Code of Ethics by Russel de Zilwa

8/9/2019 Code of Ethics by Russel de Zilwa

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Professional Code of Ethics

IESL

February 2013


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Topics

Ethics

Engineering Institutions - Code of

Ethics IESL - Code of Ethics

Professional Conduct

Disciplinary Procedures

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ETHICS

The discipline dealing with what is good andbad, and with moral duty and obligation

The principles of conduct governing anindividual or group (professionals)

The value structure that guides the actions

of a person, whether individual or corporate,in his/her/their dealings with any otherperson, or with society in general.

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Professional

Practice

PublicGovernment

Professional

Bodies

ProfessionalBodies

GovernmentPublic

ETHICS

Professional Practice

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Why have a Code of Ethics?

to define accepted/acceptable behaviours;

to promote high standards of practice;

to provide a benchmark for members touse for self evaluation;

to establish a framework for professional

behaviour and responsibilities; as a vehicle for occupational identity;

as a mark of occupational maturity.

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Some Engineering Codes of

Ethics / Conduct

European Federation of National

Engineering Associations [FEANI]

Institute of Electrical and Electronics

Engineers [IEEE]

American Society of Civil Engineers

[ASCE]

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FEANI Code of Conduct

Ethical Principle

The decisions and actions of engineers have a largeimpact on the environment and on society. Theengineering profession thus has an obligation to ensurethat it works in the public interest and with regard forhealth, safety and sustainability.

Framework Statement

National associations of engineers, and FEANI with

regard to EURING registrants, have codes of conductwhich have much in common and which have the intentof implementing the above ethical principle. As a resultof this convergence the European engineeringprofession as a whole can make a universal statementregarding the conduct of professional engineers.

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Individual engineers have a personal obligation to act with integrity, in the

public interest, and to exercise all reasonable skill and care in carrying outtheir work.

In so doing engineers:

Shall maintain their relevant competences at the necessary level and only

undertake tasks for which they are competent

Shall not misrepresent their educational qualifications or professional titles

Shall provide impartial analysis and judgement to employer or clients, avoid

conflicts of interest, and observe proper duties of confidentiality

Shall carry out their tasks so as to prevent avoidable danger to health and

safety, and prevent avoidable adverse impact on the environment

Shall accept appropriate responsibility for their work and that carried out

under their supervision Shall respect the personal rights of people with whom they work and the

legal and cultural values of the societies in which they carry outassignments

Shall be prepared to contribute to public debate on matters of technical

understanding in fields in which they are competent to comment

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Codes of Conduct

The pan-European statement on engineering ethics andconduct presented above is best implemented through

the codes issued by national engineering associations.

These codes can, and in general already do, incorporatethe listed objectives in a form which reflects national

circumstances and allow additional objectives to beadded as required by national practice.

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We, the members of the IEEE, in recognition of the importance of our

technologies in affecting the quality of li fe throughout the world, and inaccepting a personal obligation to our profession, its members and thecommunities we serve, do hereby commit ourselves to the highest ethical andprofessional conduct and agree:

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;

to avoid real or perceived conflicts of interest whenever possible, and todisclose them to affected parties when they do exist;

to be honest and realistic in stating claims or estimates based on availabledata;

to reject bribery in all its forms;

to improve the understanding of technology, its appropriate application, and

potential consequences;

IEEE Code of Ethics

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IEEE Code of Ethics

to maintain and improve our technical competence and to undertaketechnological tasks for others only if qualified by training or

experience, or after full disclosure of pertinent limitations;

to seek, accept, and offer honest criticism of technical work, toacknowledge and correct errors, and to credit properly thecontributions of others;

to treat fairly all persons regardless of such factors as race, religion,gender, disability, age, or national origin;

to avoid injuring others, their property, reputation, or employment byfalse or malicious action;

to assist colleagues and co-workers in their professionaldevelopment and to support them in following this code of ethics.

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Fundamental Principles

Engineers uphold and advance the integrity, honour anddignity of the engineering profession by:

using their knowledge and skill for the enhancement ofhuman welfare;

being honest and impartial and serving with fidelity thepublic, their employers and clients;

striving to increase the competence and prestige of theengineering profession; and

supporting the professional and technical societies oftheir disciplines.

