Academia Panamericana de Ingeniería
Academia Pan-Americana de Engenharia
Pan American Academy of Engineering
CODE OF ETHICS
Approved in the Plenary Ordinary Session
Atlanta, GA, USA - September 18, 2006
Considering that:
The professional exercise of engineering should be considered as exclusive for engineers having a qualifying university degree in the various specialties according to the effective legislation of each country.
To render professional services involves security and community welfare and has the characteristics of public services. In consequence, control of qualified engineers is needed to be compulsory in each country. Integration and government of those organizations with such purpose must be ruled by engineers, who will have to fulfill the Code of Ethics.
The Members of the Academy shall:
• Invest their capacities and dedication in achieving superior technical results in the clients', society and environment favor, optimizing the use of resources and minimizing the production of residues or any kind of polluting agents;
• Hold paramount the safety, health and welfare of the public and the protection of the natural environment in accordance with the principles of sustainable development;
• Conduct themselves in an honorable, responsible, ethic and legal way that brightens the honor, reputation and utility of the profession;
• Offer services, advise on or undertake engineering assignments only in areas of their competence and practice in a careful and diligent manner;
• Act as faithful agents of their clients or employers, maintain confidentially and disclose immediately conflicts of interest that could be prejudicial to them,
• Keep themselves informed in order to maintain their competence, strive to advance the body of knowledge within which they practice and provide opportunities for the professional development of their subordinates and fellow practitioners;
• Conduct themselves with fairness, and good faith towards clients, colleagues and others associates, give credit where it is due and accept, as well as give, honest and fair professional criticism;
• Be aware of the consequences of their election of working technologies as well as of their activities and projects on society and biophysics and socioeconomic environment. Make their clients and employers equally aware and make a concerted effort to present objectively and truthfully the technical subjects to the public;
• Promote health and safety within the workplace and of the personnel working under his superivision;
• Present clearly to employers and clients the possible consequences of overruling or disregarding of engineering decisions or judgment and express his recommendations in every situation of conflict of interests that could affect the professional ethics or the integrity of the service hired and that could overcome aspects strictly formal or legal.
• Report to their association and/or appropriate agencies any illegal or unethical engineering decisions or practices of engineers or others.
• Contribute with their professional practice and personal actions to the social awareness and solidarity of all people and nations, and to the eradication of poverty, discrimination and segregation of people.
• Adhere to all the conditions as stated in the Academy's Anti-Corruption Policy, which is attached hereto, and made a part of this Code of Ethics.
INTERPRETATION OF THE CODE OF ETHICS
Basic Principles
The Code of Ethics constitutes a set of underlying principles which form the basis and framework for responsible professional practice. Engineers must interpret the essence of the underlying principles within their decision-making situations in a dynamic manner, responsive to the need of the situation and not interpret it as a set of "rules" of conduct intended for passive observance.
The Code of Ethics expresses the expectations of society and engineers in discriminating engineers' professional responsibilities. The Code is based on broad principles of truth, honesty and trustworthiness, respect for human life and welfare, fairness, openness, competence and accountability. Some of these broader ethical principles or issues deemed more universally applicable are not specifically defined in the Code although they are understood to be applicable as well. Nevertheless, certain ethical principles or issues not commonly considered to be part of professional ethics should be implicitly accepted to judge the engineer's professional performance.
The interpretive articles which follow expand on and discuss some of the more difficult and interrelated components of the Code especially related to the Professional Practice. No attempt is made to expand on all clauses of the Code, nor is the elaboration presented on a clause-by-clause basis. The objective of this approach is to broaden the interpretation, rather than narrow its focus. The ethics of professional engineering is an integrated whole and cannot be reduced to fixed "rules". Therefore, the issues and questions arising from the Code are discussed in a general framework, drawing on any and all portions of the Code to demonstrate their interrelationship and to expand on the basic intent of the Code.
Protection of the Public and the Environment.
Professional Engineers shall hold paramount the safety, health and welfare of the public and the protection of the environment. This obligation to the safety, health and welfare of the general public, which includes one's own work environment, is often dependent upon engineering judgments, risk assessments, decisions and practices incorporated into structures, machines, products, processes and devices. Therefore, engineers must control and ensure that what they are involved with is in conformity with accepted engineering practice, standards and applicable codes, and would be considered safe based on peer adjudication. This responsibility extends to include all and any situations which an engineer encounters and includes an obligation to advise the appropriate authority if there is reason to believe that any engineering activity, or its products, processes, etc. do not confirm with the above stated conditions.
