National University of Science

and Technology
FACULTY OF INDUSTRIAL TECHNOLOGY

DEPARTMENT OF CIVIL AND WATER ENGINEERING

PROFESSIONAL CIVIL ENGINEERING PRACTICE AND ETHICS

COURSE CONVENOR: ENG. S.T. NHANDARA

shiella.nhandara@nust.ac.zw
February – May 2019
Professional Civil Engineering Practice and
Ethics
 Professional
 Civil Engineering Practice
 Ethics
 Profession

 a paid occupation that involves prolonged training and a formal qualification

 a type of job that requires special education, training, or skill
 A profession is something a little more than a job, it is a career for someone
that wants to be part of society, who becomes competent in their 
chosen sector through training; maintains their skills through continuing
professional development (CPD); and commits to behaving ethically, to
protect the interests of the public.
Civil Engineering Practice

 Civil engineering – the application of planning, designing, constructing,

maintaining, and operating infrastructures while protecting the public and
environmental health
 Civil  engineering is the application of science and mathematics to building
projects for the use of society.
  Civil engineering is a  discipline that deals with the design, construction, and
maintenance of the built environment.
 Ethics
 Ethics is a system of moral principles. They affect how people make
decisions and lead their lives.
 Moral principles that govern a person's behavior or the conducting of an
activity, the branch of knowledge that deals with moral.
 Ethics or moral philosophy is a branch of philosophy that involves
systematizing, defending, and recommending concepts of right and wrong
conduct
 Ethics : an area of study that deals with ideas about what is good and bad
behavior : a branch of philosophy dealing with what is morally right or
wrong.
 Ethics is universal
Fundamental principles of ethics
Engineers uphold and advance the integrity, honor, and dignity of the
engineering profession by:
1. their knowledge and skill for the enhancement of human welfare and the
environment;
2. being honest and impartial and serving with fidelity the public, their employers
and clients;
3. striving to increase the competence and prestige of the engineering profession
4. supporting the professional and technical societies of their disciplines.
Course Objectives

 After studying this course the students should be able to:

 To appreciate what is required of a professional engineer
 To appreciate the code of ethics
 To identify professional bodies and their importance in their professional
practice
 To appreciate the importance of continuing professional development
(CPD)
 Assessment

Component Form of assessment Marks

Coursework : 25% Assignment 100
Exam : 75% Examination 100
Engineering council of Zimbabwe (ECZ)
 GOAL
To establish an Engineering Council of Zimbabwe and to provide for its
functions, power and to provide for the registration and regulation of the
practice of Engineers, Technicians and Engineering Firms in Zimbabwe.
Engineering Council of Zimbabwe
 VISION
To create a safe and sustainable environment through engineering excellence in
Zimbabwe
 MISSION
To regulate the engineering profession through registration, monitoring and
continuous professional development
ECZ Core values

i. Integrity
ii. Safety
iii. Transparency
iv. Ethics
v. Professionalism
ECZ Functions

i. To consider and administer applications for registrations;

ii. To maintain the Register of Engineers and Technicians;
iii. To issue practising certificates to registered persons and to cancel or suspend
such certificates;
iv. To ensure that constituent bodies have adequate procedures to enforce ethical
practice and discipline among Engineers and Technicians registered under the
Engineering Council Act;
v. To encourage cooperation between constituent bodies in matters of common
interest;
vi. To take such steps as appear to Council to be necessary or desirable to advance
the standing and effectiveness of the engineering profession in Zimbabwe
vii. To promote the view of the engineering profession on national, regional and
international issues
viii. To evaluate, monitor and uphold the standards of qualifying criteria or
examinations, courses and training set or offered by constituent bodies;
ix. To encourage manpower development to meet the requirements of the
engineering profession in Zimbabwe
x. To provide for the accreditation of college-based courses.
ECZ - Registration of professional engineers

Every application for registration as an engineer submitted through the

constituent body concerned to the Council shall—
a)    be made in Form EC 1;
b)   be accompanied by the appropriate fee;
c)    state the qualifications upon which the application is based, which shall be a
recognised engineering degree or equivalent and be accompanied by the copies
of such certificates or other documents as are necessary to support those
qualifications;
 d)    where necessary, be accompanied by the translation of certificates which
shall be done by the relevant competent authorities;
 e)    be accompanied by a statement from the constituent body concerned
stating that the applicant is a person of good standing;
 f)    be accompanied by evidence that the applicant is competent in the relevant
engineering discipline of practice.
ECZ - Enquiries

 The ECZ may hold any inquiry into the professional conduct of a registered
person or firm engaged in professional engineering works or services.
 A person or firm that violates the provisions of the Engineering Council Act,
[chapter 27:22] shall be issued with a notice by the ECZ through registered
mail to show cause within sixty days, from the date of issue of such notice,
why Council should not take legal action against that person or firm.
 A person or the owner of a firm being inquired into shall be allowed to
submit any document which will constitute evidence to be relied on for
defending himself or herself or itself as the case maybe.
ECZ - Enquiries

