CH2- Profession and Ethics

2.1 Profession: Definition and Characteristics

2.2 Professional Institutions
2.3 Relation of an Engineer with Client, Contractor and Fellow
Engineers
2.4 Ethics, Code of Ethics and Engineering Ethics
2.5 Moral Dilemma and Ethical Decision Making
2.6 Detailed Duties of an Engineer and Architect
2.7Liability and Negligence

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society
Ethics
Professionalism
YOURSELF WHEN MAKING AN ETHICAL DECISION

10. Could the decision become habit forming?

If so, don't do it.
9. Is it legal?
If it isn't, don't do it.
8. Is it safe?
If it isn't, don't do it.
7. Is it the right thing to do?
If it isn't, don't do it.
6. Will this stand the test of public scrutiny?
If it won't, don't do it.
5. If something terrible were to happen, could I defend my actions?
If you can't, don't do it.

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YOURSELF WHEN MAKING AN ETHICAL DECISION

4. Is it just, balanced, and fair?

If it isn't, don't do it.
3. How will it make me feel about myself?
If it's lousy, don't do it.
2. Does this choice lead to the greatest good for the greatest number?
If it doesn't, don't do it.
And the #1 question you should ask yourself when making an ethical decision:
1. Would I do this in front of my mother?
If you wouldn't, don't do it.

(Taylor, 1990)

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 epp ETHICS AND PROFESSIONALISM
• Seven sins by Mahatma Gandhi

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 epp ETHICS AND PROFESSIONALISM
1. Right View. The right way to think about life
is to see the world through the eyes of the
Buddha--with wisdom and compassion.
2. Right Thought. We are what we think. Clear
and kind thoughts build good, strong characters.
3. Right Speech. By speaking kind and helpful
words, we are respected and trusted by
everyone.
4. Right Conduct. No matter what we say, others
know us from the way we behave. Before we criticize
others, we should first see what we do ourselves.
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 epp ETHICS AND PROFESSIONALISM
5. Right Livelihood. This means choosing a job that
does not hurt others. The Buddha said, "Do not earn
your living by harming others. Do not seek happiness
by making others unhappy."
6. Right Effort. A worthwhile life means doing our
best at all times and having good will toward others.
This also means not wasting effort on things that
harm ourselves and others.
7. Right Mindfulness. This means being aware of our
thoughts, words, and deeds.
8. Right Concentration. Focus on one thought or
object at a time. By doing this, we can be quiet and
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attain true peace of mind.
epp ETHICS AND PROFESSIONALISM

Four Truth of Buddha

•What's wrong with me?
•Why am I sick?
•What will cure me?
•What do I have to do get well?

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 History of code
• The history can be traced out from the code of conduct of Hammurabi , the
king of Babylon 1792-1750 BC
• "An eye for an eye, and a tooth for a tooth."
• The builder shall be put to death , if the house he builds collapse and causes
death of the house owner
• The builders son shall be put to death, if the houses the builder built causes
the death of the son of the house owner
• The builder shall compensate the house owner with the slave of equal value , if
the house the builder has built causes the death of a slave of the house owner
• The builder shall restore at his own expense, if the house the builder has built
destroys the property of the house owner
• In Nepal, NEA has approved and adopted the code first time March 1969.

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 epp PROFESSIONALISM
• Objective:
• any professional conduct needs codes of ethics and guidelines to maintain high level of
standard of good behavior or conduct in the public.
• Engineers create facilities and services by any or all of the acts and do so by applying
engineering principles and the experiences gained.
• Fundamental of ethics:
• The national society of professional Engineers NSPE US approved by the board of directors on 5th Oct
1977 has set the following principles for engineers to support and advance the integrity, honor and
dignity of engineering profession by

• Using their knowledge and skill for the advancement of human welfare

• Being honest and impartial and serving with loyalty the public, their employers and clients.

• Striving to increase the competencies and prestige of engineering profession

• Supporting the professional and technical societies of their disciplines.

