Professional ethics in engineering 8th semester cse unit 4 notes

Professional ethics in engineering unit 4 ppt for Anna University 8th semester cse students

1. UNIT IV SAFETY , RESPONSIBILITIES AND RIGHTS

2. SAFETY, RESPONSIBILITIES AND RIGHTS Safety and Risk Assessment of Safety and Risk Risk Benefit Analysis and Reducing Risk Respect for Authority Collective Bargaining Confidentiality Conflicts of Interest Occupational Crime Professional Rights Employee Rights Intellectual Property Rights (IPR ) Discrimination

3. Safety & Risk Safety was defined as the risk that is known and judged as acceptable . But, risk is a potential that something unwanted and harmful may occur Probability of safety = 1 – Probability of risk Risk = Probability of occurrence × Consequence in magnitude

4. Drawbacks of Lawrence's Definition Under-Estimate Risk Misjudgment of person Example: Coil Type Water heater Over-Estimation of Risk Products Risks comparatively less risks But people thinks “Unsafe” Example: Chlorine in drinking water No estimation of Risk Person who does not judge about risks Example: LPG Car

5. A modified Definition by Lowrence “ A thing is safe ( to certain degree) with respect to a given person or group at a given time, it its risks were fully known, if those risks would be judged acceptable (to certain degree), in light of settled value principles” Here things means not only products but also services, processes etc.,

6. Relatively Safety (fairly safety) Safety is expressed in terms of degree and comparisons. It means safety of the thing in comparison with safety of similar things Example Air travel> Car Travel > Bike Travel

7. 4.3 Engineers and Safety Safety should be integral part of any engineering design. In order to ensure safety following criteria should meet Design follow legal standards Alternate designs that are potentially safer should be explored. All possible misuse by the consumer should be identified, and that is to be avoided Designed product should be tested using prototypes

8. Designing for safety Alan D.Wilcox has summarized the process of incorporating safety into the engineering design as follows 1. Define the problem (issues of safety in the product design) 2. Generate alternate design solutions Analyze each design solutions Test the solutions Select the best ones Implement the chosen solution

9. 4.4 Risk Risk increases because engineers are constantly involved in innovation. New machines are created and new compounds synthesized always without full knowledge of their long-term effects on humans or the environment.

10. Risk Risk Definition in dictionary “ possibility of suffering harm or loss” Risk in technology could include dangers of bodily harm economic loss environmental degradation Engineers risk affects mostly the physical and economical well being Example: Faulty design of chemical plant Causes of risk: Delayed job completion, faulty products or systems

11. Risk - Definition

12. Natural Hazards and Disasters Natural hazards such as floods, earthquake, volcanoes etc greatly threatens and damages the long life of human populations A Disaster is a “ Serious disruptive event agrees with a state of insufficient preparations”

13. Factors influencing Risk 1. Voluntary Vs In voluntary Risk If a person knowingly takes any risks, then he feels it safe voluntary Risks are consider as safe (even if risks are really Unsafe) Involuntary Risks are consider as unsafe (even if risks are really Safe)

14. Factors influencing Risk 2.Short term vs Long term consequences If a thing will causes a short-lived illness or disability is safer than the thing that will result in permanent disability 3. Delayed vs immediate Risk An activity whose harm us delayed for many years will seem less risky than something with an immediate effect

15. Factors influencing Risk 4. Expected probability A relatively slight harm having more probability of occurring seems to be greater / unacceptable risk than a relatively a severe harm having lesser probability of occurring Example : 600 people unsafe – Choose option 50% safe not probability

16. Factors influencing Risk 5. Reversible Effects Something will seem less risky if the bad effects are ultimately reversible 6. Threshold levels of Risks Something that is risky only at fairly high exposures will seem safer than something with uniform exposure to risk

17. SAFETY AND RISK Imagine you are a fresh graduate. You get a job as an engineer in a large atomic power plant. Would you take it or not? Under what conditions would you take it? Under what conditions would you not? Why? People as Consumers: Active Consumers : directly involve themselves e.g., mowing the lawn, washing clothes or toasting bread. Passive Consumers : have less choice and less control e.g., Water, Electricity, Petrol, Bystanders : e.g., exposed to Pollution from unknown sources

18. 4.5 Acceptability of Risk According to D.Rowe, “ A risk is acceptable when those affected are generally no longer apprehensive about it” Apprehensiveness- doubtfulness is mainly depends on how the risk is perceived by people

19. Elements of Risks ( Factors influencing the perception of Risk) Whether risk is influenced voluntarily The effect of knowledge on how the probabilities of harm are perceived Job related or other pressures that cause people to be aware of risks Whether the effects of risky activity or situation are immediately noticeable Whether the potential victims are identifiable earlier

