2.

0 Profession and
Ethics

Er. Umesh Sukamani

Khwopa College of Engineering
 2.0 Profession and Ethics
• The term "moral behavior" is applied in
evaluating the personal conduct of a citizen
and is judged in comparison to society's
norms.

• The term "ethical behavior" is applied to that

citizen's conduct in professional matters and is
judged in comparison to the standards of the
profession,
• which are formally expressed in statements
called codes of Ethics .
2
 2.0 Profession and Ethics
A professional has specialized knowledge
that must be applied to serve four entities:
the employer, the client of the employer,
the profession, and, most importantly,
society.

The employee should be loyal to the

employer, honest with the client,
respectful of the profession, and sensitive
to the health and safety of the public.
Values such as loyalty, honesty, respect, and
sensitivity to public safety are emphasized in
professional codes of ethics. 3
 2.1 Profession and Characteristics
• A profession is a field of study with individuals who adhere
strictly to ethical standards, possessing specific knowledge
and skills acquired through high level of education for
contribution to the society.

• Every profession possesses code of ethics way beyond

moral or religious obligations, that regulate activities within it.

• Professionals are expected to be disciplined,

bound by these codes in the profession. These
codes differ from profession to profession, and they
constitute the characteristics of each.
4
 2.1 Profession and Characteristics
Profession:
An occupation carried out with a systematic
knowledge acquired through specialized training or
education and experience and practicing the same.

Professional:
A person practicing a profession in area of
expertise.

Professionalism:
The content of profession with moral and ethical
behaviors. Professionals follow their code of conduct,
and standards and norms.
5
 Professional attitude & Behavior

 Four key elements that  Professional behavior:

demonstrate a 1.Punctual,
professional attitude. 2. appearance,
These are: 3.respect,
1.Treat other with 4.communication,
respect,
5. team work ,
2.Keep your word,
6. attitude,
3.Be loyal,
7. organizational skill
4.Exceed expectations
6
 Professionalism
 Professionalism is an adverb.
 Set of attitudes and behaviors
believed to be appropriate to a
particular occupation.
 It used to describe / type of
behavior expertise in a career .
 Professionalism can be applied
to almost any job.
 It can be a description of a Image courtesy of
ethicalsystems.org
single momentous act or used
as a description of job
performance. 7
 2.1 Profession and Characteristics
Professions are characterized by several key features

1.Specialized knowledge and education:

2.Professional associations:
3.Ethical codes and standards:
4.Autonomy and self-regulation:
5.Service orientation:
6.Professional identity and culture:
7.Accountability:
8
 2.1 Profession and Characteristics
Specialized knowledge and education:
One of the defining features of a profession is that it requires specialized
knowledge and education. Professionals must complete a formal program
of education and training, such as a degree program or apprenticeship
and an internship when necessary to acquire the required knowledge and
skills to practice their profession. This specialized knowledge and
education is often necessary to protect the public and ensure that
professionals are able to provide high-quality services.

Professional associations:
Many professions have professional associations that provide oversight
and support for members. These associations offer professional
development opportunities, networking events, and resources for
members. They also establish ethical codes and standards for members
to follow and provide disciplinary action when these standards are not met.
This helps to maintain the integrity and sacrosanctity of the profession.9
 2.1 Profession and Characteristics
Ethical codes and standards:
Professions have ethical codes and standards that guide the behavior of
members and promote professional conduct. It is one of the core
characteristics of a profession. These codes and standards may include
requirements for confidentiality, informed consent, and avoiding conflicts
of interest. They are intended to protect the public and ensure that
professionals act in the best interests of their clients or customers. They
contain the obligations of members, and disciplinary actions if they
go against these codes.

Autonomy and self-regulation:

Professions are typically self-regulated, meaning that they have the
authority to govern themselves and regulate their own members. This
means professionals are allowed to set and enforce their own standards
and practices, which can help to maintain high levels of quality and
integrity within the profession. 10
 2.1 Profession and Characteristics
Service orientation:
Professions are generally focused on serving the society,
rather than just making money or achieving personal
gain. This service orientation is often a key motivator for
professionals, and it can help to ensure that they act in the
best interests of their clients or customers. It is one of the
characteristics of a profession.

