Chapter 1: Introduction to the Profession

Regulation of Geoscience
- Identical legislation – regulate engineers and geoscientists together in same
legislation (8 provinces do – AB, BC, Manitoba, NB, Newfoundland,
Northwest Territories, Nunavut, and Sask)
- Separate legislation – 3 provinces (Ontario, Nova Scotia, and Quebec)
- No legislation – PEI and Yukon

The Technical Team:

- Research Scientist: develop ideas that expand frontiers of knowledge – may
not have practical applications for years
- Engineer: provide link between theory and practical applications
- Technologist: usually work under direction of engineers in applying
engineering principles and methods
- Technician: practical aspects of engineering test or equipment maintenance
- Skilled Worker: highly developed manual skills to carry out designs and plans
of others

Profession:
- A calling requiring special knowledge and often long and intensive
preparation including instruction in skills and methods as well as in scientific,
historical, or scholarly principles underlying such skills and methods
- maintaining by force of organization or concerned opinion high standards of
achievement and conduct, and committing its members to continued study and
to a kind of work which has for its prime purpose rendering of a public service

Case History 1.1 – The Quebec Bridge Collapse

- Result of the bridge collapse is that Canadians were made aware of the need
for professional licensing of engineers
- Canada’s worst bridge disaster – caused by faulty design and inadequate
engineering supervision
- Two disasters- cantilever span fell into the St Lawrence river in 1907 an 1917
- Theodore Cooper (consultant) and Edward Hoare (on site) – 1st collapse due to
fact that Cooper did not recalculate stresses on the bridge when design
changed (he moved supporting piers, which increased dead weight) – Cooper
was unable to visit the site frequently b/c of his health
- 1916 second accident occurred – when transporting middle span of the bridge
- When raising it into place it slid off its four corner supports
- Second accident was unrelated to design but was material failure
- Conclusions / Lessons
 Ritual of the calling of an engineer – iron rings came from this
 Need to regulate engineering rose
 Provide adequate capital for big projects
 Hire capable and competent professionals
  Define duties and responsibilities of each personnel
 Discuss design decisions and problems openly and listen
receptively
 Review details and monitor work on site
 Ensure communication is rapid and accurate
 Provide adequate support staff and remuneration for highly
skilled professional people

Chapter 2: Regulation of Engineering and Geoscience

3 purposes of licensing: 1) protect safety of public, 2) restrict unqualified people from

practicing, 3) discipline negligent or unscrupulous practitioners

CSCE (Canadian Society of Civil Engineers) – started licensing regulation – changed

name to EIC (Engineering Institute of Canada)

Two recent tragic events have spurred regulation of geoscientists in much same way that
the collapse of the Quebec Bridge spurred the regulation of engineers: BRE-X and
Walkerton

- BRE-X:

Mining company in Calgary was developing a gold mine in
Indonesia in 1990s.
 Monumental fraud was perpetrated – someone tampered wit
the core samples from the test holes. – showed high gold
content and Bre-X shares rose
 Fraud discovered in 1997 and stock became worthless –
damaging effect on mining industry
- WALKERTON
 Walkerton is a small town farming town in SW Ontario
 A well supplying drinking water was contaminated with E.
Coli
 Incompetence, negligence, and fraud on the part of the water
systems manager and his brother, the foreman

Qualified Persons (QP) – appears in legislation and regulations – refers to

engineers/geoscientists. QP is individual who
a) is an engineer or geoscientists with at least 5 yrs experience
b) has experience relevant to subject matter of the project
c) is a member in good standing of a prof. association

- Engineering/Geoscience regulated by Acts of provincial legislatures (in

provinces) – acts are grouped according to how they regulate geoscience:
 o Combined Engineering and Geoscience Acts (AB, BC, Manitoba, NB,
Newfoundland, NWT, Nunavit, Sask)
o Separate Engineering and Geoscience Acts (NS, Ont, Que)
o Engineering Acts Only (PEI, Yukon)

Each of the Acts contains following:

- Purpose of Act
- Legal definition of engineering and/or geoscience
- Procedure for establishing a provincial or territorial association and purpose of
association
- Standards for a admission to associations
- Procedures for establishing regulations to govern professional practice
- Procedures for establishing bylaws to govern associations administration and
to elect a governing council
- A code of Ethics to guide members
- Disciplinary procedures

CCPE – Canadian Council of Professional Engineers

Practice of Professional Engineering:
- any act of planning, designing, composing, evaluating, advising, reporting,
directing, supervising, or managing any of the foregoing, that requires the
application of engineering principles and that concerns the safeguarding of
life, health, property, economic interests, the public welfare or the
environment
- all provinces/territories have different definitions of this

CCPG – Canadian Council of Professional Geoscientists

Practice of Professional Geoscience:
- the performing of any activity that requires applications of the principles of
the geological sciences, and that concerns the safeguarding of public welfare,
life, health, property, or economic interests, including but not limited to:
 a) investigations, interpretations, evaluations,
consultations, or management aimed at discovery or
development of metallic or non-metallic minerals,
rocks, nuclear or fossil fuels, precious stones and water
resources
 b) investigations, interpretations, evaluations,
consultations or management relating to geoscientific
properties, conditions or processes that may affect the
well-being of the general public, including those
pertaining to preservation of the natural environment

- Each province has its own ACT and a self governing Association – Each
association has developed regulations or bylaws and a Code of Ethics
 o Regulations – rules that have been established to implement or support
the Act (qualifications for admission to the Association, professional
conduct)
o Bylaws – rules established to administer the Association (election
matters, financials, meetings, committees)
o Code of Ethics – set of rules of personal conduct

Applicant is admitted to the profession and awarded a P.Engg or P.Geo license after
satisfying 6 conditions
- Citizenship
- Age
- Educations
- Examinations
- Experience
- Character (references)

Licensing of engineering Corporations:

- requires corporations to identify the individuals responsible for the
engineering services provided by the corporation, and requiring corporations
to carry liability insurance
- corporation must satisfy these 2 criteria in order to obtain a permit to practice
- corporation must employ a prof. engineer who assumes personal responsibility
for the engineering services
- only Ontario regulates designation of consulting engineer

The Engineer’s Seal

- each engineer must have a seal denoting that he/she is licensed – all
documents involving practice of prof. engineering when issued in final form
should bear the signature and seal of the prof. engineer who prepared and
approved them.
- An engineer who knowingly sings or seals documents that have not been
prepared by himself or by technical assistants under his direct supervision and
be guilty of professional misconduct, and may be liable for fraud or
negligence
- To “check” documents and then sign them is usually not ethical

The Code of Ethics

- each code of ethics defines the duties of the engineer to the public, to the
employer, to fellow engineers, to the profession, and to himself

- In addition to the code, there is a uch older voluntary oath, writing by Rudyard
Kipling, called the Obligation of the Engineer. Those who have taken this
oath can usually be identified by the Iron Ring worn on the working hand

CPE – Canadian council of Professional Engineers

CEAB – Canadian Engineering Accreditation board (evaluates undergrad engg degree
programs)
CEQB – Canadian Engineering Qualifications Board ( develop national guidelines for
professional engineering qualifications, standards of practice, ethics, and professional
conduct – they also maintains the examinations for foreign applicants)
CCPG – Canadian Council of Professional Geoscientists