20. Acceptability of Risk (Effect of Risk Assessment) 1.Voluntarism & Control Voluntary Risk : If people take risk knowingly, then their involvement of risk is known as voluntary risk Many people consider safer if they knowingly take on the risk. Also the people believe that they have “Full Control” over their actions Example: Buying a Flat near chemical plant Participating in adventurous sports like bike race Controlled Risk: If the Risk taken within control limit Example: horseback riding hill climbing

21. Acceptability of Risk (Effect of Risk Assessment) 2 Effect of Information on Risk Assessment: The information about the danger should be in systematic and appropriate manner Many case studies have proved inappropriate manner lead to danger Threshold limit varies person to person From many experiments drawn 2 conclusions Options perceived as yielding company gain will lead to preferred over those from which gains are perceived as risky as convenient People tend to be more willing to take risk in order to perceived company losses than they are to win only possible gains

22. Acceptability of Risk (Effect of Risk Assessment) 3.Job Related Risk: The Exposure of Risk depends on the person’s job and his work place The nature of the job, and the working environment will determine the risk level of a person Example: People working in coalmines, oil mines chemical plants have probability of high risk Because of competition of survival The union and occupational safety regulations should regulate and enforce the employers to facilitate the standard working environment

23. Acceptability of Risk (Effect of Risk Assessment) 4. Magnitude and proximity: Our reaction to risk is affected by magnification and the personal identification and relationship we have with the victims For instance, We feel very bad if one of our close friends are subjected to great harm Magnitude of risk and proximity with victims greatly influence the degree of reaction of the risk

24. 4.6 Lessons for the engineers Engineers have the challenge to face the following two different public conceptions of safety Positive or optimistic Attitude Some people assume that things that are familiar, that have not hurt them on which they have some control present to real risk Negative or pessimistic Attitude Some people feel feared when an accident kills or harms in large numbers or affects their relations, they consider those risk as high risks Education will not quickly change under/over estimation The continuous & proper information about the dangers are necessary to educate the people The risk communication and risk management efforts are structured as two way process

25. 4.7 Risk-Benefit Value Function The risk and benefits are based on probable gain and probable loss

26. 4.8 Types of accident Procedural Accidents Result of someone making bad choice or not following established rules Example: - Road accidents Engineered Accidents Caused by errors in design Example: minor casting defects in aircrafts turbine blade Systematic Accidents They are difficult to understand & difficult to control Complex organization that are required to operate them Example: US Space Shuttle

27. 4.9 Assessment of Safety & Risk

28. Assessment of Safety & Risk Primary Cost: Production cost & Cost of Safety Secondary Cost Cost associated with warranty expense, lost of customer good will

29. 4.10 Determination of RISK In order to determine the risk one should have knowledge about the following criterions 1. Knowledge of Risk To assess risk, an engineer must identify risk, for that he must first know the information about the safety of standard products The past experience and historical data provide good information But historical data is inadequate The information is not freely shared among firms

30. Determination of RISK 2. Uncertainties in Design While designing a product, the design engineers must deal with uncertainties The uncertainties are in the form of product, materials used, economic conditions, temperature etc., The ‘Factor of safety’ is proposed to account for unpredictably high loads . It must follow A product is said to be safe if its capability exceeds its duty

31. Determination of RISK 3.Testing For Safety Once the product is designed, both prototypes and finished devices must be thoroughly tested It is essential that in engineering design, all the safety systems to be tested

32. Determination of RISK Different Approaches in testing Scenario Analysis The test starts from the given event, then studies the different moments that might develop from it Failure Modes & Effective Analysis It systematically examines each and every components without focusing on relationship among the elements of complex system Fault T ree Analysis(***) This approach propose system failure and then traces the events back to possible causes at component level Event Free Analysis This is the reverse of the fault free analysis. Mathematical oriented version of Testing This analysis is very useful in identifying a potentially hazardous situation a plant

33. 4.11 Risk Benefit Analysis It is technique, used to analyze the risk in project and to determine whether the project should be carried out or not It answers the following questions What are the benefits of product/project? Is the project is worth for the risk? Do benefits balance the risk? Everyone is ready to accept certain level of risks

34. Conceptual difficulties in Risk-Benefit Analysis Both risks and benefits very difficult to calculate because lie in future (uncertainties) Ensure who takes risk are to be enjoy benefit It is difficult to express both risk and benefits is a common set of units.

