WHAT ARE ETHICS? Some definitions: Principles of conduct governing - - PDF document

1/7/2020 1 Are Ethics The Same For Wisconsin Professional Engineers and Professional Surveyors?

Wiscon Wisconsi sin So Socie ciety o y of La Land nd Surv Surveyor eyors Januar uary 29, 29, 2020 2020

WHAT ARE ETHICS?

Some definitions:

• Principles of conduct governing an

individual or a group

• Motivation based on ideas of right and

wrong

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WHAT ARE ETHICS?

Studies of what we ought to do and how we ought to behave based on a moral viewpoint versus What we ought to do and how we ought to behave based on a economical, religious, political, or prudential viewpoint

The codification of ethics has many forms:

• Ten Commandments
• Doctrine of Socrates
• Code of Hammurabi
• American Constitution
• Golden Rule
• ASCE Code of Ethics
• WSLS Code of Professional and Ethical Conduct

HISTORY OF CODES OF ETHICS

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Code of Hammurabi “If a builder has built a house for a man and has not made his work sound, and the house which he has built has fallen down and so caused the death of the householder, that the builder shall be put to death”

HISTORY OF CODES OF ETHICS

• It forms the foundation of your belief

system

• It governs how you treat others
• It is the basis of your decision‐making

process and how you react in various situations

• Because of its societal value, ethics is well

regarded by others

WHY ARE ETHICS IMPORTANT?

• As professionals our work is restricted by

society such that only those having the training and licensure may perform it

• In return, professionals are required to

perform their work to high ethical standards

WHY ARE ETHICS IMPORTANT?

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• Competitive and global market
• Proliferation of litigation
• Decreased organizational loyalty
• Decreased mentoring
• Technological advancements

CHALLENGES TO ETHICS ANSWERS TO ETHICS QUESTIONS?

The right course of action is usually clear when it is between “good” and “evil”

• Sometimes there are several right answers to

ethics issues...

• Sometimes there are no right answers...
• But, like engineering or surveying problems,

there is a personal best answer.

ANSWERS TO ETHICS QUESTIONS?

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ANSWERS TO ETHICS QUESTIONS?

It is not unusual for engineers or surveyors to find themselves forced to choose between competing interests, rather than between “good” and “evil”. The Code of Ethics will not make a decision for you! Behavior that is ethically required is not always easy to determine Compromise may be a tool for negotiation, but ethics should not be compromised

CODE OF ETHICS WHEN THINGS GET GRAY

The following tests and questions may help: Harm Test: Does this option do less harm than the alternatives? Publicity Test: Would I want my choice of this

• ption published in the newspaper or on “60

Minutes”? Would I want my Grandma to know?

CODE OF ETHICS WHEN THINGS GET GRAY

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Defensibility Test: Could I defend this choice of option before a committee of peers, or a Congressional committee, without appearing self‐serving? Reversibility Test: Would I still think this choice of

• ption was good if it were applied to me instead of
• thers, especially if some of the effects are adverse?

CODE OF ETHICS WHEN THINGS GET GRAY

Colleague Test: What might my profession’s governing board or ethics committee say about this option? Organization Test: What does my

• rganization’s ethics officer or legal counsel

say about this?

CODE OF ETHICS WHEN THINGS GET GRAY

Virtue Test: Would a virtuous person do this? What kind of person does this? What kind of person would I become if I did this kind of thing all the time?

CODE OF ETHICS WHEN THINGS GET GRAY

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• WISCONSIN STATE LEGISLATURE
• “Examining Board of Architects, Landscape

Architects, Professional Engineers, Designers and Land Surveyors”  Chapters A‐E 1 to A‐E13  Chapter 443

https://docs.legis.wisconsin.gov/ accessed on September 24, 2019

SURVEYOR OR ENGINEER?

Chapter 443.06

• “Practice of Professional Engineering”
• “Any professional service requiring application of

engineering principles and data, in which the public welfare or the safeguarding of life, health

• r property is concerned and involved, such as

consultation, investigation, evaluation, planning, design, or responsible supervision of construction, alteration, or operation , in connection with any public or private utilities, structures, projects, bridges, plants and buildings, machines, equipment, processes and works.”

