1. ECM 521 : Professional Ethics and Liability in Construction Pokhara University Nepal Engineering College Centre for the Post Graduate Studies 3. Professionalism and Code of Ethics: Introduction to Professionalism Characteristics of Profession Factors Affecting Moral of a Profession Code of Ethics of Engineering Societies

2. Introduction to Professionalism

3. 3 Profession Carpenter working in a Furniture shop Section Officer in a ministry An Engineer Working in a highway project A Doctor working in a private clinic A paid occupation, especially one that involves prolonged training and a formal qualification According to the Directive on Recognition of Professional Qualifications (2005/36/EC)- “those practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by those providing intellectual and conceptual services in the interest of the client and the public”.

4. 4 Profession A profession is something a little more than a job, it is a career for someone that wants to be part of society, who becomes competent in their chosen sector through training; maintains their skills through continuing professional development (CPD); and commits to behaving ethically, to protect the interests of the public. We all rely on professionals at many points of our lives – from dentists to teachers, from pension managers to careers advisers, from town planners to paramedics. We rely on professionals to be experts and to know what to do when we need them to.

5. 5 Profession- Definition A profession is a vocation founded upon specialized educational training, the purpose of which is to supply objective counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain. A profession has been further defined as: "a special type of occupation...(possessing) corporate solidarity...prolonged specialized training in a body of abstract knowledge, and a collectivity or service orientation...a vocational sub-culture which comprises implicit codes of behaviour, generates an esprit de corps among members of the same profession, and ensures them certain occupational advantages...(also) bureaucratic structures and monopolistic privileges to perform certain types of work...professional literature, legislation, etc."

6. Profession Medieval and early modern tradition recognised only three professions: divinity, medicine, and law—the so- called "learned professions". Major milestones which may mark an occupation being identified as a profession include. a.an occupation becomes a full-time occupation b.the establishment of a training school c.the establishment of a university school d.the establishment of a local association e.the establishment of a national association f.the introduction of codes of professional ethics g.the establishment of state licensing laws

7. Profession Formation of a profession – A profession arises when any trade or occupation transforms itself through "the development of formal qualifications based upon education, apprenticeship, and examinations, the emergence of regulatory bodies with powers to admit and discipline members, and some degree of monopoly rights." Regulation – Originally, any regulation of the professions was self-regulation through bodies such as the College of Physicians or the Inns of Court. With the growing role of government, statutory bodies have increasingly taken on this rôle, their members being appointed either by the profession or (increasingly) by government

8. Profession Autonomy – Professions tend to be autonomous, which means they have a high degree of control of their own affairs: "professionals are autonomous insofar as they can make independent judgments about their work". This usually means "the freedom to exercise their professional judgement. – "Professional autonomy is often described as a claim of professionals that has to serve primarily their own interests...this professional autonomy can only be maintained if members of the profession subject their activities and decisions to a critical evaluation by other members of the profession. – The concept of autonomy can therefore be seen to embrace not only judgement, but also self-interest and a continuous process of critical evaluation of ethics and procedures from within the profession itself.

9. Profession Status and prestige – Professions enjoy a high social status, regard and esteem conferred upon them by society. – All professions involve technical, specialised and highly skilled work often referred to "professional expertise. Power – All professions have power and is used to control its own members, and also its area of expertise and interests. – A profession tends to dominate, police and protect its area of expertise and the conduct of its members, and exercises a dominating influence over its entire field which means that professions can act monopolist, rebuffing competition from ancillary trades and occupations, as well as subordinating and controlling lesser but related trades. – A profession is characterized by the power and high prestige it has in society as a whole

10. Codes for Professions Requirements to be a Profession Professional Requires extensive skills Judgment: decision based on academic/formal training, gives serous impact to lives of people Discretion- in performing one’s duty and keeping confidentiality of patent… … Is Carpentry a Profession? 10