Case Study 2.1 – The Bre-X Mining Fraud

- 1997 Calgary – claimed to have made a gold strike that was richer than any
gold discovery in history and stock prices soared
- Tampered with core samples – fraud
- David Walsh founder of Bre-X – announced gold discovery in Indonesia
- Geologist – de Guzman responsible for ‘salting’ the sample committed suicide
- Estimates of the total loss to investors as a result of the Bre-X fraud run as
high as $6 billion
- Chief geologist had a responsibility to show diligence in safe guarding the
core samples
- This case is a foreceful reminder that the mining and resource industries
depend massively on professional attitudes and high ethical standards

PART TWO – PROFESSIONAL PRACTICE

Chapter 3: Professional Employment and Management

- Begin your employment on a professional note (apply to begin licensing

process), start to document your engineering experience, project professional
attitude, prepare yourself for advancement and promotion

Documenting Experience
- most associations require that your engineering experience satisfy following
five quality criteria:
 Application of Theory
 Practical Experience
 Management of engineering
 Communcaiton skills
 Social implications of engineering

Projecting a professional attitude

- Time Management
- Accuracy
- Clarity
- Courtesy
- Challenges

Levels of engineering responsibility

- Level A: Entry level
 - Level B: Junior Engineer (EIT)
- Level C: Professional Engineer
- Level D: First Supervisory
- Level E: Middle management
- Level F: Senior Management
- Level F+: Senior Executive level

CSPE – Canadian Society of Petroleum Engineers

NSPE – National Society of Professional engineers

Six key Leadership Attributes of a good manager

- Vision
- Planning
- Organizing
- Communicating
- Monitoring, Evaluating, Controlling
- Role Modelling

Leadership Style – Two theories – Douglas McGregor

- Theory X: work is basically distasteful to most people and employees should
be closely monitored, penalized, threatened and controlled
- Theory Y: People are naturally inclined to work and merely need favorable
working conditions – if properly motivated employees will produce beyond
expectations

Chapter 4: Private Practice, Consulting and Business

Engineers who offer services to the general public are said to be in “private practice” and
are usually called “consulting engineers”

- Consulting Activities:
o Engineering Advice
o Expert Testimony
o Feasibility studies
o Detail design
o Specialized design
o Project Management

Practice by Partnership or Corporations

- all provinces and territories require partnerships and corporations that off
services to public to be licensed or registered in some way – Permit of
authorization – has 2 purposes
 1. identify the people who are assuming the responsibility for
the corporations engineering work
 2. Ensure that their qualifications are acceptable
Liability Insurance
 - all Acts require engineers offering public services to maintain professional
liability insurance
- exemptions for pollution hazards, nuclear, aviations, or shipping hazards b/c
they may be so disastrous that insurance is unavailable

Secondary Liability Insurance

- 8 provinces (AB included) require all individual members in good standing to
participate in a group plan of secondary liability insurance
- Secondary b/c its not main protection against liability claims
- Secondary usually covers the employees (engineers) , primary covers
activities/projects/products

Selecting A Business Format-

- Sole Proprietorship. One person business – one person responsible for
everything – if large debts develop, creditors may seek to seize both the
proprietor’s business and personal property
- General Partnership. Sharing of knowledge. Two ore more people
contribute/share – all partners are responsible for everything (even if one
partner commits fraud)
- Limited Partnership. – formed by investors – do not participate in running the
business – no day to day contribution
- Incorporation. Corporation can be formed by a person or a group and has
many of the rights of a real person – ex. Can enter into contracts, own
property and conduct business – creditors can seize only the corporation’s
assets (not personal assets) – still have to designate one person that will take
responsibility

- When goal of the engineer is to protect personal assets, he should:

 Incorporate the practice to limit liability against demands from

creditors and against civil judgments like breach of contract
 Obtain professional liability insurance
 Obtain comprehensive general liability insurance to cover the
risk accidents , and product liability insurance

- Association of Consulting Engineers of Canada (ACEC)

- International Federation of Consulting Engineers (FIDC)

Contracting Procedure
- it is obviously not illegal or unethical to select a consultant based solely on
lowest bid but it is wiser for clients to separate the evaluation of qualifications
from the fee of negotiation
- fee can only be set after the scope of project is understood

- QBS: Quality-Based Selection

- guidelines for the contracting process recommended by ACEC
 - “sole sourcing” – relying on engg firm with which you have a long-term
relationship

QBS means that the client chooses a consultant according t

- Technical competence
- Managerial Ability
- Experience on Similar projects
- Dedicated personnel available for the project’s duration
- Proven performance
- Location and/or local knowledge
- Professional independence and integrity

Evaluation and Selection

- Prepare list of qualified consultants (long list) – contact them outlining nature
of project and inquire about their interest – identify 3-5 candidates (develop
short list)
- Request proposals from the short-list consultants – interview themand
examine qualifications and discuss project scope
- Select the one who is best suited for job
- Notify all involved when contract is awarded

Facilitating the Selection Process

- CLIENT
o Describe needs of proposed project and purpose-objectives –
designates various phases to divide work
o Set timeline – identify problems – determine budgets for all phases
o Select firms that offer the required services – give the firm the project

- THE CONSULTING FIRM

o Respond with letter of interest – demonstrate understanding of project
– provide evidence of firms ability
o Submit profiles of principals and staff - give references
- CLIENT then
o Evaluates the responses and selects a firm from short list – makes
reference to the fee schedules
o Negotiates a fair fee and contract

Compensation Arrangements for Consulting Engineers

- Per diem: fixed daily rates (good for when scope is hard to determine
initially) - contract engineering –
- Payroll Costs Times A Multiplier: payroll costs, multiplied by a factor to
cover overhead and profit, are most often used for site investigations,
preliminary design, process studies, plant layout, and detailed design –
multiplier is usually 2-3.
- Lump sum: consultant determines in advance a unit or lump sum fee that will
cover all costs, overhead and profit
 - Fee as a Percentage of Estimated or Actual Costs of Construction:
percentage of construction costs approach is now used less frequently – main
drawback is it penalizes the engineer for creating an economical design (they
will get paid less!)

Evaluating Your Potential as A Consultant – the skills you need are:

- Education and Licensing
- Adequate experience and technical knowledge
- Network of Contacts
- Determination
- Confidence and Independence
- Business Skills
- People Skills
- Good Health
- Intelligence

Chapter 5: Hazards, Liability, Standards, and Safety

The Code of Ethics obliges professional engineers and geoscientists to protect the health,
safety, and welfare of the public – and the environment (most codes)

BASIS FOR LEGAL LIABILITY

A lawsuit may be based on three sources of legal liability – contract law, tort law, and
consumer legislation

Contract Law
- breach of contract is a fairly common risk in private practice
- ex – engineer who agrees to carries out a specific design project and who does
it incorrectly or incompetently may be liable for breach of contract
- engineer should only undertake work for which he is competent and must seek
help outside of this area
Tort Law
- in absence of a contract or legislation, a professional may still be sued for
negligence under tort law
- tort law entitles a person who has suffered loss as a result of someone’s
negligence to seek damages from the negligent person
Consumer Legislation
- if a defective product is manufactured / sold, the designer or seller may be
liable for damages under provincial legislation such as the Sale of Goods Act
or Consumers Protection Act
- manufacture is at fault unless proved otherwise
- in Canada injured party must prove negligence

PROFESIONAL LIABILITY – TORT LAW

- word “tort” means injury or damage
- Plaintiff – injured party and defendant – accused person
- Conduct is classified as intentional, negligent, or accidental ( lawsuit can’t be
based on bad luck or a random accident)
- “there is no liability without fault” – torts must be intentional or negligent
- To succeed in a tort action the plaintiff must prove
 Defendant owed a duty of care to the plaintiff
 Defendant breached that duty (intentionally or negligently)
 Plaintiff suffered damage as a result