Professional identity and culture:

Professions often have a unique identity and culture that
differentiates them from other occupations. This identity and
culture may include shared values, beliefs, and practices
that are specific to the profession. Professionals may
also have a strong sense of identity and pride in their work,
which can help to foster a sense of community and
11
collaboration within the profession.
 2.1 Profession and Characteristics
Accountability:
Professions are accountable to the public and to their clients
or customers for their actions. This accountability is usually
regulated through the professional associations and ethical
codes guiding these associations. Professionals must act in
accordance with ethical codes and standards and be prepared
to face disciplinary action if these standards are not met.

12
2.2 Professional Institution

13
2.2 Professional Institution

14
2.2 Professional Institution

15
 Relation Between Client,
Consultant and Contractor

as per FIDIC stands for

Federation Internationale Des Ingeniers- Conseils
and in English- it is the “ International Federation of
(Independent) consulting Engineers”.
Construction Project Execution System

1) Three Actors System

(e.g. FIDIC contract)
2) Two Actors System
(e.g. NCB, Japanese system)

17
18
• Three main parties involved Employer , Engineer
Contractor.
• Employer enters into agreement with Engineer and
Contractor separately.
• No direct relation between Engineer and the
Contractor
• They work together to implement the contract
agreement
• The Engineer - not a party to the Contract and required
to act impartially despite being employed by the
Employer.
20
• Two main parties involved Employer &
Contractor.
• Employer enters into agreement with Contractor
• Engineer is representative of employer
• No direct relation between Engineer and the
Contractor
• They work together to implement the contract
agreement
Client evaluation to consultant:
Positively:
if the knowledge provided by consultant was valuable for the client.

Negatively:
sometimes client wants to be in control and keep the consultant on a
short leash.
consultant will benefit from the delay in project that delays in
completion of project and more consultancy fees for supervision.
Some of the Consultant staff are supporting the Contractor even he is
violating his contractual obligation.
Client and Consultant evaluation to contractor:

contractors not keen for quality but for

getting profits only.
contractor follow the instruction soon
if it is wrong.
Contractor and Consultant evaluation to client:

Clients are very tough.

 Relationship of engineering profession to
other professions

Relationship with fellow engineers:

Professional relationship with all the engineers, regardless of their

status, and even if the fellow engineer is a close relative
 “Engineers shall not attempt to injure, directly or indirectly, the
professional reputations, prospects, practice or employment of
other engineers, nor indiscriminately criticize the work of other
engineers”
 Criticize cautiously and objectively with respect to the person’s
professional status
 Have professional relationship
– Encourage fellow engineers to follow Code of Ethics
– Guide, train and orient freshly graduate engineers
– Create platform for information and knowledge sharing
– Support fellow engineers in professional development 25
 Examples of un-
professional behavior of
an engineer:
Time related:
• Late arrival in meetings/office/duty station, Late submission of
reports/deliverables,
Quality related:
• Failing to monitor quality of works performed, Failing to detect apparent
errors in drawings/designs
Meeting:
• Talking on phone during meeting/ loud ring tones of cell phones, Talking
with others during meeting, Late arrival, Taking frequent breaks, Any
activity that indicates that the meeting is of less importance to you.
Personal Manner:
• Shouting at subordinates/workers, Sloppy dress up/attention grabbing
hair style/ jewelry, Respect to others, especially to those who are less
fortunate.

26
Personal Integrity:
• Hiding conflict of interest, Accepting extra offer from client/contractor,
Disclosing client’s confidential information, Inconsistency in saying and
doing (hypocrite), Making judgment based on partial knowledge, like
determining the brand of cement or steel rod or
wire/transformer/turbine based on advertisement, rather than on test-
data. Inability to detect (and correct) apparent flaws in
drawings/designs, Inability to make appropriate judgment in a particular
situation.
Criminal offense:
• Forging document, Falsifying data, Accepting/offering bribes,
Abuse/misuse/disuse of authority: use of official property (vehicle,
building, equipment) for personal purpose, asking office personnel to do
personal works, nepotism), Plagiarism, Plotting against firm, client, other
engineers

27
Code of Conduct:
• Forgetting to sign on documents, Disregard
for code of conduct, standards, bylaws, and
norms, Advertisement in
newspaper/TV/Radio, Part time work as a
salesman, Attempt of undue influence,
Intentionally misleading public, client,
employer, Accepting offer from potential
client/contractor

Negligence:
• Using different coefficients from
engineering handbooks, without checking
their applicability in particular conditions,
Allowing breach of terms and conditions at
construction sites, Not checking
documents properly for formatting,
contents, etc. before submission.

