Ethics

1. Ethics A view from the Joint Industrial Hygiene Ethics Education Committee

2. Welcome to Ethics “The reputation of a thousand years is determined by the conduct of one hour.” – Japanese proverb

3. Who Got In Trouble: 2001 Once America’s seventh largest company, Enron collapsed in 2001 – costing shareholders $74B and prompting Sarbane-Oxley Accounting Regulation. WorldCom-$11B. Tyco- $500M

4. Somebody’s Got To Pay 2010 “Too Big to Fail” Freddie MAC $187B, Leman $50B in TARP bailout prompting Dodd-Frank Consumer Protection.

5. Key Points • Guiding principles versus Code of Ethics • How do Professionals use a Code? • A bit of history • Comparison of philosophy: -- International Code of Ethics -- Joint Ethics Principles • Does it apply only to CIH’s? • A word (or two) about ABIH enforcement • Scenarios for Consideration

6. Objectives for today... • Provide you with a greater awareness of the importance & benefits of ethical behavior in our profession • Encourage you to think through ethical dilemmas before acting and “drill down” • Increase your awareness of how your decisions impact others and the profession • Review some of the tools available to help guide you through the decision-making process

7. Ethics The embodiment of those values that the person or organization feels are important…, and spell our proper conduct and appropriate action. - Merriam Webster

8. Guiding Principles v. Code of Ethics “Stick to the CODE” as noted by Capt. Hector Barbosa in the movie “Pirates of the Caribbean” He then quickly said: (when he felt necessary) that THE CODE was “actually more of a set of guidelines.”

9. How do Professionals use a Code? As “The Law?” -- (Enforceable v. not enforceable?) As a “set of guidelines?” As a means to set a baseline standard of practice? As a way to raise the level of practice?

10. IH Code of Ethics: History • 1968 • AAIH Ethics Committee developed a “Code of Ethics for Professional Practice”. • 1973-74 • Renewed interest in the Code by both AAIH and ABIH • 1975-77 • AIHA becomes involved as does the AIHA Law Committee

11. IH Code of Ethics: History • 1978 • AAIH Ethics draft “Code of Ethics for Professional Practice” mailed to membership for comment • 743 responses received (67% of all members), 712 (95.8% voted to accept), 31 (4.2% voted to reject) • 1981 • AIHA and ACGIH adopts the code • 1991-94 • AIHA, ACGIH, ABIH, and the “Academy” (AAIH) develop and adopt a joint code (6 Cannons).

12. IH Code of Ethics: History • 1991-94: Continued • New code presented at AIHce in 1994 • 1995 • AIHA, ACGIH, ABIH, and the “Academy “(AAIH) approved the creation of the Joint Industrial Hygiene Ethics Education Committee (JIHEEC) • Tasked with the education and promotion of the new code of ethics • Developed interpretive guidelines to supplement the new code of ethics

13. IH Code of Ethics: History • 2006-07 • AIHA, ACGIH, ABIH, and AIH create a “Joint Ethics Task Force” to update the current code • Primarily driven by ABIH to create an enforceable mechanism specifically focused on CIHs • Two codes were created, on intended to be enforceable, one intended to be “aspiration,” known as the Member Ethical Principles (guiding principles).

14. Current Status ABIH -- Enforceable Code of Ethics – May 2007 -- Diplomats, Applicants & Examinees ACGIH, AIH & AIHA -- Member Ethical Principles

15. JIHEEC Mission • “Promote an awareness and understanding of the enforceable code of ethics published by the ABIH” • Not an enforcement group or resolution board • Publishes case studies of ethical dilemmas in the Synergist

16. JIHEEC Membership Members from AIH, AIHA, ACGIH, ABIH Jeff Throckmorton, Chair Pam Greenley, Nick Rice, Past Chair Glenn Barbi Nancy McClellen Bruce Lippy Steven Rucker Jan Wachter Dan Maser Michael Cooper David Roskelley (ABIH liaison)

17. Industrial Hygienist Role Right vs. Wrong Issues -- Legal Test • Are you breaking a law? -- Stench Test • Does the action seem uncomfortable or “just wrong”? -- Front-Page Test • Would you be embarrassed if the action were on the front page of the newspaper? -- Mom Test • Would your mom (or other loved one) be ashamed of you?

