Unit III: Central Professional Responsibilities of Engineers (AGM)

Unit III: Central Professional Responsibilities of Engineers

▪ Introduction
▪ Confidentiality
▪ Proprietary Information
▪ Rights of Engineers
▪ Conflict of Interest
▪ Competitive bidding
▪ Ethical corporate climate & its features

Introduction

Engineering is a profession that requires a high degree of technical knowledge and skill.
However, the responsibilities of an engineer go beyond technical competence.
Engineers are responsible for upholding ethical principles and promoting the public
interest. Following are the central professional responsibilities of Engineers:

❖ Ensuring Public Safety

❖ Practicing with Integrity and Professionalism
❖ Continuing Professional Development
❖ Adhering to Ethical Standards
❖ Considering Social, Economic & Environmental Impacts
❖ Communicating Effectively

Confidentiality

A unique characteristic of majority of professions is the requirement that the members

of the profession should keep certain information of their client secret or confidential.
Confidentiality refers to the obligation to keep certain information private or not
disclose to unauthorized parties. Thus, confidentiality is the duty to keep secret all
information deemed desirable to keep secret. Basically, it is any information that the
employer or client would like to have kept secret to compete effectively against business
rivals. Often this is understood to be any data concerning the company’s business or
technical processes that are not already public knowledge.

Although this criterion is somewhat vague, it clearly points to the employer or client as
the main source of the decision as to what information is to be treated as confidential.
Within other governmental agencies and private companies, engineers and other
employees are usually expected to withhold information labeled “confidential” from
unauthorized people both inside and outside the organization. The clause of
confidentiality is also mentioned in most of the draft of engineering code of ethics. This
is well-established principle in medicine where, patient’s medical information is kept
confidential and in law where, attorney-client privilege is well established doctrine.

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Following are types of information that should be kept confidential:

▪ Results data
▪ Information about upcoming unreleased products
▪ Information about designs or formula for products
▪ Business information concerning the number of employees working on a project, the
identity of suppliers, marketing strategies, production cost and production yields
▪ Engineers today are required to sign a non-disclosure agreement which binds them
from sharing any information with outsiders
▪ Government organizations like defense sector have more stringent rules because of
security issues

Proprietary Information

Proprietary information is company data, details and information organization

members wish to keep private from outside parties. Certain pieces of company
information are considered proprietary as long as the company treats it as confidential
and doesn’t release it for public use or visibility. If an employee releases this confidential
information to outside parties, they could face legal repercussions. The company must
prove that it has taken necessary precautions to keep this information protected by
implementing security measures like password protecting documents and instructing
employees to sign non-disclosure agreements.

Most employers have their employees review and sign a proprietary information
agreement before starting their position or collaborating on an important project. This
legal contract specifies the information and materials that employee must agree to keep
confidential for a certain time period. Following are some examples of proprietary
information:
▪ Production methods
▪ Marketing and business plans or strategies
▪ Salary structures, Trade secrets
▪ Customer and prospect contact information
▪ Contracts, Computer system passwords
▪ Company financial data
▪ Product research and development

Rights of Engineer:

Engineers have certain fundamental rights that are recognized by professional

organization. These are designed to protect engineers from undue pressure or
interference in their professional duties. As humans, engineers have fundamental rights
to live and freely pursue their legitimate interests, which implies, for example, rights
not to be unfairly discriminated against in employment on the basis of gender, race, or
age. As employees, engineers have employee rights, including the right to receive one’s
salary in return for performing one’s duties. As professionals, engineers have
professional rights that arise from their professional role and the obligations it involves.

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A] Fundamental Rights:
▪ Right to Equality
▪ Right to Freedom
▪ Right against Exploitation
▪ Right to Freedom of Religion
▪ Cultural and Educational Rights
▪ Right to Constitutional Remedies

B] Professional Rights: Three professional rights have special importance:

1. Right of Professional Conscience:

The right of professional conscience is the moral right to exercise professional
judgment in pursuing professional responsibilities. Pursuing those responsibilities
involves exercising both technical judgment and reasoned moral convictions. As
with most moral rights, the basic professional right is an entitlement giving one the
moral authority to act without interference from others. It is a “liberty right” that
places an obligation on others not to interfere with its proper exercise.