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Fundamental Canons Engineers shall hold paramount the safety, health and welfare ofthe public in the performance of their professional duties.

Engineers shall perform services only in areas of theircompetence.

Engineers shall issue public statements only in a subjective and

truthful manner. Engineers shall act in professional matters for each employer or

client as faithful agents or trustees, and shall avoid conflicts ofinterest.

Engineers shall build their professional reputation on the merit oftheir services and shall not compete unfairly with others.

Engineers shall act in such a manner as to uphold and enhancethe honor, integrity, and dignity of the engineering profession.

Engineers shall continue their professional developmentthroughout their careers, and shall provide opportunities for theprofessional development of those engineers under theirsupervision.

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IESL CODE OF ETHICS


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IESL CODE OF ETHICS

1. Engineers shall hold paramount the safety,health and welfare of the public and properutilization of funds in the performance of theirprofessional duties. It shall take precedenceover their responsibility to the profession, tosectional or private interests, employers or to

other engineers. [FEANI, ASCE, IEEE]2. Engineers shall always act in such a manner as

to uphold and enhance the honour, integrity anddignity of the profession while safe-guarding

public interest at all times. [ASCE]3. Engineers shall build their reputation on merit

and shall not compete unfairly. [ASCE, ]

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IESL CODE OF ETHICS (contd.)4. Engineers shall perform professional services only in

the areas of their competence. . [FEANI, ASCE,IEEE]

5. Engineers shall apply their skills and knowledge in theinterest of their employer or client for whom they shallact, in professional matters, as faithful agents ortrustees, so far as they do not conflict with the otherrequirements listed here and the general public interest.

[FEANI, ASCE,]

6. Engineers shall give evidence, express opinions ormake statements in an objective and truthful manner.

[FEANI, IEEE]15


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IESL CODE OF ETHICS (contd.)

7. Engineers shall continue their professionaldevelopment throughout their careers andshall actively assist and encourage engineersunder their direction to advance their

knowledge and experience. . [FEANI, ASCE,IEEE]

8. Engineers shall be committed to the need forsustainable management of the planets

resources and seek to minimize adverseenvironmental impacts of their engineeringworks or applications of technology so as to

protect both present and future generations .

[FEANI, ASCE, IEEE]16


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IESL ODE OF

ETHI S

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Clause 1Engineers shall hold paramount the safety, health and welfare ofthe public and proper utilization of the funds and other resources

in the performance of their professional duties. It shall takeprecedence over their responsibil ity to the profession, sectionalprivate interests, employers or to other engineers. [THE PEOPLE]

As the first requirement places the interests of the community above all others, Engineers

shall be objective and truthful in professional reports, statements or testimony.They shall include all relevant and pertinent information in such reports,statements or testimony. {TRUTH}

shall endeavour at all times to maintain engineering services essential to publicwelfare. {SERVICE TO THE PUBLIC}

shall work in conformity with recognised engineering standards so as not tojeopardise the public welfare, health or safety. {STANDARDS}

shall not participate in assignments that would create conflict of interestbetween their (engineers) clients /employers and the public and shall advise theclient of their (engineers) concerns. {CONFLICT OF INTEREST}

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Clause 1 (contd.) shall, in the event of their judgement being over-ruled in matters

pertaining to welfare, health or safety of the community, inform their(engineers) clients or employers of the possible consequences andbring to their (clients) notice their (Engineers) obligations asprofessionals to inform the relevant authority {CONVICTION}

shall contribute to public discussion on engineering matters in theirareas of competence, if they consider that by so doing they can

constructively advance the well-being of the community .{ADVISE}

having knowledge of any alleged violation of this Code shall co-operate with the proper authorities in furnishing such information orassistance as may be required .{WHISTLE BLOWING}

shall not knowingly participate in any act which will result in waste ormisappropriation of public funds. {DISHONESTY}