18. Right vs. Right (Ethical or Moral Dilemmas) • Truth vs. Loyalty • Individual vs. Community • Short Term vs. Long Term • Justice vs. Mercy

19. Is There a Business Case for Ethics?Possibly? • Capitalize on corporate interest to share customer values • Point to Government regulation as evidence of misalignment with public sentiment • Broaden the ethics conversation to include Corporate Social Responsibility (CSR)

20. The Executive Paradox Do high profits enable greater spending on CSR, or is it that CSR itself creates higher profits? “…the direction of causation remains an open question. That is, good CSP could cause good CFP, but good CFP could provide slack resources to spend on CSP…whether profitable companies feel rich enough to splash out on CSR, or CSR [activity itself] brings profits.’”

21. “Meta-analysis refers to the analysis of analyses" coined by Gene V. Glass The study, “Corporate Social and Financial Performance: A Meta-Analysis” compiled by researchers Marc Orlitzky, Frank L. Schmidt and Sara L. Rynes The meta-analytic findings suggest that corporate virtue in the form of social responsibility and, to a lesser extent, environmental responsibility, is likely to pay off…

22. Business EthicsThe Magazine of Corporate Responsibility • Popular Stories • Nike: Corporate Responsibility at a “Tipping Point” • Does Corporate Social Responsibility Increase Profits? • The Ethics of Social Media—Part II: Playing by New Rules • Marketing to Children: Accepting Responsibility • American Apparel and the Ethics of a Sexually Charged Workplace

23. IH Values Operationalized Values

24. Goals of the Member Ethical Principles • Complementary to the enforceable code • Educate members, the profession and public • Help all professionals understand their ethical responsibilities • Sets expectations • Standard for the Profession

27. ABIH Code Preamble/General Guidelines The ABIH is dedicated to the implementation of appropriate professional standards designed to serve the public, employees, clients and the industrial hygiene profession. First and foremost, ABIH certificants and candidates give priority to health and safety interests related to the protection of people, and act in a manner that promotes integrity and reflects positively on the profession, consistent with accepted moral, ethical and legal standards.

28. As professionals in the field of industrial hygiene, ABIH certificants and candidates have the obligation to: maintain high standards of integrity and professional conduct; accept responsibility for their actions; continually seek to enhance their professional capabilities; practice with fairness and honesty; and, encourage others to act in a professional manner consistent with the certification standards and responsibilities set forth below.

29. I. Responsibilities to ABIH, the Profession and the Public • Comply with ABIH rules/policies • Comply with legal requirements

30. II. Responsibilities to Clients, Employers, Employees and the Public • Education, experience, competency and performance of professional services • Conflict of interest and appearance of impropriety • Public health and safety

31. Goals of the Member Ethical Principles:AIHA, AIH, ACGIH • Complementary to the enforceable code • Educate members, the profession and public • Help all professionals understand their ethical responsibilities • Sets expectations • Standard for the Profession

32. AIHA members have the obligation to: Maintain high standards of integrity and professional conduct Follow recognized sound scientific principles Accept responsibility for their actions Continually seek to enhance their professional capabilities Practice with fairness and honesty Encourage others to act in a professional manner

33. Some details of the Member Ethical Principles 3 pages -- 2 main sections and several subheadings -- 23 “should” statements Some sections do not appear in the ABIH enforceable code. For example: II.A.9. “Refrain from business activities and practices that unlawfully restrict competition.” II.C.2. “Inform appropriate management representative and/or governmental bodies of violations of legal and regulatory requirements when obligated or otherwise clearly appropriate.” II.C.3. “Make reasonable efforts to ensure that the results of industrial hygiene assessments are communicated to exposed populations.”

34. Some details of the ABIH Code 2 pages -- 2 main sections and several subheadings -- 19 (implied shall) statements Although the key concepts are the same, the code is less “encompassing” than that found in the Member Ethical Principles.

35. International Code of Ethics for Occupational Health Professionals Established by the International Commission on Occupational Health, -- founded in 1906. -- 2,000 professionals in 93 countries. 18 pages -- includes explanatory language. -- 26 “shall” statements. Not an enforcement based code. Could be considered as more “worker oriented” in its phrasing and considerations. Found at: www.icohweb.org/core_docs/code_ethics_eng.pdf

36. “Other” Types of Considerations “Occupational health professionals must request that a clause on ethics be incorporated in their contract of employment.” “…occupational health professionals must regularly and routinely, whenever possible, visit the workplaces and consult the workers and the management of the work that is performed.”

