Engineering Ethics

1. Engineering Ethics

2. Q - Why Do You think this Ethics Issue is a Concern?

3. What are Meant by Ethical People? Possible Responses to define an ethical person: One who has a set of values and lives by them One who has any set of values which are shared by a group One who lives by a set of values which are universally accepted

4. 1. One who has a set of values and lives by them Q � what do we think of this?

5. 1. One who has a set of values and lives by them What if no one else agrees with you? Examples?

6. 2. A shared set of Values What do we think of this?

7. 2. A shared set of Values What if other groups have different ideas? Examples?

8. 2. A shared set of Values Some thoughts: Not everyone is a member of a group (religion for example) How are the rules of the rest of the community incorporated? Those that do not accept the rules may feel they are being unfairly treated? Consider dictatorships�.. Corrupt regimes, bribery?

9. 3. One who lives by a set of values which are universally accepted What do we think of this?

10. 3. One who lives by a set of values which are universally accepted How hard is it for everyone to agree with one universal rule? (Kant) Are there potential conflicts (absolutism)? Ethical agreements or disagreements rely on judgment, interpretation, experience, and application of values to a given set of circumstances One of the problems with ethics � there are no �laws� because we do not know all sets of circumstances

11. Q - Examples of Professions without Ethics?

12. Examples of Professions without Ethics? Salesmen Politicians Lawyers MBAs NOTE � Lawyers actually have to take an ethics class in school and periodically take ethics refreshers

13. Q - Examples of Professions with Ethics?

14. Examples of Professions with Ethics? Doctors Scientists The key is to have engineers on this list, not the other one!!

15. Where do ethics come from and how do we determine what is (and is not) ethical?

16. Let�s Do a little history Lesson on Ethics and Philosophy

17. Some Definitions Laws - describe what will always happen Theories � describe what we think happens under a given set of conditions � theories are testable and can be replicated by others Hypothesis � describe what we think happens, but we cannot verify it always

18. Why? Early philosophers in part tried to find laws that explained behavior, just as mathematicians found laws for other things But mostly they created hypotheses!

19. Early thoughts� Up until say, 10,000 BC (or BCE), most of the known world seems to have been fairly tribal � small, related groups of people fending off nature Q - What ethics would be respected there?

20. Tribal �Ethics� Loyalty Service (doing your part correctly) Obedience to leader Not part of it: Greed, slacking, killing in the tribe, non-conformity, damaging property of tribe The risk � getting kicked out! Druids in Celtic regimes imposed this penalty regularly

21. Civilizations we can trace.. Early Civilizations with Laws by the ruler: Egypt 4-5000 BC Babylon 3000 BC India 3000+ BC Druids 2000 BC Those believing in Atlantis will claim theirs is older than 10,000 BC

22. As Civilizations grew�. We get codes and laws written down: Decalogue (Hebrew 10 commandments) Code of Manus Hammurabi And prohibitions Cannibalism Incest Slavery

23. Civilization gave rise to Cities, which meant�.. Less clear who was responsible for any given task, so ethics were designed to help guide people on what was expected, and laws existed to punish those who did not perform their responsibilities The outgrowth was �Conscience� which goes directly to ethics

24. Q - But what are Ethics? And Why?

25. But what are Ethics? And Why? Provide public with an idea of what they can expect A series of principles to live by A theoretical study of behavior

26. With more free time, we thought more�.. �philosophy� And developed systems of ethics Philosopher outlined their idea of how society should be�. Why? They were unhappy with something people were doing at the time, or there was a time of crisis they were trying to navigate through.

27. Philosophy Is the Study of consequences for implementation of a set of behavioral principles in the long term Ethics are the behavioral principles

28. Classical Ethics Platonism Doctrine of the Mean Hedonism Cynicism Stoicism Spinoza Kantian Christian Utilitarian

29. Platonism (from Plato) Evil is the result of lack of knowledge If you have knowledge, you can do no evil Therefore you should always study the nature of life so you can gain knowledge, which Plato says is similar to understanding mathematics and requires a period of training Gifted people MUST pursue knowledge as they are the future leaders If you can achieve knowledge you will live the �good� life

30. Platonism Many people lack intellectual capacity for knowledge (the �Stupid� or unenlightened) Therefore they are intrinsically bad and are incapable of understanding the essence of �good.� Ex they do not understand what �Stealing� is so they cannot avoid doing wrong The unenlightened therefore must follow the directives of the Good so they will do �good� as well.

31. Plato�s book The Republic outlines his ideas and concepts on the �ideal� society.

32. Results of Platonism Goodness exists independently of of mankind � waiting to be discovered by those properly trained There is only one �good� life. All others are �bad� Good life does not mean pleasure Absolutism results � �thou shalt not kill� means you can never kill for any reason, which some religions adopted

33. Plato believed that good moral standards were superior to the gods (in reviewing the Greek pantheon, they were a pretty violent lot so maybe he was right), that right and wrong were absolute and independent of anyone�s opinion!

34. Q - So What do we think?

35. So What do we think? Absolutes are not usually appropriate in society (a problem) Moral and mathematical knowledge are not the same kind of study (one is testable, the other not) Is there really only one way to act or do things?

36. Conclusions We reject many of the tenets of Platonisms, but there are some ideas that may be worth keeping.

37. Doctrine of the Mean (Aristotle) Attempts to divine the true nature of things by reason (deduction) and speculation alone (no data) The �Good life� = happiness You must seek to understand what the good life is (Platonism) You see Metaphysics, Platonism and Stoicism in Aristotle�s views

38. Aristotle If the good life = happiness, the defining happiness clarifies the good life Happiness is an activity of the soul in accord with perfect virtue. Because it is an activity, you can�t be happy if you are static � not doing something So happiness is engaging in activities in a certain way, like eating, friendships, etc., but how?