28
 Law
It is described as the set of rules and regulation, created by
the government to govern the whole society.
 The law is universally accepted, recognized
and enforced. It is created with the purpose
of maintaining social order, peace, justice
in the society and to provide protection to
the general public and safeguard their
interest.
 It is made after considering ethical
principles and moral values.
 The law is made by the judicial system of
the country. Every person in the country is
bound to follow the law.
 It clearly defines what a person must or must not do. So,
in the case of the breach of law may result in the punishment
or penalty or sometimes both.
29
2.4. Ethics, Code of Ethics and Engineering Ethics

• Ethics, the discipline concerned with what

is morally good and bad and morally right and
wrong. The term is also applied to any system
or theory of moral values or principles.

 Can we justify living in

opulence while elsewhere in
the world people are starving?

 Is going to war justified in

cases where it is likely that
innocent people will be killed?
 2.4. Ethics, Code of Ethics and Engineering Ethics
• Its subject consists of the fundamental
issues of practical decision making, and
its major concerns include the nature of
ultimate value and the standards by
which human actions can be judged right
or wrong.
Ethics remains distinct from
such disciplines because it is not a matter of factual
knowledge in the way that the sciences and other
branches of inquiry are. Rather, it has to do with
determining the nature of normative theories and
applying these sets of principles to practical moral
problems.
 Engineering Ethics

 Engineering ethics is a set of

ethical standards for
engineers to follow which can
apply to most circumstances
that arise on the job.
These standards may vary depending on the jurisdiction or discipline at
hand. These ethical standards are the engineers’ obligations towards
the public, employers and the profession.
The purpose of engineering ethics is to identify specific ethical issues
that may arise in order to avoid a potential problem.
It encompasses the more general definition of ethics, but applies it more
specifically to situations involving engineers in their professional
lifes.
Engineering ethics is a social responsibility taken by engineering
32
professionals to ensure the welfare of the public.
• According to Saeed Moaveni
engineering codes of ethics are
important because, “An incompetent
and unethical surgeon could cause at
most the death of one man at one time
on the operating table, whereas an
incompetent and unethical engineer
could cause the deaths of hundreds of
people at one time. If an unethical
engineer, in order to save money,
designs a bridge or a part for an
airplane that does not meet the safety
requirements, hundreds of people’s
lives are at risk!” 33
 Importance of engineering ethics

1. Maintaining
Public Safety
2. Integrity
and Honesty
3. Promotes Public Confidence and Trust in the
Profession
4. Protects Clients and Employers from Harm
5.Promotes Ethical Decision-making in Circumstances
of Uncertainty 34
 Morals
The word “Morality” originates from the
Latin word “mos” meaning “custom”. Morals
are the principles or habits with respect to
right or wrong of one’s own conduct. They
are not imposed by anyone. Morals are
what you think is good and bad personally.
 Though morals are not imposed, they can be understood as the
preaching of our inner self. Depending on a few factors, our mind
filters things as good or bad. These are the ideas that help frame our
personality so that we can distinguish between what is right and
what is wrong.
 A moral is the code of conduct that you develop over time and set for
yourself to follow, just like
 Being good to everyone, Speaking only the truth
 Avoid cheating, Being a nice human being etc. 35
 Ethics vs Moral

1. Moral constitute a basic human marker of right conduct and

behavior, the ethics is more like a set of guidelines that define
accepted practices and behavior for a certain group of people.
2. Ethics relates to a society or a profession where morality is
related to an individual person.
3. Ethics relate more in a professional life while morals are what
individuals follow independently.
4. “Morals are how you treat people you know. Ethics are how you
treat people you don’t know”
5. Morals are the principles on which one’s judgments of right and
wrong are based. Ethics are principles of right conduct.
6. The morals are more abstract, subjective, and often personal or
religion-based, while ethics are more practical, conceived as
shared principles promoting fairness in social and business 36
interactions.
 How are ethics and law related?
Speeding to for an emergency, not waiting
for stop light during emergency
Coming to class

Illegal & Legal &

Ethical Ethical

Illegal & Legal &

Unethical Unethical
sharing the content of an exam for
Fraud, theft, murder
the students who have not yet
taken the exam
 Ethical Violations
1. A shopkeeper cleverly changes
the expiry date on food items so
they can be kept longer on the
shelf. (Data falsification)
2. A student copies paragraphs from
a textbook to answer questions in
an assignment, because she
thinks it is fine to do so.
(Unintentional plagiarism)
3. A student has not studied for 4. A professor is on the
his examination and copies selection committee for a
the writing of his neighbor in scholarship for which her
the exam hall when no-one is nephew is applying.
looking. (Intentional (Potential conflict of
plagiarism) interest)
38
 Codes of Ethics
Accreditation Board of Engineering and Technology
(ABET) Code of Ethics for Engineers:

Founded: May 10, 1932

Headquarters: Baltimore, Maryland, US
Founders: Institute of Electrical and Electronics Engineers

1. Engineers shall hold paramount the safety, health,

and welfare of the public in the performance of
their professional duties.
2. Engineers shall perform services only in the areas
of their competence.
3. Engineers shall issue public statements only in an
objective and truthful manner. 39
4.Engineers shall act in professional matters for each
employer or client as faithful agents or trustees, and
shall avoid conflicts of interest.
5.Engineers shall build their professional reputation on
the merit of their services and shall not compete
unfairly with others.
6.Engineers shall act in such a manner as to uphold and
enhance the honor, integrity, and dignity of the
profession.
7.Engineers shall continue their professional
development throughout their careers and shall
provide opportunities for the professional
development of those engineers under their
supervision.
40
 IEEE Code of Ethics

1. To accept responsibility in making decisions consistent

with the safety, health, and welfare of the public, and
to disclose promptly factors that might endanger the
public or the environment.
2. To avoid real or perceived conflicts of interest
whenever possible, and to disclose them to affected
parties when they do exist.
3. To be honest and realistic in stating claims or
estimates based on available data.
4. To reject bribery in all its forms.
5. To improve the understanding of technology; its
appropriate application, and potential consequences.41
6. To maintain and improve our technical competence
and to undertake technological tasks for others only if
qualified by training or experience, or after full
disclosure of pertinent limitations.
7. To seek, accept, and offer honest criticism of
technical work, to acknowledge and correct errors,
and to credit properly the contributions of others.
8. To treat fairly all persons and to not engage in acts of
discrimination based on race, religion, gender,
disability, age, national origin, sexual orientation,
gender identity, or gender expression.
9. To avoid injuring others, their property, reputation, or
employment by false or malicious action.
10.To assist colleagues and co-workers in their
professional development and to support them in
following this code of ethics.
42
American Society of Civil Engineers (ASCE)
Headquarters: Reston, Virginia, United States
Revenue: 49.4 million USD (2022)
Subsidiary: Council on Disaster Reduction
Founded: November 5, 1852

1. Engineers shall hold paramount the safety, health,

and welfare of the public and shall strive to
comply with the principles of sustainable
development in the performance of their
professional duties.
2. Engineers shall perform services only in areas of
their competence.
43
3. Engineers shall issue public statements only in an
objective and truthful manner.
4. Engineers shall act in professional matters for each
employer or client as faithful agents or trustees,
and shall avoid conflicts of interest.
5. Engineers shall build their professional reputation
on the merit of their services and shall not
compete unfairly with others.

44
6. Engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and
dignity of the engineering profession and shall
act with zero tolerance for bribery, fraud, and
corruption.
7. Engineers shall continue their professional
development throughout their careers, and
shall provide opportunities for the
professional development of those engineers
under their supervision.
45
 NEC code of ethics

1. Discipline and Honesty: The Engineering service/profession

must be conducted in a disciplined manner with honesty, not
contravening professional dignity and well-being.
2. Politeness and Confidentiality: Engineering services for
customers should be dealt with in a polite manner and
professional information should remain confidential except
with written or verbal consent of the customers concerned.
This, however, is not deemed to be a restriction to provide
such information to the concerned authority as per the
existing laws.
3. Non-discrimination: No discrimination should be made
against customers on the grounds of religion, sex, caste or
any other things while applying professional knowledge and
skills.
46
4.Professional Work: Individuals should only do professional
work in their field or provide recommendation or
suggestions only within the area of their study or obtained
knowledge or skills. With regards to the works not falling
within the subject of one's profession , such as works should
be recommended to be done by an experts of the subject
matter.

5.Deeds which may cause harm to the engineering profession:

With the exception of salary, allowance, and benefits to be
received for services provided, one shall not obtain improper
financial gain of any kind of conduct improper activities of
any kinds, which would impair the engineering profession.

47
6.Personal responsibility: All individuals will be personally
responsible for all works performed in connection with
his/her engineering profession.