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 epp PROFESSIONALISM
• Five fundamental ethical values for codes

Protection of life and safeguarding people

Sustainable management and care for the

environment

Community well being

Professionalism, integrity and competence

Sustaining engineering knowledge

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 epp PROFESSIONALISM
• Some other basic norm for professional engineers as below
Welfare of public
Serve in area of competences
Issue public statement in an objective and truthful manner
Shall act as faithful or trustee
Should build their reputation, unfairness to others
Enhance honor, integrity and dignity of the profession
Professional career development
Advertise on factual representation
Do not offer or accept the hidden payment
Do not disclose confidential matter(information)
Do not engage in conflicting services
Sign those documents which are prepared under his direct involvement
Report if any unethical matter in your knowledge etc.

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 epp PROFESSIONALISM

Professional ethics concerns the moral issues that arise because of the specialist knowledge that
professionals attain, and how the use of this knowledge should be governed when providing
a service to the public.

Nepal Engineering Council

Professional Code of Conduct
The professional code of conduct to be followed by the registered engineers of the council,
subject to the provision of Nepal Engineering Council Act, 2055 (1998) and Nepal
Engineering Council Regulation, 2057 (2000), has been published as the following:

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17
 epp PROFESSIONALISM

Preamble: Whereas, it is expedient to make the provision of Nepal Engineering Council in order
to make the engineering profession effective in the State of Nepal and mobilize it in a
systematic and scientific manner as well as to provide for, among other matters, the
registration of the names of engineers as per their qualifications;

Now, therefore, be it enacted by Parliament in the twenty-seventh year of the reign of late
King Birendra.

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 epp PROFESSIONALISM
1. Discipline and honesty:
2. Politeness and secrecy:
3. Non-discrimination:
4. Shall have to do only the concerned professional work:
5. Not to do such works, which may cause harm to engineering profession:
6. Personal responsibility:
7. State name, designation, registration no:
8. No publicity or advertisement shall be made which cause unnecessary effect:
Oath
I ……………………………… having been registered with the Nepal
Engineering Council agree to be governed by the memorandum, rules
regulations and byelaws of the council, as they now stand or as they
may hereafter be altered or added to according to law and I undertake
to observe the ethics of the profession and to promote objects and
interest of the council in so far as it lies in power.

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 Other code of ethics
• Other professional association has also provide the code of ethics
• NEA (Nepal Engineering Association), SOMEN , etc.
• SCAFF (Society of consulting Architecture and engineer's)
• FCAN (Federation of Contractors Association of Nepal)
• APEGGA (the association of Professional Engineers Geologists, and geophysicists
of Alberta)
• ACM (Association for Computing Machinery )
• What are content of theses code ?

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 Responsibilities of engineers
• Will be honest and fair, will serve the client and e the public with devotion
• Will dedicate himself to the advancement of the competence of the engineering
profession
• Will use the knowledge and skill in the favor of humanity
• RESPONSIBILTY TOWARDS THE NATION
• MORAL RESPONSIBILITY
• INVOLVEMENT IN COMMUNITY DEVELOPMENT
• REFRAIN FROM WORKS WHICH ARE AGAINST NATIONAL
INTEREST

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 Responsibilities of engineers
• RESPONSIBILTY TOWARDS THE CLIENT
• TO GAIN AND MAINTAIN CLIENT CONFIDENCE
• TO BE LOYAL TO THE CLIENTS
• TO PROTECT INTEREST OF CLIENT
• TO SAFEGUARD CLIENT COFIDENTIAL INFORMATION
• TO DISCLOSE THE CONFLICT OF INTEREST

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 Responsibilities of engineers
• RESPONSIBILTY TOWARDS THE PROFESSION
• THE NECESSITY OF FORMER QUALIFICATION
• REFRAIN FROM CLAIMING SKILL NOT IN HIS/HER PROFESSION
• THE NEED TO EXERCISE GREATER SKILL IN SPECIALISED JOBS
• THE NEED FOR HIGH QUALITY OF SKILL
• ELIGIBILTY FOR agreed remuneration only
• Refrain from holding position where there is conflict of interest
• The need for professional development

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 Relationship of engineering profession to basic science and technology;
relationship to other professions

• Engineering itself is an application of knowledge and skills acquired through a

specialized training, education and experiences and practicing the same as an
occupation in the areas of public safety, health and property protection. In
short it is a systematic application of knowledge and skill.

