Code of Ethics by Russel de Zilwa

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Professional Code of Ethics

IESL
February 2013

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 and
bad, and with moral duty and obligation

The principles of conduct governing an


individual or group (professionals)

The value structure that guides the actions


of a person, whether individual or corporate,
in his/her/their dealings with any other
person, or with society in general.
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Public
Professional
Practice

Government

Professional
Bodies

Professional Practice

Public

Professional
Bodies

Government

ETHICS
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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 to
use 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 large

impact on the environment and on society. The


engineering profession thus has an obligation to ensure
that it works in the public interest and with regard for
health, safety and sustainability.

Framework Statement
National associations of engineers, and FEANI with

regard to EURING registrants, have codes of conduct


which have much in common and which have the intent
of implementing the above ethical principle. As a result
of this convergence the European engineering
profession as a whole can make a universal statement
regarding the conduct of professional engineers.

FEANI Code of Conduct


Individual engineers have a personal obligation to act with integrity, in the
public interest, and to exercise all reasonable skill and care in carrying out
their 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 out
assignments
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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FEANI Code of Conduct


Codes of Conduct

The pan-European statement on engineering ethics and


conduct presented above is best implemented through
the codes issued by national engineering associations.

These codes can, and in general already do, incorporate


the listed objectives in a form which reflects national
circumstances and allow additional objectives to be
added as required by national practice.

IEEE Code of Ethics


We, the members of the IEEE, in recognition of the importance of our
technologies in affecting the quality of life throughout the world, and in
accepting a personal obligation to our profession, its members and the
communities we serve, do hereby commit ourselves to the highest ethical and
professional 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 to


disclose them to affected parties when they do exist;

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


data;

to reject bribery in all its forms;


to improve the understanding of technology, its appropriate application, and
potential consequences;

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IEEE Code of Ethics


to maintain and improve our technical competence and to undertake
technological 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, to


acknowledge and correct errors, and to credit properly the
contributions 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 by


false or malicious action;

to assist colleagues and co-workers in their professional

development and to support them in following this code of ethics.


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American Society of Civil Engineers


Fundamental Principles
Engineers uphold and advance the integrity, honour and
dignity of the engineering profession by:

using their knowledge and skill for the enhancement of


human welfare;
being honest and impartial and serving with fidelity the
public, their employers and clients;
striving to increase the competence and prestige of the
engineering profession; and
supporting the professional and technical societies of
their disciplines.
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American Society of Civil Engineers


Fundamental Canons

Engineers shall hold paramount the safety, health and welfare of


the public in the performance of their professional duties.
Engineers shall perform services only in areas of their
competence.
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 of
interest.
Engineers shall build their professional reputation on the merit of
their services and shall not compete unfairly with others.
Engineers shall act in such a manner as to uphold and enhance
the honor, integrity, and dignity of the engineering profession.
Engineers shall continue their professional development
throughout their careers, and shall provide opportunities for the
professional development of those engineers under their
supervision.
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IESL CODE OF ETHICS


1. Engineers shall hold paramount the safety,
health and welfare of the public and proper
utilization of funds in the performance of their
professional duties. It shall take precedence
over their responsibility to the profession, to
sectional 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 and
dignity 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 the
interest of their employer or client for whom they shall
act, in professional matters, as faithful agents or
trustees, so far as they do not conflict with the other
requirements listed here and the general public interest.

[FEANI, ASCE,]
6. Engineers shall give evidence, express opinions or
make statements in an objective and truthful manner.

[FEANI, IEEE]
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IESL CODE OF ETHICS (contd.)


7. Engineers shall continue their professional
development throughout their careers and
shall actively assist and encourage engineers
under their direction to advance their
knowledge and experience. . [FEANI, ASCE,

IEEE]
8. Engineers shall be committed to the need for
sustainable management of the planets
resources and seek to minimize adverse
environmental impacts of their engineering
works or applications of technology so as to
protect both present and future generations .

[FEANI, ASCE, IEEE]

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IESL CODE OF
ETHICS

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Clause 1
Engineers shall hold paramount the safety, health and welfare of
the public and proper utilization of the funds and other resources
in the performance of their professional duties. It shall take
precedence over their responsibility to the profession, sectional
private 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 public


welfare. {SERVICE TO THE PUBLIC}

shall work in conformity with recognised engineering standards so as not to


jeopardise the public welfare, health or safety. {STANDARDS}

shall not participate in assignments that would create conflict of interest

between their (engineers) clients /employers and the public and shall advise the
client 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 and
bring to their (clients) notice their (Engineers) obligations as
professionals to inform the relevant authority {CONVICTION}