35. Ethical implications on Risk- Benefit Analysis While performing Risk –benefit analysis, one should keep in mind the following ethical questions: Under what condition, someone in society is entitled to impose a risk in someone else on behalf of supposed benefit to others? How can we consider the worst case scenarios of persons exposed to maximum risks while they are obtaining only minimum benefits? Are their rights violated? Are they provided safer alternatives?

36. Personal Risk If sufficient information is given to a person, he can able to decide whether to participate in a risky activity or not. Many experiments concluded- individuals are willing to face voluntary risks than involuntary risks They are difficult to assess Examples: A person living near chemical plant A Person working in nuclear plant

37. Assessing personal risk Answer following ethical questions How to access the money value of an individuals life? On what basis, the compensation for a risk can be decided? Is the compensation is justifiable? What will be the compensation if the tolerance level is above the tolerance level?

38. Minimize the difficulties in personal risk Life insurance Increased wages

39. Public Risk and public acceptance Public Risk can be easily determine than personal Risk Assessment studies related to technological safety can be conducted for public risk According to National Highways Traffic safety Administration(NHTSA) has emphasized following two points A value of human life can be estimated based on loss of future income and other costs associated with an accident A estimate of quantifiable losses in social welfare is not based on maximum expenditure allocated to save a life

40. Accounting publicly for Benefits and Risks Public accountability for risk has been affected by the following problems An expert or even group of experts cant be expected to know everything The uncertainties produced by scientist and regulators* also infects the risk regulation Since the origins of risk vary depending on how the facts are presented, therefore special cause should be given when starting probabilities if rare events (* regulator - who assure the public that there are no risk, but they know that the answer are not at hand)

41. Becoming responsible engineers regarding risks Engineer can provide background material to prove the faulty positions Engineers should actively participate in debates related to safety and risks Engineers should always insist on meaningful numbers and figures when assessing safety and risk Engineers should also recognize previously mentioned difficulties with measuring risk and benefits Engineers should not be influenced by any influential lobby or trade organization Engineers need to sensitive to various quantitative value judgement related with human and ethical values Engineers should be aware at the legal liabilities regarding risk.

42. Reducing Risk It is impossible to design and manufacture anything to be completely risk free Engineers responsibility to explore all the possible ways to reduce the risk under the given financial and time constraint Risk Management: Eradication or minimization of the adverse effects of the pure risks to which an organization is exposed Elements of Risk management Programme: Risk identification Risk Evaluation( Risk measurement) Risk Control

43. Elements of Risk Management Risk Identification Risk can be identified by various techniques such as physical inspection, safety audit, job-safety analysis, management and worker discussions,& historical data analysis Risk Evaluation Risk can be evaluated on the basis of economic, social or legal considerations Economic and social considerations include financial aspects, uninsured cost of accidents, insurance premium, overall effect of profitability, possible loss of production Legal considerations include possible health and safety law, code of practice, guidance notes & accepted standards, fire prevention, pollution and product liability

44. Elements of Risk Management Risk Control Risk control consists of 4 areas Risk Avoidance It refers to the conscious decision by the management to avoid completely a particular risk by discontinuing the operation producing risk Risk retention Retaining a particular risk for which any consequent loss is financed by organization Risk transfer Legal assignment of cost of certain potential losses from one party to another (insurance) Risk reduction Reduction or elimination of all aspect of accidental loss lead to wastage of an organizations assets.

45. Three approaches to acceptable risk The Experts Approach The Layperson’s Approach The Government Regulator’s Approach

46. Experts Approach to Acceptable Risk Identifying risk: Utilitarianism and acceptable risk Risk as maximizing benefit

47. Identifying risk concept of risk involves adverse effect or harm. Harm is a limitation of a persons freedom or well being. (physical well being, psychological well being, economical well being) Risk can be defined as: “ a compound measure of the probability and magnitude of adverse effect ” (William W. Lowrance) We can add : “probability of death or injury”

48. Utilitarianism and Acceptable risk The experts approach to risk is usually utilitarian. That the answer to any moral question is to be found by determining the course of action that maximizes well being. Cost/benefit technique is often called risk/benefit analysis. Cost is measured in terms of risk of deaths, injuries, or other harms associated with a given course of action. * Utilitarian - Practical

49. Risk as maximizing benefit An acceptable risk is one of where , given the options available, the risk of harm is at least equaled by the probability of producing benefit. Limitations: (that will yield the cost/benefit approach inconclusive) It might not be possible to anticipate all of the costs and benefits associated with each option It is not always possible to translate all of the risks and benefits into monetary terms. What is the monetary value of human life? The method makes no allowances for the distributions of costs and benefits. The method gives no place for informed consent to the risk imposed by technology.

