Code of Ethics for Mining Engineers.pptx

Code of Ethics for mining engineering profession in the philippines

1. CODE OF ETHICS FOR MINING ENGINEERS Presented by: ENGR. GEROME L. AMPER

2. Intended Learning Outcome Know and practice Code of Ethics for Mining Engineers

3. ETHICS?

4. ETHICS Is the process of questioning, discovering and defending our values, principles and purpose. ( https://ethics.org.au/knowledge/what-is-ethics/ )

5. A set of moral principles :  a theory or system of moral values The discipline dealing with what is good and bad and with moral duty and obligation ( https://www.merriam-webster.com/dictionary/ethic ) ETHICS

6. PRC January 10, 1986

7. KEY POINTS General Principles: Upholding the dignity and honor of the profession, acting with morality, and using knowledge for the benefit of society (Article I).

8. KEY POINTS Loyalty and Responsibility: Loyalty to the country, upholding the law, and protecting natural resources (Articles I & II).

9. KEY POINTS Public Safety: Prioritizing public safety, offering pro bono service in emergencies, and providing truthful information (Article III).

10. KEY POINTS Client and Employer: Providing competent service, safeguarding client interests, and avoiding conflicts of interest (Article IV).

11. KEY POINTS Fair Treatment of Employees: Ensuring employee well-being, fair treatment, and adherence to labor laws (Article V).

12. KEY POINTS Respectful Collegiality: Treating colleagues with respect, avoiding plagiarism, and giving proper credit (Article VI).

13. KEY POINTS Environmental Responsibility: Using resources wisely and promoting sustainable practices (Article VII).

14. PREAMBLE It is a solemn responsibility of a Mining Engineer, after admission in the practice of mining engineering to adhere to the fundamental principles of his/her profession guided by a norm of conduct consistent with this Code of Ethics.

15. Article I: Declaration of Principles Mining engineering is a privilege granted by the state (RA 4274). This privilege requires a high degree of knowledge, efficiency, responsibility, and morality.

16. Article I: Declaration of Principles Uphold the dignity and honor of the profession at all times Respect the duly constituted authorities Protect and conserve the natural resources of the state for the benefit of present and future generations (RA 7942, DAO 96-40)

17. Guiding Principle Description Responsibility and Morality Mining engineers have a responsibility to uphold the dignity and honor of their profession. This means acting with integrity and honesty in all their dealings. Respect for the Law and Authorities Mining engineers must respect the law and obey the duly constituted authorities. This includes complying with all relevant environmental and safety regulations. Environmental Stewardship Mining engineers have a responsibility to protect, conserve, and utilize natural resources for the benefit of present and future generations. This means using sustainable mining practices and minimizing the environmental impact of their work. Article I: Declaration of Principles

18. Article II: Responsibilities to the State U phold the Constitution of the Philippines and obey all laws F aithfully exercise their profession to conserve and protect natural resources Strive for the common good and contribute their expertise to national projects

19. Article III: Responsibilities to the Community P rioritize the safety and welfare of the community O ffer their professional services without compensation in times of crisis N ot provide false or misleading information that could endanger the community B ase their professional opinions on facts and competent analysis

20. Article III: Responsibilities to the Community A void sensational or exaggerated statements that could promote unethical activities Share their knowledge and expertise with the community in an honest and unbiased manner N ot publish reports or maps that could be used for untoward purposes

21. Article IV: Responsibilities to Employer and Clients Serve clients/employers to the best of their ability Protect client/employer interests with professionalism Avoid promoting unethical or illegal interests Resolve conflicts between obligations and ethics. If unresolved, sever the relationship

22. Article IV: Responsibilities to Employer and Clients Disclose potential conflicts of interest Maintain confidentiality of client/employer information Avoid clients with conflicting interests Act in the best interests of clients/employers Avoid relationships that could create conflicts Refer clients/employers to experts when needed (without compensation for referral) Act as a trustee when preparing contracts and documents

23. Article V: Responsibilities to Employees Promote the welfare of employees, respecting their rights Share substantial profits with employees who contribute significantly Obey all labor laws and regulations Strive to improve employee knowledge and skills, prioritize safety, and maintain equipment efficiency

24. Article VI: Responsibilities to Colleagues Treat colleagues with respect and courtesy Avoid criticizing colleagues unless their actions are unethical Do not associate with those who engage in unethical practices Acknowledge and credit the professional work of colleagues

25. Article VI: Responsibilities to Colleagues Give credit to associates, subordinates, or partners who contribute to your work Avoid taking unfair advantage of colleagues or using your position to harm them Encourage the professional development of colleagues, especially in leadership positions

26. Article VI: Responsibilities to Colleagues Give credit to associates, subordinates, or partners who contribute to your work Avoid taking unfair advantage of colleagues or using your position to harm them Encourage the professional development of colleagues, especially in leadership positions

27. Article VI: Responsibilities to Colleagues Do not claim to be a consultant unless you have the necessary qualifications and independence Promote cooperation among colleagues and share knowledge ethically Be actively involved in professional organizations

28. Article VII: The Essence of the Mining Engineer’s Duties and Responsibilities Uphold ethical and lawful conduct in all aspects of professional practice Ensure wise conservation, development, and utilization of mineral resources for current and future generations

29. Article VIII: Penal Provisions Violation of any provision of this Code shall constitute unethical or unprofessional conduct, and shall be dealt with under the provisions of Section 22 of the Mining Engineering Law.