SURVEYOR OR ENGINEER?

Chapter 443.06s

• “Practice of Professional Land Surveying”
• “Any service comprising the establishment or

reestablishment of the boundaries of one or more tracts

• f land”
• “Designing or coordinating designs for the purpose of

platting or subdividing land into smaller tracts”

• “Placing, replacing, restoring, or perpetuating

monuments in or on the ground to evidence the location

• f a point that is necessary to establish boundaries of
• ne or more tracts of land”
• “Preparing maps and plats for any of the above”
• “Perform construction surveying or geodetic surveying in

connection with any practices above”

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SURVEYOR OR ENGINEER?

Chapter A‐E13 “Continuing Education for Professional Engineers”

• 13.03a – 30 PDHs every two

years

• 13.03b – 2 PDHs of

professional conduct and ethics

• 13.03c – 13 PDHs real time

(interactive) classroom setting

• 13.04(1) – Training related to

registrant’s practice of professional engineering

• 13.06 – Proof of Attendance
• 13.07 – Recordkeeping

Chapter A‐E10 “Continuing Education for Professional Surveyors”

• 10.03 (1) (a) – 20 PDHs every

two years

• 10.03 (b) 2 PDHs in:

– 1. Wisconsin statues and rules – 2. Professional conduct and ethics – 3. Professional surveying or related sciences

• 10.05 – Proof of Attendance
• 10.06 – Recordkeeping

SURVEYOR and ENGINEER

Chapter A‐E8 “Professional Conduct”

• 8.04 ‐ Offers to perform services shall be truthful
• 8.05 – Conflicts of interest
• 8.06 – Professional obligations
• Use reasonable care and competence in providing professional services
• 8.07 ‐ Unauthorized practice
• 8.08 – Maintain of professional standards
• Report violations of provisions in Chapter 443
• 8.09 – Adherence to standards and rules
• Comply with Chapter 443 and all other local, state and federal codes
• 8.10 – Plan stamping
• Must be completed by registrant or under personal direction or control
• f registrant

WHERE CAN WE GET GUIDANCE?

Rules of Professional Conduct (Employee Handbook) Codes of Ethics (ASCE, WSLS, etc.)

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SURVEYOR and ENGINEER

ASCE

• Cannon 1 – Hold Safety

Paramount

• Cannon 2 – Service with

Confidence

• Cannon 3 – Issue True Statements
• Cannon 4 – Act as a Faithful

Agent

• Cannon 5 – Reputation by Merit
• Cannon 6 – Uphold Professional

Honor

• Cannon 7 – Continue Professional

Development

• Cannon 8 – Treat all Persons

Fairly

WSLS

• Part I – Purpose/Intent
• Part II – Responsibility to the

Public, Clients and Society

– A. Safety, health and welfare of public

• Part III – Responsibility to

Profession

– 1. Public Statements – 2. Conflicts of Interest – 3. Personal Conduct

https://www.asce.org/code‐of‐ethics/ accessed 11/10/19 https://www.wsls.org/society/code‐of‐professional‐and‐ethical‐conduct accessed 11/10/19

TIME FOR A CASE STUDY! TIME FOR A CASE STUDY!

A local county ordinance requires that the position of county surveyor be filled by a P.E. The first appointee to the position was not a P.E. and was therefore deemed unqualified to continue in the position. The county commissioners met and decided to appoint Engineer A, a P.E. with experience and educational background solely in the field of chemical engineering. Engineer A accepted the position. The duties and responsibilities of the position of county surveyor include

• versight of surveying reports and highway improvement projects but do not

include actual preparation of engineering or surveying documents. Was it ethical for Engineer A to accept the position of county surveyor? Identify which Code(s) of Professional and Ethic Conduct would be violated?

National Society of Professional Engineers, Case Number 85‐3, 2005, accessed on 11/15/19 from https://www.nspe.org/resources/ethics/ethics‐resources/board‐ ethical‐review‐cases/pe‐requirement‐county‐surveyor‐position

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