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UNIT 2 2010-I-01

UNIT 2 2010-I-01 - ENGR 4760U Ethics Law and...

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Unformatted text preview: ENGR 4760U Ethics, Law and Professionalism for Engineers Unit 2 Ethics Unit 2010-I-01 2010-I-01 Dr. J. Michael Bennett, P.Eng., PMP UOIT 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 1 Unit 2 Ethics Change Record s 2010-I-01 Initial Creation 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-2 Unit 2 Ethics Course Outline 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. The Engineering Profession Ethics Engineering Law Intellectual and Industrial Property Conflict Resolution The Contracting Process Other Legal Issues for Professional Engineers Occupational Health and Safety Privacy Issues Legal Landmines in E-Commerce International Trade Environmental Laws and Regulations ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-3 Unit 2 Ethics Unit 2 Roadmap s s s s s s s s s s 2.1 Introduction 2.2 Moral Frameworks 2.3 Four Theories of Ethics 2.4 Formal Definition of Ethics 2.5 Resolving Ethical Dilemmas 2.6 Case Studies 2.7 Ethical Problems in Management 2.8 Management Case Studies 2.9 Ethical Problems in Practice 2.10 FIDEC Code of Ethics ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-4 Unit 2 Ethics 2 Engineering Ethics 1 of 4 branches of philosophy s Good/evil, right/wrong, justice/ideals, Good/evil, obligations/rights obligations/rights s “defining, analyzing, evaluating and defining, resolving moral problems leading to moral criteria that guides human behaviour” criteria s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-5 Unit 2 Ethics The Big 7 Themes of Eng Ethics I. II. III. IV. V. VI. VII. 2010-I-01 Engineering as Social Experimentation Ethics and Excellent Go Together Personal Commitment and Meaning Promoting Responsible Conduct and Promoting Preventing Wrong-doing Preventing Resolving Ethical Dilemmas Micro and Macro Ethics Cautious Optimism about Technology ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-6 Unit 2 Ethics I Engineering as Social Experimentation s s s s Projects generate new possibilities but also risks. Projects Must share the responsibility for creating benefits, preventing harm and pointing out dangers preventing Columbia Explosion (what difference do a few tiles Columbia make; I’ve got a schedule to keep!) make; Challenger Disaster (damn the O rings; I’ve got a Challenger schedule to keep!) schedule Titanic (Icebergs schmicebergs; I’ve got a schedule Titanic to keep!) to ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-7 Unit 2 Ethics New technologies are Janus-like 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-8 Unit 2 Ethics New Technologies are Dangerous “Janus-like” (good news and bad news) New possibilities with new dangers Engineers must accept and share Engineers responsibility for their work responsibility Exercise due care; foresee hazards Exercise (HAZOP) (HAZOP) Monitor their projects Alert other of dangers ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-9 Unit 2 Ethics Case Study: LeMessurier and Citicorp s s s s s s Engineer who build the Citicorp Tower in NYC Engineer (5th highest skyscraper) (5 Had to be built OVER a church Rises from 4 9-story high stilts 59 stories, Built in 1977 Uses an imaginatively designed truss frame that Uses incorporates outside wind braces for stability incorporates Tuned mass damper at top to keep building from Tuned swaying in the wind swaying ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-10 Unit 2 Ethics Citicorp 5 and Lexington NYC th 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-11 Unit 2 Ethics Axonometric view: Citicorp Building 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-12 Unit 2 Ethics The Story s s s 1 year later, student asks what a quartering wind year would do (40% stronger than a planar wind). Note that the building code only specified planar wind forces! forces! BM says no problem; the wind braces were of the BM highest quality weld BM contacts the engineer responsible for the BM erection and is told that Bethlehem steel did not think that they needed welding so they were just bolted together. Much weaker! bolted ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-13 Unit 2 Ethics Part 2 Check with Allan Davenport at UWO’s Check wind tunnel. He simulates the quartering wind and shows that the stresses are MUCH higher than 40%. higher s AND a wind like that comes every 16 years AND to New York to s Whoopsie! s 2-14 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 Unit 2 Ethics What should BM do? 1. 2. 