 Upon proof by the Council, that such a person or firms has committed an
offence against the By- Laws, the Council may delete the name of the person
or firm from the register.
 A PERSON WHO IS AGGRIEVED BY A DECISION OF THE COUNCIL TO
REFUSE TO REGISTER HIS OR HER NAME, OR TO REMOVE HIS OR HER
NAME FROM THE REGISTER, OR TO SUSPEND THE EFFECT OF
REGISTRATION OF HIS OR HER NAME, OR TO REFUSE TO RESTORE HIS
OR HER NAME TO THE REGISTER, MAY APPEAL TO THE HIGH COURT
AGAINST THE DECISION OF THE COUNCIL WHICH COURT SHALL GIVE
DIRECTION IN THE MATTER AS IT THINKS PROPER
ECZ – Suspension and removal by High
Court
(1) The Council may apply on notice of motion to the High Court for the
suspension of any member or for the removal of his name from the Register on
the ground—
(a) that he has been convicted of an offence and sentenced to imprisonment
without the option of a fine; or
(b) that his estate has been declared insolvent; or
(c) that he has been found guilty of unworthy or unprofessional or
dishonourable conduct; and the Court may thereupon make such order as it
thinks fit, including an order as to costs:
Provided that before making such application an inquiry into the allegation
against such member shall be held in such manner as may be prescribed.
(2) If a member is suspended he shall not be entitled to the privileges of
membership during such suspension and if his name is removed from the
Register he shall cease to be a member, but he shall be liable to pay all moneys
due by him up to the date of such suspension or removal of his name from the
Register.
ECZ – Records to be sent to the minister
(1) The Council shall, within fourteen days after the registration of any person
under this Act, transmit to the Minister a duplicate of such entry in the Register.
(2) Every change affecting the Register shall be noted therein and notified to the
Minister within a like period.
ROLE OF ECZ IN EDUCATION AND
TRAINING
 To evaluate, monitor and uphold the standards of qualifying criteria or examinations,
courses and training set or offered by constituent bodies;
 To encourage manpower development to meet the requirements of the engineering
profession in Zimbabwe
 To provide for the accreditation of college-based courses
ECZ – Continuous Professional Development

 Council has made it mandatory that practitioners need to keep abreast with the new
technological developments, discoveries and innovations if they are to remain
professionally relevant. To this end, the following conditions apply:
 Every registered member shall be required to accumulate 15 credits annually in order
to retain registration
ECZ – Continuous professional development

 CPD can be defined as “the systematic maintenance, improvement and broadening of

knowledge and skills, and the development of personal qualities necessary for the
execution of professional and technical duties throughout an engineer’s career”.
 Programs and courses for the purpose of CPD points are run and managed by the
Constituency Bodies, in this case Zimbabwe Institution of Engineers (ZIE).
 ECZ – Continuous professional development
 There shall be three categories of credits and each candidate shall be required to
obtain a minimum of 5 credits from each category
Category 1- Developmental Activities
Category 2 - Work based and Individual Activities
Category 3 - Involvement in statutory, professional, institutional, technical or
non-technical committees or task groups, under Constituent Bodies
Zimbabwe Institute of Engineers- ZIE

 The Zimbabwe Institution of Engineers (ZIE) is a multi-disciplinary

Institution covering all aspects of engineering in Zimbabwe.
 Its operation and membership are regulated by an Act of Parliament but the
institution is a private body made up of its members.
 It is a learned Society similar in many ways to the Professional Institutions in
other countries.
 ZIE - ACT
 This Act may be cited as the Zimbabwe Institution of Engineers (Private) Act
[Chapter 27:16].
 Previous Act” means the Rhodesian Institution of Engineers (Private) Act
[Chapter 216 of 1963];
ACT 27;16 aims to re-enact with amendments the provisions of the Rhodesian
Institution of Engineers (Private) Act [Chapter 216 of 1963]. [Date of
commencement: 20th October, 1967.]
WHEREAS the Rhodesian Institution of Engineers (Private) Act [Chapter 216 of
1963] provides for the establishment and incorporation of the Rhodesian
Institution of Engineers, defines its powers and its objects, makes provision with
respect to different classes of members and the designation and description of
members and with respect to improper use of such designations and descriptions,
provides for the appointment of an Inaugural Board and the registration of
members, provides for the appointment of a Council and the management of the
Institution and for other matters connected with the foregoing;
AND WHEREAS it is expedient to extend the objects of the Institution, to amend
the classes of membership and to provide an additional class of membership, to
amend the Council’s powers governing the admission of members, to provide for
the use of prefixes to the names of members, to amend the designations and
descriptions which members may use, to amend the registration of members
and their qualifications of membership and to make further and other
amendments incidental thereto or consequential thereon;
AND WHEREAS it is expedient to re-enact the Act with amendments giving effect
to the matters specified in the preceding paragraph of this preamble and, in so
doing, to leave out certain provisions of the Act which are spent
BE IT ENACTED:—
1
Short title
This Act may be cited as the Zimbabwe Institution of Engineers (Private) Act
[Chapter 27:16].
2 Interpretation
In this Act— “Council” means the Council of the Institution;
“Institution” means the Zimbabwe Institution of Engineers established by the
previous Act and by this Act;
“member” means a person registered in terms of this Act as a member of the
Institution of any grade;
“Minister” means the Minister of Public Construction and National Housing or
any other Minister to whom the President may, from time to time, assign the
administration of this Act;
“previous Act” means the Rhodesian Institution of Engineers (Private) Act
[Chapter 216 of 1963];
“Register” means the list of members registered as members of the Institution.
ZIE - Background
 The Institution was founded in 1944 as the Society of Engineers and received
legal status as an Institution in 1952.
 It is governed by a policy-making Board made up of members elected from all
grades of its own ranks.
 Decisions on the running of the institution are made at board meetings. For
effective operation of the institution, the Board runs the institution using
executive committees - Executive, Professional, Education and Qualifications,
Learned Society and Membership Services and Finance and Staff Committee
ZIE - Conference

