Ethics for the Desifiign Professional - The C&S Companies · Ethics for the Desifiign Professional Poole Professional – New York, Inc. ... • Corners cantilevered over other structures

Ethics for the i f iDesign Professional

Poole Professional – New York, Inc.

Learning ObjectivesLearning Objectives• Understanding Ethics g• Review the fundamental Ethics Canons • Understand some primary models for ethical p y

behavior• Develop strategies to recognize and manage

“ ” f thi l h i“gray areas” of ethical choices• Learn what today’s firms are doing to uphold

ethical practiceethical practice

What is ethics?How is ethical behavior defined?

“The study of moral standardsThe study of moral standards and how they affect conduct”

What Ethics is NotWhat Ethics is Not• FeelingsFeelings

What Ethics is NotWhat Ethics is Not• FeelingsFeelings• Religion


L• Law


L• Law• Culturally accepted

norms


L• Law• Culturally accepted

norms• ScienceScience

Can Ethics Be Taught?Can Ethics Be Taught?• Most say yesMost say yes• May be associated with higher education

Ed ti b ff ti• Education may be effective• Ability to think morally develops in stages

Markkula Center for Applied Ethics at Santa Clara Universitypp y

Three Stages of M l D l tMoral Development

• Preconventional levelPreconventional level– Child / authoritative figure

Conventional level• Conventional level– Adolescent / friends and family

• Post-conventional level– Adult / universal view

Ethical Canons f D i P f i lfor Design Professionals

Fundamental CanonsFundamental Canons of Design Professionals

• Promote public safety, health and welfare• Be competent in professional services• Be competent in professional services• Use objectivity/truthfulness in public

statementsstatements• Act as trusted advisor to clients/employer

Refrain from• Refrain from improper/deceptive/fraudulent acts

Fundamental CanonsFundamental Canons of Design Professionals (continued)

• Support environment/sustainability (AIA)F t f i l d l t f lf &• Foster professional development of self & staff (ASCE)

• Enhance the reputation/usefulness of the profession (NSPE)

Discussion PointDiscussion PointCan you nameCan you name some examples of ethical behavior

• Public HSW• Competent professional ethical behavior

that fall under each canon?

services• Trusted advisor

D ti /f d l t tcanon? • Deceptive/fraudulent acts• Environment/sustainability• Professional developmentProfessional development• Reputation of the

profession

Resolving Ethical Dilemmas Ethical Decision Making ModelsEthical Decision-Making Models

Resolving Ethical DilemmasResolving Ethical Dilemmas• Establishing ethical standards is difficultEstablishing ethical standards is difficult• On what do we base our ethical

standards?standards?• How do these standards apply?• Models for solving issues

Ends Based ThinkingEnds-Based Thinking• Do whatever produces the greatest goodDo whatever produces the greatest good

for the greatest number• Cost / benefit analysis• Cost / benefit analysis• Sometimes called “situation-based” • Relies upon assessing the consequences

of the actionMarkkula Center for Applied Ethics at Santa Clara University

Rule Based ThinkingRule-Based Thinking• A universal standardA universal standard• The rule is the rule is the rule; it

apples to all in all situationsapples to all in all situations• Follow the principle

Markkula Center for Applied Ethics at Santa Clara University

Care Based ThinkingCare-Based Thinking• Golden rule: do unto others as you wouldGolden rule: do unto others as you would

have them do unto you• Reversibility test• Reversibility test• Promotes interest of others


Ethi C St diEthics Case Studies

Basic Facts of CaseBasic Facts of Case• Citicorp Center in Manhattan• Citicorp Center in Manhattan• Structural Designer: William LeMessurier• $175 million project• Foot print almost 1 city block, shared with a small church

and a plaza, surrounded by other buildings• 59-story tower on four massive 9-story stilts, centered on

h ideach side• Corners cantilevered over other structures• Unique wind-bracing design, wind-brace joints to be q g g , j

welded• Accounted for perpendicular winds as well as quartering

winds• Completed in 1977

Basic Facts of CaseBasic Facts of CaseSt ti i M 1978 L M i b i t ti• Starting in May 1978, LeMessurier begins to question structural integrity

• Discovers that a design calculation error was madeg• Learned by chance that wind-bracing joints were bolted

vs. welded as specified• Error could lead to failure in severe wind conditions• Error could lead to failure in severe wind conditions

Basic Facts of CaseBasic Facts of CaseSt ti i M 1978 L M i b i t ti• Starting in May 1978, LeMessurier begins to question structural integrity

• Discovers that a design calculation error was madeg• Learned by chance that wind-bracing joints were bolted

vs. welded as specified• Error could lead to failure in severe wind conditions• Error could lead to failure in severe wind conditions• Advises architect and client of problem• Works with architect, client and city to devise remedial

plan, including an emergency evacuation plan• Client and architect want to keep secret• City engineer goes along with the secret• City engineer goes along with the secret

Got Ethics?Got Ethics?• What would you do?What would you do?• Why?