39. Nicomachean Ethics Written by Aristotle It is an analytical philosophy of deduction While Happiness = activity of the soul, too much food is bad, too little is also. Therefore, the correct or �good� amount of food is the mean � hence �doctrine of the mean.�

40. Nicomachean Ethics The mean is not defined because there are variations between people of �goodness� and therefore goodness may be relative (a major deviation from Platonism) Therefore, act in accordance with the mean Do not praise or blame anyone if they do not understand what they are doing because some do not have the intellect to understand it even if they are doing it Intellectual arrogance permeates Aristotle as well as Plato

41. Result There are many �good� lives Praise only those consciously aware they are doing �good� Do not praise those who are living the good life, but are do not understand they are doing so because they do not have the intelligence to understand the concept.

42. What is Needed Self discipline Knowledge

43. Q - So What do we think?

44. So What do we think? To achieve happiness, people must act moderately Must received sound training in good habits when we are young to learn temperance, responsibility and self discipline Immoderate is not defined�.(oops)

45. Conclusions Therefore we can only accept parts of this philosophy, but there are some ideas that may be worth keeping.

46. Hedonism Interpreted as a philosophy created out of the despair over what was happening in Greece

47. Hedonism Doctrine is that pleasure = good, which is interpreted to mean the pursuit of anything that creates pleasure is good Philosophy of Epicurus, but Epicurus was not Caligula. Epicurus had limited means, lived like a beggar in rags and ate garbage � he believed in living frugally, not to excess as generally believed

48. Epicurus Thoughts From too much pleasure = pain Ex � stomach ache from eating too much food or too rich food So Avoid things that can cause: Pain Fatigue Illness Stress Feeling bad

49. So What DoesEpicurus Not Want? Lots of food Rich food Alcohol Sex Work Relationships In other words, just about everything!

50. In Truth, Epicurus� Definition of hedonism = AsceticNot what we now think as hedonism!

51. Q - What Do We Think?

52. What Do We Think? Pleasure is good but it is not the only thing that motivates people � regardless of whether it is money, power, etc. If someone pursues something too far, they may reject everything but what is being pursued, which is negative Does not apply to scientific issues

53. Conclusions Epicurus� philosophy takes on a far different meaning today than it did originally, and the tenets that we now have must generally be rejected

54. Cynicism Conciliatory (Diogenes) All the fruits of civilization are worthless � they are all artificial pleasures of the senses (The Matrix) The world is basically evil, to live properly you must withdraw from it Individual is important

55. Cynicism Early cynics lived ascetic lives, often miserable without contact with others NOTE Cynic comes from the Greek word Kunos (dog-like) Diogenes lived in a tub, ate garbage, never bathed � YUCK! Anatole France�s Thais

56. Results Reject all other people (antisocial) Self centered Reject all external goods Incorporated in pietistic Christianity (Godly = good)

57. Q - So What Do We Think?

58. So What Do We Think? Depressing No value on anything or anyone Antisocial

59. Conclusions We reject most of the tenets of Cynicism�

60. Stoicism Most influential ethical doctrine before Christianity Zeno, 300 BC Philosophy consists of advice to people in a crumbling world � learn to be indifferent to external influences and they will not affect you Good and evil depend on ones� self

61. Tenets Indifference Predestination Hidden, Divine hand Virtuous behavior occurs when one understands that all � is a part of a divine plan that one is powerless to alter, so accept it Free yourself from desires Personal responsibility for good & evil

62. Results Indifference Withdrawal

63. Q - So What To We Think?

64. So What To We Think? Conflict between predestination and freedom of the will Indifference only works with negative circumstances Depressing�

65. Conclusions We reject most of the tenets of Stoicism�

66. Spinoza 17th century � was Jewish but kicked out of the community for heretical beliefs. Hid out with the Christian movements of the time and wrote On the Improvement of the Understanding

67. Results Rigid determinism � all things come to pass Metaphysical concepts of Descartes � no one acts by chance alone Good vs bad is relative Some things are not inherently worthwhile

68. Q - So What do We Think?

69. So What do We Think? Does not resolve conflict between free will and determinism We still don�t really know how to figure out good and bad�.

70. Conclusions Happiness occurs when you understand that there are limits to human powers Very complex set of circumstances

71. Kantian Ethics Immanuel Kant � Theory of Ethics Moral law requires people to be rewarded proportionately to their virtue Since virtue does not mean happiness in this life, you will receive your reward in the afterlife (reminiscent of the Druids)

72. Kantian Results Includes metaphysics The essence of morality is found in the motive for which the act is done Acts from duty = moral Act from inclinations are not moral Moral action requires suppression of inclinations Hence you must have a duty to perform an act for it to be ethical behavior

73. Kantian Results Every action is judged in light of how it would appear in an universal code of behavior Categorical Imperative � act only when action should become a universal law (ties to later concept of Universalism) Treat everyone with respect!!! Hypothetical Imperatives - action to achieve something you desire � in a way, hedonism is bad

74. Conclusions Morality depends on behavior, not some form of undefined �duty� Morality is not a matter of taste or preference, but is an objective measure Mistakes are not morals violations Kantian ethics is the most consistent ethical system of the old ones

75. Q - What Do We Think?

76. What Do We Think? No behavior may be universal (again the �do not kill� argument) Consequences of actions are introduced into ethics � but can they be controlled? The real issue equates ethics with motives not behavior

77. Utilitarianism (18th Century) John Stuart Mill Jeremy Bentham Francis Hutcheson

78. Concept An action is ethical and right if it produces the greatest number of happy people � the �principle of utility� Hence results are what counts Belief that intellect and education made the man Principles used for democratic governments

79. Results All actions can be determined if they are right or wrong when all of the benefits and problems have been defined and evaluated.