 ZIE organises a national congress every second year and invite other
engineering institutions outside Zimbabwe to participate
 Awards ceremonies are held every year and an invitation is sent to an
outstanding professional (usually an engineer) from within or outside the
country to come and deliver a public lecture in memory of the first President
of ZIE.
ZIE - Purpose
 To set and maintain appropriate standards of Engineering and technician
competence.
 To promote the advancement of Engineering and facilitate the transfer and
dissemination of engineering knowledge.
 To raise the character and status of the profession and promote public
awareness and confidence in it.
 To ensure correct standards of professional conduct and ethics.
ZIE Rules of conduct
 Rule 1. A member of the Institution, in the course of his employment and in
pursuance of his profession, shall have due regard for the publication
interest.
 Rule2. A Member of the Institution shall act for his employer or for his client
as a faithful agent and trustee and shall discharge his duties with integrity.
 Rule3. A member of the Institution shall not act in any manner derogatory to
the honour, dignity, integrity or reputation of the profession.
 Rule4. A Member of the Institution shall not falsely, maliciously or recklessly
injure or attempt to injure whether directly or indirectly the professional
reputation of another engineer or technician.
ZIE - Objectives
(a) to promote the general advancement of engineering and its allied sciences
and their application and to facilitate the exchange and dissemination of
information and ideas in such matters amongst members and other persons or
associations;
(b) to raise the character and status of the profession of engineering and its
allied sciences, to promote honourable practice and repress malpractice and to
increase and promote the confidence of the community in those persons
practising and teaching the profession of engineering and its allied sciences;
(c) to promote the study and the advancement of the engineering sciences and
their application by the prosecution of scientific research and the establishment
of technical libraries and other facilities, to make grants of money, books,
apparatus or otherwise in connection therewith and to conduct, prescribe or
approve of training, courses and examinations in and the teaching of
engineering knowledge;
(d) to hold meetings of the Institution for reading papers and discussing matters
bearing upon engineering, or the application thereof, or upon subjects relating
thereto, to publish papers and to make awards to authors for papers of special
merit;
(e) to take such steps as may be deemed desirable to promote good public
relations and the recruitment of personnel to the profession of engineering and
its allied sciences.
ZIE – Grades of members
 The grades of members shall be as prescribed.
Improper use of designations
(a) not being a member of the Institution, describes or holds himself out as a
member or uses any name, title, prefix, description, letters, abbreviations or
initials indicating that he is a member; or
(b) being a member of the Institution, describes or holds himself out as a
member of a grade in which he is not registered or uses any name, title, prefix,
description, letters, abbreviations or initials indicating that he is a member of a
grade in which he is not registered; whether by advertisement, letters or writing
or by description in any form in or at his place of business, residence or
elsewhere shall be guilty of an offence and liable to a fine not exceeding level five
or to imprisonment for a period not exceeding six months or to both such fine
and such imprisonment. [Amended by Act 22 of 2001, gazetted on the 1st
February, 2002.]
ZIE - Regulations
The Council may, subject to the approval of the Minister, make regulations—
(a) providing for the management, including the appointment and remuneration
of officers, powers and duties of the Institution and defining the rights,
privileges and conduct of the members;
(b) prescribing the qualifications of any grade of members and the rights and
privileges within the Institution attaching to such grade;
(c) prescribing the titles, prefixes, descriptions, letters, abbreviations or initials
by which members of any grade may indicate their status as such;
(d) providing for the composition of the Council and the nomination and
election or appointment of members of the Council;
(e) prescribing the procedure, powers and duties of the Council and the conduct
of its affairs;
( f ) prescribing the procedure and forms in connection with—
(i) applications for membership;
(ii) the registration of members;
(iii) the transfer of members from one grade to another;
(g) prescribing the procedure for the removal or resignation of members;
(h) for the preservation of the copyright of papers, reports of proceedings
and discussions of the Institution;
(i) for the establishment of divisions of the Institution in different areas of
Zimbabwe;
( j) for the formation of sections and branches within the Institution and
providing for their registration, discipline, procedure, powers and duties;
(k) for the formation of committees and the delegation of the Council's powers
to such committees;
(l) making provision for voting by proxy, by post and otherwise;
(m) prescribing the procedure for inquiry into the conduct of members;
(n) as to what shall constitute unworthy, unprofessional or dishonourable
conduct
(o) as to the fees payable on registration and transfer of members and as to the
subscriptions to be paid by members;
(p) prescribing the time, mode and place of summoning and holding ordinary
and special general meetings, the quorum to be present thereat, the mode of
voting and the conduct of proceedings thereat;
(q) tending in general to maintain and improve the status and promote the
general advancement of professional engineering and its allied sciences, to
facilitate the exchange and dissemination of information and to enable
agreements to be entered into with other institutions for recognition of the
Institution on a reciprocal basis and the registration of members, and generally
for carrying out the objects of the Institution;
(r)providing for anything which under this Act is required or permitted to be
prescribed or which, in the opinion of the Council, is necessary or convenient to
be prescribed for carrying out or giving effect to the provisions of this Act:
Provided that no regulation shall fix or provide for the fixing of fees for
professional services.
Removal from Register on non-payment of
fees
If the subscription or fees of any member are in arrear for more than six months
after having been duly demanded, his name may by resolution of the Council be
removed from the Register and he shall cease to be a member but he shall be
liable to pay all moneys due by him to the date of such removal:
Provided that on payment of the said arrears the Council may restore such
member's name to the Register.
ZIE Rules of conduct
Acts and Rules
24 October 2010
Published By
The Zimbabwe Institution of Engineers
256 Samora Machel Avenue
P O Box 660
Harare
Telephone 746821
zie@zie.co.zw
www.zie.org.zw
ZIE Rules of conduct
In accordance with Section 67 of the Zimbabwe Institution of Engineers Rules, 2010,
the Board of the Institution has by resolution at its meeting held on the 28 October
2010 made the following Rules of Conduct. In terms of the Rules, it is incumbent on
every member of the Institution to observe these rules in so far as they apply to him.
 A code of professional conduct designed to cover all eventualities must necessarily
be written in general terms expressing broad ethical principles. Almost every case of
doubt as to the proper course of action required to conform to a code of professional
conduct arises from a conflict between a member's personal interest and his duty to
others.
Rules issued by the Board indicate the manner in which members are required to
conduct themselves in a number of situations that are frequently encountered. In
other situations, members are required to order their conduct in accordance with the
principle that, in any conflict between a member's personal interest and fair and
honest dealing with other members of the community, his duty to the community
must prevail.
In terms of the Rules the Board of the Institution will consider all cases of breach
of these Rules that are brought before it.
 
Rule 1.0. A member, in the course of his/her employment and in pursuance
of his/her profession, shall have due regard for the public interest.
 
