Codes of ethics II

Definitions and key terms

Definitions

Professional engineer

A Professional Engineer is an individual who is qualified to practice engineering by reason of engineering education, training, experience, and examination in the application of engineering principles and the interpretation of engineering data and who has been duly licensed as a professional engineer by the board. The board may designate a professional engineer, on the basis of education, experience, and examination, as being licensed in a specific discipline or branch of engineering signifying the area in which the engineer has demonstrated competence.

Practice of engineering

The Practice of Engineering means any service or creative work requiring engineering education, training, and experience in the application of engineering principles and the interpretation of engineering data to engineering activities, including the engineering design of buildings, structures, products, machines, processes, and systems, that potentially impact the health, safety, and welfare of the public.

These services may include, but are not limited to:

• Providing planning, studies, designs, design coordination, drawings, specifications, and other technical submissions
• Teaching engineering design courses
• Commissioning of engineered systems
• Performing surveying that is incidental to the practice of engineering
• Reviewing construction or other design products for the purposes of monitoring compliance with drawings and specifications related to engineered works

Responsible charge

Responsible Charge means direct control and personal supervision of engineering or surveying work.

Engineer Intern

An Engineer Intern is an individual who has been duly certified as an engineer intern by the board, typically after passing the Fundamentals of Engineering (FE) examination.

Signature and Seal

Signature means a name, mark, or writing made by the professional engineer or professional surveyor with the intention of verifying or authenticating a document. Electronic or Digital Signature means an electronic sound, symbol, process, or secure digital code that uniquely identifies and authenticates the sender, attached to or logically associated with an electronically transmitted record and executed or adopted by a person with the intent to sign the record. Seal means a symbol, image, or list of information used to authenticate engineering documents.

Requirements for licensure

General requirements

To be eligible for licensure as a professional engineer, an individual must meet all of the following requirements:

1. Be of good character and reputation
2. Satisfy the education criteria set forth by the board
3. Satisfy the experience criteria set forth by the board
4. Pass the applicable examinations set forth by the board
5. Submit five references acceptable to the board

Education requirements

An individual seeking licensure as a professional engineer shall possess one or more of the following education qualifications:

• A degree in engineering from an EAC/ABET-accredited bachelor’s program
• A degree in engineering from an EAC/ABET-accredited master’s program
• A bachelor’s, master’s, or doctoral degree in engineering from a non-EAC/ABET-accredited program that meets the NCEES Engineering Education Standard

Examination requirements

An individual seeking licensure as a professional engineer shall take and pass:

• The NCEES Fundamentals of Engineering (FE) examination
• The NCEES Principles and Practice of Engineering (PE) examination
• Any jurisdiction-specific examination

Experience requirements

An individual seeking licensure as a professional engineer shall present evidence of a specific record of four years of progressive engineering experience after a qualifying degree is conferred. This experience should be of a grade and character that indicate to the board that the applicant may be competent to practice engineering.

Educational substitutions:

• An individual with a master’s degree in engineering acceptable to the board: three years of experience after the qualifying bachelor’s degree
• An individual with an earned doctoral degree in engineering acceptable to the board who has passed the FE exam: two years of experience
• An individual with an earned doctoral degree in engineering acceptable to the board who has elected not to take the FE exam: four years of experience

Important Notes:

• A graduate degree that is used to satisfy education requirements cannot be applied for experience credit toward licensure
• To be eligible for experience credit, graduate degrees shall be relevant to the applicant’s area of professional practice
• Experience credit for a graduate degree cannot be earned concurrently with work experience credit

Grounds for disciplinary action

Actions Against Licensees

The board shall have the power to suspend, revoke, place on probation, fine, recover costs, and/or reprimand, or to refuse to issue, restore, or renew a license to any licensee found guilty of:

1. Any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure
2. Any negligence, incompetence, or misconduct in the practice of engineering or surveying
3. Conviction of or entry of a plea of guilty or nolo contendere to any felony, or to any crime involving dishonesty or directly related to the practice of engineering
4. Failure to comply with any of the provisions of the Act or any of the rules or regulations of the board
5. Discipline by another jurisdiction if at least one of the grounds for discipline is the same or substantially equivalent
6. Failure to provide information requested by the board as a result of a complaint
7. Knowingly making false statements or signing false statements in connection with the practice of engineering
8. Aiding or assisting another person in violating any provision of the Act
9. Violating any terms of any Order imposed or agreed to by the board
10. Signing, affixing, or permitting the licensee’s seal or signature to be affixed to documents not prepared under the licensee’s responsible charge
11. Engaging in dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public
12. Providing false testimony or information to the board
13. Habitual intoxication or addiction to the use of drugs or alcohol
14. Providing engineering services outside any of the licensee’s areas of competence

Actions against unlicensed individuals

The board shall have the power to fine and recover costs from any unlicensed individual found guilty of:

1. Engaging in the practice or offer to practice of engineering without being licensed
2. Using words such as “professional engineer” or “engineering” in their name or business activity without authorization
3. Using or advertising any title tending to convey the impression that the individual is a professional engineer
4. Presenting or attempting to use the license or seal of a licensee
5. Engaging in any fraud or deceit in obtaining or attempting to obtain a license
6. Impersonating any licensee
7. Using or attempting to use an expired, suspended, revoked, inactive, retired, or nonexistent license

Factors in determining fines

In determining the amount of fine to be assessed, the board may consider such factors as:

• Whether the amount imposed will be a substantial economic deterrent to the violation
• The circumstances leading to the violation
• The severity of the violation and the risk of harm to the public
• The economic benefits gained by the violator as a result of noncompliance
• The interest of the public
• Consistency of the fine with past fines for similar offenses, or justification for the fine amount

Enforcement of codes of ethics

Organizations that enforce codes

Various organizations enforce codes of ethics for engineers:

• Technical societies (e.g., ASCE, ASME, IEEE)
• National professional societies (e.g., the National Society of Professional Engineers)
• State professional societies (e.g., the Michigan Society of Professional Engineers)
• State licensing boards

Organizations that do not enforce codes

Companies that write, administer, and grade licensing exams typically do not enforce codes of ethics for engineers. Their role is limited to examination administration rather than professional conduct oversight.

Balancing competing obligations

The challenge of multiple stakeholders

Engineers rarely face situations where only one ethical principle is at stake. More commonly, they must balance competing obligations to different stakeholders. The hierarchy of priorities discussed earlier provides guidance, but applying it in practice requires judgment.

Framework for ethical decision-making

When facing an ethical dilemma, engineers should consider the following questions:

1. Who are the stakeholders? Identify all parties who may be affected by the decision.
2. What are the potential consequences? Consider both short-term and long-term effects of different courses of action.
3. What do the codes of ethics say? Review applicable codes for guidance on the specific situation.
4. What would a reasonable engineer do? Consider how a competent, ethical colleague would handle the situation.
5. Can you defend your decision publicly? If your decision were reported in the news, would you be comfortable explaining it?

When obligations conflict

When obligations to different stakeholders conflict, the hierarchy of priorities provides guidance:

• Public vs. client: Public safety takes precedence over client interests.
• Law vs. employer: Legal requirements take precedence over employer directives.
• Profession vs. personal gain: Professional standards take precedence over personal financial interests.

Seeking guidance

Engineers facing difficult ethical decisions should not hesitate to seek guidance from:

• Professional societies and their ethics committees
• State licensing boards
• Colleagues and mentors
• Legal counsel when appropriate

The importance of ethical culture

Organizational influence

While individual engineers bear personal responsibility for their ethical decisions, organizations play a crucial role in shaping ethical behavior. Companies that prioritize safety and integrity make it easier for engineers to act ethically. Conversely, organizations that pressure employees to cut corners or ignore safety concerns create environments where ethical violations are more likely.

Creating ethical organizations

Engineers in leadership positions have a responsibility to create organizational cultures that support ethical behavior:

• Clear policies: Establish clear policies on safety, quality, and ethical conduct.
• Open communication: Create channels for employees to raise concerns without fear of retaliation.
• Leading by example: Demonstrate ethical behavior in all decisions and actions.
• Accountability: Hold all employees, including senior leaders, accountable for ethical conduct.

Responding to unethical pressure

Engineers who face pressure to act unethically should:

1. Document the situation. Keep records of requests, decisions, and communications.
2. Seek clarification. Sometimes apparent ethical conflicts arise from misunderstandings.
3. Escalate appropriately. Use internal channels to raise concerns with higher management.
4. Know your rights. Understand whistle-blower protections and other legal safeguards.
5. Seek external guidance. Consult with professional societies, licensing boards, or legal counsel.

Summary

Engineering ethics form the foundation of professional practice. The codes of ethics established by professional societies and licensing boards serve multiple purposes: they educate engineers about expected conduct, protect the public from unscrupulous practitioners, and maintain the integrity and reputation of the engineering profession.

Key principles that emerge from all codes of ethics include:

1. Public welfare is paramount — Engineers must always prioritize the health, safety, and welfare of the public above all other considerations, including the interests of employers and clients.

2. Competence is essential — Engineers must practice only in areas where they are qualified and must continually develop their professional skills.

3. Honesty and integrity are non-negotiable — Engineers must be truthful in all professional matters and avoid conflicts of interest.

4. Professional courtesy matters — Engineers must treat colleagues with respect and avoid actions that would harm the profession.

5. Sustainability is increasingly important — Modern codes emphasize the engineer’s responsibility to consider environmental impacts and the needs of future generations.

While no code can provide automatic answers to every ethical dilemma, these principles provide a framework for professional decision-making. When faced with difficult situations, engineers must apply creative problem-solving skills to navigate competing obligations while maintaining their commitment to ethical practice.