50. The Laypersons Approach to Acceptable Risk Expert and Layperson Public is sometimes mistaken in estimating the probability of death and injury from various activities of technology. Experts and lay person understand risk differently. Informed consent and justice: lay person approach follows more closely the ethics of respect of persons than utilitarianism.

51. Free and informed consent and compensation Three necessities to give free and informed consent to the risks imposed by technology: A person must not be forced A person must have the relative information A person must be rational and competent enough to evaluate the information.

52. Lay criterion of acceptable risk: An acceptable risk is one in which risk is freely assumed by free and informed consent, or properly compensated, and which is justly distributed.

53. The Government Regulator’s Approach to Risk An acceptable risk is one in which protecting the public from harm has been weighted more heavily than benefiting the public .

54. Three approaches to acceptable risk Risk Expert : wants to balance risk and benefit in a way that optimizes overall public well-being. Layperson : wants to protect himself or herself from risk. The government regulator : wants as much assurance as possible that the public is not being exposed to unexpected harm.

55. Becoming a Responsible Engineer Regarding Risk Includes to be aware that risk is often difficult to estimate that there are different approaches to the determination of acceptable risk of the legal liabilities regarding risk.

56. ( A more general) Principle of Acceptable Risk People should be protected from the harmful effects of technology, especially when the harms are not consented to or when they are unjustly distributed, accept that this protection must sometimes be balanced against (1) the need to preserve great and irreplaceable benefits and (2) the limitations on our ability to obtain informed consent.

57. Bhopal Gas Tragedy On December 3, 1984, Union Carbide's pesticide-manufacturing plant in Bhopal, India leaked 40 tons of the deadly gas, methyl isocyanate into a sleeping, impoverished community - killing 2,500 within a few days, 10000 permanently disabled and injuring 100,000 people. Ten years later, it increased to 4000 to 7000 deaths and injuries to 600,000.

58. Risks taken: Storage tank of Methyl Isocyanate gas was filled to more than 75% capacity as against Union Carbide‟s spec. that it should never be more than 60% full. The company‟s West Virginia plant was controlling the safety systems and detected leakages thro‟ computers but the Bhopal plant only used manual labour for control and leak detection . The Methyl Isocyanate gas, being highly concentrated, burns parts of body with which it comes into contact, even blinding eyes and destroying lungs .

59. Causal Factors : Three protective systems out of service Plant was understaffed due to costs. Very high inventory of MIC , an extremely toxic material. The accident occurred in the early morning. Most of the people killed lived in a shanty (poorly built) town located very close to the plant fence.

60. Responsibilities of Engineers Internal Responsibilities: Responsibilities of an engineer towards an employer, that the Responsibilities within an organization External Responsibilities : Responsibilities of an engineer towards outside world, that the Responsibilities outside organization

61. Collegiality It is the tendency to support and cooperate with the colleagues According to NSPE , the collegiality should include following characteristics Engineers should not attempt to injure, unkindly or falsely directly or indirectly, the professional reputation, prospects, practice or employment of other engineers Engineers should not untruthfully criticize other engineer’s work. Engineers should bring unethical or illegal practice of other engineers to the proper authority for action

62. Collegiality According to Craig Ihara – “ A kind of connectedness grounded in respect for professional expertise and in commitment to the goals and values of the profession Elements of Collegiality Respect Commitment Connectedness

63. Elements of Collegiality Respect: In general Means valuing one’s colleague for their professional skill and their devotion to the social goods promoted by the profession For engineering : It means affirming the worth of other engineers engaged in producing socially useful and safe products Collegial respect Vs Friendship: Collegial respect is Reciprocal like friendship But not necessarily develops personal affection like friendship

64. Elements of Collegiality Commitment: Sharing devotion to the moral ideals essential in the practice of engineering Even when there is cut-throat competition b/w engineers, there should be a feeling that all engineers share a concern for overall good to the society

65. Elements of Collegiality Connectedness: Awareness of being part of a cooperative undertaking created by sharing commitments and skill It means the sense of utility among engineers that includes cooperation and mutual support

66. Why is collegiality a virtue Collegiality should be encouraged among engineers and other professionals because From the point of view of society , collegiality is the influential value to promote the aims of professions. It supports personal efforts act responsibly in concert with colleagues It strengthen ones motivation to live up to professional standards From the point of professionals, collegiality is more valuable as many individuals jointly working for the goodness of the public and society

67. Negative aspects of collegiality Collegiality may be misused and distorted . Ex: colleagues appeal to be silent about corporate corruption It may degenerate more group of self-interest , rather than shared devotion to the public Because of heavy competitions among engineers, collegiality may focus on the corporate goal of maximizing profit at the expense of public good

