, indicating that since Dualpro was not paid for his services, Dualpro has no obligation to pay Eddie.

What Do You Think?

In light of the facts given and the Code of Ethics as you understand them; was it ethical for Dualpro to refuse to pay Eddie for his service?

Let Us Know

Have you had an experience recently with a colleague, a client, a supervisor, where you thought what was being asked, expected, or demanded was “not right”? If so, please submit the facts and a summary of your concerns to ASCE. In each issue, a case study will be published so that we might all answer the question “Was it ethical for…?”
Please submit your responses or questions to Dr. Charles Glagola, University of Florida, Dept. of Civil Engineering, 365 Weil Hall, P.O. Box 116580m Gainesville, FL 32611-6580; by e-mail, [email protected].

Biographies

—ASCE Business Practice Committee and Michael F. Garrett, P.E., M.ASCE. Michael Garrett has over thirty year's experience in the design and construction management practice in upstate New York since 1985, 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 6Issue 2April 2006
Pages: 87 - 88

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Published online: Apr 1, 2006
Published in print: Apr 2006

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