The meaning of paramount in this basic tenet is that all other requirements of the Code are subordinate if protection of public safety, the environment or other substantive public interests are involved.
Sustainable Development and Environment.
Engineers shall strive to enhance the quality of the biophysical and socioeconomic environment of the urban and natural spaces alike, to promote the principles of sustainable development. They must discuss in particular the consequences of their proposals and actions, direct or indirect, immediate or long term, upon the health of people, social equity and the local system of values. It is the engineers' responsibility to carefully study thoroughly the environment that will be affected, assess all the impacts that might arise in the structure, dynamics and aesthetics of the ecosystems involved, urbanized or natural, as well as in the pertinent socioeconomic systems, and select the best alternative for development that is both environmentally sound and sustainable. He must also promote a clear understanding of the actions required to restore and, if possible, to improve the environment that may be disturbed, and include them in their proposals. The engineer must reject any kind of commitment that involves unfair damages for human surroundings and nature always bearing in mind that the principles of eco-systemic interdependence, diversity maintenance, resource recovery and inter-relational harmony form the basis of humankind's continued existence and that each of these bases poses a threshold of sustainability that should not be exceeded.
Faithful Agent of Clients and Employers.
Engineers shall act as faithful agents or trustees of their clients and employers with objectivity, fairness and justice to all parties. With respect to the handling of confidential or proprietary information, the concept of ownership of the information and protecting that party's rights is appropriate. Engineers shall not reveal facts, data or information obtained in a professional capacity without the prior consent of its owner. The only exception to respecting confidentially and maintaining a trustee's position is in instances where the public interest or the environment is at risk as discussed in the preceding section; but even in these circumstances, the engineer should endeavor to have the client and/or employer appropriately redress the situation, or at least, in the absence of a compelling reason to the contrary, should make every reasonable effort to contact them and explain clearly the potential risks, prior to informing the appropriate authority.
Professional Engineers shall avoid conflict of interest situations with employers and clients but, should such conflict arise, it is the engineer's responsibility to fully disclose, without delay, the nature of the conflict to the party/parties with whom the conflict exists.
In these circumstances where full disclosure is insufficient, or seen to be insufficient, to protect all parties' interests, as well as the public, the engineer shall withdraw totally from the issue or use extraordinary means, involving independent parties if possible, to monitor the situation. For example, it is inappropriate to act simultaneously as agent for both the provider and the recipient of professional services. If client's and employer's interests are at odds, the engineer shall attempt to deal fairly with both. If the conflict of interest is between the intent of a corporate employer and a regulatory standard, the engineer must attempt to reconcile the difference, and if that is unsuccessful, it may become necessary to inform.
Being a faithful agent or trustee includes the obligation of engaging, or advising to engage, experts or specialists when such services are deemed to be in the client's or employer's best interests. It also means being accurate, objective and truthful in making public statements on behalf of the client or employer when required to do so, while respecting the client's and employer's rights of confidentiality and proprietary information.
Being a faithful agent includes not using a previous employer's or client's specific privileged or proprietary information and trade practices or process information, without the owner's knowledge and consent. However, general technical knowledge, experience and expertise gained by the engineer through involvement with the previous works may be freely used without consent or subsequent undertakings.
Competence and Knowledge.
Professional Engineers shall offer services, advise on or undertake engineering assignments only in areas of their competence by virtue of their training and experience. This includes exercising care and communicating clearly in accepting or interpreting assignments, and in setting expected outcomes. It also includes the responsibility to obtain the services of an expert if required or, if the knowledge is unknown, to proceed only with full disclosure of the circumstances and, if necessary, of the experimental nature of the activity to all parties involved. Hence, this requirement is more than simply to perform within a given standard of care, it also involves acting with honesty and integrity with one's client or employer and one's self.
Professional Engineers have the responsibility to remain abreast of developments and knowledge in their area of expertise, that is, to maintain their own competence. Should there be a technologically driven or individually motivated shift in the area of technical activity, it is the engineer's duty to attain and maintain competence in all areas of involvement including being knowledgeable with the, technical and legal framework and regulations governing their work. In effect, it requires a personal commitment to ongoing professional development, continuing education and self-testing.
In addition to maintaining their own competence, Professional Engineers have an obligation to strive to contribute to the advancement of the body of knowledge within which they practice, and to the profession in general. Moreover, within the framework of the practice of their profession, they are expected to participate in providing opportunities to further the professional development of their colleagues.