shall contribute to public discussion on engineering matters in their

areas 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 or


assistance as may be required .{WHISTLE BLOWING}

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

Shall actively contribute to the well being of society and, when

involved, in any engineering project or application of technology,


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

Clause 2
Engineers shall always act in such a manner as to uphold and
enhance the honour, integrity and dignity of the professional while
safeguarding public interest at all times. [HONOUR OF THE
PROFESSION]
This requires that the profession should endeavour by its behaviour to merit
the highest esteem of the community. It follows therefore that engineers-

shall not involve themselves with any business or professional practice

which they know to be fraudulent or dishonest in nature. {DISHONESTY}

shall not use association with other persons, corporations or partnerships


to conceal unethical acts. {ASSOCIATIONS}

shall not continue in partnership with, or act in professional matters with

any engineer who has been removed from membership of this Institution
because of improper conduct. {INTEGRITY}
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Clause 3
Engineers shall build their reputation on merit and shall not compete
unfairly. [OWN ACHIEVEMENTS]

This requirement is to ensure that engineers shall not seek to gain a


benefit by improper means. It follows that engineers-

shall neither pay nor offer, directly or indirectly, inducements


including political contributions. {BRIBERY}

shall promote the principle of engagement of engineers

upon the basis of merit. They shall uphold the principle of


adequate and appropriate remuneration for professional
engineering staff and shall given due consideration to terms
of engagement which have the approval of the
Professionals appropriate association. {MERIT}

shall not attempt to supplant another engineer, employed or


consulting, who has been appointed. {UNDER CUTTING}

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Clause 3 (contd.)
shall neither falsify nor misrepresent their own or their
associates qualifications, experience and prior
responsibilities. {MISREPRESENTATION}

shall not maliciously do anything to injure, directly or


indirectly, the reputation, prospects or business of
others. {MALICIOUS TALK}

shall not use the advantage of a privileged position to

compete unfairly with other engineers. {CONNECTIONS}

shall exercise due restraint in explaining their own work

and shall refrain from unfair criticism of the work of other


engineers. {MODESTY}

shall give proper credit for professional work to those to

whom credit is due and acknowledge the contribution of 22


subordinates and others. (ACKNOWLEDGE}

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 and

experience in the specific technical fields involved. If an assignment


requires qualifications and experience outside their fields of
competence they shall engage competent professionals with
necessary qualifications and experience and keep the employers
and 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 or


document not prepared under their direction or control. {HONESTY}

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Clause 5
Engineers shall apply their skills and knowledge in the interest of their
employer or client for whom they shall act, in professional matters, as
faithful agents or trustees, so far as they do not conflict with the other
requirements listed here and the general public interest. [LOYALTY]
It follows that engineers-

shall at all times avoid all known or potential conflicts of interest. They

should 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 involve
them in conflict of interest. {LOYALTY}

shall when acting as administrators of a contract be impartial as between

the parties in the interpretation of the contract. This requirement of


impartially shall not diminish the duty of engineers to apply their skill and
knowledge in the interests of their employers or clients. {NEUTRALITY}

shall not accept compensation, financial or otherwise from more than one
party for services on the same project, unless the circumstances are fully
disclosed 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 for


specifying their products (except such designs obtained with the knowledge
and consent of the employer or client). {INTEGRITY}

shall neither solicit nor accept gratuities, directly or indirectly from

contractors or their agents, or other parties dealing with their clients or


employers in connection with work for which they are responsible.

{BRIBERY}

shall advise their clients or employers when as a result of their studies they
believe that a project will not be viable. (CONVICTION}
shall neither disclose nor use confidential information gained in the course
of 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 a

design safe to the public health and welfare and in conformity with accepted
engineering standards. If the client or employer insists on such
unprofessional conduct, they shall notify the proper authorities and withdraw
from further service on the project. {INTEGRITY}
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Clause 6
Engineers shall give evidence, express opinions or
make statements in an objective and truthful
manner. [THRUTHFUL]
It follows that-

engineers professional reports, statements or testimony


before any tribunal shall be objective and such opinions
shall be expressed only on the basis of adequate
knowledge and technical competence in the area, but
this does not preclude a considered judgement based
intuitively 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
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making a statement or giving evidence. {HONESTY}

Clause 7
Engineers shall continue their professional
development throughout their careers and shall
actively assist and encourage engineers under their
direction to advance their knowledge and
experience. [CPD]
The requirement here is that engineers shall strive to widen their
knowledge and improve their skill in order to achieve a continuing
improvement of the profession. It follows therefore that engineers-

shall encourage their professional employees and subordinates to


further their education, {LIFE-LONG LEARNING}

shall take a positive interest in and encourage their fellow engineers


actively to support the Institution and other professional engineering
bodies which further the general interest of the profession.
[INVOLVEMENT}