3. Open his veins (considered that) Shut his mouth (had been approved by the Shut City and was within code) City Spill the beans 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-15 Unit 2 Ethics And The Envelope Please s s s s s Bill tells all! Bank and Insurers decide to retrofit the braces: Bank welding 2” thick steel plates over more than 200 bolted joints (requires shielding from people as the building is occupied). building Near the end, Hurricane Ella appears to be headed Near for NYC! Veered off at the last moment for Settled out of court. Insurance paid $2M. Cost was Settled $12.5. Paid by Citicorp $12.5. BM a HERO ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-16 Unit 2 Ethics II Ethics and Excellent Go Together s s Moral values are embedded at several junctures of Moral engineering projects (Citicorp) engineering Junctures: x x x x Basic standards of safety and efficiency Structure of corporations as communities of ethical Structure people engaged in shared activities people Ethical character of the engineer Engineering; a profession combining advanced skill Engineering; with commitment to the public good (DO NO HARM!) with 2-17 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 Unit 2 Ethics III Personal Commitment and Meaning s s s Engineers are required to meet the responsibilities Engineers of the code of ethics. of But sources of meaning can be highly personal; But and not shared by all. and Difficult areas: x x x x x Religion Environment Military work Family Personal ambitions ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-18 Unit 2 Ethics IV Promoting Responsible Conduct and Preventing Wrong-doing s s s s s 2001 Enron; 2002 WorldCom These folks KNEW they were doing wrong Arthur Anderson condoned Enron’s chicanery; Arthur now out of business now Must obey the law; no fraud, theft, bribery, Must incompetence, etc etc incompetence, Must have processes in place to see no wrongdoing is in place. Imagine a 401 with no OPP! ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-19 Unit 2 Ethics V Resolving Ethical Dilemmas This happens all the time s Ethical dilemmas are situations where Ethical moral reasons come into conflict. moral s Normally not obvious the best way to go s May be many ways s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-20 Unit 2 Ethics VI Micro and Macro Ethics Micro issues concern decisions made by Micro individuals and companies individuals s Macro issues concern global issues s SUVs s x Micro: Ford Explorer and Firestone x Macro: problem of SUVs in general 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-21 Unit 2 Ethics Ford Explorer (Micro Ethics) s s s s s s Tread on Explorer tires separated from the tire Tread causing rollovers and blowouts. Hundreds killed. Billions of dollars in class action suites Billions Bridgestone/Firestone used a flawed tire design Poor quality control on manufacturing Ford chose tires with a poor safety margin (low Ford cost!) cost!) Relied on users to maintain tire pressure within a Relied very narrow range very Dragged its feet on recall ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-22 Unit 2 Ethics SUVs (Macro Ethics) s s s s s s s s Very harmful on the road Instability with high centre of gravity Far higher kill rate of other cars drivers Reduce vision of other drivers Blind other drivers’ vision Guzzle mucho gaso 3,000 die every year over driving ordinary cars Going to get worse as young bucks buy old ones! ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-23 Unit 2 Ethics VII Cautious Optimism about Technology s Pessimists opine: x pollution x Depletion of natural resources x Killing of many many species x Mass death on the highways x Fear of chemical warfare (esp terrorist) x Landmines x Threat of nuclear war x Global warming 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-24 Unit 2 Ethics 20 Top Achievements of 20thc Engineering 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Electrification Automobiles Airplanes Water supply Electronics Radio/TV Ag mechanization Computers Telephones Air conditioning ©Dr. Michael Bennett 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Highways Spacecrafts Internet Imaging technologies Household appliances Petrochemical tech Laser and fiber optics Health technologies Nuclear technologies High-performance High-performance materials materials Winter 2010 2010-I-01 Ethics, Law and Professionalism 2-25 Unit 2 Ethics Herbert Hoover on Engineering s s “It (engineering) is a great profession. There is the fascination of It watching a figment of the imagination emerge through the aid of science to a plan on paper. Then it moves to realization in stone or