NSPE BER CASE 98 9NSPE BER CASE 98-9Basic Facts of Case• Structural engineer realizes, post-construction,

that design calculation error was madeError could lead to failure in severe wind• Error could lead to failure in severe wind conditions

• Advises architect and client of problemAdvises architect and client of problem• Works with architect, client and city to devise

remedial planp• Client and architect want to keep secret• City engineer goes along

with the secret

QuestionsQuestions

• Is it ethical for the structural engineer to comply with the client’s and architect’s p ydesire for secrecy?

• Is it ethical for the City engineer to maintain y gsecrecy?

NSPE BER CASE 98 9 ( ti d)NSPE BER CASE 98-9 (continued)

Business Practice ImplicationsBusiness Practice Implications• Positives

– acknowledged design error before major loss– worked with client and architect to correct problem

• Negativesmaintained secrecy– maintained secrecy

– negligence or willful misconduct– PL policy exclusion “any claims arising out of any

dishonest intentional fraudulent malicious willful ordishonest, intentional, fraudulent, malicious, willful or knowingly wrongful act”

NSPE BER CASE 98 9 ( ti d)NSPE BER CASE 98-9 (continued)

Board Decision• Not ethical for structural engineer toNot ethical for structural engineer to

maintain the secrecy requested by the client and architect

• Not ethical for City engineer to maintain secrecyy

Not that simple!Not that simple!

• Case 98-9 based on famous Citicorp Center in Manhattan by renowned engineer William y gLeMessurier.

• His obituaries cites him as a hero“…a structural engineer who became a hero to

other structural engineers when he detected and repaired a potentially catastrophic flaw…”

-The New York Times, June 21, 2007

Not that simple!Not that simple!

• Case 98-9 based on famous Citicorp Center in Manhattan by renowned engineer William y gLeMessurier.

• His obituaries cites him as a hero“…a structural engineer who became a hero to

other structural engineers when he detected and repaired a potentially catastrophic flaw…”

-The New York Times, June 21, 2007

“Your career achievements are many and stellar. They are secondary to your ethical prowess you reached your finest hour whenprowess…you reached your finest hour when you risked all you had to reveal, take responsibility for, and correct flaws in the bracing

t h d d i d B l i hsystem…you had designed. By valuing human life above your career and reputation, you prevented a cataclysmic event…and became a p ystriking exemplar of the ethical conduct so needed in today’s world.”

U Mass Dartmouth citation for Honorary Doctorate given to LeMessurierU Mass Dartmouth citation for Honorary Doctorate given to LeMessurierObituary in The Boston Globe, July 22, 2007

Another ViewAnother ViewEugene Kremer FAIA - Ethics professorEugene Kremer, FAIA Ethics professor

P f i l R ibilit• Professional Responsibility• Public Statements• Public Safety• Advancing Professional KnowledgeAdvancing Professional Knowledge

Which of the three ethicalWhich of the three ethical decision-making models was g

used?E d B d R l B d C B dEnds-Based, Rule-Based, Care-Based

Ethi C St dEthics Case Study

Black Lung Coal Co. v Breaker Engineeringv. Breaker Engineering

Basic Facts of CaseBasic Facts of Case• Breaker Engineering: process engineering firm

specializing in pulp and paper millsspecializing in pulp and paper mills• Hired by Black Lung Coal to design coal

beneficiation plant• Error in design calculations for a pressure vessel • Decimal point was read as a comma• Pressure vessel undersized• Plant did not meet throughput• $5,000,000 policy limits paid

Black Lung Coal Co. v Breaker Engineeringv. Breaker Engineering

Business Practice Implications• Firm was capable, but specific resources

were not• Ensure technical competency / experienceEnsure technical competency / experience• Implement project selection procedure

Setting and PromotingEthi l St d dEthical Standards

Firm-wide Strategies to Manage Ethicsto Manage Ethics

• Keep Code of Ethics visibleKeep Code of Ethics visible

Noteworthy ExamplesNoteworthy Examples• Day & Zimmerman• Day & Zimmerman

– Participant in defense industry initiative involving ethicsinvolving ethics

– Ethics Program on WebsiteB A i t• Bergmann Associates– Ethics Statement


• Keep Code of Ethics visibleKeep Code of Ethics visible• Designate an ethics officer