This competence requirement of the Code extends to include an obligation to the public, the profession and one's peers, that opinions on engineering issues are expressed honestly and only in areas of one's competence. It applies equally to reporting or advising on professional matters and to issuing public statements. This requires honesty with one's self to present issues fairly, accurately and with appropriate qualifiers and disclaimers, and to avoid personal, political and other non-technical biases. The latter is particularly important for public statements or when involved in a technical forum.
Fairness and Integrity in the Workplace.
Honesty, integrity, continuously updated competence, devotion to service and dedication to enhancing the life quality of society are cornerstones of professional responsibility. Within this framework, engineers shall be objective and truthful and include all known and pertinent information on professional reports, statements and testimony. They shall accurately and objectively represent their clients, employers, associates and themselves consistent with their academic, experience and professional qualifications. This tenet is more than 'not misrepresenting'; it also implies disclosure of all relevant information and issues, especially when serving in an advisory capacity or as an expert witness. Similarly, fairness, honesty and accuracy in advertising are expected.
If called upon to verify another engineer's work, there is an obligation to inform (or make every effort to inform) the other engineer, whether the other engineer is still actively involved or not. In this situation, and in any circumstance, engineers shall give proper recognition and credit where credit is due and accept, as well as give, honest and fair criticism on professional matters, all the while maintaining dignity and respect for everyone involved.
Engineers should clearly inform clients about their fees, according to the regulations of the organizations that rule the professional performance. They should not disloyally compete with another engineer. After having knowledge about the quotations presented by other or offers made to another colleague, engineers must not diminish their fees or salary. They must not go into partnership with another engineer that does not fulfill the regulations of the Code of Ethics.
Engineers shall not accept nor offer covert payment or other considerations for the purpose of securing, or as remuneration for engineering assignments. Engineers should prevent their personal or political involvement from influencing or compromising their professional role or responsibility.
Consistent with the Code, and having attempted to remedy any situation within their organization, engineers are obligated to report to their professional association or other appropriate agency any illegal or unethical engineering decisions by engineers or others. Care must be taken not to enter into legal arrangements which compromise this obligation.
Professional Accountability and Leadership.
Engineers have a duty to practice in a careful and diligent manner, accept responsibility, and be accountable for their actions. This duty is not limited to design, or its supervision and management, but applies to all areas of practice. For example, it includes construction supervision and management, preparation of shop drawings, engineering reports, feasibility studies, environmental impact assessments, engineering developmental work, etc.
The signing and sealing of engineering documents indicates the taking of responsibility for the work, regardless where or for whom the work is done, including but not limited to, privately and publicly owned firms, crown corporations, and government agencies/departments. There are no exceptions; signing and sealing documents is appropriate whenever engineering principles have been used.
Taking responsibility for engineering activity includes being accountable for one's own work and, in the case of a senior engineer, accepting responsibility for the work of a team. The latter implies responsible supervision where the engineer is actually in a position to review, modify and direct the entirety of the engineering work. This concept requires setting reasonable limits on the extent of activities, and the number of engineers and others, whose work can be supervised by the responsible engineer. The practice of a "symbolic" responsibility or supervision is the situation where an engineer, say with the title of "chief engineer", takes full responsibility for all engineering on behalf of a large corporation, utility or government agency/department, even though the engineer may not be aware of many of the engineering activities or decisions being made daily throughout the firm or department. The essence of this approach is that the firm is taking the responsibility of default, whether engineering supervision or direction is applied or not.
Engineers have a duty to advise their employer and, if necessary, their clients and even their professional association, in that order, in situations when the overturning of an engineering decision may result in breaching their duty to safeguard the public. The initial action is to discuss the problem with the supervisor/employer. If the employer does not adequately respond to the engineer's concern, then the client must be advised in the case of a consultancy situation, or the most senior officer should be informed in the case of a manufacturing process plant or government agency. Failing this attempt to rectify the situation the engineer must advise in confidence his professional association of his concerns.
In the same order as mentioned above, the engineer must report unethical engineering activity undertaken by other engineers or by non-engineers. This extends to include for example, situations in which senior officials of a firm make "executive" decisions which clearly and substantially alter the engineering aspects of the work, or protection of the public welfare or the environment arising from the work.
With the rapid advancement of technology in today's world and the possible social impacts on large populations of people, engineers must endeavor to foster the public's understanding of technical issues and the role of Engineering more than ever before.
Conclusion.
Always remember that war, greed, misery and ignorance, plus natural disasters and human induced pollution and destruction of resources, are the main causes of the progressive impairment of the environment and that engineers, as active members of society, deeply involved in the promotion of development, must use their talent, knowledge and imagination to assist society in removing those evils and improving the quality of life for all people.
