NSPE Code of Ethics for Engineers
This information can be found from the National Society of Professional Engineer (NSPE) at http://www.nspe.org/ethics/eh1-code.asp
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.
II. Rules of Practice
1. 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 are 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.
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.
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.
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.
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 of intent to 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.
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.
2. Engineers shall at all times strive to serve the public
interest.
a. Engineers shall seek opportunities 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 shall endeavor to extend public knowledge and appreciation
of engineering and its achievements.
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. Employer should
indemnify the Engineer for use of the information for any purpose other than
the original purpose.
As Revised July 2002
"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
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-à-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 items incumbent on
members of NSPE to endeavor to live up to its provisions. This applies to all
pertinent sections of the Code.