80. Q - What do we Think?

81. What do we Think? �Right� may not be �good� because it makes the most happy people � we can all think of results that are not � a major reason for the US Courts system is to protect the few against actions of the many You cannot know all impacts ahead of time for all actions

82. Conclusions There are tenets here we can use as engineers, but maybe not all of them

83. Class 3 - Modern Ethics Classical systems focus on two issues: What is the good life? and How should people behave? The result is to indicate how people ought to act.

84. Modern Ethics More emphasis on moral theory instead of good, bad, right and wrong Philosophy does not commit to any specific advice for living

85. Major Work� Principia Ethica � G.E. Moore, 1903 Classical systems are attempts to deduce moral precepts for the theological, metaphysical or scientific premise, and as a result the results are false since you cannot argue from one logic type (science) to another (descriptive judgment)

86. Modern Theories Moral Realism Subjectivistic Objectivistic Natural, Non-Natural Motivist Deontological

87. Moral Realism Primarily focused on the analysis of language Subjectivism � a statement is neither true or false � its subjective (like you should never lie) and indicate something about the psychology of the person who utters them (Hobbs & Kant) Objectivism - 2+2=4 (Platonism and Utilitarianism are examples)

88. Naturalism, Non Naturalism & Emotivism Naturalistic Theory � moral judgments are both true and false, and can be reduced to concepts of a natural science (typ. psychology) (Hobbs, Utilitarianism) Non-Naturalistic is not Naturalistic (obviously) (Platonism, Christianity) Emotivist � moral judgments are neither true or false, but are expressed emotions � cannot be verified by scientific processes.

89. Motivist, Consequence & Deontological Theories Motivist � rightness or wrongness depends on the motive from the act (Kant) Consequence � rightness or wrongness depends on the result of the action (Utilitarianism, hedonism) Deontological � rightness or wrongness depends on what kind of act it was

90. So What do we Think?

91. So What do we Think? Subjectivism provides descriptions and prescriptions, which are useful, but there is no real dispute � so was the holocaust just a different, but acceptable opinion? We would reject this! Good and bad depend on feelings� Objectivism contends there is no dispute about morals, but there is a sense of duty. But how do we prove right or wrong?

92. Theory of Knowledge Descates (1640) � Meditations of First Philosophy Skepticism � how do we know reality vs a dream? Because so much of the old knowledge is wrong, if there is any reason for doubt, or if we cannot test it, the entire category or basis should be treated as unreliable, esp the senses which are undependable

93. Sources of Knowledge Socrates � we already know it, we just need to realize it (Wiccans believe this somewhat) Plato � soul knows it, but we need to relearn it via senses of intelligence (ideas)

94. Descartes� Conclusions He looked at many areas of knowledge, including the existence of a deity. What did he find?

95. Allegory of the cave�*handout*

96. Decartes� Conclusions To escape the cave, one needs to go through a process to learn: Reason � realize lack of information Arithmetic � train for the abstract Geometry � universals Astronomy � understand abstract forms Harmonics � Abstract thoughts Dialectic � liberation from the shadows

97. Therefore Decartes believed that we can find absolute certain knowledge through this process

98. So What do we Think?

99. So What do we Think? In summary, it would appear that ALL of the ethical through processes proffered up have benefits and limitations � in some cases very significant limitations, that make all the tenets of any one system insufficient to meet out needs So�

100. Let�s Think of Goals of an Ethical System Obey Laws of the land Follow customs and ideals Follow good examples Strive for the welfare of society Follow reason and logic Listen to conscience Try for happiness in all this

101. So Which of these Ethical systems are useful to Engineers despite potential problems?

102. What Do We Need? Objective and measurable standards of activity Consistency in those standards

103. Assumptions Man & Universe exist and will continue to do so Do not sacrifice the present completely for the future We all have a purpose we must fulfill One purpose is to improve all of mankind No man can no all Life, property & freedom are inalienable rights (from the Druids) Seek to use he least amount of material, energy, etc to fulfill the purpose Most problems must be solve in the framework of the existing social order

104. Suggestions� Utilitarianism � we can measure the benefits and impacts, or predict many of them Universal Law (Kant) � should everyone act in this manner? Tie to Canons of Engineering p 62-70. Let�s look at and do some examples�

105. Coming to Solutions List all assumptions List alternatives (at least 3 is preferable and �do nothing� may be one) Select at least one alternative for full analysis (it does not need to be the one you would choose) One system alone may not work, so do 2 an see if they come up with the same answer - try the Universalist solution first, the compare with Utilitarian theory Note applicable canons

106. Common mistakes Assumptions are not absolute (should not contain may, should, it, etc) Assumptions are inconsistent with each other Universal Laws need to be applied as such Confusion about assumptions, predictions etc during analysis Omission of important assumptions or facts Conclusion inconsistent with analysis

107. Engineers in Society Indispensable human need Must exercise discretion & judgment which is why people should have a standard of conduct to rely on Understand how you actions will impact society.

108. Engineering Ethic Questions Do engineers overemphasize technological function? Do humans over-emphasize material things while ignoring other dimensions of human existence? Are engineers merely hired hands for corporate interests or do they have an obligations to serve the public? How do engineers regard service to the public?

109. Thoughts� Engineers do harness technology to achieve their goals and those of the client but how is the sustainability of resources considered? Engineers have an obligation to protect the health, safety and welfare of the public (codified)

110. Ethics and Skills Engineers will be involved in arbitration of conflicts (contractors, owners, other engineers) so a methodology for fairness is needed (basis of ethics?) Engineers will evaluate alternatives and make recommendations of one or ore preferred methods to address a problem. Again fairness is required�.