Defining the Duty of Care

- in absence of contract certain actions create a duty of care between people (ex
– highway driver through negligence causes an accident has breached the duty
of care and is liable for damage)
- Duty of care requires a YES answer to 2 questions
 1. was there a reasonably foreseeable risk of injury or damage
to others, as a result of the action?
 2. Was anyone close enough to be affected by the activity?
- duty of care is not owed to everyone – only those who are likely to be injured
by a potentially dangerous act
- however the damage can now be – damage that is suffered later (ex poor
building design)

Defining the Standard of Care

- after it is determined that a duty of care existed – next question in tort
deliberations involves determining what standard of care was owed
- courts will apply a reasonable person test (what would a reasonable person
do?) was the person negligent
- the word reasonable is ALWAYS in the definition of negligence

Proving Negligence
- Courts will assume negligence has been proved, even if no explanations can
be presented, when:
 Whatever caused the harm was under the sole control of the
defendant
 The event that caused the harm ordinarily would not occur
without negligence
- circumstantial evidence -> res ipsa loquitur “evidence speaks for itself” – is
allowed

PRODUCTS LIABILITY
- 3 basic reasons that support a claim for damages
o Defective manufacturing
o Negligence in design
o Failure to warn of dangers associated with the product
Contract Conditions and Warranties
- contract clauses are divided into conditions and warranties
o Conditions – key clauses that must be satisfied or the contract may be
terminated
o Warranties are clauses that permit the consumer to demand repairs,
replacement, or damages – warranty clause does not permit a contract
to be terminated

Sale of Goods Act – defines certain conditions and warranties in order to protect the
general public. Product must not be defective and should be usable as intended

Consumer Protection Act – imposes further provisions on consumer sales, or that

prevents certain basic rights from being waived

U.S. Products Law – Strict Liability

- strict liability applies – covers product defects and consumer safety – focus on product
itself – no questions of negligence
- manufacturer may be strictly liable for any damage that results from the use of his
product, en though the manufacturer was not negligent in manufacturing it

- main difference between Canadian and American law is that the American definition
specifically states that the rule applies even when the seller has taken all possible care – it
applies even when no negligence can be shown

Canadian Products Law – Risk- Utility Analysis

- seeks to determine if the utility of the product’s design outweighs the
foreseeable risks of the design
- ex – the two headlights being on the same circuit of a truck..one headlight
went out , so did the other – causing accident – judge rules design was
defective – degree of danger of design – risks of design

Hazards and the Duty of the Design Engineer

- design engineer is responsible for taking action to eliminate a hazard in the
following circumstances
o When a clear and evident danger exists (ex high walkway needs
railing)
o Follow established design standards
o Follow legal requirements and government regulations
o Follow good engineering practice
 Hazard analysis – systematic review of the design and has 4
steps: identify hazards, eliminate them where possible, shield
them where they can’t be eliminated, and to provide remedial
action where shielding is not possible (warn users, etc
- if system is complex a failure analysis should be conducted
 o failure analysis examines the consequences if a single system
component should fail
Hazard Reduction Checklists

- new design step is checking the INTERNET – first step in design process is to
gather information –
- Designers Checklist:
 Find and apply standards and regulations
 Use state-of-the-art design methods
 Conduct formal design reviews
 Carry out a formal hazard analysis
 Carry our a formal failure analysis
 Warn consumers of hazards
 Prepare and distribute instruction manuals
 Maintain complete design records
- Manufacturer’s Checklist
 Establish safety as a company policy
 To conduct adequate quality assurance and testing
 Review warranties, disclaimers, and other published material
 Act promptly on consumer complaints
 Warn owners immediately of hazards

Standards Council of Canada (SCC) – National Standards

- standards are publications that establish accepted practices, technical
requirements and terminologies for diverse fields of human endeavor

The international organization for standardization – ISO Standards

- mandate to make standards more available for any product
- two recent standards have generated a great deal of interest among engineers
o ISO 9000 – quality management and quality assurance standards
 Is a standard for managing a manufacturing corporation in
order to maximize the quality of its manufactured products
 Important part of the standard is developing a “quality manual”

o ISO 14000 – Environmental Management Systems

 Requires company to examine every function of its operations
with the goal of identifying activities with a significant
environmental impact

Federal and Provincial Product Safety Legislation

- deals with products purchased through retail outlets to be used in the home by
typical consumers (deals with packaging, labeling, etc…)

Workers Compensation Act

 - authorize a governing board to require the reporting of any accident that
involves a serious injury or death, or failure

Provincial Occupational Health and Safety (OHS) Regulations

- promote occupational health and safety and to protect workers from employment
hazards

Federal Workplace Safety Regulations

- define which materials are included in the Workplace Hazardous Materials
Information system WHMIS) and what information suppliers must provide to
employers for controlled products used in the workplace

Case Study 5.1: The RIVTOW Marine Case – Failure To Warn

- Rivtow Marine is a logging company in B.C.
- Chartered a logging barge from a B.C. dealer named Walkem – barge was
fitted with a crane manufactured by Washington iron Works
- Washington had constructed a similar crane which collapsed killing the
operator – Rivtow stopped using their crane and saw cracks on it
- Walkem and Washington Iron Works had both been aware for some time of
the cracks but did not inform Rivtow marine – Rivtow sued for negligence for
failing to provide a warning and claiming damages for the cost of repairing
the crane and for economic losses while the barge and crane were idle
- Defendants had a “knowledge of the risk”
- First Canadian tort case were damage was not to personal or something – it
was economic loss

Case Study 5.2: The Westray Mine Disaster : Failure to Follow Safely Standards
- managers sacrifice safety standards to maximize profit
- 26 men died when Westray mine exploded in 1992 in Nova Scotia
PART THREE – PROFESSIONAL ETHICS

Chapter 6: Principles of Engineering Ethics

- 4 branches of philosophy
- Ethics: study of right and wrong, good and evil, obligations and rights, justice,
and social and political ideals
- Logic: study of rules and reasoning – essential to engineers / basics of math
- Epistemology: study of knowledge itself
- Metaphysics: study of very basic ideas such as existence, appearance, reality
and determinism

4 Ethical Theories
- Mills Utilitarianism
- Kant’s formalism – Duty Ethics
- Locke’s rights ethics
- Aristotle’s virtue ethics

Mill’s Utilitarianism
- best choice in an ethical dilemma is tat which produces the
maximum benefit for the greatest number of people
- 3 key factors should be considered in determining the
maximum benefit:
 # of people affected and the intensity and duration
of the benefit or pleasure
- Conflict – conflict of interest may arise when evaluating benefits.
It is important that a personal benefit by counted as equal to a
similar benefit to someone else

Kant’s Formalism, or Duty Ethics

- every individual has a fundamental duty to act in a correct
ethical manner
- ex – everyone has a duty not to tell lies
- good will – happiness is result
- Conflict – when following a universal principle may cause
harm. For example, telling a white lie is not acceptable even if
telling the truth causes harm

Locke’s Rights Ethics

- rights-based theory basically states that every individual has
rights simply by virtue of his or her existence
 - right to life and the right to the maximum possible individual
liberty and human dignity are fundamental
- every individuals rights must be recognized by others who
have a duty not to infringe on those rights
- in Locke’s rights – duties are a consequence of personal rights
- everyone has the right to a working environment that is free of
sexual harassment or racial discrimination
- Conflict – occasionally difficult to determine when one
person’s rights infringe on another person’s rights