metal or energy. Then it brings jobs and homes to men. Then it elevates the standards of living and adds to the comforts of life. That is the engineer’s high privilege. the The great liability of the engineer compared to men (sic) of other The professions is that his works are out in the open where all men can see them. His acts, step by step, are in hard substance. He cannot bury his mistakes like the doctors. He cannot argue them into thin air or blame the judge, like the lawyers. He cannot, like the architects, cover his failures with trees and vines. He cannot, like politicians, screen his shortcomings by blaming his opponents and hope that the people will forget. The engineer simply cannot deny that he did it. If his works do not work, he is DAMNED” not ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-26 Unit 2 Ethics 2.3 Four Theories of Ethics s s s s Mill’s Utilitarianism x Greatest good for greatest number Categorical imperative to behave well Rights because you are alive Goodness of act depends on function/goal Golden Mean ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 Kant’s Formalism x Locke’s Rights x Aristotle’s Virtue Ethics x x 2010-I-01 2-27 Unit 2 Ethics The 4 Theories Mills Mills utilitarianismutilitarianismbased Kant’s Dutybased A statement is correct if it produces the statement greatest benefit for the greatest number of people. Must consider duration, intensity, equal distribution intensity, Conflicts arise amongst Conflicts benefits. Your benefit has to be balanced against someone’s loss someone’s Duty is to do what would be acceptable Conflicts arise if principle Duty Conflicts for everyone to follow may cause harm. Telling a for white lie because it might hurt hurt Everyone is free-and-equal. All have Everyone rights to life, health, liberty, and possessions of her labour possessions Happiness comes from developing Happiness virtues and qualities of character, thru deduction and reason. An act is good if it comes from reason it ©Dr. Michael Bennett Locke’s Locke’s Right-based Right-based Aristotle Aristotle Virtue-based Virtue-based Can be hard to tell if one’s Can person rights infringe on another’s another’s Definition of virtue is hard Definition and may be culturally dependent. Golden mean can be good can Winter 2010 2010-I-01 Ethics, Law and Professionalism 2-28 Unit 2 Ethics 1 Mill’s Utilitarianism Always do what produces the most good for Always the most people the s Looks similar to Cost-Benefit analysis Looks (just add up the goodies and subtract the baddies) baddies) s Not so s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-29 Unit 2 Ethics Case Study: Ford Pinto For years, the best-selling compact in North For America America s Test showed that the windshield would pop Test out in collisions. So engineers moved the drive train back so that the differential was close to the gas tank close s Many exploded on rear-end collisions s 2-30 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 Unit 2 Ethics CBA s s s s s s s $11 part would greatly reduce the likelihood of injuries $11 ands death BUT ands Would drive the cost over $2,000 (perceived price-point) Would have to recall 12,5 million cars for a total cost of Would $137 million $137 But a death was worth $200,000 and an injury $67,000 Assumed 180m burn deaths (not a nice way to go!) and Assumed 180 serious injuries for a total cost of $49.5M 180 CBA says don’t put the part in! This is NOT Mill’s theory 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-31 Unit 2 Ethics Utilitarianism s s s Used by democracies all the time Problem is quantifying “maximum benefit” Mills suggested 3 factors should be considered 1 number of people affected 2 intensity of pleasure (pain) 3 Duration of pleasure (pain) Often please one set at the expense of another 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-32 Unit 2 Ethics Kant’s Formalism or Duty Ethics Every human has a duty to act in a correct Every and ethical manner and s Categorical Imperative s The intension is the thing not the result s No white lies! s If you do your duty, all will be well If (Teutonic eh?) (Teutonic s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-33 Unit 2 Ethics Kant’s Can’ts Be honest s Be fair s Do not hurt others s Do no harm s Do not lie s Never steal s Keep your promises s Obey the law s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-34 Unit 2 Ethics Problem Life is never black and white but gray s Does not consider the outcome of the action s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-35 Unit 2 Ethics 3 Locke’s Rights Ethics Every individual has rights because they Every exist exist