111. Ethics and Skills Engineers may be asked to design things (weapons?) that are do not always protect the public health that must be rationalized There are often conflicts between regulatory agencies, owners and use of resources of environmental impacts that must be resolved fairly to all parties. Q - So must engineers always do what the client wants?

112. Why teach Ethics to Engineers? Problems occur Individuals do not have infinite knowledge so no one has all answers Every circumstance cannot be known Judgment is the province of much of what engineers do �.. We must balance the needs of society with the desires of other parties that may conflict with society

113. Engineering Functions Analysis Design Estimating Testing & Observation Training Operations & Maintenance Education Management

114. Let�s Look at How this is Implemented in Florida�(note FL is very similar to other states)

115. Goals of Licensure in FL Review of Rules Affecting Licensing of professional Engineers Understanding of rules affecting engineering selection with public agencies in Florida Understanding the rules on ethics and public officials in Florida

116. Rules Applying to the Engineering Profession in Florida Chapter 471 � Engineering Chapter 61G-15 Chapter 287.055 - CCNA Chapter 11.045, 106, 112, 20, 121, 189, 343, and 348 (Ethics & elected officials) Section 62-600 F.A.C.

117. Chapter 471 F.S. - Engineering Intent: Protect the health and welfare of the citizens of the State Regulates the engineering profession with regard to: Qualifications Licensure Disciplinary matters

118. What is �Engineering?� �Any service or creative work that requires engineering education, training and and experience in the application of mathematical, physical and engineering sciences in the performance of consultation, investigation, evaluation, planning, design of systems or works, land use planning, supervision of construction to determine compliance with engineering drawings and specifications and teaching engineering principals�

119. What is �Engineering?� (cont) Includes: �public and private sector work, in connection with any utilities, structures, machines, buildings, equipment, processes, work systems, induction or consumer products or equipment or a thermal, pneumatic, hydraulic, electrical or mechanical nature, insofar as they involve safeguarding the public health, life or property�(note welfare is missing)�and includes other professional services necessary to complete engineering services..�

120. Q - So what�s missing? Roads? Bridges? Pipelines? Permitting Studies? Drainage Systems? Treatment Facilities?Back-up Power Generators? Planning of Utility Systems? Oversight of Construction of the above? What else?

121. Who Is Covered under this Statute? �duly registered engineers,� who are the only persons permitted to use the title �registered� or �professional� engineer, or any titles, designations, or abbreviations that would tend to indicate that a person is a registered professional engineer (471.003)

122. The Privilege Permits People who are covered to: advertise that they provide engineering services and use letterhead & cards using engineering designations (which imply regulation under CH. 471 FS) In other words, if you use the designations, the public may infer that you meet the requirements for licensure and you are competent to perform the work.

123. Q - Would these be Proper References for People Not Covered by the Statute? �PE� ( for �Productivity Expert� or undefined) after a name Business cards advertising someone is an �engineer� A title in a non-engineering company that might include the term �engineer� if it could be construed to indicate someone had credentials

124. But there are people not Required to Register under Ch. 471 F.S.: Those making improvements to their own property unless the practice involves: Public utilities Public health Public Safety Welfare or safety of employees In other words�. if you are the only one who will ever go there, do whatever, but if not�

125. People Not Required to Register under Ch. 471 F.S. (cont): State or municipal employees working on projects valued at less than $10,000 Employees of utilities regulated by the PSC, Federal Energy Commission or FCC Contractor & their foremen doing work signed and sealed by a PE Surveyors who may do incidental engineering to complete a job

126. People Not Required to Register under Ch. 471 F.S. (cont): Employees working under the supervision a registered professional engineer in corporations or municipal or site governmental agencies Contractors licensed according to Ch 489 FS doing design-build projects Full time employees of corporations who�s design practice is limited to design or fabrication or servicing of a product.

127. People Not Required to Register under Ch. 471 FS: Electrical, Plumbing, AC or Mechanical Contractors who�s practice includes design and fabrication of such systems installed by virtue of a license issued by CH 489 or CH 553 FS which has a system: value < $50,000 < 250 fixture units < 15 ton AC system or serves under 100 people

128. And� Architects, or persons subordinate to an architect, who may do incidental engineering to complete a project The reverse is true also with regard to engineers who do incidental architectural work�.

129. Q - So does that mean� Architects can do bridges? Design-build contractors do not need registered engineers on large water treatment plants? Public agencies do not need registered engineers to do capital construction?

130. Who Oversees the day-to-day Regulatory Activity? By Statute, the Florida Engineers Management Corporation FEMC issues certificates via Dept of Business and Professional Regulation Secretary of DBPR is the agency that tracks the paperwork The Board of Professional Engineers is like the Board of Directors

131. Board of Professional Engineers 11 members Seven must be registered PEs 3 Civil Engineers 1 Electrical Engineer 1 Mechanical Engineer 1 an Engineering Educator 1 Industrial Engineer 1 Structural Engineer 1 Other engineer, but not Civil Two must be lay people who are not and can never have been engineers or involved in professions closely related to engineering Appointed by the Governor for 4 year terms

132. Board of Professional Engineers (cont) Board Functions: Adopt Rules Approve Licensing of Applicants Set Fees $125 bi-yearly to renew $150 for new licenses by endorsement $125 for new licenses by test $25 for temporary individual licenses ($50 firms)

133. Florida Engineers Management Corporation Created by CH 471.038 F.S. Non-profit corporation Established to provide the following services to the Board of Professional Engineers by a contract within the provisions of CH 455 F.S.: Investigative Administrative Prosecutorial

134. Florida Engineers Management Corporation Deemed to be management corporation acting as an instrument of the State and not an agency of the State 7 member Board of Directors appointed by the Board of Professional Engineers (but not the same group as the 11 member Board of Professional Engineers): 5 registered engineers 2 lay-people