Shall actively contribute to the well being of society and, wheninvolved, in any engineering project or application of technology,

shall, where appropriate, recognize the need to identify, inform andconsult affected parties to help resolve problems involved.19


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Clause 2

Engineers shall always act in such a manner as to uphold and

enhance the honour, integrity and dignity of the professional whilesafeguarding public interest at all times. [HONOUR OF THEPROFESSION]

This requires that the profession should endeavour by its behaviour to meritthe highest esteem of the community. It follows therefore that engineers-

shall not involve themselves with any business or professional practicewhich they know to be fraudulent or dishonest in nature. {DISHONESTY}

shall not use association with other persons, corporations or partnershipsto conceal unethical acts. {ASSOCIATIONS}

shall not continue in partnership with, or act in professional matters withany engineer who has been removed from membership of this Institutionbecause of improper conduct. {INTEGRITY}

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Clause 3Engineers shall build their reputation on merit and shall not competeunfairly. [OWN ACHIEVEMENTS]

This requirement is to ensure that engineers shall not seek to gain abenefit by improper means. It follows that engineers-

shall neither pay nor offer, directly or indirectly, inducementsincluding political contributions. {BRIBERY}

shall promote the principle of engagement of engineersupon the basis of merit. They shall uphold the principle ofadequate and appropriate remuneration for professionalengineering staff and shall given due consideration to terms

of engagement which have the approval of theProfessionals appropriate association. {MERIT}

shall not attempt to supplant another engineer, employed orconsulting, who has been appointed. { UNDER CUTTING }

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Clause 3 (contd.)

shall neither falsify nor misrepresent their own or theirassociates qualifications, experience and prior

responsibilities. {MISREPRESENTATION}

shall not maliciously do anything to injure, directly orindirectly, the reputation, prospects or business ofothers. {MALICIOUS TALK}

shall not use the advantage of a privileged position tocompete unfairly with other engineers. {CONNECTIONS}

shall exercise due restraint in explaining their own workand shall refrain from unfair criticism of the work of otherengineers. {MODESTY}

shall give proper credit for professional work to those towhom credit is due and acknowledge the contribution of

subordinates and others. (ACKNOWLEDGE}22


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Clause 4

Engineers shall perform professional services only in the areas

of their competence. [SPECIALIZATIONS]

To this end engineers-

shall undertake assignments only when qualified by education andexperience in the specific technical fields involved. If an assignmentrequires qualifications and experience outside their fields ofcompetence they shall engage competent professionals withnecessary qualifications and experience and keep the employersand clients informed of such arrangements. {COMPETENCE}

shall not affix their signature to any plans or documents dealing with

subject matter in which they lack competence, or to any plan ordocument not prepared under their direction or control. {HONESTY}

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Clause 5Engineers shall apply their skil ls and know ledge in the interest of theiremployer or client for whom they shall act, in professional matters, asfaithful agents or trustees, so far as they do not confl ict w ith the otherrequirements listed here and the general public interest. [LOYALTY]

It follows that engineers-

shall at all times avoid all known or potential conflicts of interest. Theyshould keep their employers or clients fully informed on all matters,including financial interests, which could lead to such a conflict, and in no

circumstances should they participate in any decision which could involvethem in conflict of interest. {LOYALTY}

shall when acting as administrators of a contract be impartial as betweenthe parties in the interpretation of the contract. This requirement ofimpartially shall not diminish the duty of engineers to apply their skill andknowledge in the interests of their employers or clients. {NEUTRALITY}

shall not accept compensation, financial or otherwise from more than oneparty for services on the same project, unless the circumstances are fullydisclosed and agreed to, by all interested parties. {GRATUITY}