Rule 1.1. A member, in the course of his/her employment and in pursuance
of his/her profession, shall have due regard to the Environmental Code
Professional Practice approved by the Board of the Institution.
 
Rule 2.0. A member shall act for his/her employer or for his/her client as a
faithful agent and trustee and shall discharge his/her duties with integrity.
 
Rule 2.1. A member whose professional advice is not accepted shall take all
reasonable steps to ensure that the person overruling or neglecting his/her
advice is aware of any danger which the member believes may result from such
overruling or neglect.
Rule 2.2. A member shall not misrepresent his/her qualifications to a
prospective employer or client and shall render only such professional service
for which he/she is qualified by training and experience.
 
Rule 2.3. A member, without disclosing the fact to his/her employer in
writing, shall not be a director of, nor have financial interest in, nor be agent for,
any company, firm, association, partnership, syndicate, any other association of
persons which is not a body corporate or person carrying on any business which
is or may be involved in the work to which his/her employment relates; nor
shall he/she receive remuneration for his/her services from more than one
source for the same service or work.
 
Rule 2.4. A member shall pay due regard to the intellectual property of any
other party.
 
Rule 3.0. A member shall act in a manner to uphold the honour, dignity,
integrity and reputation of the profession.
Rule 3.1. A member shall take all reasonable steps to maintain and develop
his/her professional competence by attention to new developments in science
and engineering relevant to his/her field of professional activity and shall assist
persons working under his/her supervision to do so.
Rule 3.2. A member shall not publicly express an opinion on an engineering
subject unless he/she is informed of the facts relating to that subject and has
disclosed to the person or persons to whom the opinion is directed any
association he/her may have with any party which may benefit from his/her
statement, and then only when founded on adequate knowledge and honest
conviction.
Rule 3.3. A member shall not, in self-laudatory language or in any manner
derogatory to the dignity of the profession, advertise or write articles for
publication, nor shall he/she authorize any such advertisement or article to be
written or published by another person.
Rule 4.0. A member shall not falsely, maliciously or recklessly injure or
attempt to injure whether directly or indirectly the professional reputation,
prospects or business of another member of the engineering profession.
ZIE – Discipline of members
PROFESSIONAL CONDUCT OF MEMBERS
67. (1) Every member shall so order his/her conduct as to uphold the status of
the Institution and the dignity of his/her profession or calling and shall act in a
strictly fiduciary manner towards his/her clients, employers and others with
whom his/her work is connected and towards other members and generally in a
manner consistent with the best interests of the Institution.
(2) Without prejudice to the generality of subsection (1) and the purpose of
ensuring compliance with its provision the Board may –
(a)make rules to be observed by members with regard to their conduct in any
respect that may be relevant to their position as members in the Institution; and
(b) give directions as to the conduct of members in specific situations; and may
at any given time amend or rescind any such rule or direction.
(3) The Board shall ensure that rules or directions in terms of subsection (2) are
published or notified to the members in such manner as the Board considers will best
ensure their dissemination to members affected by them.
(4) It shall be the duty of every member to acquaint himself/herself with and abide by
all rules made or given in terms of subsection (3), in so far as such rules or directions
apply to them.
Inquiries in terms of Section 24 of The Act
68. (1) If an allegation is made to the Board, or the Board otherwise has reason to
suspect, that –
a) a member has been convicted of an offence and sentenced to imprisonment without
the option of a fine; or
b) the estate of a member has been declared insolvent; or
c) a member has been guilty of unworthy or unprofessional or dishonorable conduct;
the Board shall forthwith either conduct such investigation into the matter as it thinks
appropriate or if it considers it expedient to do so, appoint a committee to investigate
the matter and report to the Board thereon.
(2) After conducting an investigation or receiving a report from a committee
appointed in terms of subsection (1), the Board may resolve that there is
substance in the allegation against the member concerned.
Provided that before so resolving the Board shall give the member an
opportunity to appear before the Board in person and with such legal
representation as he/she may desire in order to state his/her case and meet any
allegations against him/her.
(3) The costs of any legal representation incurred by a member in connection
with any inquiry or investigation in terms of this section shall be borne by such
member.
(4) If the Board resolves that there is substance in an allegation against a
member, it may apply to the High Court in terms of Section 24 of the Act for the
suspension of the member or for the removal of his name from the register.
Advice on Ethical conduct
UK Standard for Professional Engineering
Competence
(UK – SPEC)
Advice on ethical conduct – UK -SPEC
 Made by the Council on 21 July 2004, to come into effect on 1 November
2004
INTRODUCTION
The purpose of the ‘Advice on Ethical Conduct’ is to give members further advice
and information about particular areas of professional practice that the
Institution would like its members to follow in order to behave ethically.
In most instances, a member’s failure to adhere to the guidance is unlikely, of
itself, to constitute a breach of the Rules of Professional Conduct.
The advice covers those matters which members should consider and take into
account rather than simply those things which, if disregarded, would be likely to
attract censure.

The exception to this is the additional advice regarding the prevention of bribery
and corruption. Any form of involvement in bribery and corruption would be likely
to breach Rule 1 of the Rules of Professional Conduct, as well as the law in the UK
and many other countries
UK SPEC- Sustainability and the Environment