135. Florida Engineers Management Corporation (cont) Enters into a written contract with DBPR which includes: By-laws Submission of annual budget Certification of compliance with Florida Statutes and goals and purposes of the Board Employs by DBPR of a contract administrator to supervise the functions of the FEMC

136. Florida Engineers Management Corporation (cont) Maintains all records of the Board of Professional Engineers Develops regulations

137. DBPR Oversees FEMC contract Maintains independent investigatory powers Issues emergency suspension or restriction orders and prosecutes all unlicensed activities

138. General Licensure Requirements Graduation from an approved engineering curriculum of 4 years or more 4 years of active engineering experience indicating the ability to be in responsible charge or engineering a project Of good moral character Pass fundamentals (FE) and professional practice (PE) tests

139. Which generally means�. A State university system or ABET accredited school (out-of-state) Working as an engineer for 4+ years (although typically a Master�s degree counts as one of these years for research) Good references!!! No convictions or unprofessional activities No prior violations of Ch 471 Possible Board interview (rare)

140. PE and EI Tests 70% or better on both parts 6/10 or better on all 8 questions on the PE test Retake the test 5 times, then required to have 12 credit hours of college classes

141. Foreign Degrees Reviewed degree by degree Must include 16 hrs higher math, 16 hrs basic science, 16 hours humanities and social science and 48 hours of engineering design Degree does not mean approval by Board

142. Licensure is a privilege, not a right!!! The Board does not have to grant licensure even if you pass the tests!

143. For Endorsement Licensure Meet the General Licensure Requirements (including passing the FE and PE tests in another state with similar requirements and meeting the experience requirements) Hold a license in another State Submit 5 references Cannot be under investigation by other state(s) NOTE: 48 states now permit endorsement or comity licensure (CA and NY are exceptions, and Alaska has a snow load test)

144. Waiver of the FE: Has held a PE license in another state for 15 years, with 20 continuous years of professional level experience Has received a PhD at a university with an ABET accredited undergraduate program Has a PhD and has taught undergraduates for at least 3 years after receiving the PhD

145. Waiving the PE Exam Has held a PE license in another state for 25 years, with 30 continuous years of professional level experience

146. So let�s look at a couple of applicants wanting to take the PE test: Jim Bob had a 2.0 GPA in Civil Engineering from UF and spent the majority of his time in school partying, working on his car, watching sports and chasing women. He passed the FE with a grade of 70. He�s worked for ABC engineering for the last 4 years and his co-workers say he does ok. He has never been arrested or charged with unprofessional activity. What is the probability he gets the opportunity to take the PE test�.

147. So let�s look at a couple of applicants wanting to take the PE test: Dan had a 3.9 GPA from UCF and spent the majority of his time in school studying so he could go to grad school, which he did (also at UCF in engineering). He passed the FE with a grade of 98. He�s worked for ABC engineering for the last 4 years and his co-workers say he does great, except for the unfortunate drug possession conviction on south beach last year. Probability he gets an opportunity to take the PE test�.

148. So let�s look at a couple of other applicants seeking licensure�. Amy graduated in her own state from X. Tech in 1978, with a 4.0. However at that time, XT was not accredited. However, she passed the FE and PE tests with no problem and has been registered in her home state after graduation since 1985. Probability she gets a PE license�

149. So let�s look at a couple of other applicants seeking licensure�. Monroe has been working as an engineer for the last 45 years and finally decided to close his practice and move to sunny S. Florida. Monroe never went to college but he learned a lot from old friends at X&Y, Inc., an international consulting firm and was able to secure a PE license back in 1974 from his home state. Probability he gets a license �

150. License Renewals Automatic after receiving fee for renewal assuming there are no disciplinary proceedings pending�. Renewals occur every two years Must demonstrate continuing professional competency with 4 hrs of professional development each year. 4 hrs every two years is for Chapter 471 Florida Statutes & Rules Applying to the Engineering Profession

151. Professional Development Hours (PDH) Requirement Amendments to 471.017 F.S. (2000 Legislature) Requires 8 hrs of professional development hours for each renewal period (2 years) 4 hours must be on Ch. 471 F.S. and rules adopted pursuant to Ch 471 F.S. or related thereto (this course meets this requirement) Repeat every 2 years NO CARRYOVER !!

152. PDHs (from 61G-15) 1 CEU = 10 PDH Published papers, articles or books = 10 PDHs Patents = 10 PDHs College course = 15 PDHs/credit hour Sitting through a Board of Professional Engineers meeting satisfies the 4 hour requirement for Ch. 471 F.S. Approved seminars, certain professional activities (not to exceed 2 PDHs) Some video classes as well, but requires an examination be passed (70%) Active in Professional organization (max 2 PDHs)

153. Going to a Board Meeting Must sign in at the beginning Continuous attendance throughout the meeting Must stay for the entire meeting regardless how long it is But does not count if you have other reasons to be there

154. Non-Qualifying Full-time faculty teaching classes Equipment shows Attendance at the same place two or more times Enrollment without attendance Tours of buildings, projects, etc except under specific conditions Employment as an engineer Personal, estate or financial planning training Self taught course Self improvement classes

155. Demonstration of PDHs Title of activity and description Date, location PDH hours Area of practice Records required to be kept for four years Must meet these objectives for renewal

156. Approved Providers Accredited higher education institutions (universities) State or National professional organization that promotes engineering Core Curriculum providers approved by the American Building Commission under Section 553.841 FS Continuing education providers approved by the Board But: Instructors must not be under disciplinary proceedings!!