Aristotle’s Virtue Ethics

- the goodness of an act, object, or person depended on the
function or goal concerned
- happiness/goodness will result for humans once they allow
their specifically human qualities to function fully
- Conflict – definition of virtue is occasionally vague and
difficult to apply in specific cases. Concept of seeking a
golden mean between two extremes is often useful in ethics

Example of An Ethical Dilemma

- Smith and Legault are both employed in writing control system
software for an electrical power generating plant – smith is
alcoholic and Legualt knows this – but he is his friend
- Duty: theory would say Legault has a duty to report Smith to
management – code of Ethics would state that the public
interest should be placed ahead of personal feelings
- Rights: conversely, rights based theory would say that Smiths’s
health is a private manner – so he has a right to privacy
- Utilitarianism: balances the risk of harm to the software project
and to the public against the harm to Smith’s career. If the
project fails Legault and Smith may be accused of negligence
or incompetence – would be in favor of intervention
- Virtue: would recognize drug and alcohol addiction as an
extreme and undesirable abuse – would imply some action
should be taken

Codes of Ethics as Guides To Conduct

- Codes of ethics usually include statements of general principles
followed by instructions for specific conduct
o Duty to Society – most important duty
o Duty to Employers
o Duty to Clients
o Duty to Colleagues
o Duty to employees and Subordinates
o Duty to the profession
 o Duty to oneself

ALBERTA’s 5 Code of Ethics

1. hold paramount the health, safety and welfare of the public and have regard
for the environment
2. only undertake work that they are competent to perform by virtue of their
training and experience
3. conduct themselves with integrity, honesty, fairness, and objectivity in their
professional activities
4. comply with applicable statues, regulations bylaws in their professional
practices
5. uphold and enhance the honor, dignity, and reputation of their professions and
thus the ability of the professions to serve the public interest

Strategy For Solving Complex Ethical Problems

1. Recognize the Ethical Problem and Gather Basic Information
- who what where when why how
2. Define the Ethical Problem
- what exactly is wrong? Do any actions go against the codes of ethics
3. Generate Alternative Solutions (Synthesis)
4. Evaluate Alternative Solutions (Analysis)
- solution must satisfy code of ethics and the ethical theories
 Legality – does solution satisfy code of ethics?
 Utilitarian Ethics – what benefits accrue as a result
– for whom? – are the benefits and hardships fairly
distributed
 Duty-based Ethics – can it be applied to everyone
equally
 Rights based ethics – respect the rights of all
participants
 Virtue based Ethics – does the solution develop or
support moral virtues?
5. Decision-Making Optimization
6. Implement the Solution

Chapter 7: Ethical Problems in Professional Employment

- employer has management authority to direct the company’s resources, whereas the
engineer has technical authority to exercise the special knowledge and skills that he or
she has acquired though education and experience

Categories of moral conflict between management and engineers;

- Illegal Actions
- Actions contrary to the Code of Ethics: - might not be clearly
illegal
 - Actions contrary to the conscience of the engineer – most
difficult b/c its not illegal or against the code of ethics

Guidelines to Professional Employment for Engineers and Scientists – these guidelines

still serve as a model for professional employment – guidelines contain clauses divided
into four sections
- Recruitment:
- employment
- professional development
- Terminations

Professional Employees and Labor Unions

- right to negotiate pay scales, hours
- every province has a labor board and a labour relations act that
can provide action
- employees can form unions

Unethical Managers and WHISTLEBLOWING

- when management is unethical, engineer has three possible
courses of action:
 Correct the Problem – obviously the first course of
action –
 Blow the Whistle – continue to work for company
but alert external regulatory agencies that the
company is acting dishonestly. – called whistle
blowing
 Resign in Protest

Case Study 7.1 – Would You Apply For this Job

Description: Ralph is graduating from engineering and has no job offers. A new job
comes up where he would be working for a tobacco company. He feels uneasy with
working there b/c his father died of lung cancer due to cigarettes.
Should Ralph apply for the engineering job?

1. Recognize the problem and gather info:

- it is legal to manufacture cigarettes – so he wouldn’t be
breaking the code of Ethics
- ethical dilemma must be resolved by considering his personal
attitudes and ethical standards
- he is antagonistic to tobacco industry but he needs a job to pay
off debt – he could get a line of credit and continue job search
- utilitarian analysis would show tobacco industry’s ethical value
to be marginal - do benefits and profits of selling it outweigh
the misery of those who get addicted
2. Define the Problem
 - he needs the job and would benefit professionally from it. But if
he takes the job, he may face emotional distress because of the
product he is manufacturing – product is legal – if he rejects job he
will continue job search and will have to borrow money from bank
3. Generate Alternative Solutions
- 3 acceptable courses of action
 Reject the job and look for a better one and borrow
money
 Arrange an interview to get more information and
delay decision until after the interview. If he is
certain he doesn’t want the job it is unethical to go
and waste time of everyone
 He could apply for the job and if he gets it he could
ignore any negative ethical issues
4. Evaluate the alternatives
- mills utilitarianism would direct Ralph to balance benefits of
the job against the persona discomfort he would feel working
for an organization that helped hasten his father’s death
- Kant – humans should always be treated as an end or as a goal
– he should not sacrifice career or self-respect to obtain a job
- Aristotle – developing virtue and seeking a golden mean
between the extremes of excess and deficiency are not helpful
in Ralphs’s situations – little virtue in manufacturing cigarettes
- Locke’s rights bases ethics – cigarettes are not illegal so the
company has the right to manufacture them and people have
the right to smoke them
5. Decision Making
- author would reject applying for the job – but there is no right
answer

Case Study 7.2 – Accepting a Job Offer

Joan in nearing graduation and is interested in getting a job in the circuit design area. She
gets an offer from Algonquin and accepts a job (by writing an acceptance letter). She
later gets an offer from Ace – a job that is exactly what she wants to do. What should she
do? She has 3 choices
1. Honor the Algonquin agreement – telling ace she has already accepted a job
and she might be able to join them at a later time
2. Revoke the Algonquin agreement – she is aware of code of Ethics but she
hasn’t joined the association yet
3. Revoke the Algonquin agreement and reimburse them for all the money they
have spent on her already

- not specifically addressed in the code of Ethics although every

code states or implies that an engineer has an obligation to act
in “good faith” or with “good will” toward clients, employees,
and employers
 - Most ethical decision is to honor the agreement – she has a
duty to fulfill

Case Study 7.3 – Part-time Employment (Moonlighting)

Philip is a licensed professional engineer – the company he works for is not doing well
financially so he hasn’t been getting adequate pay raises for years. He takes on part time
work, and actually comes to the office in the evening and uses CAD on his computer to
do the work. He does pay for all photocopying and materials, he argues the computer
would be sitting idle in the evening anyways. Is this ethical?
- moonlight – accept part-time employment
- code of ethics requires the employee to show his or her
employer fairness and loyalty – should not compete for
employer’s contracts – should not reduce employees efficiency
during work time, and employee must be informed of the
moonlighting

- He is not acting ethically since he hasn’t informed his

employer – so the employer is unable to judge

- He is also ignoring his obligation to the profession to insist on

adequate pay for professional work

Case Study 7.4 – Engineers as Members of Labor Unions

Jeanne Giroux works for Acme Automotive manufacturing. She has noticed that the
shop union is highly effective in negotiating terms and conditions of employment. She is
informed that her employer is required by law to bargain in good faith with the union.
But the staff has had minimal pay raises for years. Sales staff gets paid more than
engineers. The union steward told her that the design and engineering staff can be
included in the bargaining group as soon as at least six of the ten employees sign
application forms. Is it ethical for engineers to join the shop labor union?

