Professional Documents
Culture Documents
ES 4498G
Engineering Ethics,
Sustainable Development and
the Law
January 11, 2010
Ethics
Ethics is classified as one of the four
traditional branches of Philosophy:
Logic
Epistemology
Metaphysics
Ethics
Ethics
Ethics is the study of:
Good and Evil
Right and Wrong
Obligations and Rights
Pre-Conventional
Conventional
Post-Conventional
Lawrence Kohlberg vs. Carol Gilligan
Heinzs Dilemma
Ethical Theories
Aristotles Virtue Ethics
Ethical Theories
Lockes Rights Ethics
John Locke (1632-1704)
All individuals are free and equal and
each has a right to life, health, liberty,
possessions and the products of his or
her labour.
Everyone has a duty not to infringe on the
rights of others.
Sometimes rights conflict.
Ethical Theories
Kants Formalism (Duty-based Ethics)
Immanuel Kant (1724-1804)
Each person has a duty to follow those
courses of action that would be
acceptable as universal principles for
everyone to follow.
Intention to do ones duty (good will) more
important than the result of actions.
Difficult to put in practice, since inflexible.
Ethical Theories
Mills Utilitarianism
John Stuart Mill (1806-1873)
An action is ethically correct if it produces
the greatest benefit for the greatest
number of people.
The duration, intensity and equality of
distribution of the benefits should be
considered (e.g. seatbelt, smoking laws).
Most commonly used theory in
engineering and general society.
society;
employers;
clients;
colleagues, including employees and subordinates;
the engineering profession; and
himself/herself.
Provincial Government
(Ontario)
Licensing and
Regulating Body for
Engineering (PEO)
Individual Engineers
(P.Eng.)
Professional Misconduct
[Section 72 of Ontario Regulation 941/90, established under
Section 7(1)21 of the Act]
72. (1) In this section,
harassment means engaging in a course of vexatious
comment or conduct that is known or ought reasonably to
be known as unwelcome and that might reasonably be
regarded as interfering in a professional engineering
relationship;
negligence means an act or an omission in the carrying out of
the work of a practitioner that constitutes a failure to
maintain the standards that a reasonable and prudent
practitioner would maintain in the circumstances.
Professional Misconduct
(2) For the purposes of the Act and this Regulation,
professional misconduct means,
(a) negligence;
(b) failure to make reasonable provision for the
safeguarding of life, health or property of a person
who may be affected by the work for which the
practitioner is responsible,
(c) failure to act to correct or report a situation that
the practitioner believes may endanger the safety
or the welfare of the public,
Professional Misconduct
(d) failure to make responsible provision for complying
with applicable statutes, regulations, standards, codes,
by-laws and rules in connection with work being
undertaken by or under the responsibility of the
practitioner,
(e) signing or sealing a final drawing, specification,
plan, report or other document not actually prepared or
checked by the practitioner,
(f) failure of a practitioner to present clearly to the
practitioner's employer the consequences to be
expected from a deviation proposed in work, if the
professional engineering judgment of the practitioner is
overruled by non-technical authority in cases where
the practitioner is responsible for the technical
adequacy of professional engineering work,
Disciplinary Powers
Authority to prosecute people who
practise unlawfully and to discipline
licensed practitioners who are found
guilty of professional misconduct,
negligence or incompetence is
granted to the Association under
section 28 of the Professional
Engineers Act.
Unlawful Practice
It is an offense under the Act for an
unlicensed person to:
Practise professional engineering
Use the title Professional Engineer
Use a term or title to give the belief that the
person is licensed
Use a seal that leads to the belief that the
person is licensed
Disciplinary Process
Any member of the public can make a
complaint against a licensed engineer,
although typically building officials,
inspectors or other professionals.
Procedure must be fair, and seen to be
fair.
Three-stage process, with different
individuals involved with each stage to
ensure impartiality.
Discipline Process
Stage 1: Gathering Information
(PEO staff)
Submission of complaint
Preliminary investigation
Complaint is signed and sent to
complainant for response
Discipline Process
Stage 2: Evaluation of the Complaint
(Complaints Committee)
May refer to Discipline Committee
May refer to the Discipline Committee
via Stipulated Order
May dismiss complaint
Send letter of advice to Engineer
Direct staff to obtain more information
Discipline Process
Stage 3: Formal Hearing (Discipline
Committee)
If referred, written notice, date is set, and
disclosure meeting
Hearing follows court procedure, with court
reporter and option of legal counsel,
Committee includes 5 members, give a written
decision
Appeals through civil courts
Disciplinary Powers
Revoke license
Suspend license up to two years
Impose limitations on the license
Require examinations to be written
(including PPE)
Reprimand, admonishment or counselling
Impose a fine (up to $5000)
Publish details or summary of case
findings, with or without names
Pay costs of hearing and investigation
Discipline Cases
The results of discipline hearings
may (depending on the details of
the case) be published in the
blue pages of Engineering
Dimensions
Available electronically through
the PEO website
Discipline Cases
John C. Follows, P.Eng. and
Andrews & Campbell Associates
Discipline Cases
A member
Nican Project Management Ltd.
Richard L. Berghammer
Others (refer to PEO website)
Position Paper
Monday, February 8, 4:00pm
Submit both to locker outside
room 2097 and electronically to
turnitin.com (through WebCT)
Next Class
Topics
Library Presentation
Ethical and professional issues for engineers in
industry
Case studies
Readings
Andrews, Chapter 6 and 12
Course notes, pages 43-115