7.State name ,designation and registration number: While

signing the documents or descriptions such as the design ,
map , specification and estimates etc relating to the
Engineering profession , the details should include, the name
, designation and NEC registration No. and should be stated in
a clear and comprehensive manner.

8. No publicity or advertisement to be made which cause

unnecessary effects: In connection with the professional
activities to be carried out, no publicity or advertisement shall
be made so as to cause unnecessary effects upon the
customers.

48
 Moral dilemma on ethical
decision making

 Ethical decision, which is legal and follows all the

prevailing rules, regulations, and standards, and is
beneficial to the client, may result in
(a) environmental damage beyond the limit
what the engineer considers to be moral,
(b) reduced public safety,
(c)loss to helpless, voiceless, marginalized
stakeholders. Such a situation creates a
moral dilemma to an engineer. 49
Characteristics of Ethical Decision Making

50
 Characteristics of Ethical Decision Making
 Ethical decisions hold paramount the safety, health
and welfare of the public, over financial profit.
 Ethical decisions uphold and enhance the honor,
integrity and dignity of the profession,
 Ethical decisions uphold integrity
– free from conflict of interest
– Abide by all prevailing laws, rules, regulations
– Follows guidelines, directives, bylaws, codes
– Follows applicable codes of conduct
–Fair, honest, transparent, aspires highest quality
and open communication
51
 Ethical decisions reflect loyalty to client,
organization, and society
 Respect: culture, social customs, practices, self
respect of others, customer, environment
 Concern: Concern to the benefit of all
stakeholders: Client, public, government, material
suppliers, worker, contractor, consultant, funding
agency

52
The steps of the ethical decision making process

53
 The steps of the ethical decision making process
1. Gather the facts
2. Define the ethical issues
3. Identify the affected parties (stakeholders)
4. Identify the consequences
5. Identify the obligations (principles, rights, justice)
6. Consider your character and integrity
7. Think creatively about potential actions
8. Check your gut
9.Decide on the proper ethical action and be
prepared to deal with opposing arguments 54
 Gather the facts
Don’t jump to conclusions without the facts
 Questions to ask: Who, what, where, when, how,
and why.
 However, facts may be difficult to find because of
the uncertainty often found around ethical issues
 Some facts are not available
 Assemble as many facts as possible before
proceeding
 Clarify what assumptions you are making!

55
 Define the ethical issue(s)

 Don’t jump to solutions without first identifying the

ethical issue(s) in the situation.
 Define the ethical basis for the issue you want to
focus on.
 There may be multiple ethical issues – focus on
one major one at a time.

56
 Identify the affected parties
 Identify all of the stakeholders
 Who are the primary or direct stakeholders?
 Who are the secondary or indirect stakeholders?
 Why are they stakeholders for the issue?
 Perspective-taking -- Try to see things through the
eyes of those individuals affected

57
 Identify the consequences
 Think about potential positive and negative consequences for
affected parties by the decision (Focus on primary stakeholders to
simplify analysis until you become comfortable with the process).
 What are the magnitude of the consequences and the probability
that the consequences will happen.
 Short term vs. Long term consequences – will decision be valid
over time.
 Broader systemic consequences – tied to symbolic and secrecy
 Symbolic consequences – Each decision sends a message.
 Secrecy consequences – What are the consequences if the
decision or action becomes public?
 Did you consider relevant cognitive barriers/biases?
 Consider what your decision would be based only on
consequences – then move on and see if it is similar given other
considerations.
58
 Identify the relevant principles, rights, and justice
issues
Obligations should be thought of in terms of principles and rights involved
A) What obligations are created because of particular ethical principles you
might use in the situation?
Examples: Do no harm; Do unto others as you would have them do unto
you; Do what you would have anyone in your shoes do in the given context.
B) What obligations are created because of the specific rights of the
stakeholders?
What rights are more basic vs. secondary in nature? Which help protect an
individual’s basic autonomy?
What types of rights are involved – negative or positive?
C) What concepts of justice (fairness) are relevant – distributive or procedural
justice?
Did you consider any relevant cognitive barriers/biases?
Formulate the appropriate decision or action based solely on the above
analysis of these obligations.