- Yes it is ethical for engineers to join labor unions provided the

engineers do not exert managerial control in the company
- It would appear that the design engineering staff are not
considered management
- It may be ethical and legal to join the union but it may also be
inappropriate – labor relations acts in some provinces permit
professional engineers to form bargaining units composed
entirely of professional engineers.

Case Study 7.5 – False or Misleading Engineering data in Advertising

In sales literature she notices that a boat designed to carry 5 people has 6 people in it.
This could be dangerous in rough waters. What should she do?
- Code of ethics states welfare of the general public must be
considered most important – there is a potential hazard here
 and she has an ethical duty to take immediate action to reduce
or eliminate that hazard

Case Study 7.6 – Disclosing Proprietary Information

Aeronautical research engineer working for company A does some tests and realizes that
in some circumstances the aircraft could destruct. At a professional meeting, a
competitor from company B descries a tail assembly configuration for one of company
B’s new aircraft that runs the risk of producing the same destructive vibrations that
Company A’s engineer has discovered in his own tests. There is an obligation to
maintain company confidentiality regarding company A’s proprietary knowledge. But
engineers to have a duty to safeguard public safety and welfare. If the engineer from
company A doesn’t say anything company b may not discover the destructive vibration
that could kill many people. What should he do?

- code of ethics: obligation to your employer to be confidential

- but you have obligation under code of ethics to consider
welfare of society
- Duty to society is more important in this case

Case Study 7.7 – Altered Plans and Inadequate Supervision

You are licensed civil engineer and are responsible for designing and supervising the
construction of new stores. The manager has deviated from your plans on smaller jobs.
You confront him angrily. He responds saying he was using cost saving measures and he
has 25 years experience. You tell your boss who is too busy and tells you to sort it out
yourself. You realize it is partially your fault as you are responsible for ensuring that
your plans were being followed. What should you do?

- engineers main responsibility is to ensure the safety of the

public
- you must convince your boss that this problem must be
remedied
- you must review all projects as quickly as possible to make
sure of safety
- two incidents involving structures are relevant to this study
 Hyatt regency Hotel
 LeMessurier and the Citicorp Tower

Case History 7.1 – Challenger and Columbia Space Shuttle Disasters

- Challenger space shuttle explosion in 1986 is most famous
engineering tragedy of all time
- Televised launch when it exploded killing 7 people
- Columbia space shuttle burned up during re-entry and killed
another 7 people
- Challenger explosion was caused by the failure of the O ring
between sections of a rocket booster – engineers did try to have
 the launch delayed b/c they were unsure how the O ring would
react to the cold weather
- Boisjol was the engineer most familiar with the design – he
was later seen as an ethical whistleblower – he received an
award for his ethical actions and efforts

Chapter 8: Ethical Problems in Engineering Management

- 2 most common infringements of the engineering Act involve the use of unlicensed
personnel to carry out the work of professionals, and the misuse of titles

- if an unlicensed person is using a misleading title and

practicing engineering or geoscience, the problem is extremely
serious this is an offense punishable under the act. –
contributing to illegal practice of the profession
- If an unlicensed person is using a misleading title but is
performing tasks that do not require a license, the title must be
changed to eliminate the ambiguity

Hiring and Dismissal

- manager must take responsibility for terminating or
discharging employees
- Employees can be terminated for just cause:
o Just cause - those matters which would allow an employer
to terminate and employee without notice or severance pay
are as follows
 Serious misconduct
 neglect of duty
 Serious incompetence
 Conducts incompatible with his or her duties or
prejudicial to the company’s business
 Willful disobedience to a lawful and reasonable
order of superior in a matter of substance
 Theft, fraud or dishonesty
 Continual insolence and insubordination
 Excessive absenteeism despite corrective
counseling
 Permanent illness
 Inadequate job performance over an extended
period as a result of drug or alcohol abuse and
failure to accept to company’s attempt to
rehabilitate

Wrongful Dismissal
 - when an employee without an employment contract is
dismissed and the reason does not constitute just cause, there is
a risk of wrongful dismissal

- reviews of an engineer’s work for accuracy or competence are routine and do not
require the engineer’s position – but these reviews must not e done without informing the
engineer – engineer cannot deny the review of his/her work, but they must have
knowledge that it is being reviewed

Managing Patents, Trademarks, Designs, and Copyright

- law of intellectual property – encompasses patents, trademarks,

industrial designs, copyright, and integrated circuit topography
(circuit design)

PATENTS
New, useful, an innovative devices, machines, processes, or compositions of matter (or
improvements to existing inventions). A patent protects the way something operates or is
made. Duration of protection – 20 years

INDUSTRIAL DESIGNS
The shape, configuration, patter, or ornamentation applied to a finished article , made in
quantities by hand, took or machine – it protects the appearance or ornamentation.
Duration of protection is 10 years

INTEGRATED CIRCUIT TOPOGAPHIES

Patterns or configurations of electronic circuits used in integrated circuits (including 3d
config.). Duration of protection is 10 years

COPYRIGHT
Written literature and artistic, dramatic, and musical works, including computer
programs. Works reproduced mechanically or electronically (films, photos, etc) are
given protection with a shorter duration. Duration of protection – life of the
author/creator plus 50yrs – mechanically and electronically copyrighted works are
usually limited to 50 yrs
 Copy right differs from other forms of intellectual property in that it is obtained by
any creator immediately upon creation of the work. Registering the copyright is optional;
doing so simply gives slightly more certainty in enforcing the rights.

TRADEMARKS
Logos, slogans, names, symbols, or designs used to identify a company’s goods or
services in the marketplace. Duration of protection – 15 years, renewable indefinitely

TRADE SECRETS
No protection exists for trade secrets. If someone independently discovers the same
secret, the other person may patent it and prevent you from using it. Duration of
protection - Uncertain

Case Study 8.1: Misrepresentation as a licensed Engineer

Problem – You are manager of an engineering firm and have hired Xavier under the
assumption that he is a licensed engineer. You have made business cards that say Pengg.
on them for him. A client complains saying he is not a licensed engineer. The client is
furious that you sent an unqualified person to the meeting/project.

Question- Who is responsible for this problem? Can you fire Xavier for jst cause? Does it
make a difference to the solution if:
- he is licensed in another province but has neglected to apply
for a license in your province?
- He has applied to obtain a license in your province but that
license is still being processed by the provincial association
- He has never been licensed in any province

Solution – professional license is valid for the province in which it was issued
- Xavier is guilty of practicing professional engineering without
a license – he has used business cards that say he is licensed
- Analyze the work that he has done – if it is junior level, or if it
is supervised by another engineer then the risk to the client
may be minimal
- If he has been making independent decisions then the firm is
liable for any problems that may arise due to the decisions
- If he has a license in another province but hasn’t applied for
one in Alberta then : professional misconduct, neglect of duty –
just causes of dismissal
- If he has applied for the license and it is not given yet, then he
probably has complied with your requirements and dismissal is
unjust
- If he has never been licensed in any province then has been
dishonest in his interview with you and can be fired

You are at blame too – you never followed up to see if he had a valid license – it is your
duty

Case Study 8.2 – Concealing a Conflict of Interest

Problem – You are an engineering manager in a large company and you been asked to sit
on a ten member standards committee that sets performance and safety specifications for
the automotive equipment your company manufactures. One of the others has proposed a
revision to the specification for a component you manufacture – change would make a
modest improvement in quality but you realize that it would require specialized
equipment and expertise which your company already has – so your company would
greatly benefit and have an edge over competitors – the person proposing the idea would
benefit in a similar way - you are uncertain if you should mention this to the committee
– after all you did not propose the revision and you will benefit by chance

Question – Do you have an ethical obligation to inform the committee that your company
stands to benefit from this revision and that the person pointing out the revision will also
benefit?

