Castrodes, Jesryl T.

TCIE 1-3

PICE CODE OF ETHICS

FUNDAMENTAL PRINCIPLES
CIVIL ENGINEERS uphold and advance the integrity, honor and dignity of
the civil engineering profession by:

1. Using their knowledge and skill for the enhancement of human

welfare and the environment.

2. Being honest and impartial and serving with fidelity and public, their
employers/employees and clients;

3. Striving to increase the competence and prestige of the civil

engineering profession; and

4. Supporting the professional and technical societies of the discipline.

Preamble
Engineering is an important and learned profession. As members of this profession,
engineers are expected to exhibit the highest standards of honesty and integrity.
Engineering has a direct and vital impact on the quality of life for all people. Accordingly,
the services provided by engineers require honesty, impartiality, fairness, and equity,
and must be dedicated to the protection of the public health, safety, and welfare.
Engineers must perform under a standard of professional behavior that requires
adherence to the highest principles of ethical conduct.
I. Fundamental Canons Engineers, in the fulfillment of their professional duties,
shall:
1. Hold paramount the safety, health, and welfare of the public.
2. Perform services only in areas of their competence.
3. Issue public statements only in an objective and truthful manner.
4. Act for each employer or client as faithful agents or trustees.
5. Avoid deceptive acts. 6. Conduct themselves honorably, responsibly,
ethically, and lawfully so as to enhance the honor, reputation, and usefulness
of the profession.

Rules of Practice 1.

II. Engineers shall hold paramount the safety, health, and welfare of the public.
a. If engineers’ judgment is overruled under circumstances that endanger life
or property, they shall notify their employer or client and such other authority
as may be appropriate.
b. Engineers shall approve only those engineering documents that are in
conformity with applicable standards.
c. Engineers shall not reveal facts, data, or information without the prior
consent of the client or employer except as authorized or required by law or
this Code.
d. Engineers shall not permit the use of their name or associate in business
ventures with any person or firm that they believe is engaged in fraudulent or
dishonest enterprise. e. Engineers shall not aid or abet the unlawful practice
of engineering by a person or firm. f. Engineers having knowledge of any
alleged violation of this Code shall report thereon to appropriate professional
 bodies and, when relevant, also to public authorities, and cooperate with the
proper authorities in furnishing such information or assistance as may be
required.

III. 2. Engineers shall perform services only in the areas of their competence.

a. Engineers shall undertake assignments only when qualified by education or

experience in the specific technical fields involved.
b. Engineers shall not affix their signatures to any plans or documents dealing
with subject matter in which they lack competence, nor to any plan or
document not prepared under their direction and control.
c. Engineers may accept assignments and assume responsibility for
coordination of an entire project and sign and seal the engineering documents
for the entire project, provided that each technical segment is signed and
sealed only by the qualified engineers who prepared the segment.

IV. 3. Engineers shall issue public statements only in an objective and truthful
manner.
a. Engineers shall be objective and truthful in professional reports,
statements, or testimony. They shall include all relevant and pertinent
information in such reports, statements, or testimony, which should bear the
date indicating when it was current.
b. Engineers may express publicly technical opinions that are founded upon
knowledge of the facts and competence in the subject matter.
c. Engineers shall issue no statements, criticisms, or arguments on technical
matters that are inspired or paid for by interested parties, unless they have
prefaced their comments by explicitly identifying the interested parties on
whose behalf they are speaking, and by revealing the existence of any
interest the engineers may have in the matters.

V. 4. Engineers shall act for each employer or client as faithful agents or

trustees.

a. Engineers shall disclose all known or potential conflicts of interest that

could influence or appear to influence their judgment or the quality of their
services.
b. Engineers shall not accept compensation, financial or otherwise, from more
than one party for services on the same project, or for services pertaining to
the same project, unless the circumstances are fully disclosed and agreed to
by all interested parties.
 c. Engineers shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from outside agents in connection with the
work for which they are responsible. d. Engineers in public service as
members, advisors, or employees of a governmental or quasi-governmental
body or department shall not participate in decisions with respect to services
solicited or provided by them or their organizations in private or public
engineering practice. e. Engineers shall not solicit or accept a contract from a
governmental body on which a principal or officer of their organization serves
as a member.