11. Codes for Professions Carpentry Require special skills But many work can be mechanized A little judgment and discretion required Training in Carpentry not formal but rather is practical So Carpentry doesn’t meet the requirements to be a profession 11

12. Characteristics of a Professions Larson says profession and professionals as- "high standards of professional and intellectual excellence,” "professions are occupations with special power and prestige,“ "an exclusive elite group,“ Members of a profession have also been defined as "workers whose qualities of detachment, autonomy, and group allegiance are more extensive than those found among other groups...their attributes include a high degree of systematic knowledge; strong community orientation and loyalty; self-regulation; and a system of rewards defined and administered by the community of workers." 12

13. Characteristics of a Professions There is considerable agreement about defining the characteristic features of a profession, they have a- – professional association, – cognitive base, – institutionalized training, – licensing, – work autonomy, – colleague control... (and) – code of ethics 13

14. Characteristics of a Professions providing essential services to the individual and the society, concerned with an identified area of need or function, possesses a body of knowledge and a repertoire of behaviours and skills Service in accordance with the most valid knowledge available based on one or more undergirding disciplines from which it builds its own applied knowledge and skills professional associations, which, within broad limits of social accountability agreed-upon performance standards 14

15. Characteristics of a Professions provided through a protracted preparation program, usually in a professional school on a college or university campus high level of public trust and confidence characterized by a strong service motivation and lifetime commitment to competence. authority to practice- derives from the client; accountability for the competence to the profession itself. relative freedom from direct on-the-job supervision and from direct public evaluation of the individual practitioner 15

16. Characteristics of a Professions THE FUNDAMENTAL CHARACTERISTICS OF A PROFESSION: Great responsibility Professionals deal in matters of vital importance to their clients and are therefore entrusted with grave responsibilities and obligations. Accountability Professionals hold themselves ultimately accountable for the quality of their work with the client. The profession may or may not have mechanisms in place to reinforce and ensure adherence to this principle among its members. If not, the individual professional will (e.g. guarantees and/or contractual provisions). Based on specialized, theoretical knowledge Professionals render specialized services based on theory, knowledge, and skills that are most often peculiar to their profession and generally beyond the understanding and/or capability of those outside of the profession. 16

17. Characteristics of a Professions THE FUNDAMENTAL CHARACTERISTICS OF A PROFESSION: Institutional preparation Professions typically require a significant period of hands-on, practical experience in the protected company of senior members before aspirants are recognized as professionals. After this provisional period, ongoing education toward professional development is compulsory. A profession may or may not require formal credentials and/or other standards for admission. Autonomy Professionals have control over and, correspondingly, ultimate responsibility for their own work. Professionals tend to define the terms, processes, and conditions of work to be performed for clients (either directly or as preconditions for their ongoing agency employment). Clients rather than customers Members of a profession exercise discrimination in choosing clients rather than simply accepting any interested party as a customer (as merchants do). Direct working relationships Professionals habitually work directly with their clients rather than through intermediaries or proxies. 17

18. Characteristics of a Professions THE FUNDAMENTAL CHARACTERISTICS OF A PROFESSION: Ethical constraints Due to the other characteristics on this list, there is a clear requirement for ethical constraints in the professions. Professionals are bound to a code of conduct or ethics specific to the distinct profession (and sometimes the individual). Merit-based In a profession, members achieve employment and success based on merit and corresponding voluntary relationships rather than on corrupted ideals such as social principle, mandated support, or extortion (e.g. union members are not professionals). Therefore, a professional is one who must attract clients and profits due to the merits of his work Capitalist morality The responsibilities inherent to the practice of a profession are impossible to rationally maintain without a moral foundation that flows from a recognition of the singular right of the individual to his own life, along with all of its inherent and potential sovereign value; a concept that only capitalism recognizes, upholds and protects 18