Solution – You must disclose this clear conflict of interest to the committee. Code of
ethics states person must put the welfare of society above narrow personal interest – main
function of a standards committee is to serve public welfare not financial interests – you
should not participate on the vote of the revision final decision – you are under no
obligation to speak about the member who is proposing the revision unless u believe a
deliberate fraud is being perpetrated

Case Study 8.3 – Disclosing Errors in Plans and Specifications

You have been contracted out to fabricate gearboxes designed by Delta Designs. You
notice and error in the designs, and call the chief engineer at Delta. He tells you they are
the designer and you are the fabricator so you should not be checking the design, and tells
you to proceed with the fabricating

Question – do you have an ethical obligation to continue to pursue this apparent

discrepancy? Does it make a difference if failure of the gearboxes would result in injury
or death rather than financial loss?

Solution – under code of ethics, the engineer has full obligation to make sure the client is
fully aware of the consequences of failing to follow the engineer’s advice. You should
follow up the phone call with a letter that describes your concerns and also asks for
written request to proceed. If he instructs you to proceed in writing you should proceed
unless you think the design flaws are obvious and serious

Case Study 8.4 – Disclosing Preliminary Mining Data

You are the company geologist, and the CEO asks for the preliminary lab results (ore
analysis). You present him with low preliminary ore content – he is not happy with the
results. You remind him that the detailed results will come in a few weeks and that these
are simply preliminary. He tells you not to disclose these results to anyone. Especially
because there is a share-holders meeting in a few days

Question – it is ethical to hide this information from the shareholders?

Solution – shareholders are indeed the ultimate owners of the company but they do not
run it. So CEO is responsible for directing the company’s operations and the geologist
has no legal or ethical duty to appoint anything to the shareholders.

Case Study 8.5 – Professional Accountability in Management

Turning a blind eye to problems at work is unethical – as a middle manager and Pengg.
you are accountable to your superiors, and to your profession if you knowingly allowed a
dishonest environment to flourish – even if she went to her boss with the concerns many
times – she has a duty to tell someone else.

Case Study 8.6 – Student Plagiarism

Oliver is an internship student nearing the end of his internship program. He is required
to submit a final report detailing work he did on his internship. He is an excellent student
and employee. His boss suggests he just re-format and submit and old students report
(boss has all old intern reports).

Question – should he submit a work report written by a former student as his own? Does
it matter that his boss suggested the idea? Is his boss guilty of anything?

Solution – No matter what plagiarism is unethical. Obviously he should not submit the
work report.

Case History 8.1: Vancouver Second narrows bridge Collapse

- In 1958 two spans of the Vancouver second narrows bridge
collapsed during construction. Eighteen workers were killed.
This was caused by the lateral buckling of beam-webs in a
temporary tower that was supporting the partially completed
bridge. Fairly simple calculation would have shown the beam-
webs were unsafe. This case history reminds engineers that
serious failures can occur during construction – in fact – risks
of failure may be higher for temporary supports, forms, and
scaffolds, b/c they are rarely analyzed as thoroughly as the
main, permanent structure.

Chapter 9: Ethical Problems in Private Practice and

Consulting

D.G. Johnson describes 3 points along the client-consultant relationship:

1. Independent Model – Client explains problem to consultant and turns over all
decision making to the consultant. Basically the consultant acts as the client and
makes all decisions – this is unacceptable usually as the client is unable to make
any choices
2. Balanced Model – consultant interacts with client providing advice and
evaluating risks and benefits – but the client makes the choice of action to follow
– similar to patient-doctor relationship
3. Agent Model - consultant is simply an agent or ‘order-taker’ for the client and
contacts the client for instructions before acting – usually also unacceptable since
the client does not make use of engineers knowledge
 Advertising – professional should maintain the dignity, honor, and integrity of the
profession – all advertisements must be factual, clear and dignified
- Engineer’s Seal or the Association’s Seal cannot be used in any
form of advertising
- Seals can’t be used on business cards or letterheads –
associations name and logo can be used only to signify
membership

USE OF THE ENGINEERS SEAL

- Each provincial act provides for engineers to obtain and use a
seal on approved documents. This seal is usually an inked
rubber stamp which indicates that the person named on the
stamp is licensed in that province
- Seal and stamp are used interchangeably
- All final documents/drawing must be DATED and have the
engineers SEAL and SIGNITURE

Relying on Work of others

- work done by others must never be accepted blindly – due
diligence must always be applied

Competitive Bidding – seeking professional services by lowest bid is neither illegal nor
unethical

Two main sources of liability in private practice are:

- breach of contract – failure to complete the obligations
specified in a contract
- negligence – failure to exercise due care in the performance of
engineering

Association of Consulting Engineers (ACEC) has a code of practice that applies to

member firms of ACEC and requires them to fulfill their duties with honesty, justice, and
courtesy towards society, clients, other engineers, and employees.

FIDIC – international federation of Consulting Engineers has adopted a code of Ethics

that guides the conduct of individual consulting engineers and member firms of
consulting engineers

Case Study 9.1: Benefiting From A Conflict of Interest

Beck is a consulting engineer in a small town. He has been elected to sit on the town
council as a councilor, a part time job that he does. Also, he is hired by a developer to
draw up plans for street layout etc. for a new subdivision in town. Developer’s
submission to town council includes Beck’s drawings and specifications. During the
town council meeting Beck votes to approve the subdivision but does not state his
relationship with the developer publically. He doesn’t conceal it either as his seal and
stamp is on the drawings presented

Question – in voting to approve this project, has Beck acted unethically?

Solution – In small towns with few engineers a conflict of interest is hard to avoid, and he
shouldn’t be not allowed to the job b/c he is doing a public service by sitting on town
council. However, he should have made an unequivocal statement of his involvement in
the project and then withdrawn from the debate and not voted

Case Study 9.2: Advertising Commercial Products

Firenze is a consulting engineer for a ATV company. The ad man suggests Firenze
appear on the commercial to endorse the vehicle’s safety features as an engineer and
safety expert. Firenze is a handsome guy and would enjoy the exposure.

Question - Would it be unethical for Firenze to appear in the television commercial and
make a statement endorsing the recreational vehicle?
Solution – there is risk here – Accuracy of Information (advertising appears to one’s
emotions rather than to logic) – Conflict of Interest (maybe he is using it to advance his
personal career, or please the employer) – Demeaning the Profession (will people believe
he is giving his honest opinion or what his boss said to say). In summary, if Fienze
agreed to serve as a company “pitch man” viewers would conclude he is reading a script
and this would reduce public esteem for the profession – breach of the code of ethics

Case Study 9.3: Contingency Fee Arrangements

Would it be ethical to offer your services on a contingency basis to either of the clients,
with the understanding that you would be paid as a percentage of the legal settlement (if
they win) or a percentage of the value of the energy savings (client b) .