157. What if you don�t renew? Well, you reapply and need 12 PDH hours for every year the license lapsed�.. ?

158. Temporary Licenses Florida grants them for a period not to exceed 12 months. Applicants must meet general licensure requirements or endorsement requirements except no references required Limited to one project only Applicants must pay the fee

159. The caveat to all Licensure� CH 471.015 (4) states that the Board may not issue any person a license if that person has an existing license that is under investigation in another state for an act that would constitute a violation under the Florida rules, until that proceeding is complete and any disciplinary actions are taken. So even if the complaint is unjustified, they cannot issue you a license!

160. Corporations If you practice engineering as a corporation, partnership or fictitious name, a certificate of authorization is required - Ch. 471.023 � Business license

161. So� about Corporations and Partnerships? Certificates of Authorization are required for all corporations, partnerships, etc. offering services to the general public. Certificates of Authorization are required for all persons offering services to the general public if they use a fictitious name Renewal required every 2 years But� documents must be signed, sealed and dated by the engineer who prepared of approved them

162. Corporations and Partnerships Practicing through a corporation does not relieve you of personal liability for negligence, misconduct or wrongful acts. All partners are jointly and severally liable in partnerships for negligence, misconduct or wrongful acts. Officers may be liable for negligence, misconduct or wrongful acts committed by them or those under their supervision Liability may be limited to full value of the property

163. Building Code Inspections PE can perform building code inspection w/o certification by Building Code Administrator�s Board Note if you submit to a Bldg Dept, you need to take the Building class!! Conditions Must be requested by local or state agency Can�t review own, or own firm�s plans Complaints processed by Board of Professional Engineers, subject to Ch 471 F.S.

164. Chapter 61G-15

165. Class 6 - Difference in Laws Ch. 471 F.S. is licensing law Chapter 61G-15 is the implementation rule for engineering profession; 61G-15 is much more extensive � 53 pages

166. 61G 15-18 Requires Board members to attend the meetings or be removed Sets definitions for the rule Model rules for Board operation

167. Definitions Public Record - Any document filed with federal, state, local or other governmental entity except in anticipation of litigation Engineering Documents � designs, plans, specifications, drawings, prints, reports or similar instruments in connection with engineering work as issued by a PE or under a PE�s supervision

168. Prime Professional Florida PE who is engaged to plan, design, coordinate, permit, or observe construction on a project Responsible to retain and coordinate services of professionals needed to complete project May be Engineer of Record

169. Engineer of Record Florida PE in responsible charge for signing, dating, sealing and issuing engineering documents for any service or creative work Do only work when fully competent � use Delegated Engineers for the other parts Communication with Delegated Engineer must be in writing Do not S/D/S any work that a Delegated Engineer does

170. Delegated Engineer Florida PE who undertakes specialty work (structures, geo-technical, etc) on a portion of the project, as delegated by the Engineer of Record

171. For Structures Engineer of Record likely to be structural engineer, but may be delegated engineer Responsible for preparation of documents and framing concept for project Limited to structural aspects!!

172. Engineer of Record Expectations of Delegated Engineer: Work is done by a PE Conforms with written instructions and standards of practice Conforms with the intent of Engineer of Record Engineer of Record must confirm these criteria are met

173. Delegated Engineer Responsibilities Comply with Engineer of Record�s written instructions and submit same for review Include project identification and criteria used as basis of design, including calculations, drawings and design assumptions Contact Engineer of Record to advise of any conflicts with written instruction and resolution of same

174. Successor Engineer Adopts or picks up work of another engineer Must be able to show he has recreated the work to verify its adequacy before S/D/S including: Calculations Site visits Project research Must notify original PE, successor or assign by certified letter on intent to use or reuse work Plans do not have to be re-drawn!!

175. Responsible Charge Degree of control required to maintain control over documents. Derived via authority over other participants Makes engineering decisions Judges work of others

176. Responsible Charge -Making Engineering Decisions: Selection of alternatives to be investigated Selection of design codes, standards and methods Selection of Materials Selection of methods/techniques of testing materials or completed works Control over Operating and maintenance procedures

177. Responsible Charge Assumed to be PE who S/D/S documents Must be able to answer questions relevant to engineering decisions in sufficient detail to leave little doubt of involvement in the project (61G-15-18.011) If not, DO NOT S/D/S documents!!! Do not S/D/S mylar, vellum, linen, sepia � anything that can be modified after the fact If you do you must send a S/S/D statement acknowledging you did and advising you are not responsible for any changes made after submittal.

178. Government Employees Government PE must act under Responsible Charge rule whenever they do engineering work, as defined in Ch. 471.005 (6) F.S. If equivalent to those of consultants, documents require the same S/D/S as consulting reports, under responsible charge of a PE �Municipal, �City or �County Engineers� must be PEs (61G15-26.001 (2))

179. Government Employees Non-Professional Govt. employees may NOT over-ride, reject, modify, or approve engineering documents prepared by a PE unless such actions are concurred by the PE in responsible charge of the project or employee and the PE takes full responsibility for such actions. WOW!!!!

180. Responsible Charge is Not.. Control of the Company Mean a position in a corporate hierarchy Refer to financial liability

181. Seals As of January 1, 2002!!! All seals must be 1-7/8 inches in diameter or larger Impression only, no stamps (new digital seals are also ok) Must say Professional Engineer, most older seals say registered engineer � most older seals do not

182. What is Required for Sealing? Impression seal Signature Date

183. What Must be Sealed Final Drawings Final specs Final plans Final reports Final documents filed for public record

184. Signing, Dating and Sealing Documents must be signed, sealed and dated (S/D/S) � Seal must emboss Sign/Seal/Date means document is authentic Failure to do any may be grounds for discipline If you are unsure, DO NOT SIGN OR SEAL!!!