30. General Misconduct Unethical Practice: This is a broad term encompassing any behavior that violates the code of ethics. Professional Misconduct: Similar to unethical practice, but emphasizes the violation occurring within a professional context. Negligence: Failing to exercise due care in performing professional duties, potentially leading to harm or damage.

31. Misconduct related to Public Safety and Environment Safety Violation: Disregarding safety regulations or standards, putting workers or the public at risk. Environmental Violation: Failing to comply with environmental laws and regulations, causing damage to the environment. Greenwashing: Misrepresenting a project or company's environmental practices to appear more sustainable than they are.

32. Misconduct related to Client and Employer Conflict of Interest: Failing to disclose a personal or financial interest that could influence professional judgment. Fraud: Intentionally deceiving a client or employer for personal gain. Misrepresentation: Providing false or misleading information about a project or resource. .

33. Misconduct related to Client and Employer Salting Claims: A situation where someone plants false evidence of valuable minerals on a mining claim to make it appear more attractive to potential buyers.

34. Misconduct related to Colleagues Plagiarism: Stealing another engineer's work and presenting it as your own. Discrediting the Profession: Engaging in behavior that reflects poorly on the entire profession of mining engineering.

35. Misconduct related to Client and Employer Salting/Claim Salting : A situation where someone plants false evidence of valuable minerals on a mining claim to make it appear more attractive to potential buyers. Highgrading : The act of selectively removing high-grade ore from a sample to falsely represent the overall quality of a deposit.

36. Misconduct related to Client and Employer Fraudulent Claim Staking: This term describes the act of staking a mining claim based on false evidence of valuable minerals. Claim Jumping: Staking a claim on land that is already legitimately claimed by someone else. False Location: Intentionally misrepresenting the location of a mineral deposit on a claim.

37. Misconduct related to Employees Labor Law Violations: Failing to comply with laws governing employee rights, working conditions, and compensation. Unsafe Work Practices: Creating or allowing unsafe working conditions for employees.

38. Scenario Analysis #1 A mining company you work for is planning to develop a new mine in an area with a history of landslides. The company geologist expresses concerns about the stability of the mountainside where the mine will be located. Your supervisor, however, pressures you to approve the project without further investigation, citing the potential economic benefits to the local community. Considering the principle of protecting the safety and welfare of the public (Article III, Rule 1), what is the MOST ethical course of action?

39. Scenario Analysis #2 A small mining operation you consult for is using an outdated extraction method that generates a significant amount of waste material. The company owner asks you to help them find a way to dispose of the waste cheaply, even if it means using a method that might not comply with environmental regulations. Considering the principle of protecting and conserving natural resources (Article I, Rule 3), what is your best course of action?

40. Scenario Analysis #3 A friend who recently graduated as a mining engineer is offered a job at a mine with a poor safety record. Despite your warnings about the risks, your friend is eager to gain experience and accepts the position. Based on the principle of responsibility to colleagues (Article VI, Rule 1), how can you best support your friend?

41. Scenario Analysis #4 You are working on a project with a team of experienced engineers. One team member consistently takes credit for your work and ideas during meetings with clients. Considering the principle of ensuring proper credit and recognition (Article VI, Rule 4), how should you address this situation?

42. Scenario Analysis #5 A mining company hires you to design a ventilation system for a new underground mine. The company representative pressures you to use a cheaper, less efficient design to reduce project costs. This design might lead to inadequate ventilation and pose health risks to miners. Based on the principle of faithfulness to client and employer (Article IV, Rule 1), what should you do in this situation?

43. Scenario Analysis #6 A small mining company you consult for is considering using a new, experimental mining technology that could potentially revolutionize the industry. However, the technology hasn't been thoroughly tested, and there are concerns about its environmental impact. The company owner asks you to approve the project based on the potential economic benefits. Considering the principle of protecting natural resources (Article I, Rule 3) and practicing ethical conduct (Article I, Rule 1), what is your best course of action?

44. Scenario Analysis #7 A mining company you work for is developing a new mine in a remote area. The project requires relocating a small village. The villagers are hesitant to leave their ancestral homes and express concerns about inadequate compensation. Your company is eager to expedite project development. Based on the principles of responsibility to the community (Article III) and upholding the dignity and honor of the profession (Article I, Rule 1), what is the MOST ethical course of action?