 Members should promote the use of recycled or reusable materials wherever

practicable and should make use of energy-efficient techniques in the
construction and life maintenance of projects.
 Members should, as far as practicable, use their influence to minimise the
production of waste and should maximise environment-friendly reuse,
recycling or disposal.
 Members should minimise the impact on the natural and non-built
environment, e.g. by recommending the use of ‘brown-field’ sites in
preference to ‘green-field’ sites where practicable, and conserve natural
environments wherever practicable.
 They should take account of the ‘global’ environmental impact of any project
they undertake, including foreseeable future effects, not simply the
immediate effect upon the site of the project and the adjacent area
UK – SPEC: Risk
 All projects or business ventures involve some sort of risk. All projects can go
wrong; this does not vary with their size. Whether a project can be said to
have been a ‘failure’ will depend not only on its performance in simple
structural terms.
 It will be judged according to its lifetime performance in relation to the
investment concerned and the negative impact concomitant with every
addition to the built environment.
 Any member with responsibility for a project, or any part of it, must, by
maintaining awareness in his discipline, be aware of the risks and their
causes and where the responsibility for them lies.
 Members should be sufficiently familiar with the underlying procedures,
processes and mechanisms to analyse their risks, recommend sensible
management measures and give informed, expert judgements on the causes
and probabilities of failure, based on the residual risks. This may involve
assistance from trained risk analysts, but the member’s responsibility for the
judgement is his alone.
 No member can be expected to eliminate all risk. But members of the ICE
have an ethical responsibility to take all appropriate measures to limit risk, in
particular by ensuring that there is adequate risk analysis/assessment, and
an effective management process both during the construction and post-
construction phases in any project, e.g. through the use of such tools as Risk
Analysis and Management for Projects (RAMP).
 RAMP, in particular, is designed to evaluate all major risks over the lifetime of
a project, including the risk that the net revenue stream may vary
significantly from that forecast.
UK- SPEC: Preventing disasters
 Members should make themselves aware of relevant good practice advice on the
prevention of disasters
If a situation is developing which is causing a member concern, the member should
not hesitate to consult the ZIE for guidance if this is needed.
 The responsibility to prevent disasters does not lie simply with those who first
become aware that a set of circumstances has arisen which might lead to a disaster.
 Members who are in senior management positions have a duty to establish
procedures so that potentially hazardous situations can be reported to those in a
position to take action and ultimately to prevent them becoming actual disasters.
 They should ensure that all relevant staff are fully versed in these procedures, and
they should provide that the lines of communication reach not only those who have
the responsibility to take corrective action, but also those who can understand the
implications of the situation.
UK-SPEC: Clarity of communication with
clients
 Unclear terms of engagement with clients, especially in domestic and small
works engagements, are a common cause of client dissatisfaction, sometimes
leading to complaints against members.
 should ensure that the written terms of engagement are set out clearly in
simple, layman’s language, with full details of the fees to be charged.
 Members should take all reasonable steps to satisfy themselves that the
client fully understands the service that is to be provided.
UK-SPEC: Conflict of interest
 The Code of Professional Conduct states that members must declare conflicts
of interest.
 Members should also be mindful of the need to avoid, wherever possible, any
conflict of interest and to consider carefully before entering into any
engagement where this may arise.
 Members should in all cases make full disclosure of any conflict of interest, or
possible conflict of interest, to all the relevant parties.
 But even though the parties involved may have said at the outset that they
are content with the arrangements, their views may change if unforeseen
difficulties arise.
 This is likely if some parties are affected more adversely, or benefit
disproportionately, relative to others, particularly if this arises from decisions
in which the member has had to apply his or her professional judgement.
 The disadvantaged parties may then challenge the member’s objectivity and
it may become difficult to resolve this in such a way that the member’s
integrity remains unquestioned.
 Such an outcome is clearly undesirable
 UK- SPEC: Preventing bribery and
corruption
 Members should familiarise themselves with, and comply with, the relevant
anti-corruption laws of the countries in which they work or of which they are
citizens or residents
 But irrespective of anti-corruption legislation, whether in the UK or in other
countries, and the ICE’s Rules of Professional Conduct, members should be aware
of the wholly malign effect of bribery and corruption, particularly upon the
poorest nations.
 In some parts of the developing world bribery and corruption in construction
and civil engineering is so widespread that it has significantly reduced the number of
infrastructure projects.
 This could not have occurred without the participation in bribery and corruption of
contractors and consultants based in the developed world.
 The effect has been to markedly reduce the amount of work that these contractors
 and consultants might otherwise have obtain
 Until recently, it has been a standard justification for such behaviour that
competitors indulge in these practices, and that failure to do so may
disadvantage companies who are not dishonest.
 This can never be accepted as an excuse for members of the ICE to
participate in bribery and corruption. Members who have senior
management positions have a particular obligation here.
 They should make positive efforts to ensure that, as far as reasonably
possible, bribery and corruption does not exist, and cannot occur, in the
organisations for which they work.
 They should set in place anti-corruption protocols and procedures so that
junior employees are not drawn into corrupt practices through intimidation
or persuasion by senior colleagues, and whereby they are able to report such
practices without fear of reprisals of any kind, in particular, damage to their
careers or prospects of advancement.
TI(UK), the UK sector of Transparency International, the world-wide coalition
against corruption, has published a number of Business Tools which are
designed
to assist in the prevention of corruption in the construction and engineering
industry.
The ICE recommends all members of the ICE, especially senior managers, to take
advantage of the work that TI(UK) has done here
American Society of Civil Engineers – Code
of ethics
Key terms in ethics
Bribe:
A gift or favor, given or promised, with the intent to influence the judgment or
conduct of another.
Confidential or Proprietary Information
 Information that is the property of the employer, which the employer has the
right to make available to or withhold from others within the firm or the
general public, as he or she alone deems appropriate (such as lists or other
information concerning an employer’s clients, suppliers, personnel, or
shareholders; competitive business strategies and plans; and special
methods of operation).
 Annual reports, quarterly reports, and annual or other periodic filings that
are considered public information once they are filed and press releases
issued by the employer are not confidential or proprietary information
Conflict of Interest
A conflict of interest is any activity, transaction, relationship, service, or
consideration that is, or appears to be, contrary to the individual’s professional
responsibilities or in which the interests of the individual have the potential to
be placed above his/her professional responsibilities.
Family Members
Family members include a spouse, children, parents, siblings, grandparents, in-
laws, or any other person sharing the same home or otherwise in a close familial
relationship with the ASCE member.
Outside Employment
Providing work or services for pay for an employer, including yourself, who is
not your normal full-time employer.
Harassment
Harassment is any unwelcome and offensive verbal or physical conduct of one
person toward another based on race, religion, gender, sexual orientation, or any
other characteristic protected by law that has the purpose or effect of creating a
hostile work environment; interferes with the individual’s work performance; or
otherwise affects or harms an individual’s employment opportunities.
Kickback
The illegal giving back of a portion of a payment received for work or services as
a means of obtaining or otherwise influencing the judgment or actions of
another, or with the expectation of receiving special treatment not afforded to
all.
Workplace quality