19. Moral: Definitions 1Moral – Adjective, Morale - Noun a : of or relating to principles of right and wrong in behaviour : ETHICAL b : expressing or teaching a conception of right behaviour c : conforming to a standard of right behaviour d : sanctioned by or operative on one's conscience or ethical judgment e : capable of right and wrong action 2: probable though not proved : VIRTUAL 3: perceptual or psychological rather than tangible or practical in nature or effect -Merriam Webster Dictionary

20. Factors Affecting Moral of a Professional

21. Morality Morality - (Latin moralitas "manner, character, proper behaviour") It is the differentiation of intentions, decisions, and actions between those that are "good" (or right) and those that are "bad" (or wrong). The philosophy of morality is ethics. A moral code is a system of morality (according to a particular philosophy, religion, culture, etc.) and a moral is any one practice or teaching within a moral code. Morality may also be specifically synonymous with "goodness" or "rightness.“ An example of a moral code is the Golden Rule which states that, "One should treat others as one would like others to treat oneself

22. Morality and ethics Ethics (also known as moral philosophy) is that branch of philosophy which addresses questions about morality. The word 'ethics' is "commonly used interchangeably with 'morality‘ Likewise, certain types of ethical theories, especially deontological ethics, sometimes distinguish between 'ethics' and 'morals': "Although the morality of people and their ethics amounts to the same thing, there is a usage that restricts morality to systems such as that of Kant, based on notions such as duty, obligation, and principles of conduct, reserving ethics for the more Aristotelian approach to practical reasoning, based on the notion of a virtue, and generally avoiding the separation of 'moral' considerations from other practical considerations

23. Morality and ethics "Although Morality and Ethics are often used as synonyms, morals are beliefs based on practices or teachings regarding how people conduct themselves in personal relationships and in society, while ethics refers to a set or system of principles, or a philosophy or theory behind them. When comparing morality with ethics, the word ethics is often used to refer to a philosophical analysis of a particular morality, especially when the formal definition is applied.

24. Morality: Descriptive and normative In its descriptive sense, "morality" refers to personal or cultural values, codes of conduct or social mores. It does not connote objective claims of right or wrong, but only refers to that which is considered right or wrong. Descriptive ethics is the branch of philosophy which studies morality in this sense. In its normative sense, "morality" refers to whatever (if anything) is actually right or wrong, which may be independent of the values or mores held by any particular peoples or cultures. Normative ethics is the branch of philosophy which studies morality in this sense.

25. Code of Ethics :Definitions A written set of guidelines issued by an organization to its workers and management to help them conduct their actions in accordance with its primary values and ethical standards. A guide of principles designed to help professionals conduct business honestly and with integrity. A code of ethics document may outline the mission and values of the business or organization, how professionals are supposed to approach problems, the ethical principles based on the organization's core values and the standards to which the professional will be held. 25

26. Code of Ethics :Definitions A set of principles and rules used by companies, professional organizations and individuals to govern their decision making in choosing between right and wrong. Depending on the context of a given code of ethics, penalties and/or sanctions may result from a violation. Generally used in the business and professional context to assure the public that corporations and members of regulated professions are acting in a socially and professionally acceptable manner. Organizations with an established and published code of ethics have in place review processes and appeals procedures to guard against malicious or self-serving use of the code for individual benefit. 26

27. Code of Ethics :Definitions Both businesses and trade organizations typically have some sort of code of ethics that its employees or members are supposed to follow. Breaking the code of ethics can result in termination or dismissal from the organization. A code of ethics is important because it clearly lays our the "rules" for behaviour and provides a pre-emptive warning. 27

28. 28 Code of Ethics Codes of Ethic express – The rights – Duties – Obligations of the members of the profession

29. 29 How does a code of ethics help achieve goals? Help create environment within a profession where ethical behavior is the norm Serves as a guide or reminder of how to act in a specific situation Code provides a backup for an individual who is being pressured by a superior to behave unethically A support for a collective sense of correct behavior Code can indicate to others that the profession is seriously concerned about responsibility, professional conduct.

