CIVL 402A 2023 Class 3 - Professional Ethics.pptx

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Oct 30, 2023

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CIVL 402A: PROFESSIONALISM IN CIVIL ENGINEERING CLASS 3: PROFESSIONAL ETHICS

Ethics Topics 1. Terminology 2. EGBC Code of Ethics 3. Codes of Conduct 4. Corporate Citizenship 5. Accountability 6. Conflicts of Interest 7. Confidentiality, FIPPA and Whistleblowing 2

1. Terminology • Ethics are “accepted principles of right and wrong that govern the conduct of a profession” • Ethics in professional engineering provides consistent behaviours for members of the profession and for the protection of the public • Morals refer to behaviour and opinions governed by one's sense of right and wrong, often arising from religious beliefs and societal norms 3 Ethics and morals both relate to “right” and “wrong” conduct. However ethics are defined behaviours with little scope for personal interpretation; morals are based on personal beliefs.

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Game: Is this a matter of ethics or morals? • An engineer chooses to “buy local” for their fruits and veggies (at farmers’ markets) – Ethics or Morals? • A vegan engineer chooses to step back from a project when asked to design a slaughterhouse – Ethics or Morals? • An engineer chooses to follow the speed limit while on the job and using the company vehicle – Ethics or Morals? • An engineer chooses to follow the speed limit while driving to work – Ethics or Morals? • An engineer chooses to report on a friend who they went to university with, when they misrepresent their qualifications and abilities to gain a contract – Ethics or Morals? • An engineer recommends a more sustainable option over a less expensive alternative – Ethics or Morals? 4

2. The EGBC Code of Ethics • PEng conformance with the Code of Ethics is critical for an engineer to be successful and remain in good standing. • Under the Professional Governance Act, EGBC is required to adopt a Code of Ethics which begins with this overarching statement: “Registrants must act at all times with fairness, courtesy and good faith toward all persons with whom the registrant has professional dealings, and in accordance with the public interest. Registrants must uphold the values of truth, honesty, and trustworthiness and safeguard human life and welfare and the environment.” • This is followed by 13 items as summarized on the next slide (the first 12 are specified within the Act itself) 5

13 Principles of EGBC’s Code of Ethics 1. Hold paramount public safety, health and welfare 2. Practice only when professionally competent 3. Adhere to the law 4. Adhere to the standards, policies, … of government and EGBC 5. Maintain competence 6. State qualifications accurately 7. Distinguish between facts, assumptions and opinions 8. Avoid actual and perceived conflicts of interest 9. Report unprofessional practices 10. Stand your ground – present consequences of overturned professional judgments 11. Identify responsibilities of professional contributors 12. Undertake work and documentation requirements with due diligence 13. Act with fairness, courtesy and good faith 6

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3. Codes of Conduct • A Code of Ethics is a set of principles or guidelines that outline the values, moral principles, and professional standards that govern the behavior of individuals or members of a profession. It typically provides a broader framework that guides ethical decision-making and sets expectations for conduct. A code of ethics focuses on principles, values, and the overarching philosophy that should govern behavior in a particular context. • A Code of Conduct , on the other hand, is a more specific and practical set of rules and guidelines that dictate expected behavior and actions within a particular organization, company, or community. It provides more detailed instructions on how individuals should behave and interact in specific situations. A code of conduct typically translates the principles and values outlined in a code of ethics into specific rules, policies, and standards of behavior. 7

Example of Employer’s Code of Conduct • WorleyParsons' Code of Conduct includes the following statements: o Equal Opportunity, Anti-Discrimination and Harassment Free Workplace. WorleyParsons is committed to equal employment opportunity and a workplace free from any kind of discrimination, harassment or intimidation of employees. … A fair and equitable workplace means that … Harassment can occur when … Such conduct is not acceptable and may result in the termination of employment. o Cultural Sensitivity. If you accept an international assignment, you are responsible for familiarizing yourself and your family with the laws and customs of the host country. .... We expect you to adapt your behaviour so you do not cause offence or break local laws. 8

Example of Vendor’s Code of Conduct • Kiewit Corporation, and each of its affiliates and subsidiaries (“Kiewit”) is firmly committed to conducting business with the highest integrity and in compliance with all applicable laws. Kiewit expects that all vendors, suppliers, sub-suppliers, contractors, consultants, and each of their respective employees and any other third parties involved with the execution of Kiewit work (“Vendors”) will, at a minimum, comply with standards of business conduct consistent with those in this Vendor Code of Conduct: o Gifts and Entertainment - Gifts should be infrequent and not substantial in value. Gifts to Kiewit employees that violate Kiewit policies will be returned to Vendors or handled in a manner that complies with our internal policies. o Anti-Corruption and Bribery - Vendors shall not offer or accept bribes. Vendors are responsible for overseeing the conduct of their subcontractors and ensuring that applicable laws are not violated https://www.kiewit.com/wp-content/uploads/2022/10/Kiewit_Vendor_Code_of_Conduct_EN_09.2022.pdf 9