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Clause 5 (contd.) shall neither solicit nor accept financial or other valuable consideration,

including free engineering designs, from material or equipment suppliers forspecifying their products (except such designs obtained with the knowledgeand consent of the employer or client). {INTEGRITY}

shall neither solicit nor accept gratuities, directly or indirectly fromcontractors or their agents, or other parties dealing with their clients oremployers in connection with work for which they are responsible.{BRIBERY}

shall advise their clients or employers when as a result of their studies theybelieve that a project will not be viable. (CONVICTION}

shall neither disclose nor use confidential information gained in the courseof their employment without express permission (except where public

interest and safety are involved). {CONFIDENTIALITY}

shall not complete, sign, or seal plans an/or specifications that are not of adesign safe to the public health and welfare and in conformity with acceptedengineering standards. If the client or employer insists on suchunprofessional conduct, they shall notify the proper authorities and withdrawfrom further service on the project. {INTEGRITY} 25


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Clause 6

Engineers shall give evidence, express opinions or

make statements in an objective and truthfulmanner. [THRUTHFUL]

It follows that-

engineers professional reports, statements or testimony

before any tribunal shall be objective and such opinionsshall be expressed only on the basis of adequateknowledge and technical competence in the area, butthis does not preclude a considered judgement basedintuitively on experience and wide relevant knowledge.

{PRECISE, KNOWLEDGABLE}

engineers shall reveal the existence of any interest,pecuniary or otherwise that could be taken to effect their

judgement in a technical matter about which they are

making a statement or giving evidence.{HONESTY} 26


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Clause 7

Engineers shall continue their professionaldevelopment throughout their careers and shallactively assist and encourage engineers under theirdirection to advance their knowledge andexperience. [CPD]

The requirement here is that engineers shall strive to widen theirknowledge and improve their skill in order to achieve a continuingimprovement of the profession. It follows therefore that engineers-

shall encourage their professional employees and subordinates tofurther their education, {LIFE-LONG LEARNING}

shall take a positive interest in and encourage their fellow engineersactively to support the Institution and other professional engineeringbodies which further the general interest of the profession.[INVOLVEMENT}

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Clause 8Engineers shall be committed to the need for sustainablemanagement of the planets resources and seek to minimizeadverse environmental impacts of their engineering works orapplications of technology so as to protect both present and futuregenerations. [SUSTAINABILITY]

To this end engineers

shall carefully evaluate adverse environmental impacts and incorporate practicalremedial measures to minimize them. {ENVIRONMENTAL PROTECTION}

shall consider theoretical, legislative, regulatory and policy aspects ofenvironmental protection and sustainable management of the availableresources. {ENVIRONMENTAL PROTECTION

shall critically analyze how the proposed project or the application of technology

relates to sustainability considerations. {ENVIRONMENTAL PROTECTION

shall identify and assess options for material recovery and disposal. {MINIMIZE/REUSE OF WASTE & SAFE DISPOSAL}

shall analyze opportunities for resource and energy conservation and, designappropriately optimized systems. {CONSERVATION} 28


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CONCLUSION The IESL Code of Ethics expects the Engineer to :

1. Primarily be concerned about People2. Uphold the Honour of the Profession3. To develop their reputation through their own

Achievements4. Practice only in their areas of Specialization

5. Be Loyal to their employers

6. Be Truthful in reporting

7. Be involved in Lifelong Learning

8. Ensure that they practice EnvironmentalSustainability

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PPASLTLE


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PROFESSIONAL

CONDUCT

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PROFESSIONAL CONDUCT

IESL BY-LAW 26 to 29

Every Corporate Member whose name appears on theRegister of Chartered Engineers is entitled to describehimself as a Chartered Engineer

Use the following abbreviations, namely CEng, FIE(Sri

Lanka), or CEng, MIE(Sri Lanka).

A Corporate Member in partnership with a personwho is not a Corporate Member of the Institutionshall not use after the title of such Firm the

designation Chartered Engineers.

No person who has ceased to be on the Roll shallmake use of any designation implying connectionwith the Institution.

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PROFESSIONAL CONDUCT

All members are required to order their conduct so as to

uphold the dignity, standing and reputation of theInstitution.

Without prejudice to the generality of the last precedingBy-law the Council may for the purpose of ensuring thefulfilment of this requirement, make, amend and rescindRules to be observed by members with regard to theirconduct in any respect which may be relevant to theirposition or intended position as members of the Institutionand may publish directions or pronouncements as tospecific conduct which is to be regarded as proper or asimproper.