30. 30 Importance of Codes (refer: Martin, M.W.) Serving and Protecting the public: – Professionals stand in a fiduciary relationship with the public. – Code of ethics functions as a commitment by the profession as a whole that engineers will serve the public health, safety and welfare. Guidance: – Codes provide general guidance on the main obligation of engineers.

31. 31 Importance of Codes (contd.) Inspiration: – Code expresses collective commitment to ethics – Positive motivation for ethical conduct Shared standards: – Profession establishes explicit standards – Public is assured of a minimum standard of excellence on which it can depend engineers.

32. 32 Importance of Codes (contd.) Support for responsible professionals: – Positive support to professionals to act ethically – Can serve as legal support for engineers for professional obligations Education and mutual understanding: – Widely circulated and officially approved by professional societies – Codes can be used in the classroom to discuss and reflect moral issue

33. 33 Importance of Codes (contd.) Discipline: – Formal basis for investigating unethical conduct – Some professional societies do suspend or expel members whose professional conduct has been proven unethical Contributing to the professional’s image – Codes can present a positive image to the public – Can help engineers more effectively serve the public where the image is warranted

34. 34 What a code of ethic is not? Is not a recipe for ethical behavior; it is only a framework for arriving at good ethical choice Is never a substitute for sound judgment Is not a legal document????? Code of ethics doesn’t create new moral or ethical principles. These principles are well established in the society, and foundations of such go many centuries back.

35. Code of Ethics of Engineers Engineers have obligations to the public, their clients, employers and the profession. Many engineering societies have established codes of practice and codes of ethics to guide members and inform the public at large. Each engineering discipline and professional society maintains a code of ethics, which the members pledge to uphold. Depending on their specializations, engineers may also be governed by specific statute, whistle blowing, product liability laws, and often the principles of business ethics. 35

36. Codes for Individuals Individual codes of ethics are most commonly seen as part of the tenets of a religion but can also be considered to be those unwritten rules of behavior instilled in an individual by their upbringing and environment. Society at large assumes that certain ethical behaviors are defined regardless of religion, geographic location or nationality. Examples of societal ethical behavior can include such things as: – Respect for another’s property – Refraining from violence against another – Treating others with civility 36

37. Codes for Professions What is Profession? Work that requires sophisticated skills, the use of judgment and the exercise of discretion. Not routine and is not capable of being mechanized. Membership in the profession requires extensive formal education, not simply practical training To set standards for admission to the profession, to set standards of conduct for members and to enforce Significant public good results from the practice of the profession (Martin and Schinzinger 2000) 37

38. 38 Engineering as a Profession An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics, and ingenuity to develop solutions for technical problems. Engineers design materials, structures, and systems while considering the limitations imposed by practicality, regulation, safety, and cost. The word engineer is derived from the Latin roots ingeniare ("to contrive, devise") and ingenium ("cleverness"). Engineers are grounded in applied sciences, and their work in research and development is distinct from the basic research focus of scientists.The work of engineers forms the link between scientific discoveries and their subsequent applications to human needs and quality of life

39. Codes for Professions Lawyers An excellent example of a code of ethics relating to a profession is the American Bar Association Model Rules of Professional Conduct: The first rule in the American Bar Association's Code of ethics addresses attorney competence. Called Rule 1.1, this rule reads: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This code of ethics provides guidance for lawyers on matters ranging from client confidentiality to partnerships to treatment of witnesses inside and outside the courtroom. Also for paralegals 39

40. Codes for Professions Physicians The American Medical Association also imposes a Code of Ethics on physicians. This code of ethics addresses everything from interpersonal relationships with other staff members such as nurses, to information on patient care. Different opinions within the AMA's code address different issues. For instance, opinion 8.021: Ethical obligations of medical directors, specifies that :(1) Placing the interests of patients above other considerations, such as personal interests (eg, financial incentives) or employer business interests (eg, profit). This entails applying the plan parameters to each patient equally and engaging in neither discrimination nor favoritism, is part of adherence to professional medical standards. 40