68. Loyality The quality of being true and faithful in one’s support It is more a function of attitudes, emotions and a sense of identity Senses of loyalty Agency Loyalty Identification Loyalty

69. Agency Loyalty It is fulfill one’s prescribed duties to an employer The contractual duties may include particular task for which one is paid, general activities of cooperating with colleagues, and following lawful authority with the organization It concerns with the matter of actions, whatever it motives. It is motivated by identification with the group to which one is loyal. Example: People may not like the job they do hate their employer, but still they would perform their duty as long as they are employees. This sense of loyalty is agency loyalty

70. Identification loyalty It is much concerned with attitudes, emotions, and a sense of personal identity as it does with action Employee should meet his moral duties to the organization willingly with personal attachment and affirmation. Some of the duties of loyal employees are, To avoid conflicts of interest To protect confidential information To be honest in making estimates To admit one’s error

71. Is loyalty obligatory(responsibility) Agency loyalty to employers is an obligation within proper limits According to john H.Fielder, identification of loyalty is obligatory, only when the two conditions are meet. Employees must be treated fairly, they should be given their share of benefits and burdens Employees must see that their goals are achieved by and through a group in which they participate Identification loyalty is reciprocal in nature . That is employees can be expected to be loyal to employers only when employers show strong commitments to them

72. Professionalism and Loyalty Acting on professional commitments to the public is more effective to serve a company than just following company orders. Loyalty to employers may no t mean obeying one’s immediate supervisor . Professional obligations to both an employer and to the public might strengthen rather than contradict each other.

73. Respect for Authority It is right to make decisions, the right to direct the work, and the right to give orders. It is crucial factor in organization, since engineers and employees must be authorized to carryout the jobs assigned to them. Authority can be defined as the legal right to command action by others to enforce compliance Clear lines of authority identifies areas of personal responsibility and accountability .

74. Sources of authority Authority derives from the several sources. They are the persons position or rank, and personal attitudes such as charisma, knowledge and expertise

75. Institutional authority It can be defined as the institutional right given to a person to exercise power based on the resource of institution It is an authority given by institution to the qualified individuals to meet their industries objectives This authority is exercised by making policy, allocating resources, issuing orders, carrying out actions, giving recommendations etc.. Limitations: It is given by owners . In practice sometime, it is given to ineffective persons. They are unable to exercise their authorities effectively in order to meet company’s objectives.

76. Experts Authority It is the possession of special knowledge skill, competencies to perform some task or to give sound advice. It proved that leaders with expertise can be more effectively guide and motivate others than the conventional leaders . This concept is referred as “ authority of leadership ” In todays organization, the staff engineers, advisors, and consultants are given expert authority, while the institutional authority is assigned to the line managers

77. Authority Vs Power Sl.no Authority Power 1 It is the legal rights to superior, which compel his subordinates to perform certain acts It is the ability of the person to influence others to perform an act. It may not have legal sanction 2 It is delegated to an individual by his supervisor It is earned by an individual through his own efforts 3 It is mostly well defined and finite It is undefined and infinite 4 It lies in the position held and the authority change in position It resets in the individual. Even when the position has changed, his power remains with him

78. Morally Justified authority the institutional authority assigned to employee may ensure in achieving the institutional objectives. But those institutional rights should necessarily be morally justified institutional rights and duties The institutional authority is said to be morally justified when: The goals of the institution are morally permissible or morally desirable The way of implementation should not violate basic moral duties.

79. Accepting authority Employees accept their employers authority by accepting the guidance and obeying the directives issued by the employer. According to Herbert Simon, “ a subordinate is said to accept authority whenever he permits his behavior to be guided by the decision of superior, without independently examining the merits of that decision” All he employers have the limits on ‘zone of acceptance’ in which they are willing to accept the authority Generally employees are not interested to make an issue of every incident of questionable morality, because of fear of losing their job. Therfore the ‘zone of acceptance’ can be used as a measure of the lack of individual moral integrity

80. Paramount Obligations The engineers paramount obligation is to protect the public health, safety, and welfare, rather than the obligations of loyalty and faithful service to employers The engineers have obligations to accept their employers institutional authority. But it does not mean that they have to obey obligations blindly. Engineers must weigh their obligations to the public, their employers, their colleagues, and others. *Obligation – responsibility Paramount- supreme

81. Collective bargaining. International Labor Organization (ILO) define it as : Negotiation about working conditions and terms of employment between employer and one or more representative employee’s with a view to reaching the agreement The term bargaining refers to evolving agreement using methods like negotiation, discussion, exchange of facts and ideas rather than confrontation. * confrontation- battle.