 ASCE desires a workplace where its members are respected and

professionally satisfied.
 Harassment, racism, or discriminatory behavior of any kind shall not be
tolerated. Providing a safe and healthful workplace environment that ensures
all employees have the opportunity to achieve excellence is the responsibility
of every ASCE member.
Use and Protection of Employer’s Assets
 All employers have many valued assets such as cash, physical property,
proprietary trade secrets, and confidential information.
 Protecting these assets against loss, theft, and misuse is every employee’s
responsibility. An employer’s property shall not be used for personal benefit,
nor shall it be loaned, sold, or given away without authorization from the
employer.
 Where certain facilities are made available to ASCE members for personal
use (such as computers), rules applicable to the specific use of those facilities
shall be agreed upon and strictly upheld.
 An employer’s assets shall be used for the employer’s business purposes
during employment with that employer. Removing employer’s assets from
the company’s facilities shall be prohibited unless specifically authorized by
the employer in advance.
 Improper use includes unauthorized personal appropriation (theft) or use of
assets or resources, including computer equipment, software, and data, for
any purpose other than the employer’s business.
 The Internet and electronic mail are valuable resources available to
employees in the performance of job-related duties. The Internet shall not be
used to view, copy, save, or distribute unauthorized material or material
unrelated to the employer’s business.
 Electronic mail should not be used in the conduct of outside employment or
for personal activities unless authorized by the employer.
Maintaining accurate and complete records
 The importance of maintaining accurate and complete records cannot be
over stated.
 Transactions between a company or its affiliates and its clients, vendors,
regulators, outside individuals, and organizations shall be entered in the
employer’s records promptly, accurately, and honestly.
 Financial records shall be maintained in accordance with generally accepted
accounting practices, principles, and established employer guidelines.
 Misrepresenting facts or falsifying records is illegal, shall not be tolerated,
and should result in appropriate disciplinary action.
Gifts, Meals, Services, and Entertainment
 It is improper for an ASCE member or family member to request, accept, or
offeranything that could reasonably be construed as an attempt to influence
the performance or judgment of another (public officials, government
employees, contractors, and others) or to favor a customer, supplier, or
competitor.
 Generally, this includes receipt of gifts, payments, travel, or other benefits
from any existing or potential customers, suppliers, competitors, or other
special interest groups.
 It is also improper for an ASCE member or family member to provide a gift
(other than gifts of nominal value) to public officials, government employees, or
the immediate family of such persons, unless the member has a familial or other close
personal relationship with the recipient and the gift will not create the perception of
inappropriate influence
 It is similarly inappropriate to make loans to a customer, supplier, or
competitor or to borrow from such sources, unless the source is a recognized
lending institution.
 Gifts of nominal value motivated by commonly accepted business courtesies
may be accepted or given, but not if accepting or giving such gifts may cause
the perception of prejudice toward or obligation to the donor.
 Before accepting any gift or gratuity, the ASCE member or family member
shall ask himself or herself whether he or she has the opportunity to
influence decisions regarding the employer’s business dealings with the
donor, or if acceptance might be perceived by others as creating an
obligation to the donor.
 If so, the gift or gratuity shall not be accepted. When in doubt the member
shall share the facts of the situation with the employer and a course of action
regarding acceptance shall be determined.
 Meals provided by an existing or potential client, supplier, or competitor may
be acceptable if they are for a bona fide business purpose, reasonable in
amount, and not repetitive.
Confidential or Proprietary Information
 In the course of normal professional activities, ASCE members may have
access to information that is proprietary, confidential, privileged, or of
competitive valueto the employer.
 In addition, clients and even competitors may sometimes divulge information
to ASCE members that is proprietary to their business.
 ASCE members must respect these confidences by protecting the
confidentiality and security of documents and related information.
 The use or disclosure of confidential information shall be at the employer’s
sole discretion and for the employer’s purposes only and shall not be used for
personal benefit of the member or the benefit of others (including the benefit
of a newemployer).
 To preserve confidentiality, the disclosure and discussion of confidential or
competitive information should be limited to those who specifically need to
know the information.
Outside Employment/Activities

 Outside employment or business activities not related to those of the employer must
not diminish the employee’s ability to properly fulfill his or her professional
responsibilities to the employer.
 Such outside employment or business activity shall not create, or appear to create, a
conflict of interest.
 Company time or facilities, including telephone or electronic media, shall not be used
in the conduct of outside employment or personal business activities without the
employer’s prior knowledge and approval.
 Employment with an outside organization that has no actual or potential business
relationship with the employer is acceptable as long as it does not impair the employee’s
ability to fulfill all job-related functions and does not compromise the quality,
productivity, or safety of the employer’s operation.
 ASCE members shall notify their employer in writing of current or contemplated
outside employment.
 The employer shall evaluate the specific circumstances and provide direction with
respect to the issue of conflict of interest.
Purchases of Goods and Services
 It is the responsibility of ASCE members to maintain the good name of the
employer and to develop and maintain good business relations between the
employer and its vendors by maintaining an awareness that personal
relationships may form much of the basis for the supplier’s opinion of the
employer.
 All sales and purchases by the employer should be based on price, service,
quality, and the consistency and dependability of the business relationships
underlying each transaction.
 Most of an employer’s transactions relating to purchasing are likely
confidential especially with regard to the employer’s vendors. It is
inappropriate, as well as damaging to the employer, to allow proprietary
information about one vendor’s quotation or pricing structure to pass to
another vendor.
 Unauthorized discussions between the employer’s personnel and vendor
representatives regarding product or vendor preferences shall be avoided.
Bribes and Kickbacks