59
 Consider your character & integrity
 Consider what your relevant community members
would consider to be the kind of decision that an
individual of integrity would make in this situation.
 What specific virtues are relevant in the situation?
 Disclosure rule – what would you do if the New York
Times reported your action and everyone was to read
it.
 Think about how your decision will be remembered
when you are gone.
 Did you consider any relevant cognitive
biases/barriers?
 What decision would you come to based solely on
character considerations?
60
 Think creatively about potential actions
 Be sure you have not been unnecessarily forced
into a corner
 You may have some choices or alternatives that
have not been considered
 If you have come up with solutions “a” and “b,” try
to brainstorm and come up with a “c” solution that
might satisfy the interests of the primary parties
involved in the situation.

61
 Check your gut
 Even though the prior steps have argued for a
highly rational process, it is always good to “check
your gut.”
 Intuition is gaining credibility as a source for good
decision making – knowing something is not
“right.” Particularly relevant if you have a lot of
experience in the area – expert decision-making.

62
 Decide on your course of action and prepare
responses to those who may oppose your position
 Consider potential actions based on the consequences,
obligations, and character approaches.
 Do you come up with similar answers from the
different perspectives?
 Do the obligation and character help you “check” the
consequentiality preferred action?
 How can you protect the rights of those involved (or
your own character) while still maximizing the overall
good for all of the stakeholders?
 What arguments are most compelling to you to justify
the action ethically? How will you respond to those
with opposing viewpoints?
63
 How to Resolve Ethical Dilemmas
• Identify relevant facts
• Identify relevant issue(s)
• Identify primary stakeholders
• Identify possible solutions
• Evaluate each possible solution
• Compare and assess consequences
• Decide on solution
• Take action

64
 Forms of unethical conduct

1. Favoritism
2. Yes boss culture
3. Gifts, meals, services or entertainment
4. Compromise on quality
5. Conflict of interest
6. Bribery
7. Unfair conduct/ decision
8. Fraud

65
 Reasons making difficult to follow
codes of conduct
1. Corrupt politics /politicians in country
2. Weak system( Muscle power and money being
more powerful than system)
3. Low morale of the engineers
4. Very strict code of conduct

66
How to Evaluate Solutions : Some Theories

1. Eternal law of ethics.

2. Utilitarian law of ethics.
3. Universalism law of ethics.
4. Distributive justice law of ethics.
5. Personal liberty law of ethics.

67
 Eternal law of ethics
 The eternal law of moral is the set of standards of
goods behaviors based on the nature and the
scriptures.
 By studying the nature and scriptures, common sets of
moral standards are set.
 The set of morals standards should be obvious to
anyone who takes time to study the nature of
scriptures. Everyone should act in accordance with the
common set of standards.
 It is the law which God in the creation of man infused
into him for his direction and preservation.
 These laws are general rules or principles. “Do onto
others as you would have others do onto you” is an
example.
68
69
 Utilitarian law of ethics
 The professional or individuals should act in the
way to creating the greatest benefits for the
largest numbers of people.
 It sit based upon the outcomes or results of the
act.
 This law of ethics arose from the teleology theory.
In Greek, ‘teleo’ means outcome or result.
 Person will do the right thing if
the consequences of his or her actions are good.
 Additionally, if an action by a person was an act
that was “not good,” but the consequences turned
out to be “good,” under some theories of
teleological reasoning, the act may be deemed a
good ethical act.
 So a person should be aware of his or her act for
its results or outcomes.

70
 Universalism law of ethics
 This law of ethics is based upon the motive or intent of the
doers.
 It states that the professionals must have good motives
behind their doings.
 This law comes from ‘Deontological theory’, wherein ‘Doen’
in Greek means duties and obligations.
 Ethical Actions follow universal moral laws. Such as don't lie,
cheat, steal
 It Just requires that people follow the rules and do their duty.
 For example, in the case of universal human rights protection,
these rights are regarded to be applicable to all human
beings.
 A professional as an engineer, has duties and obligations
towards the societies they live in. 71
 Distributive justice law of ethics
Law based upon the primacy of justice equal to all.
Rules and laws apply to all people. The
professionals must have back in the mind that the
law applies equally to all.
The outgrowth of equality today is the result of
this law.

72
 Personal liberty law of ethics
• This law of ethics is based upon the personal liberty.
• This law states that any act which violates
anybody’s personal liberty even if the act creates
greater benefits for the larger number of people is
not accepted.
• Any action of professional or individual must not
violates anybody’s liberty at all.

73
 Engineering
The Accreditation Board for Engineering and Technology
(ABET) defines engineering as:
“the profession in which a knowledge of the mathematical
and natural sciences gained by study, experience, and practice
is applied with judgment to develop ways to utilize,
economically, the materials and forces of nature for the benefit
of mankind.”