VI. 5. Engineers shall avoid deceptive acts.

a. Engineers shall not falsify their qualifications or permit misrepresentation

of their or their associates’ qualifications. They shall not misrepresent or
exaggerate their responsibility in or for the subject matter of prior
assignments. Brochures or other presentations incident to the solicitation of
employment shall not misrepresent pertinent facts concerning employers,
employees, associates, joint venturers, or past accomplishments.
b. Engineers shall not offer, give, solicit, or receive, either directly or indirectly,
any contribution to influence the award of a contract by public authority, or
which may be reasonably construed by the public as having the effect or
intent of influencing the awarding of a contract. They shall not offer any gift or
other valuable consideration in order to secure work. They shall not pay a
commission, percentage, or brokerage fee in order to secure work, except to
a bona fide employee or bona fide established commercial or marketing
agencies retained by them.

VII. III. Professional Obligations

1. Engineers shall be guided in all their relations by the highest standards of
honesty and integrity.
a. Engineers shall acknowledge their errors and shall not distort or alter the
facts.
b. Engineers shall advise their clients or employers when they believe a
project will not be successful.
c. Engineers shall not accept outside employment to the detriment of their
regular work or interest. Before accepting any outside engineering
employment, they will notify their employers.
d. Engineers shall not attempt to attract an engineer from another employer
by false or misleading pretenses.
e. Engineers shall not promote their own interest at the expense of the dignity
and integrity of the profession. f. Engineers shall treat all persons with dignity,
respect, fairness, and without discrimination.

2. Engineers shall at all times strive to serve the public interest.

a. Engineers are encouraged to participate in civic affairs; career guidance for
youths; and work for the advancement of the safety, health, and well-being of
their community.
b. Engineers shall not complete, sign, or seal plans and/or specifications that
are not in conformity with applicable engineering standards. If the client or
employer insists on such unprofessional conduct, they shall notify the proper
authorities and withdraw from further service on the project.
c. Engineers are encouraged to extend public knowledge and appreciation of
engineering and its achievements.
d. Engineers are encouraged to adhere to the principles of sustainable
development1 in order to protect the environment for future generations.
e. Engineers shall continue their professional development throughout their
careers and should keep current in their specialty fields by engaging in
professional practice, participating in continuing education courses, reading in
the technical literature, and attending professional meetings and seminar.

3. Engineers shall avoid all conduct or practice that deceives the public.
a. Engineers shall avoid the use of statements containing a material
misrepresentation of fact or omitting a material fact.
b. Consistent with the foregoing, engineers may advertise for recruitment of
personnel.
c. Consistent with the foregoing, engineers may prepare articles for the lay or
technical press, but such articles shall not imply credit to the author for work
performed by others.

4. Engineers shall not disclose, without consent, confidential information

concerning the business affairs or technical processes of any present or
former client or employer, or public body on which they serve.
a. Engineers shall not, without the consent of all interested parties, promote
or arrange for new employment or practice in connection with a specific
project for which the engineer has gained particular and specialized
knowledge.
b. Engineers shall not, without the consent of all interested parties, participate
in or represent an adversary interest in connection with a specific project or
proceeding in which the engineer has gained particular specialized
knowledge on behalf of a former client or employer.
5. Engineers shall not be influenced in their professional duties by conflicting
interests.
a. Engineers shall not accept financial or other considerations, including free
engineering designs, from material or equipment suppliers for specifying their
product.
b. Engineers shall not accept commissions or allowances, directly or
indirectly, from contractors or other parties dealing with clients or employers
of the engineer in connection with work for which the engineer is responsible.

6. Engineers shall not attempt to obtain employment or advancement or

professional engagements by untruthfully criticizing other engineers, or by
other improper or questionable methods.
a. Engineers shall not request, propose, or accept a commission on a
contingent basis under circumstances in which their judgment may be
compromised.
b. Engineers in salaried positions shall accept part-time engineering work only
to the extent consistent with policies of the employer and in accordance with
ethical considerations.
c. Engineers shall not, without consent, use equipment, supplies, laboratory,
or office facilities of an employer to carry on outside private practice.