 ASCE prohibits its members from offering or accepting bribes, kickbacks, and
all other forms of payoffs and benefits to or from suppliers, regulators,
government officials, trade allies, or customers.
 Engineers are also prohibited from giving or receiving anything of value,
directly or indirectly, to or from an outside source in connection with a
transaction entered into by the employer.
 To offer or accept bribes or kickbacks is morally wrong and illegal.
Relationships with Clients, Outside
Contractors, and Consultants
 Clients, outside contractors, and consultants shall be treated honestly,
without discrimination or deception, in a manner conforming to local, state,
and national laws and consistent with good business practices.
 ASCE members shall not make misleading or false remarks about others,
including the employer’s competitors.
 Environmental Protection
 The employer and ASCE members shall comply with both the letter and the
spirit of applicable environmental laws and foster an open and constructive
relationship with regulatory agencies, environmental groups, other ASCE
members, and the public with respect to environmental issues.
 ASCE members who are aware of situations in which the employer may not
be complying with environmental laws or is improperly handling, discarding,
or otherwise discharging any toxic or hazardous substance, shall
immediately notify the employer of the infraction or offending conduct.
 Whistle Blowing
 “Whistle blowing” describes the action taken by an employee who notifies outside
authorities that the employer is breaking a law, rule, or regulation or is otherwise
posing a direct threat to the safety, health, or welfare of the public.
 Employees who “blow the whistle” on their employers are afforded certain
protections under U.S. law. If an employee is fired or otherwise retaliated against for
whistle blowing, an attorney should be consulted to identify legal protections
available to the employee.
 If it becomes necessary to blow the whistle, the employee must advise the
appropriate regulatory agency or a law enforcement agency of the illegal act.
 Simply complaining to someone inside the company is not whistle blowing and leaves
the employee without protection of whistle blower laws.
 ASCE members are encouraged to notify and assist employers to comply with
all applicable laws, rules, and regulations. ASCE members should look upon
the act of whistle blowing as the last available measure to be used for
ensuring a safe, healthful, and legally compliant workplace.
 If after an ASCE member makes a good faith effort to notify an employer of
illegal operations or actions and the offending condition continues, the
member shall, as a protection to the public, notify the appropriate regulatory
or other law enforcement agency.
Canons of Professional Civil Engineering
Ethics
Canons of ethics
1. Engineers shall hold paramount the safety, health, and welfare of the public and shall
strive to comply with the principles of sustainable development3 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 and shall act with zero tolerance for bribery, fraud,
and corruption.
7. Engineers shall continue their professional development throughout their careers, and
shall provide opportunities for the professional development of those engineers under
their supervision.
Canon 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.
a. shall recognize that the lives, safety, health and welfare of the general public
are dependent upon engineering judgments, decisions, and practices
incorporated into structures, machines, products, processes and devices.
b. Engineers shall approve or seal only those design documents, reviewed or
prepared by them, which are determined to be safe for public health and welfare
in conformity with accepted engineering standards.
c. Engineers whose professional judgment is overruled under circumstances
where the safety, health and welfare of the public are endangered, or the
principles of sustainable development ignored, shall inform their clients or
employers of the possible consequences.
d. Engineers who have knowledge or reason to believe that another person or
firm may be in violation of any of the provisions of Canon 1 shall present such
information to the proper authority in writing and shall cooperate with the
proper authority in furnishing such further information or assistance as may be
required.
e. Engineers should seek opportunities to be of constructive service in civic
affairs and work for the advancement of the safety, health and well-being of their
communities, and the protection of the environment through the practice of
sustainable development.
f. Engineers should be committed to improving the environment by adherence to
the principles of sustainable development so as to enhance the quality of life of
the general public.
CANON 2: Engineers shall perform services only in areas of their
competence.
a. Engineers shall undertake to perform engineering assignments only when
qualified by education or experience in the technical field of engineering
involved.
b. Engineers may accept an assignment requiring education or experience
outside of their own fields of competence, provided their services are restricted
to those phases of the project in which they are qualified. All other phases of
such project shall be performed by qualified associates, consultants, or
employees.
c. Engineers shall not affix their signatures or seals to any engineering plan or
document dealing with subject matter in which they lack competence by virtue
of education or experience or to any such plan or document not reviewed or
prepared under their supervisory control.
CANON 3: Engineers shall issue public statements only in an objective and
truthful manner.
a. Engineers should endeavor to extend the public knowledge of engineering and
sustainable development, and shall not participate in the dissemination of
untrue, unfair or exaggerated statements regarding engineering.
b. Engineers shall be objective and truthful in professional reports, statements,
or testimony. They shall include all relevant and pertinent information in such
reports, statements, or testimony.
c. Engineers, when serving as expert witnesses, shall express an engineering
opinion only when it is founded upon adequate knowledge of the facts, upon a
background of technical competence, and upon honest conviction.
d. Engineers shall issue no statements, criticisms, or arguments on engineering
maters which are inspired or paid for by interested parties, unless they indicate
onwhose behalf the statements are made.
e. Engineers shall be dignified and modest in explaining their work and merit,
and will avoid any act tending to promote their own interests at the expense of
the integrity, honor, and dignity of the profession.
CANON 4: Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest.
a. Engineers shall avoid all known or potential conflicts of interest with their
employers or clients and shall promptly inform their employers or clients of any
business association, interests, or circumstances which could influence their
judgement or the quality of their services.
b. Engineers shall not accept compensation from more than one party for
services on the same project, or for services pertaining to the same project,
unless the circumstances are fully disclosed to and agreed to, by all interested
parties.
c. Engineers shall not solicit or accept gratuities, directly or indirectly, from
contractors, their agents, or other parties dealing with their clients or employers
in connection with work for which they are responsible.
d. Engineers in public service as members, advisors, or employees of a
governmental body or department shall not participate in considerations or
actions with respect to services solicited or provided by them or their
organization in private or public engineering practice.