82. Process of collective bargaining Presenting character of demands by the union on behalf of constituent elements Compromise at bargaining table Reaching the agreement

83. Unionism & Professionalism Legally, any organization employing more than 20 employees could have a union. In a organization more than one union is permitted They employers from unions to safeguard the interests of employees and to prevent exploitation of employees According to john kemper, the unionism and professionalism are conflicting with each other . Professionalism offers Paramount importance to the importance to the interest of society and their employers. But unions are collective bargaining agents. Many professional societies indirectly instruct the engineers should not become members of the unions. Collective bargaining is ethical or unethical only on the basis of the given situation

84. Arguments over Unions Arguments in favor of unions It play vital role in achieving high salaries and improved standard of living organization Employees get greater sense of participation in organization decision Ensure job security Unions maintain stability by providing an effective grievance procedure for employee complaints Unions can act as counterforce to any political movement that exploits the employees

85. Arguments over Unions Arguments against unions Unions destroys the economy of a country Unions remove person to person negotiation between employers and employees Unions encourage conflict and stressed relations between employees and employee Unions prevents employer from rewarding individuals for their personal achievements

86. External Responsibilities Responsibilities of an engineer towards outside world, that the Responsibilities outside organization It include Confidentiality Conflict of interest Occupational crimes

87. Types Of Crime Domestic crime Non-accidental crime committed by members of the family Professional Crime When crime is pursued as a profession or day to day occupation Blue collar crime (or) Street crime Crime against person, property (theft, assault on a person, rape) Victimless crime Person who commits the crime is the victim of the crime. E.g. Drug addiction Hate crime Crime done on the banner of religion, community, linguistics

88. Occupational crimes Occupational crimes are illegal acts made possible through one’s lawful employment . It is the secretive violation of laws regulating work activities. When committed by office workers or professionals, occupational crime is called “ white collar crime “ Most of occupational crimes are special instances of conflicts of interests. These crimes are motivated by personal greed, corporate ambition, misguided company loyalty Examples: Price Fixing Endangering lives Industrial espionage

89. Occupational crime of price fixing While fixing price for any product or service sometimes all competitors come together and jointly set up the price to be charged. These are called pricing cartels. This is unfair and unethical practice Example: 1983, Washington power bids Laws are enforced which forbids companies from jointly fixing

90. Endangering lives Some companies employ workers without disclosing them harmful health effects and safety hazards about the working environment This is kind of occupational crimes

91. Industrial Espionage(spying) Industrial spying Espionage refers secret gathering of information in order to influence relationships between two entities The vital information's are secretly gatherd through espionage agents for economic gains

92. Conflicts of Interest In general conflicts of interest means individuals as two or more desires that all interests cannot be satisfied given circumstance. Professional conflicts of interest are situations where professionals have an interest, if pursued , could keep from meeting one of their obligations to their employers Example: Employee working in a company serving as a consultant for a competitor’s company

93. Types of conflicts of interest Actual conflicts of interests Potential conflicts of interests Apparent conflicts of interests

94. Confidentiality or confidential information Information considered desirable to be kept secret. Any information that the employer or client would like to have kept secret in order to compete effectively against business rivals. This information includes how business is run, its products, and suppliers, which directly affects the ability of the company to compete in the market place

95. Privileged information: Information available only on the basis of special privilege ‟ such as granted to an employee working on a special assignment. Proprietary information: Information that a company owns or is the proprietor of . This is primarily used in legal sense . Also called Trade Secret . A trade secret can be virtually any type of information that has not become public and which an employer has taken steps to keep secret .

96. Patents Differ from trade secrets. Legally protect specific products from being manufactured and sold by competitors without the express permission of the patent holder . They have the drawback of being public and competitors may easily work around them by creating alternate designs

97. Obligation of Confidentiality Based on ordinary moral considerations: I. Respect for autonomy : Recognizing the legitimate control over private information (individuals or corporations). This control is required to maintain their privacy and protect their self-interest.

98. Respect for Promise Respecting promises in terms of employment contracts not to divulge certain information considered sensitive by the employer Regard for public well being Only when there is a confidence that the physician will not reveal information, the patient will have the trust to confide in him. Similarly only when companies maintain some degree of confidentiality concerning their products, the benefits of competitiveness within a free market are promoted .

99. Effect of Change of Job on Confidentiality Employees are obliged to protect confidential information regarding former employment, after a change of job. The confidentiality trust between employer and employee continues beyond the period of employment.