7. Engineers shall not attempt to injure, maliciously or falsely, directly or

indirectly, the professional reputation, prospects, practice, or employment of
other engineers. Engineers who believe others are guilty of unethical or illegal
practice shall present such information to the proper authority for action.
a. Engineers in private practice shall not review the work of another engineer
for the same client, except with the knowledge of such engineer, or unless the
connection of such engineer with the work has been terminated.
b. Engineers in governmental, industrial, or educational employ are entitled to
review and evaluate the work of other engineers when so required by their
employment duties.
c. Engineers in sales or industrial employ are entitled to make engineering
comparisons of represented products with products of other suppliers.

8. Engineers shall accept personal responsibility for their professional

activities, provided, however, that engineers may seek indemnification for
services arising out of their practice for other than gross negligence, where
the engineer’s interests cannot otherwise be protected.
a. Engineers shall conform with state registration laws in the practice of
engineering.
b. Engineers shall not use association with a nonengineer, a corporation, or
partnership as a “cloak” for unethical acts.
9. Engineers shall give credit for engineering work to those to whom credit is
due, and will recognize the proprietary interests of others.
a. Engineers shall, whenever possible, name the person or persons who may
be individually responsible for designs, inventions, writings, or other
accomplishments.
b. Engineers using designs supplied by a client recognize that the designs
remain the property of the client and may not be duplicated by the engineer
for others without express permission.
c. Engineers, before undertaking work for others in connection with which the
engineer may make improvements, plans, designs, inventions, or other
records that may justify copyrights or patents, should enter into a positive
agreement regarding ownership.
d. Engineers’ designs, data, records, and notes referring exclusively to an
employer’s work are the employer’s property. The employer should indemnify
the engineer for use of the information for any purpose other than the original
purpose.

Footnote 1 “Sustainable development” is the challenge of meeting human

needs for natural resources, industrial products, energy, food, transportation,
shelter, and effective waste management while conserving and protecting
environmental quality and the natural resource base essential for future
development. “By order of the United States District Court for the District of
Columbia, former Section 11(c) of the NSPE Code of Ethics prohibiting
competitive bidding, and all policy statements, opinions, rulings or other
guidelines interpreting its scope, have been rescinded as unlawfully
interfering with the legal right of engineers, protected under the antitrust laws,
to provide price information to prospective clients; accordingly, nothing
contained in the NSPE Code of Ethics, policy statements, opinions, rulings or
other guidelines prohibits the submission of price quotations or competitive
bids for engineering services at any time or in any amount.

” Statement by NSPE Executive Committee In order to correct

misunderstandings which have been indicated in some instances since the
issuance of the Supreme Court decision and the entry of the Final Judgment,
it is noted that in its decision of April 25, 1978, the Supreme Court of the
United States declared: “The Sherman Act does not require competitive
bidding.”

It is further noted that as made clear in the Supreme Court decision:

1. Engineers and firms may individually refuse to bid for engineering services.
2. Clients are not required to seek bids for engineering services.
3. Federal, state, and local laws governing procedures to procure engineering
services are not affected, and remain in full force and effect.
4. State societies and local chapters are free to actively and aggressively
seek legislation for professional selection and negotiation procedures by
public agencies.
5. State registration board rules of professional conduct, including rules
prohibiting competitive bidding for engineering services, are not affected and
remain in full force and effect. State registration boards with authority to adopt
rules of professional conduct may adopt rules governing procedures to obtain
engineering services.
6. As noted by the Supreme Court, “nothing in the judgment prevents NSPE
and its members from attempting to influence governmental action . . .”

Note: In regard to the question of application of the Code to corporations vis-

a-vis real persons, business form or type should not negate nor influence
conformance of individuals to the Code. The Code deals with professional
services, which services must be performed by real persons. Real persons in
turn establish and implement policies within business structures. The Code is
clearly written to apply to the Engineer, and it is incumbent on members of
NSPE to endeavor to live up to its provisions. This applies to all pertinent
sections of the Code.