41. Codes for Corporations and Non-Profit Organizations Corporations and non-profits have codes of ethics to assist workers in determining if certain behaviors are appropriate and acceptable in their dealings with clients and outside agencies. – Examples of governed behaviors include: – Giving or accepting of gifts or services between an employee and a client or official – Making promises regarding company performance and responsibilities – Profiting from, or enabling others to profit from, inside information regarding company performance, financial stability or internal problems – Many organizations require employees to attend yearly training on ethics and responsibilities and in some cases, to sign statements promising to adhere to all company ethics guidelines. 41

42. Code of Ethics of Engineers Engineering education Involve a concentration of study in an engineering specialty, e.g. both mathematics and the physical and life sciences. Many programs also include courses in general engineering and applied accounting. A design course, sometimes accompanied by a computer or laboratory class or both, is part of the curriculum of most programs. Often, general courses not directly related to engineering, such as those in the social sciences or humanities, also are required. 42

43. Code of Ethics of Engineers Engineering education Accreditation (evaluated by an external body to determine if applicable standards are met). The Washington Accord serves as an international accreditation agreement for academic engineering degrees, recognizing the substantial equivalency in the standards set by many major national engineering bodies. In the United States, post-secondary degree programs in engineering are accredited by the Accreditation Board for Engineering and Technology. 43

44. Code of Ethics of Engineers Regulation and licensure in engineering In many countries, engineering tasks such as the design of bridges, electric power plants, industrial equipment, machine design and chemical plants, must be approved by a licensed professional engineer. Most commonly titled Professional Engineer is a license to practice and is indicated with the use of post-nominal letters; PE or P.Eng. These are common in North America, European Engineer (Eur Ing) in Europe. US- licensure is generally attainable through combination of education, pre-examination (Fundamentals of Engineering exam), examination (Professional Engineering Exam),]and engineering experience (typically in the area of 5+ years). Each state tests and licenses Professional Engineers.] 44

45. Code of Ethics of Engineers Regulation and licensure in engineering Canada- the profession in each province is governed by its own engineering association. in the Province of British Columbia an engineering graduate with four or more years of post graduate experience in an engineering- related field and passing exams in ethics and law will need to be registered by the Association for Professional Engineers and Geoscientists (APEGBC) in order to become a Professional Engineer and be granted the professional designation of P.Eng allowing one to practice engineering. In Continental Europe, Latin America, Turkey and elsewhere the title is limited by law to people with an engineering degree and the use of the title by others is illegal. 45

46. Code of Ethics of Engineers Regulation and licensure in engineering Italy- the title is limited to people who both hold an engineering degree and have passed a professional qualification examination (Esame di Stato). Portugal- professional engineer titles and accredited engineering degrees are regulated and certified by the Ordem dos Engenheiros. Czech Republic- the title "engineer" (Ing.) is given to people with a (masters) degree in chemistry, technology or economics for historical and traditional reasons. In Greece, the academic title of "Diploma Engineer" is awarded after completion of the five-year engineering study course and the title of "Certified Engineer" is awarded after completion of the four-year course of engineering studies at a Technological Educational Institute (TEI). 46

47. Code of Ethics of Engineers Regulation and licensure in engineering The practice of engineering in the UK is not a regulated profession but the control of the titles of Chartered Engineer (CEng) and Incorporated Engineer (IEng) is regulated. These titles are protected by law and are subject to strict requirements defined by the Engineering Council UK. The title CEng is in use in much of the Commonwealth. Many semi skilled trades and engineering technicians in the UK also call themselves engineers. This is seen by some as a misuse of the title, giving a false image of the profession. A growing movement in the UK is to legally protect the title 'Engineer' so that only professional engineers can use it; a Direct Gov petition has been started to further this cause. 47