45. Scenario Analysis #8 A mining equipment supplier offers you a luxurious vacation package in exchange for recommending their equipment to your current employer. This equipment is more expensive than some alternatives but may not necessarily be the best fit for your project. Based on the principles of conflict of interest and professional conduct (Article IV, Rule 7 & Article I, Rule 1), what is the MOST ethical response?

46. RA 4274 Presented by: ENGR. GEROME L. AMPER

47. Intended Learning Outcome Know the mining-related laws, executive orders, administrative orders, and department issuances

48. An Act to Regulate the Practice of Mining Engineering, to Provide for Licensing and Registration of Personnel of Mines and Quarries, and for Other Purposes This Act shall be known as the “ Mining Engineering Law of the Philippines .” Approved on June 19, 1965 RA 4274

49. A person shall be deemed to be practicing mining engineering or rendering mining engineering service within the meaning and intent of this Act who shall, for a fee, salary or other reward of compensation, paid to him or through another person, or even without such compensation, render or offer to render by means of signs, cards, advertisements, written reports, and/or in any other manner offer to practice mining engineering in the form of consultation, investigation, mining reports, valuation and ore reserve calculation; take charge of, direct and/or supervise underground and/or surface mining, opencuts , pits and/or quarries; shaft sinking, tunneling, stopping, dredging, hydraulicking and sluicing for minerals and/or mineral products: Provided, That the above functions are exercised in a responsible and independent capacity. Professional Regulation Commission

50. Creation of a Board: A Board of Examiners for Mining Engineers is established to administer the registration process and enforce the law. (Section 2, 4) Key Points Be a Filipino citizen Hold a degree in Mining Be a registered and licensed mining engineer in the Philippines Have at least 10 years experience in mining engineering, metallurgy or geology (with at least 5 years in mining engineering) Not be a faculty member in a program related to mining engineering, geology or metallurgy Be recommended by a professional mining engineering society

51. Registration Requirement: Anyone practicing mining engineering in the Philippines needs to be registered with the Board. There are some exemptions for government employees and foreign consultants. (Sections 11, 13) Key Points

52. Government Consultants: People hired by the Philippine government for consultation or specific purposes related to mining don't need registration, but their work is limited to that project. Foreign Consultants (with limitations): Foreign specialists can be exempt if: A Philippine professional society confirms there are no qualified Filipinos available for that specific mining engineering field. They get Board approval and meet conditions like submitting qualifications beforehand, not practicing privately, and having a registered Filipino understudy. The exemption is for a maximum of one year (renewable for another six months). Previously Registered Professionals : Those already registered as mining engineers or certified as mine/mill/quarry foremen under a previous law are automatically recognized and don't need to re-register. Key Points

53. Qualifications for Registration: (Sections 15, 16) Key Points For Mining Engineer: Be at least 21 years old For foreigners, reciprocity with the Philippines is required Be of good moral character. Have a Bachelor of Science degree in BSEM Have a Bachelor of Science degree in any Engineering field or Geology, with at least 5 years of practical mining experience (verified by the Board).

54. Qualifications for Registration: (Sections 15, 16) Key Points For Mine/Quarry Foreman: Be at least 21 years old For foreigners, reciprocity with the Philippines is required Be of good moral character. Completion of a mining and/or quarry course At least 5 years of actual experience in mining and/or quarrying

55. Key Points Examinations: Applicants for registration must pass written exams on topics like mining engineering, geology, and law. (Sections 14, 17)

56. Key Points Examinations: Applicants for registration must pass written exams on topics like mining engineering, geology, and law. (Sections 14, 17) Issuance of Certificates: The Board issues certificates of registration to qualified applicants. (Section 19)

57. Key Points Penalties for Unregistered Practice: Practicing mining engineering without registration is punishable by fines or imprisonment. (Section 24) Minimum Staffing Requirements: Mining operations must have a certain number of registered mining engineers and/or foremen on staff, depending on the size of the operation. (Section 25)

58. Key Points Minimum Staffing Requirements Number of Workers Mining Engineer Foreman 25 to 50 1 51 to 100 1 1 25 to 75 per shift 1 1 Over 75 per shift 1 1

59. Key Points Posting of Certificates: The certificates of registered professionals working at a mine or quarry must be posted on-site. (Section 26) Foreign Reciprocity: Foreign mining engineers can only practice in the Philippines if their home country grants the same privilege to Filipino mining engineers. (Section 28)

60. The reputation of the entire mining profession rests on the shoulders of each individual engineer. The Code of Ethics serves as a vital guide, ensuring that integrity and ethical conduct remain at the core of every decision we make. -Excerpt from the "Mining Engineering Code of Ethics" published by the International Council on Mining and Metals (ICMM) (2020)

61. END OF PRESENTATION