ENS 406 Quiz 1

Casuistry - Definition

Examine real life past cases, ex. Karma

Ethics - Definition

Study of right, wrong, good, evil, rights and justice

What are the four main ethical theories?

Utilitarianism, Duty Ethics, Rights Ethics, Virtue Ethics

Logic - Definition

Study of rules and reasoning

Epistemology - Definition

Study of knowledge

Metaphysics - Definition

Study of existence, appearance and reality

Subjective and cultural relativism - Definition

Subjective: each person decides what is right/wrong, cultural: a society decides what is right/wrong

Divine Command Theory - Definition

Good actions are what God commands/wills people to do

Utilitarianism - Definition

Cost-benefit analysis, risk benefit analysis. Maximum benefit for the most people possible (# of people, intensity, duration, etc)

Duty Ethics (Kantianism) - Definition

Actions are guided by moral laws, universal rules should be followed (don’t lie, cheat, steal, etc). Do your duty even if short term results are unpleasant

Rights Ethics - Definition

Individuals are entitled to rights (life, liberty, happiness, dignity). Don’t infringe on another person’s rights

Virtue Ethics - Definition

Concerned with what type of person we should be, golden mean between two extremes (optimization function), from Aristotle

What are the four virtues in virtue ethics?

Prudence, temperance (restraint), fortitude, justice (most important)

What makes a profession?

Impact the public, require professional judgement, formal education, allowed to self-regulate (professional association) and are beneficial to the public

Example: Waste water treatment plant

Two junior, ESL and likely unvaccinated workers sent to sewage pond

Why do Professional have a Code of Ethics?

Rationale to help resolve dilemmas, encourage practitioners to forgo acting in their self-interest (vs. public interest)

Privilege - Definition

Privilege can be granted, changed, taken away. Professional Governance Act 2021, replaced Engineer/Geoscientist act 1996. BC College of Teachers dissolved due to collusion with union

Example : Save-On Foods Collapse 1988

Owner requested parking be added to roof of building, but construction was fast tracked and there was confusion about design. Roof collapsed, 21 people sent to hospital. Cause: beam did not have bracing to support weight above. Four engineers found guilty of incompetence, negligence and misconduct.

Example : Mount Polley Dam Failure 2014

Dam breached and heavy metals related into lake, water restrictions and local communities affected. Junior engineer didn’t have proper supervision, no geotechnical review. Three engineers charge with negligence and fined.

What is the Professional Governance Act (PGA)?

PGA made by BC government. Governs: Applied Scientists BC, BC Forest Professionals, BC Agrologists, College of Applied Biologists and EGBC. EGBC enforces the PGA and establishes standards for members to practice.

To call yourself an engineer…

Register in every province you intend to practice, cannot call yourself an engineer unless you have P.Eng

#1: Act in Public Interest

Hold paramount safety, health and welfare of public and environment. Overrides all other obligations and principles

#2 : Know your limits

Be honest about limitations, only perform duties you know how to do. When you are willing to take responsibility is when you can consider yourself competent in a field

#3: Follow the law

Bylaws, regulations, building codes, etc

#4 : Follow Standards of EGBC and government

EGBC standards, policies, plans, standard practices

#5 : Maintain your competence

Stay informed, continual education program, contribution to professional growth of trainees

#6 State Qualifications Accurately

Don’t make up or exaggerate to get work, don’t overstate qualifications

#7 : Distinguish Facts from assumptions/opinions

Facts must be supported by data/sources. Casual advice to others—>add a disclaimer or don’t give it

#8 : No conflicts of interest

Avoid situations that will affect your judgment. Loyal to employer/client. Disclose any real of perceived conflicts. If you’re not comfortable telling your boss or rationalizing it, it’s probably a conflict of interest. Conflicts can be real, perceived or occur in the future. Declare up front and excuse yourself if needed.

#9 : Duty to Report

Report to EGBC if someone poses harm to the environment or health/safety of public or something is illegal/unethical. Better to handle internally first, whistleblow is last resort. Must report even if moved on from position.

#10 : Stand your ground

Communicate risks/consequences to the audience/client. Do not hide facts/findings. Ensure your message is received and keep written documentation.

#11: Each Professional is Responsible

Give credit to others, seek permission to use other’s work. Don’t claim credit for work you didn’t do. Do not authenticate work you didn’t review or supervise

#12 : Work diligently

Review documents, projects. Keep up to date documents. Keep documents retrievable for 10 years in BC

#13 : Do unto others

Be honest, fair and professional. Be mindful of social media and email usage. This tenant generates the most complaints.

Example: Dyck Memorial Bridge 2018 SK

Structural engineer worked for consulting firm, geological survey recommended but city skips it. Bridge collapsed quickly (designed for 75 years). Piles failed due to soil conditions. He repeated this for 5 other bridges.

Example : Lana Nguyen /University of Regina

Faked credentials to get job at university

Tort Law - Definition

Law for civil wrong that causes injury, harm or loss to someone else, resulting in legal liability. Ancient form of law

Tortfeasor - Definition

Responsible party liable for harm caused

What is the purpose of tort law?

Broadly applicable, deters harmful conduct, standard of conduct, access to remedies for injured party (compensatory, punitive, equitable remedies)

What are the 3 categories of torts?

Intentional (battery/assault), negligence, strict liability (ultra hazardous situations, no intent needed)

Negligence - Definition and Criteria

Omission to do something a reasonable person would do

1. Duty of care owed?

2. Breach of standard of care?

3. Was breach the cause of harm?

4. Was the harm a foreseeable consequence of the breach?

Vicarious Liability - Definition and Criteria

Employee commits a wrongful act in the course of employment, injured party can sue both the employee and employer for damages

1. Employee/employer relationship?

2. Wrongful act?

3. Ordinary course of employment?

Negligent Misrepresentation - Definition and Criteria

Occurs when a false statement is made carelessly or without reasonable grounds, leading to another party to rely on that false statement and suffer a loss

1. Is there an untrue statement?
2. Was it made negligently?

3. Special relationship/duty of care between plaintiff and defendant?

4. Reliance by plaintiff on negligent statement?

Example: Edgeworth Construction

Received drawings from Ministry of Highways that was wrong and led to them having to spend a lot of extra money. @ Supreme Court of Canada, they were able to prove special relationship

What are the three components that make up the Psyche?

The mind, the emotions, the will

Example: Citicorp Case

Failure to Citicorp tower was discovered after a year, repairs were done quietly/secretly/no press, but lead engineer made everything right and paid for it all for client.

Example: Dow Corning Breast Implants

Breast implants ruptured and caused health problems in the 60s. They had an idea the silicone was dangerous, as it was dangerous in rats, but they didn’t publish the study. Kept selling implants until FDA removed in the 90s

Intention - Definition

What an action is trying to achieve