e. Engineers shall advise their employers or clients when, as a result of their
studies, they believe a project will not be successful.
f. Engineers shall not use confidential information coming to them in the course
of their assignments as a means of making personal profit if such action is
adverse to the interests of their clients, employers or the public.
g. Engineers shall not accept professional employment outside of their regular
work or interest without the knowledge of their employers.
CANON 5: Engineers shall build their professional reputation on the merit
of their services and shall not compete unfairly with others.
a. Engineers shall not give, solicit or receive either directly or indirectly, any
political contribution, gratuity, or unlawful consideration in order to secure
work, exclusive of securing salaried positions through employment agencies.
b. Engineers should negotiate contracts for professional services fairly and on
the basis of demonstrated competence and qualifications for the type of
professional service required.
c. Engineers may request, propose or accept professional commissions on a
contingent basis only under circumstances in which their professional
judgments would not be compromised.
d. Engineers shall not falsify or permit misrepresentation of their academic or
professional qualifications or experience.
e. Engineers shall give proper credit for engineering work to those to whom
credit is due, and shall recognize the proprietary interests of others. Whenever
possible, they shall name the person or persons who may be responsible for
designs, inventions, writings or other accomplishments.
f. Engineers may advertise professional services in a way that does not contain
misleading language or is in any other manner derogatory to the dignity of the
profession.
Examples of permissible advertising are as follows:
 Professional cards in recognized, dignified publications, and listings in
rosters or directories published by responsible organizations, provided
that the cards or listings are consistent in size and content and are in a
section of the publication regularly devoted to such professional cards
 Brochures which factually describe experience, facilities, personnel and
capacity to render service, providing they are not misleading with respect
to the engineer’s participation in projects described.
 Display advertising in recognized dignified business and professional
publications, providing it is factual and is not misleading with respect to the
engineer’s extent of participation in projects described.
 A statement of the engineers’ names or the name of the firm and statement of
the type of service posted on projects for which they render services.
 Preparation or authorization of descriptive articles for the lay or technical
press, which are factual and dignified. Such articles shall not imply anything
more than direct participation in the project described.
 Permission by engineers for their names to be used in commercial
advertisements, such as may be published by contractors, material suppliers,
etc., only by means of a modest, dignified notation acknowledging the
engineers’ participation in the project described. Such permission shall
not include public endorsement of proprietary products.
g. Engineers shall not maliciously or falsely, directly or indirectly, injure the
professional reputation, prospects, practice or employment of another engineer
or indiscriminately criticize another’s work.
h. Engineers shall not use equipment, supplies, and laboratory or office facilities
of their employers to carry on outside private practice without the consent of
their employers.
CANON 6: Engineers shall act in such a manner as to uphold and enhance
the honor, integrity, and dignity of the engineering profession and shall act
with zero tolerance for bribery, fraud, and corruption.
a. Engineers shall not knowingly engage in business or professional practices of
a fraudulent, dishonest or unethical nature.
b. Engineers shall be scrupulously honest in their control and spending of
monies, and promote effective use of resources through open, honest and
impartial service with fidelity to the public, employers, associates and clients.
c. Engineers shall act with zero tolerance for bribery, fraud, and corruption in all
engineering or construction activities in which they are engaged.
d. Engineers should be especially vigilant to maintain appropriate ethical
behavior where payments of gratuities or bribes are institutionalized practices.
e. Engineers should strive for transparency in the procurement and execution of
projects. Transparency includes disclosure of names, addresses, purposes, and
fees or commissions paid for all agents facilitating projects.
f. Engineers should encourage the use of certifications specifying zero tolerance
for bribery, fraud, and corruption in all contracts.
CANON 7: Engineers shall continue their professional development
throughout their careers, and shall provide opportunities for the
professional development of those engineers under their supervision.
a. Engineers should keep current in their specialty fields by engaging in
professional practice, participating in continuing education courses, reading in
the technical literature, and attending professional meetings and seminars.
b. Engineers should encourage their engineering employees to become
registered at the earliest possible date.
c. Engineers should encourage engineering employees to attend and present
papers at professional and technical society meetings.
d. Engineers shall uphold the principle of mutually satisfying relationships
between employers and employees with respect to terms of employment
including professional grade descriptions, salary ranges, and fringe benefits.
The Engineer’s Oath
1. I 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 my
professional duties.
2. I shall perform services only in areas of my competence.
3. I shall issue public statements only in an objective and truthful manner.
4. I shall act in professional matters for each employer or client as faithful agent or
trustee, and shall avoid conflicts of interest.
5. I shall build my professional reputation on the merit of my services and shall not
compete unfairly with others
6. I shall act in such a manner as to uphold and enhance the honor, integrity, and
dignity of the engineering profession and shall act with zero-tolerance for bribery,
fraud, and corruption.
7. I shall continue my professional development throughout my career, and shall
provide opportunities for the professional development of those engineering
professionals under my supervision.
Ethical Decision-Making Guidelines
 The guidelines presented here are provided to help ASCE members and
others to better understand what ASCE believes is reasonable to expect from
members in their professional dealings.
 The preceding guidelines are intended to emphasize the commitment that
ASCE and its members have regarding personal integrity and ethical
professional conduct.
 These guide lines for professional conduct are intended to encourage ASCE
members to use unselfish good judgment and honesty in the performance of
their daily professional duties.
 All ASCE members are encouraged to incorporate the following questions in
their decision-making process (PLUS)
Ethical Decision-Making Guidelines - PLUS
P = Policies Does the action serve the best interests of the public and
the client? Is the action consistent with ASCE’s Code of
Ethics and your employer’s policies, procedures,
and guidelines?
L = Legal Is the action compliant with the spirit and the letter of
applicable laws and regulations?
U = Universal Does it conform to the universal principles and values that
the profession and your employer have adopted?
S = Self Does it satisfy your own personal definition of right, good,
and just?