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4. Corporate Responsibility • Corporate citizenship , also known as Corporate Social Responsibility (CSR), refers to a company's voluntary actions and initiatives to address social, environmental, and ethical issues beyond its legal obligations. It encompasses a broader range of activities and often includes philanthropy, charitable giving, community engagement, and ethical business practices. CSR initiatives are typically driven by a company's values, mission, and desire to make a positive impact on society. 10

Corporate Responsibility Continued… • ESG (Environmental, Social, and Governance), on the other hand, is a framework that assesses a company's performance and practices in three key areas: environmental, social, and governance factors. It focuses on evaluating a company's sustainability practices and its management of risks and opportunities related to these factors. ESG factors include aspects such as carbon emissions, resource usage, labor standards, employee diversity, executive compensation, board independence, and transparency in financial reporting. 11 In summary, CSR focuses on a company's voluntary actions to address broader social and ethical issues, while ESG focuses on evaluating a company's environmental, social, and governance performance to assess its sustainability and long-term value.

Corporate Responsibility Example 12 CSR Initiative: Siemens "Siemens Stiftung" (Foundation), which focuses on promoting access to education, healthcare, and clean energy in underserved communities. The foundation provides support for technological solutions, vocational training programs, and social entrepreneurship projects in regions where Siemens operates. ESG Initiative: Siemens has set ambitious goals to reduce its carbon footprint and improve energy efficiency in its operations and products. Siemens is actively involved in developing and promoting sustainable technologies, such as renewable energy solutions, energy-efficient transportation systems, and smart grid infrastructure. The company also follows strict corporate governance principles, including transparency, integrity, and adherence to legal and regulatory frameworks. In addition, Siemens publishes an annual sustainability report that provides detailed information on its ESG performance, including environmental impacts, social initiatives, and corporate governance practices.

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5. Accountability • Accountability refers to the responsibility and answerability of individuals for their actions and decisions. In the context of a practicing engineer, accountability plays a crucial role in maintaining professional integrity, ensuring ethical conduct, and fostering trust within the engineering community. 13 Accountability is the cornerstone of a Practicing Engineer

Corporate Accountability • Corporate (or organizational) accountability refers to take responsibility as a corporation or organization and to be answerable for its actions and activities. An essential element of corporate accountability it is internal (corporate) governance, especially public sector, not-for-profit and publicly funded corporations. • Corporate governance refers to the manner in which boards (or equivalent) direct a corporation; consists of the policies, processes, customs, and regulations affecting the way people direct, administer and/or control a corporation/organization. 14 Who is a corporation/organization accountable to?

Example: Importance of Accountability 15

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The Elliot Lake Mall Roof Collapse in 2012 The Elliot Lake Mall Roof Collapse in 2012 is a significant example that highlights the crucial role of accountability in engineering and the devastating consequences that can occur when accountability is lacking. This incident, which occurred in Elliot Lake, Ontario, Canada, resulted in the deaths of two people and numerous injuries. The collapse of the mall's roof was attributed to a combination of design deficiencies, lack of maintenance, and insufficient oversight. In this case, accountability played a critical role in several aspects: • Design Accountability: The initial design of the mall's roof structure was found to be flawed, with inadequate support for the weight of the rooftop parking area. The lack of accountability on the part of the design engineers and architects in ensuring a structurally sound design contributed to the eventual collapse. • Maintenance Accountability: The collapse was also linked to poor maintenance practices. Over time, water leakage and corrosion weakened the structural elements of the roof, compromising its integrity. The responsible parties failed to address these maintenance issues adequately, indicating a lack of accountability for the ongoing safety and upkeep of the structure. • Regulatory and Oversight Accountability: The regulatory and oversight authorities responsible for monitoring the condition of the mall did not effectively enforce maintenance requirements or take sufficient action to address reported concerns. The lack of accountability on the part of these authorities resulted in a failure to ensure the safety of the mall's occupants. 16

Consequences of the Lack of Accountability 1. Loss of Life and Injuries: The collapse of the mall's roof resulted in the tragic loss of two lives and caused injuries to several individuals. These devastating consequences emphasize the importance of accountability in preventing such incidents and protecting public safety. 2. Legal and Financial Ramifications: The collapse led to legal investigations and subsequent lawsuits against various parties involved, including the owners, engineers, architects, and regulatory authorities. These legal proceedings incurred significant financial costs and brought attention to the need for accountability in the engineering and construction industry. 17