2. Right of Conscientious Refusal:

Right of conscientious refusal is right to refuse to engage in unethical behavior and
to refuse to do so solely because one views it as unethical. According to this right,
no employer can force or pressure an employee to do something that employee
considers unethical and unacceptable. It seems clear enough that engineers and
other professionals have a moral right to refuse to participate in activities that are
illegal and clearly unethical (for example, forging documents, altering test results,
lying, giving or taking bribes etc.)

3. Right of Professional Recognition:

An engineer has a right to professional recognition of one’s work and
accomplishments. An engineer also has right to speak about work by maintaining
confidentiality. The recognition/rewards can be extrinsic (related to the monetary
remunerations such as increased salaries, commissions, bonus etc.) or intrinsic
(related to non-monetary remunerations such as acknowledging achievements by
issuing appreciation letters, certificates, oral praises etc.). The fulfillment of right to
recognition motivates the employee to be a trustful member of the organization,
which also benefits the employer.

C] Employee Rights: An employee right can be any right, moral or legal, that involves
the status of being an employee. Privacy and equal opportunity are considered essential
employee rights.

1. Right to Privacy
It refers to the right of having a private life, off the job. It is the right to control the
access to and the use of information about oneself. The instances when a supervisor
unlocks and checks the desk of his subordinate in his absence or when the
management questions about his likes, dislikes or posts on social media regarding
his personal opinions where it has nothing to do with the company.

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2. Right to Equal Opportunity:

The demeaning of a person based on trivial factors such as one’s gender, race, skin
color, age or political or religious outlook can be understood as Discrimination. Such
a discrimination should never be allowed at any workplace; this is where everyone
has to be treated equally. These things internally affect the person’s self-identity and
self-respect which is harmful within the work environment, where the work itself
should represent a person’s self-image.

Conflict of Interest:

A conflict of interest is a situation where an individual’s personal interests conflict with

their professional duties or obligations. A conflict of interests occurs when an engineer’s
personal or financial interests interfere with their ability to make unbiased and objective
decisions. It can have serious consequences, including compromised safety, decreased
public trust, and potential legal or ethical violations. Therefore, it is important to
identify and manage conflicts of interests in a transparent and ethical manner.

Situations for Conflict of Interest:

Conflict of interest can arise in a variety of conditions or situations. Some examples of
these situations are:
▪ Dual Employment: An engineer working for two construction companies may
provide one company with confidential information about other company’s bidding
process.
▪ Personal relationships: An engineer may award a contract to a company owned
by their relative or a close friend.
▪ Gifts and favors: An engineer may receive a gift or incentive from supplier that
influences their decision-making in favor of that supplier.
▪ Insider Information: An engineer working for a construction company may have
inside knowledge about project’s bidding process, which they use to gain an
advantage in bidding.

Types of Conflict of Interest:

There are majorly following three types of conflict of interest:

1. Actual conflict of interest:

▪ Actual conflict of interest arises when an employee compromises objective

engineering judgement. It refers to loss of objectivity in decision making and
inability to faithfully discharge professional duties to employer.
▪ Example: A mechanical engineer working in the purchase department of automobile
industry might have his personal influence while offering contract of supply of raw
materials to a vendor. In this case, pursuing his financial interest with the vendor
might lead him not to objectively and faithfully discharge his professional duties to
his industry.
▪ Thus, actual conflict of interest can corrupt professional judgement.

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2. Potential conflict of interest:

▪ It may corrupt professional judgement in future if not in the present. Although,

potential conflict of interest may not harm the interest of the employer initially,
there is threat that potential conflict of interest will become actual conflict of
interest at the later stage.
▪ Ex: An engineer becoming friend with a supplier for his company. In this case,
engineer may not have conflict of interest initially. However, in future he may favor
his friend, as in the case of actual conflict of interest.

3. Apparent conflict of interest:

▪ There are situations in which there is appearance of a conflict of interest. Apparent

conflict of interest actually not corrupting the professional judgement. However, it
decreases the confidence of employer and public in the objectivity and
trustworthiness of professional services. Thus, it harms both profession and public.
▪ Ex: Consider a situation, where design engineer is paid based on the percentage of
cost of design and there is no incentive for him to reduce cost down. In this context,
it may appear that the engineer will make design more expensive in order to earn
more commission for himself. This may cause the distrust of engineer’s ability to
perform his duty.