100. Conflict of Interest Conflict of Interest arises when two conditions are met The professional is in a relationship or a role that requires exercising good judgment on behalf of the interests of an employer or client and The professional has some additional or side interest that could threaten good judgment in serving the interests of the employee or client. E.g. When an engineer is paid based on a percentage of the cost of the design and there is no incentive for him to cut costs- The distrust caused by this situation compromises the engineer’s ability to cut costs and calls into question his judgment.

101. Conflict of Interest created by Interest in other companies When one works actually for the competitor or subcontractor as an employee or consultant. Having partial ownership or substantial stock holdings in the competitor’s business. It may not arise by merely having a spouse working for sub-contractor to one’s company, but it will arise if one’s job also includes granting contracts to that subcontractor

102. Conflicts of Interest created by Insider information Using inside information to set-up a business opportunity for oneself or family or friends. Buying stock in the company for which one works is not objectionable but it should be based on the same information available to the public.

103. Avoiding Conflicts Of Interests Taking guidance from Company Policy In the absence of such a policy taking a second opinion from a coworker or manager. This gives an impression that there no intension on the part of the engineer to hide anything

104. People Committing Occupational Crimes Usually have high standard of education From a non-criminal family background Middle class male around 27 years of age (70% of the time) with no previous history No involvement in drug or alcohol abuse Those who had troublesome life experience in the childhood (Blum)

105. Rights of Engineers Types of Rights Human Rights Employee Rights Contractual Rights Non-Contractual Rights Professional Rights

106. Human Rights Rights possessed by virtue of being people or moral agents Rights to Life Rights to Liberty Rights to security of person Rights not to be held in slavery Rights not to be tortured Rights to recognition before law Rights to impartial trial and protection from arbitrary arrest Rights to freedom of movement Rights to marriage Rights not to marry without free consent Rights to property ownership Rights to freedom of thought Rights to peaceful assembly and participation in government Rights to social security & work Rights to education Rights to participate in trade union Rights to minimal standard of living

107. Employee Rights Rights that apply or refer to the status or position of employee Types: Contractual Rights Non-Contractual Rights Contractual Rights Rights that are institutional rights that arise due to specific agreement in employment contract Ex: right to receive salary, right to receive other benefit like bonus, increment etc., Non-Contractual Rights Rights existing if not formally recognized in the specific contracts or company policies Ex: Right to choose outside activities, Right to privacy and employer confidentiality

108. Professional rights Rights possessed by virtue of being professionals having special responsibilities Example: The right to form and express one’s professional judgment freely The right to refuse to carry out illegal and unethical activity The right to talk publicly about one’s work within bounds set by confidentiality obligation The right to engage in the activities of professional societies The right to protect the clients and the public from the dangers that might arise from one’s work The right to professional recognition of one’s services.

109. Right of Professional Conscience There is one basic and generic professional right of engineers, the moral right to exercise responsible professional judgment in pursuing professional responsibilities . Pursuing these responsibilities involves exercising both technical judgment and reasoned moral convictions. Two important specific rights are: Right of Conscientious Refusal Right of recognitation

110. Right of Conscientious Refusal The right of Conscientious refusal is the right to refuse to engage in unethical behavior and to refuse to do so solely because one views it as unethical Arises under 2 situations Where there is widely shared agreement in profession as to whether an act is unethical Here, professionals have a moral right to refuse to participate in such activities. Where there is room for disagreement among reasonable people over whether an act is unethical.

111. Right to Recognition Extrinsic reward Cash bonus Increased Salary Intrinsic Reward Appreciation letter, certificates

112. Professional Rights & Ethical Theories Rights Ethics Right Ethics Emphasizes that all should have human moral rights, and any action that violates these rights is unethical. The most basic human right, which needs no justification, as per A.I.Meldon , is to pursue one’s legitimate (those that do not violate others rights) interests. The right to pursue legitimate interests gives a person right to pursue professional moral obligations. o This may be viewed as a human right of conscience directly derived from the basic human right . Duty Ethics Perform duties without consider much more about moral rights I have a right to something only because others have duties or obligations to allow me (and not interfere) to do so. If we derive the meaning of „others‟ as employers, then the basic professional right is justified by reference to others‟ duties to support or not interfere with the work related exercise of conscience by professionals.

113. Utilitarianism: Public good can be served by allowing professionals to meet their responsibilities to the public. These responsibilities arise due to the professional’s role in promoting public good.