• The basic science teaches us the law of nature, properties of matters and
sources of power that are available around us. Technology teaches us the best
application of those laws of nature and utilization of the properties of matters
and sources of power by which, engineer can make new facilities and create
new services.

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 Engineering Professional Practice Sectors in Nepal

1. Public sectors (organisation that are run with the budget sanctioned by
government).
2. Private sector (organisation that are run with the budget sanctioned by
private).
3. NGO./CBO sector (organisation that are run with the budget sanctioned by
Mon government .
Public sectors
 Government organisation (ministries) Department, Regional , district
office,
 Board, project,
 Constitutional body
 commission, parliament, court, CIAA, Office of attorney general, Centre
for national vigilance,
 Corporation ,Municipalities, DDC, VDC
 Universities, institute etc
 Ministries enlisted

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 Engineering Professional Practice
Sectors in Nepal
• Private sector (organisation that are run with
the budget sanctioned by private).

• NGO./CBO sector (organisation that are run

with the budget sanctioned by non
government .

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 General Job description of engineers

 An engineer has following An engineer assign one of

responsibilities 1. Consultant
1. Vision 2. Contractors
3. An engineer serve as
2. Mission
4. Designer
3. Program
5. Programmer
4. Implement
6. execution
5. Supervision 7. Surveyor
6. Monitoring 8. Supervisor/ monitoring
7. Training 9. Administrative
8. Enhance profession 10. Researcher/ analyzer
9. An engineer involve one of 11. Academician
10. Private sector (teacher/professor/trainer)
11. Public sector 12. Preliminary survey, prefeasibility,
feasibility, detail design , estimate
12. Free consultant

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 Typical TOR of a private sector Engineers

1. To coordinate works between stake holders

2. To layout, survey, estimate,
3. Supervisory work, schedule , monitor, time,
quality, cost control
4. Reporting to concern agency
5. Quantity survey and bill preparation
6. To plan project and progress report
7. Technical report and claims
8. Training and guide for new entrants and worker
9. Overall management, (site in charge)
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 Public Service commission provide job description of
engineer
3rd Class
1. Preliminary survey, prefeasibility, 2nd class
feasibility, detail design , estimate 1. Planning, programming,
2. Execution of project works
and execution of works
3. Reporting
4. Pre activities 2. Research on technology,
5. Interim progress cases, various skill upgrade
6. Monitoring 3. Monitoring and evaluation
7. Evaluation
4. Supervision of project
8. Post implementation report
9. Job assigned by immediate boss ( 5. Administrative works
superiors) 6. Financial planning a and
10. To facilitate donor agency administration
11. Job specific for engineers
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 Relationship of engineering profession to basic science and technology;
relationship to other professions

• Science: …. A system of data and relationship covering vast areas of

information derived from observation analysis and manipulation of natural
phenomenon.
• Technology: how thing are commonly done or made, what things are done or
made.

• A study of the technical means undertaken in all cultures ( a universal) which

involves the systematic application of organised knowledge ( synthesis) and
tangible ( tools and material) for the extension of human faculties that are
restricted as a result of the evolutionary process. Evident, knowledge based,
accumulative, humanity, survival alters cutlers and society, future oriented,
observable, harmony to human life and nature, etc

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 Relationship of engineering profession to basic science and technology;
relationship to other professions

• Basically the basic science and technology used in an integrated form as a separate
profession for the welfare of people is engineering. So we concluded engineering
knowledge is not possible without basic science and technology.