Avoiding Conflict of Interest:

To avoid any conflict of interest, engineers can take following measures:

❖ Disclosing any personal relationships or interest that could influence their work.
❖ Recusing themselves from decision-making processes where their personal interests
could conflict with their professional responsibilities.
❖ Seeking guidance from professional associations or regulatory bodies when facing
conflict of interest.

Competitive Bidding:

Competitive bidding is a process that is used to select the best contractor or supplier for
a project. In engineering, competitive bidding is an important part of the procurement
process. Engineers must ensure that the bidding process is fair, transparent and
competitive. They must also ensure that they do not provide an unfair advantage to any
particular bidder or supplier.

Competitive bidding is a procurement process in which multiple vendors or contractors

compete for a contract by submitting their bids or proposals for a specific project or
service. The process is typically used by governments, business and other organizations
to ensure that they receive the best value for their money.

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How it works?
❖ Let’s assume a government agency needs to construct a new public building. They
will first issue a Request for Proposal (RFP) that outlines the scope of the project,
the specifications and evaluation criteria.
❖ The RFP will be sent to multiple contractors who have expressed their interest in the
project. The contractors will then review the RFP and submit their proposals, which
include their estimated cost and timelines for its completion.
❖ The government agency will evaluate the proposals based on various criteria,
including the contractor’s experience, track record and ability to meet the
specifications.
❖ Once the evaluation is completed, the agency will select the winning contractor
based on who offers the best value for money.
❖ In this case, value may not necessarily mean lowest cost. Other factors such as
contractor’s experience, quality of work and ability to meet project timeline may also
taken into consideration.

Competitive bidding helps to ensure that any organization receives the best value for
its money and that selected contractor is capable of delivering the project to the
required specifications. It promotes fair competition and helps to prevent favoritism or
conflict of interest in the procurement process.

Following steps are involved in competitive bidding process:

▪ Identification of needs
▪ Development of RFP (Request for Proposal)
▪ Distribution of RFP
▪ Bidder questions and clarifications
▪ Submission of bids
▪ Bid evaluation
▪ Selection of winning bid
▪ Contract negotiation
▪ Contract award

Advantages of Competitive Bidding:

❖ Fair competition
❖ Best value for money
❖ Reduced risk
❖ Efficiency
❖ Increased innovation

Disadvantages of Competitive Bidding:

❖ Unreasonable low bids
❖ Time and resource-intensive
❖ Barrier to entry
❖ Pre-qualification
❖ Delayed start of work

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Ethical Corporate Climate & its Features:

An ethical corporate climate is one in which ethical principles and values are embedded
in the organization’s culture and practices. It includes a commitment to ethical conduct
at all levels of the organization, clear policies and procedures for handling ethical issues
and a culture of transparency and accountability. Ethical corporate climate is essential
for promoting ethical behaviour in engineering and ensuring that public interest is
protected. An ethical corporate climate refers to the overall culture and environment
within a company that emphasizes ethical behaviour and decision-making.

It is characterized by a strong commitment to moral values, responsible conduct and

the well-being of all stakeholders. From an engineering professional ethics perspective,
an ethical corporate climate is essential to ensure companies conduct their business in
an ethical and responsible manner. Ultimately, an ethical corporate climate can help to
create more sustainable business environment which is based on principles of integrity,
transparency and social responsibility.

Following are some key features of an ethical corporate climate:

▪ Ethical Leadership: Leaders who set the tone for ethical behaviour within the
organization by modelling ethical conduct, establishing clear ethical standards and
enforcing them consistently.
▪ Transparency: A commitment to openness and honesty in all business dealings,
including clear communication with stakeholders, adherence to regulatory
requirements, and disclosure of potential conflict of interest.
▪ Employee Empowerment: The provision of opportunities for employees to voice
concerns, provide feedback, and participate in decision-making processes.
▪ Accountability: A clear chain of accountability for ethical conduct, including
mechanisms for reporting and addressing ethical violations and sanctions for those
who fail to meet ethical standards.
▪ Commitment to Social Responsibility: A recognition of company’s role in society
and a commitment to act in ways that are socially responsible and environmentally
sustainable.

Important Questions:

1. Explain the concept of Confidentiality?

What are various types of information that should be kept confidential?
2. Discuss in detail various rights of an engineer.
3. Describe different types of professional rights.
4. What is conflict of interest? Discuss its types with suitable example.
5. Describe the working of Competitive bidding in brief.
6. Explain ethical corporate climate and its various features.

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