Both the engineer and the scientist are thoroughly educated in

the mathematical and natural sciences, but the scientist
primarily uses this knowledge to acquire new knowledge,
whereas the engineer applies the knowledge to design and
develop usable devices, structures and processes. In the other
words, the scientist seeks to know, the engineer aims to do.

74
Engineer & Scientist Scientist: uses his creative talent in
developing new, fundamental concepts of the universe.
Engineer: uses his creative talent to apply those fundamental
concepts in new ways.

• Engineering Team Engineer - Applies knowledge of math and

physical sciences to the efficient design and construction of
usable devices, structures and processes.
• Technologist - Focuses on direct application of established
engineering principles and processes. Math, physical
sciences, and underlying engineering theory receive limited
coverage. More interested in hardware and processes.
• Technician - Completes a 2 year degree in a narrow technical
area such as electronics, drafting, or machining.
• Craftsman -Training may be a combination of schooling and
work experience. Examples include, welders, machinists,
electricians, carpenters, painters, and steel workers.
75
 Duties of the engineer

The function of the scientist is to know, while that

of the engineer is to do
Unlike the scientists, the engineer is not free to
select the problem that interests him must solve
problems as they arise
Be efficient. Cost effective and
Engineering solution is the optimum
Social dimension must be incorporated

76
 Engineering Cycle

Iron Triangle of
Engineering
In 2023 the average $1000 laptop will have the same computing power
as a human brain.
25 yrs. after that same average laptop will have the power of all the
1/6/2024
human brains currently on Earth. 77
 Resources
Engineers employ two types of natural resources
 materials and
energy.
Most resources are limited,
new resources
efficient utilization

78
 Contribution
Results of engineering
activities contribute to
the welfare of mankind
by:
– furnishing food, shelter,
and comfort
– making work,
transportation and
communication easier
and safer
– making life pleasant and
rewarding
79
Functions
Research
Development
Design
Construction
Production
Maintenance
Rehabilitation
Management

80
 Responsibilities

Transform dream into reality

Ensure safety
Make cost effective
Maintain transparency
Be efficient
Involve society
Solve problems
Take proper decision

81
 Liability and Negligence

 Liability is a troublesome responsibility.

 It is a legal binding or an obligation.
 Engineers are active actors in the society to raise the
life of people by creating facilities and services.
 When enough attentions towards all parties are not
paid, liabilities are likely to occur.
 Liabilities occur because of negligence in performance.
 The liabilities that most engineers face are tort liability.

82
 Tort liability
Sometimes while performing engineering duties,
engineers happen to harm or damage to other
unconcerned, nonrelated person or property.
The engineer performs job more attentively
towards their clients, but even doing so, they
happen to cause damages or harms to those who
are not related to the jobs at all.

83
That happens because of unnecessary negligence in
doing jobs.
 Incidental negligence seeks compensation for the
damages.
 The kind of negligence that harm unrelated person
or property and seek compensation is a tort liability.
 A "tort" is some kind of wrongful act that causes
harm to someone else.

84
 Negligence and Liabilities
Negligence in duty results in liabilities to stakeholder whose life,
health or property is damaged. Conditions for establishment
of professional negligence:
 Duty: Unless there is a contractual duty to perform a work
there is no negligence in the performance of the work.
 Breach: Unless there is a breach of the terms and conditions
of an agreement, professional negligence cannot be proved.
 Damages: Unless there is a specific damage to the claimant,
professional negligence cannot be established.
 Proximate cause: There should be direct (one-to-one)
relation between the specific action of a professional and the
damage resulted by the action to the claimant.

85
 Three sources of liability:
a) Liabilities due to contract: liable to fulfill all terms of contract; if
there is no contract, legally, there is no liability under this
category. An engineer is liable for loss of damage due to breach
of contract clauses. Contract law imposes liability on a party for
promises that the first has made to another party; liability
related to loss of a single person’s life/property.
b) Liabilities due to criminal law: liable to follow all prevailing
laws of nation, breach of law related to design, construction and
implementation of design can result in criminal case, whether
there is damage or not. Criminal law imposes liability on a party
due to illegal/ criminal acts; defendant has a liability to the
government/state.