37. Ethical Habits “A long habit of not thinking a thing wrong gives it the superficial appearance of being right.” –Thomas Paine

40. Retired Status • What happened to the CIH (Ret) option? -- ABIH discontinued the classification of CIH (Ret) in 2011 when the Voluntary surrender* program was launched. All former CIH (Ret) were converted to voluntary surrenders. -- The term CIH (Ret) or any of its various forms can no longer be used. Former Diplomates are allowed to refer to their certification designation when showing the years of active certification, e.g. John Smyth, CIH, 1987-2006. -- Some former Diplomates are still listed in the ABIH roster unless they chose to opt out. *Reactivation: • By Voluntary Surrender -- Before your cycle ends: Submitting a written request and Paying the annual fees -- Less than 5 months after your cycle ends: Submitting an acceptable worksheet for the previous CM cycle and Paying the current annual fees  and late CM worksheet fee (if due) -- > 5 months after your cycle ends: Submitting an acceptable worksheet for the previous 60 months and Paying the current annual fee, and a CM worksheet processing fee.

41. March 1993 AIHA Journal “Ethical Issues for Industrial Hygienists: Survey Results and Suggestions” Laura A. Goldberg & Michael R. Greenberg

42. Type of Ethical Misconduct Observed – 1994* • Deliberate overstatement of positive and understatement of negative results 36% • Refraining from reporting an incident 30% • Failure to share credit on a publication 26% • Deliberate failure to acknowledge data limitations 26% • Holding back findings to avoid negative results 26% • Plagiarism 23% • Borrowing from another’s proposal 21% • Deliberate failure to control data quality 21% • Failure to protect confidential data 20% • Release of results of study before peer review 19% *Ethical Issues for Industrial Hygienists: Survey Results and Suggestions, Goldberg, L.A., Greenburg, M.R., AIHA Journal, (54) March 1993, 127-134

43. Type of Ethical Misconduct Observed – Great Britain 2002* • Plagiarism 51% • Failure to protect confidential data 37% • Failure to share credit on a report/publication 27% • Fabrication of data 25% • Criticize the ability or integrity of another hygienist for own gain 23% • Holding back or disguising data 19% • Survey design to favor a specific outcome 11% • Destruction of data that contradicts desired outcome 7% • Deliberately not reporting an incident 7% *Observations of Ethical Misconduct Among Industrial Hygienists in England, Burgess, G.L.,Mullen, D.,AIHA Journal (63) March/April 2002, 151-154

44. Causes of Ethical Dilemmas(% who responded extremely important) • On the job pressure (too many responsibilities) (56%) • Pressure caused by economic implications of result • Lack of experience • Pressure caused by professional implications of result • Poor design of study • Friendship in regard to “whistle blowing” (40%) • Competition with peers • Lack of training in ethics (35.6%) • Poor implementation of design • Lack of communication skills • Pressures not related to job (15.2%)

45. Some of the Major Ethical Issues in Healthcare & Environmental Science Multi-National Companies Health and Safety Standards in the Supply-Chain Lack of Labor Laws within producing Countries Corruption No enforcement Physician's • Provide life support even when it is futile • Provide placebos simply because your patient wanted treatment • Hide terminal diagnosis from your patient to bolster their spirit • Dropping insurers that don’t pay well

46. Ethics Case Procedures • Review by Executive Director and/or 5 member Ethics Review Committee (ERC) to accept/reject • Appeals • ERC • Board Appeals Committee – 3 Directors

47. Disciplinary Actions • Ineligible for certification/recertification • Corrective actions • Private reprimand and censure • Public reprimand and censure • Probation including conditions on conduct • Suspension of certification • Revocation

48. “The single largest problem in ethics is the inability to recognize ethical issues”Rushworth M. Kidder, EthicistAssociation Management – October 1999

49. The ABIH Experience • Most Inquiries allege unethical conduct by IH consultants • Source of Inquiries Homeowners Landlords Employees Employers CIHs

50. Complaint Issues • Misrepresentation of attendance at a course carrying CM points • Evaluation of workplace/residence *Mold Radon Chemicals • Felony convictions (IH & not IH related) • Misrepresentation in published articles