• Basic science and technology includes physics, chemistry, mathematics and

technology includes those in which the process or method of applying those
describes how to become or how to make. Combining both of these subjects forms
engineering subjects.

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 Relationship of engineering profession to basic science and technology;
relationship to other professions
• Basically the basic science and technology used in an integrated form as a separate
profession for the welfare of people is engineering. So we concluded engineering
knowledge is not possible without basic science and technology.

• Basic science and technology includes physics, chemistry, mathematics and

technology includes those in which the process or method of applying those
describes how to become or how to make. Combining both of these subjects forms
engineering subjects.

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 Relationship of engineering profession to basic science and technology;
relationship to other professions

• Engineering works involve large funds for creating facilities and services for the
people. As the project involves budget and the people the engineer in charge and
staff need to have good procedure of keeping record and rapport with
stakeholders. Therefore engineering profession involves mainly the following
profession, accountant, lawyers, medicals and managers.
• Engineering profession has a deep relation with law, account, medicine, and
management profession. Auditing, budgeting, managing, conflicts and maintaining
harmonies in work sphere.

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 engineering Ethics

The importance of engineers in today's society is great and

obvious.
Therefore, the ethical issues they are dealing with and the
decisions they make can influence the whole society and the
discussion on ethics in engineering education is thus of big
importance
Ethics is something everybody learns to a certain level
while growing up, during his/her whole education, at home
etc. So when a person enters the higher level of education he/she
already has some knowledge about ethics.
The discussions on this Symposium were whether that
knowledge is enough for young engineers.
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Ethics in general,
presenting the current situation of courses on Ethics in
their universities, talked about necessity of Ethics in
Engineering education and the ways it should be
implemented in educational system.
the discussions there have also been talks about
cheating at school as an ethical issue.

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 General Knowledge on Ethics
In today’s life, people learn about ethics all the time, being
aware of it or not. The society, the religion, the family, the
culture, the media, the traditions, everything has its influence. The
awareness of ethics is on a very high level, but the level of
knowledge of every person and every society is not the
same. Also, common ethics are learned because of the factors
mentioned above, but professional ethics are not.
It’s needed to take into account the distinction between morals
and ethics, ethics being the practical reflection of some morals.
Morals are unconsciously learnt during childhood, but ethics are
learnt at the time of confrontation with problems in life. Ethics as
a field of study is universal, but the perception of ethical
correctness differs in different cultures. Ethics are changing
during the years because society is changing. Distinctions
between personal and professional ethics also exist.
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 Ethics in Current Engineering Education

• Talking about the ethics in current university education there are different situations:

• Complete specific course on ethics.

• Integrated in some other courses – based on the will of the teachers or part of the program of the
• course.
• The students are not taught ethics at all.
• Even if ethics is taught in some universities, like in the first two cases, it can be problematic in some
• situations:
• The course is elective and not all the students are taking part because of the big number of courses
• they can choose.
• The material is extensively theoretical.
• Professors have no proper approach and make the course not attractive and tedious
• The methods that are used are inappropriate
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 Ethics in Engineering Education: is it necessary and
why?
• The necessity of ethics in the engineering education was corroborated by the
problems faced by engineers. They will be critical about all the information they will
receive. Also they will be more confident when standing up for their own opinion,
resisting outer pressure if needed. The critical thinking will be raised with a
background on ethics that the engineers will have with this kind of courses. Thus, in
every day situations, the dilemmas will be solved in a better way and the
long-term consequences of engineering discoveries will be more carefully
evaluated.
• Ethics also have an important role on the gaps that there are inevitably in
laws and involve the
• responsibility of communicating with the society, of presenting, objectively, one person’s
own work.
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 Implementation of Ethics in Engineering
Education
The idea of having a course on ethics as compulsory. More ideas on
how the course should look like were presented:

● The course should give a direction of thinking that would make people more aware
of their actions. By introducing a certain level of criticism, automatic behaviour would
be excluded from decision making.
● Students generally would like to have interaction among all the students that
enrolled the course and the teacher. It is a way through which more ideas could come
up and more sharing could exist.
● The course should include: case studies, examples from real life, problem–solving
methods.
● Although theory and definitions are not so attractive to students, they should exist.
● Optionally: the first contact with ethics should be before university, and it should
be about general ethics and latter on professional ethics should be given at
university.