86
c)Liabilities due to tort: liable to prevent
customers/users of products and services from loss
or damage; even if there is no specific contract and
no laws have been breached, an engineers can be
held liable for loss or damage to the customer due
to the use of services and products designed,
constructed, or implemented by the engineer. Pre-
information or pre-warning or disclaimer can
prevent an engineer from liability due to tort. Tort
provision is a legal mechanism for compensating
individuals injured by others, whether deliberate or
not; directed toward the compensation of
individuals, rather than the public. 87
 Two types of liability:
Vicarious Liability:
 Vicarious liability is a word which combined with two
elements which are vicarious and liability. Vicarious
means felt or experienced by reading or watching
about somebody else to do something rather than by
doing it yourself.
 And, liability means the state of being legally
responsible for something. Therefore, vicarious can be
defined as a concept used to impose strict liability on a
person who does not have primary liability, that is, not
at fault.
 Vicarious liability is not a tort. Literally, it means that
one person is liable for the torts of another. The
employer is liable for the torts of his employee.
88
 Vicarious liability:
 A company or a contractor/sub-contractor is liable for the
acts of its own and its employees. Three tests are used to
ascertain the degree of vicarious liability.
– Control test: degree of liability depends on level of control a
company has on its staff or contractor; the more control a
company has over a person (employee) the more liable the
company is.
– Business integration test: degree of liability depends on level
of business integration; the more the work of a person is
integrated into the work of a company, the more liable the
company is for the acts of the person, even if the person is
not a direct employee of the company.
– Multiple test: Control test, business integration test, and
other related factors are taken into consideration to
determine the degree of liability.
89
 Partnership Liability:

Liability of the partners in tort: The partners of a

company are liable for the acts of one (or more)
of its other partners.

90
 Liabilities of an engineer in project design
 Fitness for purpose: The design of a project (overall and component-wise)
should be proper to serve the purpose of the project.
 Negligent misstatement: The designers and professionals are expected not
to make any negligent or unsubstantiated misstatements.
 Statutes, bylaws and building regulations/codes: It is the duty of the
designers and professionals to make themselves fully aware of the statutes,
bylaws and codes related to their professional practice.
 Examination of site above and below the ground: Before finalizing a
design, a designer should know the conditions of the site above and below
the ground.
 Public and private rights: The design of a project should not contradict
with the public and private rights of the client and others who may be
affected by the design implementation.

91
 Plans, drawings and specifications: The design should
include detailed plan, drawing, and specification of each
component of the project and equipment
 Materials (quantity, quality and availability): The details of
the quantity and quality of materials to be used in a project
should be specifically mentioned. The availability of the
materials should be kept in mind while selecting the material
types.
 Novel, risky design and employers’ interference in design: A
designer may choose to use novel and risky design, and may
decide to incorporate employer/client’s idea in the design.
However, the designer is ultimately responsible for the safety
& fitness for purpose of the design implementation.
 Revision of design during construction: Even if the design is
revised during construction, the designer is ultimately
responsible for the safety & fitness for purpose of the design
implementation.
92
 Liabilities of engineers in project construction and
implementation
Completion of project in time, within budget
 With quality: material, workmanship, method of
construction
 Consistency: in quality, form
 Safety and welfare of project workers, people living
in and around project area, and people travelling
through or visiting the project area
 Follow applicable laws, rules, regulations,
guidelines, conventions, codes and bylaws
 Meet social obligations
93
Cases:

94
 Case:
Case: A client came to a designer’s and asked to
design a multistoried building. The soil type is found
not suitable for that type of structure. The designer
hesitated to design a building. The revealed his/her
intention as that he/she actually is not going to build
that structure but he/she wanted to collect fund from
outside sources on behalf of that design and he/she
wanted to utilize that money in other business.
Problem: What should a designer do in such
situation?
95
 Case:
• An election is to be held next month. One of the MPs
(Member of Parliament) of your constituency comes to you
and requests you to divert some of the budget to have a
feasibility survey of different road routes in your district to
give positive impression of his initiatives to the people
residing there. Being a technical executive officer of the
district, what would you do?

96
 Case:
• A student got NQ in the ABC subject and was barred to seat
in the final exam conducted by the university. The students
claimed to the teacher that he didn’t find the opportunity
to make up this NQ giving the betterment exam. Student
threats teacher and teacher felt uncomfortable to continue
the classes keeping such tension on the mind. How would
you judge the role of student and teacher in this case?

97
 Case:
• A production company invited you to attend a one
day interaction program to be organized at Hotel
Yak and Yeti, Kathmandu. A program includes
advertisement of the products, free distribution of a
hand bag and a dinner party. Will you attend that
program or not? Give reasons.

98