Solution – 1) An expert witness is permitted to express opinions whereas a non expert

one provides facts. So, b/c you would be paid only if the outcome is good for your client
then you may have an impartial attitude – conflict of interest – unethical. Client should
be billed independent of outcome

2) there is no need for impartiality – your bias toward reducing energy

consumption could be beneficial to the client – duty to yourself and to your colleagues to
charge an adequate fee – from your study you believe this fee will be adequate – so its
not unethical

Case Study 9.4: Adherence To Plans

You are contracted to design a bridge and prepare drawings – when you go to the site to
inspect as the contractor asked you notice they deviated considerably from the drawings.
What should you do?
Solution – Once engineer passed sealed drawing to contractor he is out of control – the
deviations from the drawings must be evaluated and made sure that they are safe- in
writing the contractor should be notified that he cannot pour concrete until this has been
studied
Case Study 9.5: Fee Reduction For Similar Work
Johnson has designed a building for client A. Client B saw the building and wants a
similar building constructed for a lower fee (since she already has the design and needs to
alter it slightly). Is it ethical for Johnson to reduce fees??
Solution – first Johnson should clarify if she or client A owns copyright for the drawings.
Secondly, fees are determined by level of knowledge required, difficulty and scope,
responsibility that engineer must assume, urgency/time frame, time required. Only the
last two might be reduced b/c of previous project. If client A was requesting it, it would
be ok, but client b would benefits from receiving a design that has been tested already. So
it would be unethical to reduce fees.

Case Study 9.6: Alleged Collusion in Fee Setting

Large corporation asks for bids for a job from 3 consulting firms. They all state their fees
would follow the schedule published by the provincial Association. The corporation
decides if they have their own engineers do the initial work and supervise, they should
get a fee reduction. They ask the companies to submit how much the fee reduction would
be. All three companies meet and discuss and then submit the same amount as a fee
reduction. Corporation complains that the engineers are colluding in their bids and that
this is unethical if not illegal.

Solution – the procedure for engaging consulting engineers is fairly well established – the
procedure provides for competition on the basis of qualifications, experience scheduling,
and service – it discourages competition based on price alone – although competitive
bidding is not illegal or unethical, corporations must make the basis for selection clear
when issuing the request for proposal
- The cooperative action by the firms is not unethical – at no time was it made clear that
the corporation wanted competition on a fee basis, and the complain after the fact reveals
an apparent misunderstanding on the part of the corporation

Chapter 10: Environmental Threats and Hazards

Lifestyle of North Americans involves high resource consumption and extremely high
energy usage – the result is air pollution, water pollution, acid rain, greenhouse effect,
ozone depletion, and the growing problem of waste disposal

Waste Disposal
- most common degradation of the environment involves the
indiscriminate disposal of wastes – solid, liquid or gaseous – as
by products of manufacturing, processing, or construction
- best way to solve the waste problem is to reduce the volume of
waste through more efficient use of resources, and to reuse or
recycle waste materials whenever possible
Air Pollution
- best known are sulphur oxides and nitrogen oxides
 - sulphur oxides are created mainly by the burning of fossil fuels
such as coal and petroleum – SO2 is a foul-smelling gas that
reacts with oxygen in the atmosphere to form SO3 which then
combines with water to yield sulphuric acid droplets
- emissions have reduced since the switch from coal to natural
gas
- SO2 is damaging to plant life, corrode metals, and irritate
human lungs
- Besides SO2 burning fossil fuels causes air pollution – exhaust
gases contain carbon monoxide, etc.
- Nitrogen oxides result of high combustion temperatures,
principally from motor vehicles – plays double role in air
pollution – 1) is a component in the formation of
photochemical smog and 2) is toxic in its own right
Acid Rain
- both sulphur oxides and nitrogen oxides are implicated b/c they
form sulphuric and nitric acids in the atmosphere and cause
rainfall to become more acidic than normally would be
- rain is acid rain when pH falls below 5 (water is 7)
- harms fish, trees, farms, buildings and cars
- humans harmed b/c acidity leaches magnesium and aluminum
out of soil and concentrates them in water
- effective way to reduce acid rain is to reduce acid emissions
and low pH levels in lakes can be reversed by adding lime to
neutralize the acid
Water Pollution
-6 sources of water pollution are disease-causing bacteria,
organic waste decaying in the water, reducting the dissolved
oxygen content, fertilizers that stimulate plant growth and also
depress oxygen levels, toxic materials, acid rain, waste heat
- Cholera and typhoid are unknown in Canada as a result of
sewage treatment and use of chlorine
Global Warming and Ozone Depletion
- change in planet’s climate caused directly or indirectly by
human emissions of greenhouse gases into the atmosphere
- effect is caused by emissions of carbon dioxide, methane,
nitrogen dioxide, ozone, and chlorofluorocarbons
- predicted several climate changes for future – highest global
temps, rate of change of temp will be high, rise in sea level,
increased evaporation will cause decreases in levels of lakes
and reservoirs , global warming will be greatest on land
particularly in north hemisphere in winter
- primary cause of ozone depletion is chloroflurocarbons

Energy conservation and Nuclear Power – CANDU reactor (nuclear)

 - nuclear energy has advantage of using fuel that is compact and
plentiful
- long term disposal concerns
- humans exposed to waste

Exponential Population Growth – limited resources – problem

Tragedy of the commons

- recurring destruction of common pastures
- each animal added to the herd yields a benefit to the owner but
slightly reduces the food available to other animals
- tragedy of commons applied to environmental effects too –
selfish acts (littering as ex) degrade environment
- Tragedy of commons – a selfish individual imposes a general
degradation upon society in order to reap personal benefit

Chapter 11: Environmental Ethics

Duty to Society
- bound by code of ethics to protect the environment
- reasonable care, prudence, and scientific knowledge mean the
following
o knowledge of environmental law
o adequate technical knowledge
o thorough analysis
o insistence on high ethical standards

Duty to the Employer

- employee has obligation to employer – but employee must
refuse to carry out unethical activities if asked
- you may have to defend or explain your refusal – illegal
actions, actions contrary to code of ethics, or environmental
guidelines, actions contrary to conscience of the employee

Canadian Environmental Law

If your actions affect the environment, your first priority is to know the law and to follow
it – federal provincial and territorial governments have environmental laws and
regulations that may limit or regulation your activities – can be found easily on internet

- Canadian Environmental Protection Act – main federal law

regulating the environment – aimed mainly at preventing
pollution – waste management
- Fisheries Act – activities that may degrade any fish habitat
- Canadian Environmental Assessment Act – applies to projects
for which the government has decision making authority (land
manager, sourcing, funding, etc) – all projects must receive an
 appropriate degree of environmental assessment before they
can proceed

The KYOTO Protocol to Halt Global Warming

- is an international agreement to limit the emission of
greenhouse gases and thereby stop global warming and its
harmful side effects
- its controversial – it is a far-reaching attempt to reverse human
nature – it calls for immediate personal sacrifices – many
people are wary of its implementation costs, the proposal to
grant emission credits may be open to political abuses
- in 1997 in Kyoto (Japan), over 80 countries agreed to reduce
their emissions of greenhouse gases to an average level of 5.2
percent below 1990 levels by the year 2010 – each country was
allotted a different target
3 largest emitters of greenhouse gases per capita are Australia, USA, and Canada