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Clause 8
Engineers shall be committed to the need for sustainable
management of the planets resources and seek to minimize
adverse environmental impacts of their engineering works or
applications of technology so as to protect both present and future
generations. [SUSTAINABILITY]
To this end engineers

shall carefully evaluate adverse environmental impacts and incorporate practical


remedial measures to minimize them. {ENVIRONMENTAL PROTECTION}

shall consider theoretical, legislative, regulatory and policy aspects of

environmental protection and sustainable management of the available


resources. {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, design
appropriately optimized systems. {CONSERVATION}

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CONCLUSION

The IESL Code of Ethics expects the Engineer to :


1. Primarily be concerned about People
2. Uphold the Honour of the Profession
3. To develop their reputation through their own
Achievements
4. Practice only in their areas of Specialization
5. Be Loyal to their employers
6. Be Truthful in reporting
7. Be involved in Lifelong Learning

PPA
SLTLE

8. Ensure that they practice Environmental


Sustainability

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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 the
Register of Chartered Engineers is entitled to describe
himself 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 person


who is not a Corporate Member of the Institution
shall not use after the title of such Firm the
designation Chartered Engineers.

No person who has ceased to be on the Roll shall


make use of any designation implying connection
with 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 the
Institution.
Without prejudice to the generality of the last preceding
By-law the Council may for the purpose of ensuring the
fulfilment of this requirement, make, amend and rescind
Rules to be observed by members with regard to their
conduct in any respect which may be relevant to their
position or intended position as members of the Institution
and may publish directions or pronouncements as to
specific conduct which is to be regarded as proper or as
improper.
In pursuance of the objectives of the above mentioned
clause the Rules of conduct to be observed by the members
of the Institution shall be those listed in the Code of Ethics
given as Appendix I with the By-laws of the Institution.
These Rules of conduct shall be binding on all members of
the Institution.

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IESL DISCIPLINARY
PROCEDURES

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DISCIPLINARY PROCEDURES

Any member against whom an allegation of


misconduct is made in writing by an individual or
by an institution, shall be informed in writing by the
President of the IESL of the allegation and shall be
given an opportunity to vindicate himself of the
charges (Vide By Law 33).

The President shall in consultation with the


President - Elect will decide on whether the
member has vindicated himself.

If the member is unable to vindicate himself, his


case shall be referred to a Disciplinary Committee
to investigate and report to the Council.

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Disciplinary Panel and


Disciplinary Committee

The Council at its first meeting for each session, will


nominate 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
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nominate a Chairperson.

DISCIPLINARY PROCEDURES

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 the


Chairman of the Disciplinary Committee within fourteen days from
the date of such notification;

that he is required to appear in person before the Disciplinary


Committee 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 the
hearing of the charges by the Disciplinary Committee.
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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 considered
by a committee comprising the President, the President - Elect
and a Vice President.

The Executive Secretary shall present the case against the


member at the first meeting of the Disciplinary Committee.

The Disciplinary Committee shall permit the member to be


represented at the disciplinary inquiry by a Corporate Member of
the Institution or he may decide to conduct his own defense.

The Disciplinary Committee shall endeavour to complete the


inquiry within one month.

If the member is absents without a valid reason, the inquiry shall


be adjourned and he/she shall be warned in writing by the
Executive Secretary that proceedings will be held ex-parte.
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DISCIPLINARY PROCEDURES

On the documentary evidence provided if the Disciplinary


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

If a detailed inquiry is decided upon, the following


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

The Disciplinary Committee at any stage of the inquiry may seek


legal advice if thought necessary with the approval of the President/
Council.

The decision of the Disciplinary Committee on any matter of


procedures or any objection raised on procedural grounds shall
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be final.

DISCIPLINARY PROCEDURES

The decision and any recommendations of the Disciplinary


Committee made at the conclusion of the inquiry shall be
submitted to the President of the Institution within three
weeks thereafter. The President shall submit the decision
and recommendation of the Disciplinary Committee to the
Council for action.

The Council may by resolution expel or suspend for any


period from membership, reprimand or admonish any
member found guilty of improper conduct. The Council
may direct that such member shall make a contribution
towards the expenses of the hearing before the Disciplinary
Committee.

A member shall not be expelled except by a majority


decision taken at a meeting of the Council at which at least
two thirds of the membership of the Council is present.
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DISCIPLINARY PROCEDURES

The order of the Council on the recommendation of


the Disciplinary Committee shall be notified to the
member by the Executive Secretary.

The member can appeal in writing within one month


of the date of receipt of such notification

The Council may refer such appeal to the


Disciplinary Committee for their observations. The
decision of the Council shall be final and shall be
conveyed to the member by the Executive Secretary.
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