48. Code of Ethics of Engineers Regulation and licensure in engineering In Nepal?? American, UK or other European system??? 4 yrs study after higher secondary or certificate level. No Professional Examination, but registration in Engineering Council Many Engineering Colleges are having poor physical and academic environment …… 24 Gha Provision 48

49. Licensure Model and Code of Ethics

50. 50 Engineering Licensure Model National Society of Professional Engineers(NSPE) Step 1: Become an Engineer Intern Step 2: Gain professional experience Step 3: Prepare for and take the PE exam

51. 51 Engineering Licensure Model (NSPE) Step 1: Become an Engineer Intern (the first step – toward full PE licensure) – Graduate from an engineering program approved by your state's licensure board – Successful in completing the Fundamentals of Engineering (FE) exam

52. 52 Engineering Licensure Model (NSPE) Step 2: Gain professional experience – All states require that candidates complete four years of qualifying engineering experience, typically under the supervision of a professional engineer.

53. 53 Engineering Licensure Model (NSPE) Step 3: Prepare for and take the PE exam – the final step in attaining licensure is successfully completing the Principles and Practice of Engineering (PE) exam.

54. 54 Licensure Model Complete accredited BS Degree Complete FE Exam Become PE Take the PE Exam Gain 4 Years of Experience Become EI Continue professional Competency

55. Code of Ethics of Engineers ASME requires ethical practice by each of its members and has adopted the following Code of Ethics of Engineers as referenced in the ASME Constitution, Article C2.1.1. The Fundamental Principles Engineers uphold and advance the integrity, honor and dignity of the engineering profession by: Using their knowledge and skill for the enhancement of human welfare; Being honest and impartial, and serving with fidelity the public, their employers and clients; and Striving to increase the competence and prestige of the engineering profession. 55

56. Code of Conduct The Fundamental Canons Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties. Engineers shall perform services only in the areas of their competence. Engineers shall continue their professional development throughout their careers and shall provide opportunities for the professional and ethical development of those engineers under their supervision. Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest or the appearance of conflicts of interest. Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. Engineers shall associate only with reputable persons or organizations. Engineers shall issue public statements only in an objective and truthful manner. Engineers shall consider environmental impact in the performance of their professional duties. 56

57. Nepal Engineering Council Professional Code of Conduct

58. 58 Professional Code of Conduct 1.Discipline and Honesty : The Engineering service/profession must be conducted in a disciplined manner with honesty, not contravening professional dignity and well-being

59. 59 Professional Code of Conduct 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.

60. 60 Professional Code of Conduct 3. Non-discrimination : No discrimination should be made against customers on the grounds of religion, race, sex, caste or any other things while applying professional knowledge and skills.

61. 61 Professional Code of Conduct 4. Professional Work: Individuals should only do professional work in their field or provide recommendations or suggestions only within the area of their subject of study or obtained knowledge or skills. With regard to the works not falling within the subject of one's profession, such works should be recommended to be done by an expert of that subject matter.

62. 62 Professional Code of Conduct 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 or conduct improper activities of any kind, which would impair the engineering profession.

63. 63 Professional Code of Conduct 6. Personal responsibility: All individuals will be personally responsible for all works performed in connection with his/her engineering profession.

64. 64 Professional Code of Conduct 7. State name, designation and registration no: While signing the documents or descriptions such as the design, map, specifications 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 comprehensible manner.

65. 65 Professional Code of Conduct 8. No publicity or advertisement must be made which may cause unnecessary effect: In connection with the professional activities to be carried out, no publicity or advertisement shall be made so as to cause unnecessary effect upon the customers.

66. 66 Assignment-2 In your opinion, What revisions are essential in the current Nepal Engineering Council Act/ Regulation to make the Nepali Engineers more competent and engineering profession more respectful.

67. THANK YOU 67