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 Implementation of Ethics in Engineering Education
● Dynamic course: as the time is changing the material should also
change. The technologies are changing, so the courses should take it into account.
● The course should represent a lot of examples from real life.
● About the person(s) who will give the course there were more ideas:
◦ The person should have not just theoretical knowledge but also a practical
background, the person should have experience as working as an engineer or as
an option, special training on ethics.
◦ Cooperation among two persons: engineer who will be practical and
philosopher who will be theoretical.
● Having and not having grading:
◦ The grading will be a reason for bigger interest and motivation during the course.
The grade should not be based on classical exam, but on the activities during the
time the course is rolling and a final project.
● There was not agreement if the course should be in the beginning or in the end of
the studies:
◦ In the beginning: The students will learn to act even in the beginning of their
studies.
◦ In the end: the course would be based on the final preparation of the
engineer for his/her professional work.

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 Co nc lusio ns
There is a distinction between moral and ethics, as moral is something learned
unconsciously and ethics is something learned by reflecting moral stands in a real
world.
• Big need exist for engineers to understand ethical issues that will occur during their
carrier, especially as engineers are the ones making the discoveries and they need to
stimulate the consequences of those.
• Engineers have to stand up for their positions in ethically questionable cases.
• In different universities the way ethics is taught varies from specific ethical courses,
ethics being part
• in some technical courses to not having any ethics taught to the students. In cases
where ethics is taught
• there are some problems concerning competitiveness of teachers, and lack of
practical examples.
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 Co nc lusio ns

• The goal of Ethical courses should be to promote critical thinking.

• They should be compulsory, dynamic and interactive (real cases, case studies and so on).
• The teachers should have theoretical knowledge but also practical and
technical experience as engineers. there was no conclusion reached concerning when
the ethical courses should be implemented (at the beginning of studies or at their end)
• Unethical behaviour during studies can effect future behaviour.
• How ever in many universities system of exams seems to promote or at least doesn't
try to stop that kind of behaviour.
• So the system should change in order to make it unworthy to even try.

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 Int rod uct io n – S ustaina ble Dev elo pment

• Sustainable development is development that meets the needs of the present without compromising
• the ability of future generations to meet their own needs. It is often referred as a way to ensure survival
• of the mankind taking into account, economy, environment and society.

• Sustainable Development is already very much part of curricula in some fields of engineering
• education (environmental engineering) but the question is concerning all other fields which are not directly
• connected to the concept of sustainable development.

• sustainable development in engineering, importance of it in engineering education, current situation and ways
to improve it in future.

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• engineers should be able to understand other professionals, such as lawyers, social scientist,
other kinds of engineers and
• Sustainable Development in Engineering Education: if it is necessary,
• how should we implement it?

• The answer on this question is not evident and the opinions were not always the same.
• we would like to list several general accepted ideas that came up during the
discussions together with the questions that are still open or there was no agreement for.
• the discussions did not agree whether that course should be theoretical or practical.
• At the end of the studies, applied courses are necessary and they should be different
depending of the field of study.
• ●

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 DUTIES/ LIABILITIES/ of designers or professional
1. Negligent, misstatement.
2. Statutes, bylaws, and standards
3. Examination of site above or below ground surface
4. Public and private rights
5. Plans. drawings/ specification
6. Suitability of materials
7. Suitability of Method of execution
8. Novel/ risky design and employers interference in design
9. Revision of design during execution

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epp negligence and liabilities

Concept of reasonable skill and care:

Every person who wants enter in to learned
profession undertakes to bring to the exercise of it a
reasonable degree of care and skill.
The degree of skill that required is the skill of an
ordinary component person exercising that particular
art.
Breach: failure to perform an obligation undertaken
Tort: civil mistake
epp negligence and liabilities

Some times while performing engineering duties, engineers

happen to harm or damage to other unconcerned, non
related person or property.
The engineers perform jobs more attentively towards their
client/ organisation/ employer but even doing so they
happen to cause damages or harms to these who are not
concerned to the jobs at all.
That happens because of unnecessary incidental negligence
is doing jobs. Incidental negligence seeks compensations for
the jobs.
This type of compensation to unconcerned parties/ property
is tort liability.
epp negligence and liabilities
•Liability is a troublesome responsibility.
•It is a legal, binding or an obligation.
•Liability: is legal responsibility, accountability, responsibility,
and burden

•Engineers/ professionals are active actors in the society

• attention towards all likely to be affected parties are
not paid, liability are likely to occur.
• Liabilities occur because of negligence in performance.
•The liability that most engineers face is Tort liability
and
• organizational liability is called vicarious liability.
epp negligence and liabilities

Two types of liabilities that must

engineers face
•Tort liability ; tort is something wrong but not criminal
•Organizational liability or vicarious liability

Vicarious liability:
A person who commits a tort is a liable for the damage that he
causes. What about a person who did not commit a tort?
When an employee commits a tort in the course of his / her
employment, his/her employer will be liable for the tort of his
/her employee, which is called a vicarious (explicit) liability.
For example, during the course action if a servant commits a
tort his master will be liable for the tort of his employee.
epp negligence and liabilities
Tort liability is private wrong or civil wrong for which
a person may have to pay compensation. Torts is any
act or not act (omission) that infringes (break) an
responsibility imposed by laws which gives injured
party the right to bring an action for the damages or
loss.
epp negligence and liabilities
Negligence:
Careful, care free
Careless
Types
Subjective (state of mind) and objective (conduct absence of
skill and care )
Heedlessness (without willingness)and recklessness (ignores
consequence)
Advertent (intentionally)and inadvertent
Contributory (conduct of doing job)
Reasonable person
Professional standard
Employer liability
Occupiers liability
Trespass (infringe)
epp negligence and liabilities
Elements of TORT:
Duty: a plaintiff in a tort case must establish that the defendant
(a person accused in a legal case) had a duty (moral or legal
obligation) to the plaintiff. (The questions is not whether the
defendant tried in good faith, to be careful, but whether his
conduct was up to the standard of a reasonable persons
conduct under the circumstances)
Breach: a plaintiff must prove that the defendant had breached
the duty. (The defendant act fell below the standard of care of
reasonable persons
Proximate / legal case: the plaintiff must prove that the acts of
defendant actually caused the physical harm or injury to the
plaintiff.
Damages: A plaintiff must prove damage.
Damage without injury
Injury without damage
epp negligence and liabilities
Principles of tort law:
•In order to succeed in action in a tort, a plaintiff must prove :
•The defendant owed to the plaintiff
•The defendant was in breach of that duty by his/her conduct and
•The plaintiff has suffered damage or injury as a result of that
breach.
•Objective of tort law: Appease (settle) , Deter (prevent), justice
(fair dealing)
•Compensation to victims
•Transferring the cost of injury from victims to the person
responsible for that
•Prevention of repetition of harmful action
•Defending the law and rights of victims
epp negligence and liabilities
DUTIES/ LIABILITIES/ of designers or professional
•Negligent, misstatement.
•Statutes, bylaws, and standards
•Examination of site above or below ground surface
•Public and private rights
•Plans. drawings/ specification
•Suitability of materials
•Suitability of Method of execution
•Novel/ risky design and employers interference in
design
•Revision of design during execution
epp negligence and liabilities
•Delegation of authority

employer designer specialist

epp negligence and liabilities
•Delegation of authority

employer

Main Expert/
designer specialist
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