185. Signing/Dating/Sealing S/D/S only those documents that conform to acceptable standards and codes, and safeguard the life, health, property and welfare of the public Drafts or preliminary plans should NOT be S/D/S Stamp other documents �Draft,� �Not for Construction,� and/or �For Review Only� Permit copies should be noted as such

186. Signing/Dating/Sealing S/D/S required for permit, construction and bidding purposes S/D/S required for public records Documents must provide project information and limitations S/D/S by person in Responsible Charge only (by section of plans or report) Documents must include title block with name, address, license number of Engineer or firm (or government agency) Cover sheets must be S/D/S by those in Responsible Charge

187. Signing/Dating/Sealing Procedures for filing electronic signatures and sealing in 61G15-23.003 Website info at: ftp://ftp.isi.edu/in-notes/rfc1738.txt

188. What Must NOT be sealed Work done by others not under your direct supervision Work done under your supervision but not reviewed by you Work done that is outside your profession or specialty Anything you don�t think is FINAL!!!! Anything you have not done due diligence on

189. Q � In doing your due diligence�. CH 471.027 F.S. gives engineers statutory permission to go on to, over and upon lands of others when necessary, to make engineering surveys and in doing so to carry with them their agents and employees necessary for that purpose? The Statutes strictly note that entry for this purpose is not trespass and not liable for arrest or civil action � but don�t damage the property!!

190. So let�s ask a series of Questions�.

191. Q � Can you knowingly: Practice engineering without registration? Use the title �registered� or �professional engineer� if you are not one? Use the suffix P.E. after your name if unregistered? Employ unlicensed people to practice engineering without a supervising PE?

192. Q � Can you knowingly (cont): Give false or forged evidence to the Board of a member thereof? Conceal information relative to violations of CH 471? Seal drawings the day after your registration expired?

193. All of these practices are specifically prohibited by the statutes!!(CH 471.031 FS, and the key is the word �knowingly�)

194. All of these items constitute criminal misdemeanor and are punishable by Statute: 775.082 775.083

195. How About another seriesof Questions about actions�..

196. How About�. Using a seal that says �registered� vs. �professional� engineer? Not conveying information of violations to the Board or FEMC? Advertising services fraudulently? Violating CH 455 FS Using your license for services even if it is revoked or suspended?

197. And How About�. Sealing work you did not do? Sealing work not done under your responsible supervision, direction or control? Having your license revoked in another state? Filing a false report required by law? Pleading guilty to a crime involving the practice of engineering

198. The answer to all of these questions is�.. NO!!!

199. These actions constitute grounds for disciplinary action by the Board of Professional Engineers And there are many options that can be used�.

200. Disciplinary Actions Denial of License Application Suspension of License Revocation of License Reprimand Probation for a period of time Restriction of practice area Fines up to $1000 for each count ($5000 for building code violations)

201. Then There is� Negligence Incompetence Misconduct

202. What about�. Negligence? Negligence is defined as the failure to exercise due care in the performance of the work�..OR Something which an ordinarily prudent person would foresee as a risk of harm to others if not corrected

203. Negligence can constitute grounds for disciplinary action by the Board of Professional Engineers, but not criminal prosecution

204. What about� Incompetence? Incompetence is defined as a lack of ability to perform a function OR A lack of qualification to perform a function

205. Incompetence can constitute grounds for disciplinary action by the Board of Professional Engineers, but not criminal prosecution

206. What about � Misconduct? Defined as a transgression of some established rule of action where no discretion is left What this is is any violation of CH 471, or any other statutes, rule, ordinance, etc�.

207. Misconduct can constitute grounds for disciplinary action by the Board of Professional Engineers, including criminal prosecution

208. Moral: Exercise due care when designing, inspecting or preparing engineering documents and providing counsel Do not practice outside the areas of your true expertise even if you are asked to (or learn more) Follow the rules!!

209. So Let�s Look at a Series of Examples�.. (Note, unless otherwise noted, these are real cases�)

210. Example 1 Robert H has a PE license in Florida and Montana. He is having his license acted upon by the licensing agency in the State of Montana. What potential issues does Robert have with his Florida License? What could happen?

211. What Did Happen Fined him $1000, payable within 30 days, suspended license until fine is paid if beyond 30 days, for having action on license in another state

212. Example 2 John P is a civil engineer by training. Another engineer brought to the Board�s attention that John had signed, dated and sealed plans for an electrical system at a facility. What potential issues does John have with his Florida License? What could happen?

213. What Did Happen Fined $3000 � violation of prohibition against negligence, incompetence and misconduct Required to take course on professionalism and ethics Could not practice electrical engineering until he passed electrical engineering exam Plans had to be reviewed by a registered electrical engineer chosen from two or more names John submitted to the Board

214. Example 3 Bill M is a civil engineer by training and mostly does subdivision work. He filed several documents to be recorded in the Public Records. The Clerk of Courts notified the Board that Bill had not properly signed, sealed and dated the documents� What potential issues does Bill have with his Florida License? What could happen?

215. What Did Happen Fined him $1000, payable within 30 days, suspended license until fine is paid if beyond 30 days for failure to properly sign, seal and date public records Required to take course on professionalism and ethics

216. Example 4 Collins is a civil engineer by training. His client asked him to prepare a treatment facility �just like the guy down the road.� Collins obtained the plans, copied them and signed, sealed and dated them. What potential issues does Collins have with his Florida License? What could happen?

217. What Did Happen License placed on probation for a year. Terms of probation were determined later upon appearance before the Board by Collins at a later date (where he was fined and had to take a course on professionalism and ethics)

218. Example 5 Richard has a degree in civil engineering, and a license. His company is XYZ Engineering under which he and his partners offer engineering services. Richard is the only PE. What potential issues does Richard have with his Florida License? What could happen?