In pursuance of the objectives of the above mentionedclause the Rules of conduct to be observed by the membersof the Institution shall be those listed in the Code of Ethicsgiven as Appendix I with the By-laws of the Institution.These Rules of conduct shall be binding on all members ofthe Institution.

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IESL DISCIPLINARYPROCEDURES

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DISCIPLINARY PROCEDURES

Any member against whom an allegation ofmisconduct is made in writing by an individual or

by an institution, shall be informed in writing by thePresident of the IESL of the allegation and shall begiven an opportunity to vindicate himself of the

charges (Vide By Law 33).

The President shall in consultation with thePresident - Elect will decide on whether themember has vindicated himself.

If the member is unable to vindicate himself, hiscase shall be referred to a Disciplinary Committeeto investigate and report to the Council.

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Disciplinary Panel and


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Disciplinary Panel and

Disciplinary Committee

The Council at its first meeting for each session, willnominate six Fellows to constitute a Disciplinary

Panel from whom a Disciplinary Committee (Vide

By Law 31) will be selected to hear any disciplinary

inquiry concerning the member.

A Disciplinary Committee will be nominated by the

Council.

The Council will determine the Terms of Reference

of such Disciplinary Committee and will also

nominate a Chairperson. 35



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The member shall be notified in writing by the Executive Secretary :

that charges have been formulated for determination by the

Disciplinary Committee; the names of the members of the Disciplinary Committee;

that he is required to respond to the charges in writing to theChairman of the Disciplinary Committee within fourteen days fromthe date of such notification;

that he is required to appear in person before the DisciplinaryCommittee at the time fixed for the hearing of the charges;

the schedule of evidence including the list of witnesses to be presented

to the Disciplinary Committee in support of the charges;

the date, place and time fixed for commencement of the inquiry and thehearing of the charges by the Disciplinary Committee.

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SC A OC S


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DISCIPLINARY PROCEDURES The member may object against any member of the Disciplinary

Committee on the grounds of prejudice. Reasons for such

objection needs to be clearly stated. Objections to be consideredby a committee comprising the President, the President - Electand a Vice President.

The Executive Secretary shall present the case against themember at the first meeting of the Disciplinary Committee.

The Disciplinary Committee shall permit the member to berepresented at the disciplinary inquiry by a Corporate Member ofthe Institution or he may decide to conduct his own defense.

The Disciplinary Committee shall endeavour to complete theinquiry within one month.

If the member is absents without a valid reason, the inquiry shallbe adjourned and he/she shall be warned in writing by the

Executive Secretary that proceedings will be held ex-parte. 37



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On the documentary evidence provided if the Disciplinary

Committee considers it is not necessary to conduct an inquiryit may so decide.

If a detailed inquiry is decided upon, the following

considerations as set out in Clause 10 of the IESL DisciplinaryProcedure will apply

The Disciplinary Committee at any stage of the inquiry may seeklegal advice if thought necessary with the approval of the President/Council.

The decision of the Disciplinary Committee on any matter ofprocedures or any objection raised on procedural grounds shall

be final. 38



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The decision and any recommendations of the Disciplinary

Committee made at the conclusion of the inquiry shall besubmitted to the President of the Institution within threeweeks thereafter. The President shall submit the decisionand recommendation of the Disciplinary Committee to theCouncil for action.

The Council may by resolution expel or suspend for anyperiod from membership, reprimand or admonish anymember found guilty of improper conduct. The Councilmay direct that such member shall make a contributiontowards the expenses of the hearing before the DisciplinaryCommittee.

A member shall not be expelled except by a majoritydecision taken at a meeting of the Council at which at leasttwo thirds of the membership of the Council is present.

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The order of the Council on the recommendation ofthe Disciplinary Committee shall be notified to themember by the Executive Secretary.

The member can appeal in writing within one monthof the date of receipt of such notification

The Council may refer such appeal to the

Disciplinary Committee for their observations. Thedecision of the Council shall be final and shall beconveyed to the member by the Executive Secretary.

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Code of Ethics by Russel de Zilwa