Lessons Learned: The Elliot Lake Mall Roof Collapse 1. Strengthening Design Practices: Engineers must be accountable for conducting thorough structural assessments, following building codes and standards, and prioritizing safety in their designs. Effective collaboration between architects, engineers, and other stakeholders is crucial to identify and rectify any design deficiencies. 2. Maintenance and Inspection Protocols: Maintenance accountability is vital to ensure the long- term integrity and safety of structures. Regular inspections, prompt repair of identified issues, and proper maintenance practices should be strictly adhered to by all parties responsible for the upkeep of buildings and infrastructure. 3. Regulatory Oversight: Regulatory authorities must be accountable for enforcing regulations, conducting thorough inspections, and ensuring compliance with safety standards. Strengthened oversight and timely intervention are essential to prevent accidents and protect the public. 4. Professional Responsibility and Ethics: Engineers have a professional responsibility to prioritize public safety and act with integrity. Accountability should be ingrained in the professional culture, emphasizing ethical conduct, transparent decision-making, and a commitment to upholding the highest standards of the engineering profession. 18

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6. Conflict of Interest • A conflict of interest arises when an individual's personal or financial interests interfere with their ability to make impartial decisions in their professional role. Q. Imagine you are a civil engineer who works for a construction company that specializes in building bridges. You have a close friend who owns a steel manufacturing company. When the construction company receives a new project to build a bridge, you recommend using the steel manufactured by your friend's company, even though there are more cost-effective steel options available in the market. Is this a conflict of interest? 19

Other Types of Conflicts • Perceived conflict of interest refers to when one may perceive that there is an actual conflict of interest, even if there is not one (like the example in the previous slide) • Potential conflict of interest: Some situations may develop into an actual conflict of interest as circumstances evolve • Conflict of commitment: Set of circumstances that involves a commitment of time to a secondary interest that may interfere, or appear to interfere, with fulfillment of the obligations to the primary interest 20

Specific Examples of Real Conflicts of Interests • Self-dealing. Arrange for your employer to issue a contract to a company that you or your family owns which you financially benefit from • Influence peddling . Accepting benefits (money or non-token gifts) for adjusting professional judgement (AKA. bribery) • Use of confidential information. Insider trading or land purchase • Moonlighting. Secondary job in competition with employer 21

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7. Confidentiality, FIPPA and Whistleblowing • Confidentiality refers to the ethical and legal obligation to protect sensitive information or data from unauthorized disclosure or access. It is the practice of keeping certain information private and secure, ensuring that it is only accessible to authorized individuals or parties who have a legitimate need to know. Key issues may include: Who may be told? What may be told? How may it be told? When may it be told? 22

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NDA • Non-Disclosure Agreement (NDA) – legal contract relating to confidentiality requirements Q. Have you ever signed an NDA? Q. When might you be asked to sign an NDA? • The misuse of NDAs has sparked debates around the balance between protecting legitimate interests and the need for transparency and accountability. 23

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Whistleblowing • Whistleblowing: exposure of information or activity that is deemed illegal, unethical or incorrect within an organization • Exposure may be internal or external • Many organizations include a whistleblower policy – to enhance accountability and minimize fraud, corruption and reputational damage • Whistleblower policies usually seek to assure protection of the informant (no retaliation). They may also seek to sanction the informant if carried out maliciously or in bad faith or arising from an inappropriate breach of confidential information. 24

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Consequences and Expectations • Without an internal Whistleblowing Policy, whistleblowers may face personal and professional risks, but their actions towards exposing wrongdoing and unethical practices can lead to positive changes, increased transparency, and greater accountability in both public and private sectors. • Whistleblowing is the ethical course of action for a practicing engineering under EGBC’s Code of Ethics (point #9). 25

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FIPPA • FIPPA stands for the Freedom of Information and Protection of Privacy Act . It is a legislative framework that exists in certain jurisdictions to govern the access to information held by public bodies and protect individuals' privacy rights. The primary objectives of FIPPA are: 1. Access to Information: FIPPA ensures that individuals have the right to access records and information held by public bodies. It establishes procedures and mechanisms for requesting and obtaining this information, subject to specific exemptions and limitations to protect sensitive or confidential information. 2. Protection of Privacy: FIPPA also safeguards individuals' privacy rights by setting out rules and guidelines for the collection, use, and disclosure of personal information by public bodies. It outlines principles of consent, purpose limitation, accuracy, security, and accountability to ensure that personal information is handled appropriately and protected from unauthorized access or disclosure. 26

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Professional Ethics: Topics 1. Terminology 2. EGBC Code of Ethics 3. Codes of Conduct 4. Corporate Citizenship 5. Accountability 6. Conflicts of Interest 7. Confidentiality, FIPPA and Whistleblowing 27 What are some big take- aways from this class? What did you learn?

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