The right to life and the right to the The maximum possible individual liberty is key maximum American Declaration of Independence Canadian Bill of Rights 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-36 Unit 2 Ethics Canadian Charter of Rights s s s s s Fundamental freedom of conscience, religion, Fundamental thought, belief, opinion, expression, peaceful assembly and association assembly Democratic rights to vote Mobility rights to enter, remain in and leave Canada Mobility (except provinces of course!) (except Legal rights to life, liberty and the security of the Legal person and the rights not to be deprived of these rights (unless you are deemed a terrorist!) rights Equality rights before and under the law and the Equality right to equal benefit and protection of the law right ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-37 Unit 2 Ethics Declaration of Rights (Jefferson) s We hold these truths to be self-evident, that all men are We created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-38 Unit 2 Ethics Buuut Thomas kept slaves! s Do you see the word “woman” ? s As the Pigs said in “Animal Farm” s “All us animals are equal but us pigs are a All little more equal that the rest of you!” little s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-39 Unit 2 Ethics Problems Locke would argue that income tax is Locke unethical because it deprives a person of their owned income their s Mills would refute this s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-40 Unit 2 Ethics 4 Aristotle’s Virtue Ethics The goodness of an act, object or person The depends on the function or goal concerned depends s Humans need to achieve true happiness by Humans developing the virtues of thought, reason, deduction and logic deduction s Virtues need to achieve the Golden Mean Virtues between excess and deficiency between s 2-41 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 Unit 2 Ethics Examples s Modesty is the golden mean between the Modesty excess of vanity and the deficiency of humility humility 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-42 Unit 2 Ethics Problems Hard to define “virtue” s What actually IS the mean? s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-43 Unit 2 Ethics 2.4 Precise Definition of Eng Ethics Are defined in the various provincial acts s Ontario defines the Ontario Code of Ethics Ontario but it is not enforceable under the Act. Not so with all of the others. so s Is covered under misconduct. s Two additional items s x Must post the Licence at place of work x Must inform employer of all moon-lighting 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-44 Unit 2 Ethics The 7 Ethical Duties (in order) 1. 2. 3. 4. 5. 6. 7. Duty to Society (major duty) Duty to Employers Duty to Clients Duty to Colleagues Duty to Employees and Subordinates Duty to the Engineering Profession Duty to Oneself ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-45 Unit 2 Ethics Case Study A Chinese-born student (who is not doing Chinese-born well) gives his 4760 prof a nice box of Godiva Chocolates for Valentine’s Day as a gift. This is the custom in her homeland. gift. s What ethical dilemmas are posed to the What prof? prof? s What is the ethical solution for the prof What here? here? s 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-46 Unit 2 Ethics Code of Ethics of the PEO 1) His/her duty to the public, employer, His/her clients, colleagues and himself to act at all times with times 1) 2) 3) Fairness and loyalty to associates, employers, Fairness clients, subordinates, employees clients, Fidelity to the public’s needs Devotion to high ideals of personal honour Devotion and professional integrity and ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2010-I-01 2-47 Unit 2 Ethics 2) A Practitioner shall i) ii) iii) iv) Regard his/her duty to public welfare as Regard paramount paramount Enhance the public’s regard for engineering Not express publicly PEng opinions not founded Not on adequate knowledge and honest conviction on Display his licence at his/her place of business 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-48 Unit 2 Ethics 3) He/she Shall Act as a faithful agent or trustee s Keep confidentiality wrt employers s x Business affairs x Technical methods or processes s Disclose any possible CofIs 2010-I-01 ©Dr. Michael Bennett Ethics, Law and Professionalism Winter 2010 2-49 Unit 2 Ethics 4) He/she shall tell the client of s Any conflict of interest that may be Any prejudicial in any way to the professional judgment in rendering services to the client judgment 2010-I-01 ©...
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