219. Resolution Fined $1000. The corporate requirements indicate that where a corporation offers engineering services, the corporation must obtain a certificate of authorization.

220. Now Perhaps some more complicated Examples� (based on truth, but may be embellished�)

221. Example 6 Joe is a professional engineer in Florida. He designs a complicated pipeline system and determines that lined ductile iron pipe is the only appropriate material to use to protect the health and welfare of the public. His extensive analysis determines that PVC, HDPE and pre-stressed concrete (PSC) are not appropriate for the conditions. Joe�s boss is a PE, but loves the guy who sells PSC pipe and changes the spec to PSC to help him out. What potential issues do Joe or his boss have with their Florida Licenses? What could happen?

222. Likely Result Joe: Joe must report the change to his employer and the responsible public authority, a difficult position for Joe Joe�s boss Fined (negligence, maybe misconduct) Required to take course on professionalism and ethics Possible probation or license suspension

223. Example 7 Pam and Ted work in the same firm and were once really close, maybe even dated. However, both now feel the other has used them to enhance their own careers. Both hold degrees in civil engineering, Ted in environmental and Pam in structural. Pam sees that Ted has signed, sealed and dated some plans for a small treatment project that include some structural column work for a building. Pam files a complaint as a registered engineer that Ted is working outside his area of expertise. Are there likely consequences to either party for this incident?

224. Likely Result Ted: Pretty irritated, at having to defend himself, but unless the structural work was a major component of the project and was a complicated exercise, likely nothing (preferably he had someone under him either do the work or check it. Pam Fined (false testimony) Required to take course on professionalism and ethics

225. Example 8� Steve is the VP of a multi-state engineering firm. He has BS in Civil engineering with 20 years experience (much of it in project management and client relations). He is one of two people with a Florida PE license in the firm. The firm designs a major WWTP expansion in Florida. His firm divides the work into five areas in the regional office he supervises: structural, electrical, process, mechanical and architectural. The structural design chief is not licensed, nor is the electrical section chief. When the project is to be bid and permitted, Steve signs all the plans.

226. What Problems do you see�

227. What Problems do you see�For starters�. Steve is sealing work that is not within his expertise (electrical for sure and likely structural � incompetence, negligence) Steve is sealing work that is done by people not under his direct supervision, although they are under the umbrella of his control Do we really think Steve reviewed the plans? (Misconduct) Unlicensed people did much of the work (misconduct)

228. What if a major structural component fails�. Then what�. ???????

229. Class So who needs 6 - Civil/Env/Arch Engineering Services?

230. So who needs Civil/Env/Arch Engineering Services? State Governments Local Governments (Cities, Counties & special districts/authorities) Utilities Schools Developers

231. Many of your clients will be Governments if you are in the private sector

232. How should services be acquired?

233. Selection Criteria Stated in FL Law Ability of Professional Personnel Past Performance Location Willingness to meet time and budget requirements Recent/current/projected workloads Use of minorities Other published and reasonable criteria

234. Acquiring Services - Public CCNA applies to public agency solicitations for engineering services or design-build services Applied via total compensation to be earned Requires public announcement Requires firms be certified as competent prior to submittal Requires administrative procedures be created by the entity Requires selection based on QUALFICATIONS!!

235. Selection Advertise Defendable/useful/published criteria Equitable distribution of work is an intent of the law so if two firms are equally qualified, the firm with the least work is the one who is awarded the work Negotiation with highest ranked firm Move to second firm only if negotiations with top ranked firm have ended (can�t go back)

236. Competitive Negotiation The entity negotiates a contract with the most qualified firm for compensation that is fair, competitive and reasonable. A detailed analysis of the cost of the services is required , considering the scope and complexity of the work. For large projects, a Truth-in-Negotiation certificate to indicate that wage rates and unit costs are accurate is REQUIRED!!

237. Contingent Fees ARE PROHIBITED!! What are they? They are �finders�s fees� or fees paid to persons who are not bona fide employees of the firm for soliciting and/or helping to secure work, said fee paid contingent upon award of the contract. The term �fee� include gifts, commissions or other considerations. Can be construed to be gifts to elected officials or promises to help campaigns if awarded a contract This happens and is a criminal action which must be reported.

238. NSPE Ethics NSPE publishes and updates a Code of Ethics for Engineers which covers many areas Maintains a list of opinions about ethics violations Maintains a list of cases brought against engineers by NSPE, many of these are incorporated into State and local regulations

239. NSPE Ethics Fundamentals Safety, health and welfare of public is paramount Provide service only in your area of competence Be objective and truthful Avoid deceptive acts Act as faithful agent for client Always act honorably, responsibly, lawfully and ethically to enhance the profession

240. Specific Issues Notify the client or other authority when judgment is over-ruled Approve plans and specs when prepared by you or under your supervision and in conformity with applicable standards Sign and seal only those areas you are competent to seal, have appropriate others sign and seal the other parts Maintain client confidence Report violations of the Code and cooperate with information during investigations

241. Specific Issues Express opinions based on the facts, in an objective manner Avoid statements or criticisms paid for by interested parties unless identifying the party you are speaking for (just like lawyers) Disclose all potential conflicts of interest to clients Do not accept compensation from more than one party for the same work Provide no gifts or contribution that may be reasonably construed as trying to influence award of projects

242. Specific Issues No contingent fees Take responsibility for errors Do not alter or distort facts Advise clients when projects are less than successful Maintain the public interest,first, not your own Improve public perception of engineers

243. Specific Issues Review the plans of another engineer only when the other engineer is advised you are doing so Public sector engineers are entitled to review work of other engineers

244. Homework Download the test from the Florida Licensing Board. Answer and justify your responses (40 multiple guess)