114. Whistle-blowing and Its Features Whistle blowing is an act of conveying information about a significant moral problem by a present or former employee, outside approved channels (or against strong pressure) to someone, in a position to take action on the problem. Definition: It occurs when an employee or former employee conveys information about a significant moral problem outside approved organization channels to someone in a position to take action on the problem

115. The features of Whistle blowing are: Act of Disclosure: Intentionally conveying information outside approved organizational channels when the person is under pressure not to do so from higher-ups. Topic: The information is believed to concern a significant moral problem for the organization. Agent: The person disclosing the information is an employee or former employee. Recipient: The information is conveyed to a person or organization who can act on it.

116. Types of Whistle Blowing External Whistle blowing: The act of passing on information outside the organization. Internal Whistle blowing: The act of passing on information to someone within the organization but outside the approved channels. Either type is likely to be considered as disloyalty, but the second one is often seen as less serious than the latter. From corporations‟ point of view both are serious because it leads to distrust, disharmony, and inability of the employees to work together. Open Whistle blowing: Individuals openly revealing their identity as they convey the information. Anonymous Whistle blowing: Individual conveying the information conceals his/her identity.

117. Procedures to be followed before Whistle Blowing Except for extreme emergencies , always try working through normal organizational channels. Be prompt in expressing objections. Proceed in a tactful manner with due consideration to the feelings of others involved. As much as possible, keep supervisors informed of your actions, both informally and formally. Be accurate in observations and claims and keep all formal records documenting relevant events. Consult colleagues for advice and also to avoid isolation. Consult the ethics committee of your professional society before going outside the organization. Consult a lawyer regarding potential legal liabilities

118. Conditions to be satisfied before Whistle Blowing Richard T. De George suggests the following: The harm that will be done by the product to the public is serious and considerable. The individual makes his/her concern known to his/her superiors If one does not get any proper response from immediate superiors, then one should exhaust the channels that are available within the organization including the board of directors. One must have documented evidence that would convince a reasonable and impartial observer that one’s view of the situation is correct and the company policy is wrong.

119. Prevention of Whistle Blowing The following actions will prevent/reduce whistle blowing: Giving direct access to higher levels of management by announcing “open door” policies with guarantee that there won’t be retaliation. Instead such employees should be rewarded for fostering ethical behavior in the company. This gives greater freedom and promotes open communication within the organization. Creation of an Ethics Review Committee with freedom to investigate complaints and make independent recommendations to top management. Top priority should be given to promote ethical conduct in the organization by top management.

120. Employee Rights Employee rights are any rights, moral or legal, that involve the status of being an employee. Employee rights are: There should be no discrimination against an employee for criticizing ethical, moral or legal policies and practices of the organization. The organization will not also discriminate against an employee for engaging in outside activities or for objecting to an organization directive that violates common norms of morality.

121. Rights to outside activities Right to privacy Rights to due process

122. Discrimination Unequal treatment of individual intentionally or unintentionally Discrimination generally means preference on the grounds of sex, race, skin color, age or religious outlook. In everyday speech, it has come to mean morally unjustified treatment of people on arbitrary or irrelevant grounds. Therefore to call something Discrimination is to condemn it. But when the question of justification arises, we will call it Preferential Treatment Weak Preferential Treatment Strong Preferential Treatment

123. Intellectual Property Rights Intellectual Property is a product of the human intellect that has commercial value Many of the rights of the ownership common to real and personal property are also common to Intellectual Property Intellectual Property can be bought, sold, and licensed Similarly it can be protected against theft and infringement by others

124. Patent, Design & Trademark together with Copyright form TOTAL INTELLECTUAL PROPERTY Patent Derived from the Latin word „LITTERAE PATENTES‟ which means „Open Letters‟ or „Open Documents‟ to confer rights and privileges. A contract between an Inventor and the Government

125. DESIGN Meant for beautifying an industrial product to attract the consumer public Shaping, Configuration or Ornamentation of a vendible Industrial product

126. TRADE MARK Trade Mark is a name or symbol adopted for identifying goods Public can identify from the Trade Mark from whom the product is emanating Trade Marks protection is given for an industrial product by the Government.

127. COPY RIGHTS The right to original literary and artistic works Literary, written material Dramatic, musical or artistic works Films and audio-visual materials Sound recordings Computer Programmes/software

128. Need For A Patent System Encourages an inventor to disclose his invention Encourages R & D activities as the industries can make use of the technology, & avoids redundant research Provides reasonable assurance for commercialization. Provides an inducement to invest capital in the new lines of production and thus , help for technical development and up gradation. One may get a very good return of income through Patent Right on the investment made in R & D.

129. Effect of Patent A patentee gets the exclusive monopoly right against the public at large to use, sell or manufacture his patented device. A patentee can enforce his monopoly right against any infringement in the court of law for suitable damages or profit of account.