Add thi t th t i i d• Add ethics to the training agenda

Roadmap for Ethical Decision MakingEthical Decision Making • Recognize or identify the issueRecognize or identify the issue• Gather the facts• Evaluate the issue against theEvaluate the issue against the

different models• Make a decision and test itMake a decision and test it• Evaluate your result




Add thi t th t i i d• Add ethics to the training agenda• Association resources• Utilize good contract language

Public Responsibility ProvisionPublic Responsibility Provision• Acknowledgement of duties to publicg p• Client will not make requests to the

contrarycontrary• Client will act/report in a timely manner

C lt t t i i ht t i• Consultant retains right to exercise professional judgment

• Client waives action against Consultant



Add thi t th t i i d• Add ethics to the training agenda• Association resources• Utilize good contract language• Create an Action PlanCreate an Action Plan

Action PlanAction Plan• What are some areas within your firm thatWhat are some areas within your firm that

you feel could use some improvement related to Ethics?related to Ethics?

• What tools/resources would you propose to use to work on them?to use to work on them?

• Who will do this in your firm?• What is the timetable to start?• How will you know if it is working?y g

Assessment of LearningAssessment of LearningQuestion 1Q

Ethical behavior can be defined by which of the following:

A. LawsB. Religious beliefsC. Culturally accepted normsD N f h bD. None of the above.

Assessment of LearningAssessment of LearningQuestion 2Question 2Engineers, in the fulfillment of their professional

duties, must hold paramount:, p

A. Interest of the clientA. Interest of the clientB. The safety, health, and welfare of the publicC Competence of Professional ServicesC. Competence of Professional ServicesD. All of the above

Assessment of LearningAssessment of LearningQuestion 3QEnds-Based Thinking as a decision making model

focuses on:

A. The universal standardB. The Golden RuleC. Interests of othersD Th d f ll i l dD. The greatest good for all involved.

Assessment of LearningAssessment of LearningQuestion 4Question 4An A/E’s ethical responsibility when a site safety

violation is observed is to:

A. Seek out and warn the responsible partyA. Seek out and warn the responsible partyB. Document and communicate with the clientC Remain silent and leave the areaC. Remain silent and leave the areaD. Both A and B

Assessment of LearningAssessment of LearningQuestion 5QFirm wide strategies to manage ethical practice

should include all of the following except:

A. Designate an ethics officerB. Use Rules-Based decision model

exclusivelyC Keep appropriate Code of Ethics visibleC. Keep appropriate Code of Ethics visibleD. Create an Action Plan for ethical

managementmanagement

Assessment of LearningAssessment of LearningQuestion 6 – True or FalseQuestion 6 True or False

The average human’s ethics/morals areThe average human s ethics/morals are already formed by age 20, and they can not be altered later in life.


Engineers shall act for each employer orEngineers shall act for each employer or client as faithful agents or trustees.

Assessment of LearningAssessment of LearningQuestion 8 - True or FalseQuestion 8 True or False

Engineers and Architects may not beEngineers and Architects may not be required to follow the provisions of state or federal law when such actions could endanger or compromise their employer or their clients’ interests.

Assessment of LearningAssessment of LearningQuestion 9- True or FalseQuestion 9 True or False

Engineers or Architects shall not affix their signatures to plans or documents dealing g p gwith subject matter in which they lack competence, but may affix their signatures to plans or documents not prepared under their direction and control where they have a good faith belief that such plans ora good faith belief that such plans or documents were competently prepared by another designated party.another designated party.


A Public Responsibility Provision in yourA Public Responsibility Provision in your contracts will help uphold your ethical obligations to your profession and the g y ppublic while conducting business.

Key Resources

• XL Design Professional Insurance Company

• Markkula Center for Applied Ethics at Santa Clara University

• AIA, ASCE, NSPE and other professional associations

• Eugene Kremer, “Ethical Paragon or Chimera”

Concluding ThoughtConcluding Thought“Rules of conduct whatever they mayRules of conduct, whatever they may be, are not sufficient to produce good

lt l th d htresults unless the ends sought are good.”

– Bertrand Russell

Speaker and Contact Information

Mary-Beth Rumble

Poole Professional – New York IncPoole Professional New York, Inc.

1160F Pittsford-Victor Rd.

Pittsford, NY 14534

800-371-1063

[email protected]

Documents

Ethics for the Desifiign Professional - The C&S Companies · Ethics for the Desifiign Professional Poole Professional – New York, Inc. ... • Corners cantilevered over other structures