- Canada’s target is to reduce CO2 emission by 570 MT by 2010

- But now b/c emissions have been given credit - by 240MT
Implementing Kyoto Protocol – ways to reach target:
- reduce domestic emissions
- increase carbon dioxide sinks
- implement measures jointly with another country
- “trade” emissions

Environmental Guidelines for Engineers and GeoScientists

- guidelines for environmental protection – a guideline on

environmental practice was developed by APPEGGA –
commit engineers to protecting the environment and
safeguarding the publics well-being

Environmental Guidelines for Corporations

- CERES: Coalition for Environmentally Responsible
Economies
- CERES 10 principles – protection of the biosphere, sustainable
use of natural resources, reduction and disposal of wastes,
energy conservation, risk reduction, safe products and services,
environmental restoration, informing the public, management
commitment, audits and reports

ISO 14000 series of environmental management standards – requires a commitment of

from senior management, a review of all environmental laws, audit of environmental
impact of the corporation’s projects. – by registering, a corporation shows they are
serious about environmental law and safety.
Duty to Report – WHISTLEBLOWING
- engineer who observes unsafe, unethical, or illegal practices
must take action
- personal contact and informal communication usually yields
the best results
- more aggressive approach is needed when human life is at risk
- first attempt to resolve problem yourself

Ethical Dilemma of Whistleblowing

- consider your duty to society as paramount
- but you have to consider duty to employer, colleagues as well
- whistleblowers are people who believe an organization is
engaged in unsafe, unethical or illegal practices and go public
with their charge, having tried with no success to have the
situation corrected through internal channels
- personal complaints or disputes are not proper basis for
whistleblowing
- think about three things – 1) informal resolution first 2)
confidentiality – report to the appropriate regulating body not
media, and 3) retaliation – employer may retaliate and fire you

Chapter 12 – Computer Ethics

ACM/IEEE Code of Ethics

Liability for software errors

- commercial computer programs usually include a disclaimer
stating clearly that in the event of malfunction, the
manufacturer and supplier will not be liable for any damages
whatsoever arising from the program’s use
- shifts responsibility to the user
- user is responsible for validation testing (validating and
verifying using hand calculations)

Using Commercial Software

- errors can exist in commercial software but it is usually the
user that causes the error b/c they don’t understand the
software
- before applying the software to your problem you should
 run dummy runs
 approximate analytical checks
 independent theoretical checks
 advanced methods
 complete duplication
Preventing software piracy
Never use copied or pirated software b/c
- illegality, breach of contract, no product support/updates,
unprofessional image, penalties and embarrassment

To combat hackers and crackers – firewalls and antivirus softwares

Chapter 13: Fairness and Equity in Engineering

Discrimination and Segregation – “the act of distinguishing one group from others, to its
detriment – the action of discerning, distinguishing things or people from others, and
making a difference

Employment equity is a comprehensive pro-active strategy designed to ensure that all

members of society have a fair and equal access to employment opportunities.- often
confused with quotas – not the same thing

Sexual Harassment
- 3 important characteristics
 Behavior is unwanted or unwelcome
 Behavior is sexual or related to the sex or gender of
the person
 Behavior occurs in context of a relationship where
on person has more formal power that the other, or
more informal power

Chapter 14 – Disciplinary Powers and Procedures

Provincial and territorial Associations of engineers has been delegated the powers to
prosecute people who practice unlawfully and to discipline licensed practitioners who are
found guilty of professional misconduct, negligence, or incompetence

Prosecution For Unlawful Practice

A person who is not a member or licensee of a provincial association but practices
engineering, uses the title Professional Engineer, uses a term or title to give the belief that
they are licensed, or uses a seal that leads to the belief that the person is licensed is guilty
of an offence under the Act.

Discipline for Professional Misconduct

- conducted within the Association by a discipline committee
formed of members of the governing council and other
professional engineers
- Six causes for disciplinary action – professional misconduct,
incompetence, negligence, breach of the Code of Ethics,
physical or mental incapacity, and conviction of a serious
offence
Professional Misconduct
- main source of complaints to provincial Associations
- “any conduct … detrimental to the best interests of the public”
or that “harms or tends to harm the standing of the profession
generally” as unprofessional conduct
- Ex – signing /sealing a drawing not prepared or checked by the
person signing
- General – “unprofessional actions”

Incompetence
- lack of knowledge, skill, or judgment or disregard for the
welfare of the public of a nature or to an extant that
demonstrates the member is unfit to carry out the
responsibilities of a professional engineer

Negligence
- “carelessness” or carrying out work that is below the accepted
standard of care or performance

Breach of Code of Ethics

- equivalent to professional misconduct

Physical or Mental Incapacity

- most acts include a physical or mental condition as the
definition of incompetence provided the condition is of a
nature and extent that, to protect the interests of the public

Conviction of an Offense
- should a member be found guilty of an offence under any other
Act, and should the nature or circumstances of the offence
affect the person’s suitability to practice as a professional
engineer then the person can be found guilty of professional
misconduct

The Disciplinary Process

- when a complaint of negligence, incompetence, or professional
misconduct is made against a licensed professional, it sets in
motion a three-stage process:
 gathering information
 evaluating the complaint
 conducting a formal hearing that renders a judgment
- to ensure compete impartiality, the 3 stages are usually carried
out by three different groups of people. No one who
participates at an earlier stage is permitted to participate in the
final hearing and judgment
 - first stage – association staff, second stage – complaints
committee or investigation committee, third stage – discipline
committee

Letter of advice – intended to warn a practitioner about actions that re not categorized by
the complaints committee as professional misconduct, but justify some potential concern

Stipulated Order – stipulated order process is a simpler form of a disciplinary hearing

for less serious cases – may be used instead of a formal hearing when the complaints
committee has reason to believe, after reviewing the complaint, that bylaws have been
breached but a formal hearing is not needed. The written consent of the complainant and
the accused engineer are required before the process can begin

Disciplinary Powers
- penalties that be meted out by the discipline committee are
fairly general – include fines and payment of costs but not
imprisonment
- revoke or suspend license – can be reprimanded or counseled –
pay costs of hearing and investigation – write exam/study –
impose a fine of up to 10,000 in Alberta .

Chapter 15 – Maintaining Professional Competence

Code of Ethics clause requires continued competence

- engineering education must be rejuvenated periodically

- CCPE – continued competency assurance of professional
engineers – requires engineers to participate in learning
experiences, record these experiences, and report them to the
Association annually

PDH – professional developing hour – equal to 1 contact hour of noncredit learning

CEU – Continuing Education unit – equal to 10 contact hours of noncredit learning
APEGGA suggests 240 PDHs for 3 years

Best way to maintain competence is to stay involved in interesting and advanced projects

- engineering societies can play a role in helping maintain

professional competence

EIC continuing Education Program

- doesn’t offer courses, however, it advertises more than thirty
course providers and provides links to their websites
Chapter 16 – Engineering Societies

Principle goal of engineering societies is to encourage research into new theories and
methods, to collect and classify this new information, and to disseminate it to members so
that it can be put to good use

EWB – engineers without borders is a registered charity dedicated to international

development

RedR – Registered engineers for disaster relief

Iron Ring and ritual of the calling of an engineer

- corporations of 7 wardens is a little-known group that has
performed a vital role in Canadian engineering for many
decades
- wardens arrange the Iron Ring ceremonies
- ceremony is a milestone in the engineers education