Professional Ethics Module 4 Notes

Module 4 [PROFESSIONAL ETHICS]
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A social experiment is an experiment with human subjects, which typically investigates effects
on groups of persons. As an experiment, a social experiment evaluates effects of treatments, such
as changes in a program or policy. For example, a study of influenza vaccination can evaluate the
antibody counts of individual subjects; a social experiment can evaluate the effect of the
vaccination on the health of family or friends. Social experiments have often been carried out
because they enable to observe humans interact in unusual social settings.
ENGINEERS AS RESPONSIBLE EXPERIMENTERS
The engineers have so many responsibilities for serving the society.
1. A primary duty is to protect the safety of human beings and respect their right of
consent. [A conscientious commitment to live by moral values].
2. Having a clear awareness of the experimental nature of any project, thoughtful
forecasting of its possible side effects, and an effort to monitor them reasonably. [A
comprehensive perspective or relative information].
3. Unrestricted free personal involvement in all the steps of a project. [Autonomy]
4. Being accountable for the results of a project [Accountability]
5. Exhibiting their technical competence and other characteristics of professionalism.
Conscientiousness
Conscientiousness implies consciousness (sense of awareness). As holding the
responsible profession with maintaining full range moral ethics and values which are relevant to
the situation. In order to understand the given situation, its implications, knowhow, person who
is involved or affected, Engineers should have open eyes, open ears and open mind.
The present working environment of engineers, narrow down their moral vision fully
with the obligations accompanied with the status of the employee. More number of
engineers are only salaried employees, so, they have to work within large bureaucracies under
great pressure to work smoothly within the company. They have to give importance only to the
obligations of their employers. Gradually, the small negative duties such as not altering data by
fraud, not violating patent right and not breaking confidentiality, may be viewed as the full
extent of moral desire.
As mentioned, engineering as social experimentation brings into light not only to the person
concerned but also to the public engineers as guardians of the public interest i.e., to safeguard the
welfare and safety of those affected by the engineering projects. This view helps to ensure that
this safety and welfare will not be affected by the search for new knowledge, the hurry to get
profits, a small and narrow follow up of rules or a concern over benefits for the many and
ignoring the harm to the few. The social experimentation that involved in engineering should be
restricted by the participants consent.

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Relevant Information
Without relevant factual information, conscientious is not possible. For showing
moral concern there should be an obligation to obtain and assess properly all the available
information related to the fulfillment of one‘s moral obligations. This can be explained as:
1) To understand and grasp the circumstance of a person‘s work, it is necessary to know about
how that work has a moral importance. For example, A person is trying to design a good heat
exchanger. There is nothing wrong in that. But at the same time, if he forgets the fact that the
heat exchanger will be used in the manufacture of an illegal product, then he is said to be
showing a lack of moral concern. So a person must be aware of the wider implication of his work
that makes participation in a project.
2) Blurring the circumstance of a person‘s work derived from his specialization and division of
labour is to put the responsibilities on someone else in the organization. For example if a
company produces items which are out of fashion or the items which promotes unnecessary
energy wastage, then it is easy to blame sales department. The above said means, neglecting the
importance of a person‘s works also makes it difficult in acquiring a full perspective along a
second feature of factual information i.e., consequence of what one does. So, while giving regard
to engineering as social experimentation, points out the importance of circumstances of a work
and also encourage the engineers to view his specialized activities in a project as a part of a large
social impact.
Moral Autonomy
This refers to the personal involvement in one‘s activities. People are morally autonomous only
when their moral conduct and principles of actions are their own i.e., genuine in one‘s
commitment to moral values.
Moral beliefs and attitudes must be integrated into an individual‘s personality which
leads to a committed action. They cannot be agreed formally and adhered to merely verbally.
So, the individual principles are not passively absorbed from others. When he is morally
autonomous and also his actions are not separated from himself. When engineering have seen as
a social experimentation, it helps to keep a sense of autonomous participation in a person‘s work.
An engineer, as an experimenter, is undergoing training which helps to form his identity as a
professional. It also results in unexpected consequence which helps to inspire a critical and
questioning attitudes about the current economic and safety standards. This also motivates a
greater sense of personal involvement in a person‘s work.
Accountability
The people those who feel their responsibility, always accept moral responsibilities

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for their actions. It is known as accountable. In short, ‗accountable‘ means being culpable and
hold responsible for faults. In general and to be proper, it means the general tendency of being
willing to consider one‘s actions to moral examinations and be open and respond to the
assessment of others. It comprises a desire to present morally convincing reasons for one‘s
conduct when called upon in specific circumstances.
The separation of causal influence and moral accountability is more common in all
business and professions and also in engineering. These differences arising from several features
of modern engineering practices are as follows:
1. Large – scale engineering projects always involve division of work. For each and
every piece of work, every person contributes a small portion of their work towards
the completion of the project. The final output us transmitted from one‘s immediate
work place to another causing a decrease in personal accountability.
2. Due to the fragmentation of work, the accountability will spread widely within an
organization. The personal accountability will spread over on the basis of hierarchies of
authority.
3. There is always a pressure to move on to a different project before finishing the
current one. This always leads to a sense of being accountable only for fulfilling the
schedules.
4. There is always a weaker pre-occupation with legalities. In other words this refers to a way a
moral involvement beyond the laid down institutional role. To conclude, engineers are being
always blamed for all the harmful side effects of their projects. Engineers cannot separate
themselves from personal responsibilities for their work.
CODES OF ETHICS
The codes of ethics have to be adopted by engineering societies as well as by
engineers. These codes exhibit the rights, duties, and obligations of the members of a profession.
Codes are the set of laws and standards.
A code of ethics provides a framework for ethical judgment for a professional. A code cannot be
said as totally comprehensive and cover all ethical situations that an engineer has to face. It
serves only as a starting point for ethical decision-making. A code expresses the circumstances to
ethical conduct shared by the members of a profession. It is also to be noted that ethical codes do
not establish the new ethical principles. They repeat only the principles and standards that are
already accepted as responsible engineering practice. A code defines the roles and
responsibilities of professionals.
Roles of codes and its functions

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1. Inspiration and Guidance
Codes give a convinced motivation for ethical conduct and provide a helpful
guidance for achieving the obligations of engineers in their work. Codes contribute mostly
general guidance as they have to be brief. Specific directions may also be given to apply the code
in morally good ways. The following engineering societies have published codes of ethics.
AAES - American Association of Engineering Societies
ABET - Accreditation Board for Engineering and Technology (USA)
NSPE - National Society of Professional Engineer (USA)
IEEE - Institute of Electrical and Electronics Engineering (USA)
AICTE - All India Council for Technical Education (India)
Most of the technological companies have established their own codes such as
pentagon (USA), Microsoft etc. These codes are very much helpful to strengthen the moral
issues on the work of an engineer.
2. Support
Codes always support an engineer who follows the ethical principles. Codes give engineers a
positive, a possible good support for standing on moral issues. Codes
also serve as a legal support for engineers.
3. Deterrence and Discipline
Codes act as a deterrent because they never encourage to act immorally. They also provide
discipline among the Engineers to act morally on the basis of codes does not overrule the rights
of those being investigated.
4. Education and Mutual Understanding
Codes have to be circulated and approved officially by the professionals, the public and
government organizations which concern with the moral responsibilities of engineers and
organizations.
5. Contributing to the profession’s Public Image
Codes help to create a good image to the public of an ethically committed profession. It helps the
engineers in an effective manner to serve the public. They also gives self-regulation for the
profession itself.
6. Protecting the Status Quo
Codes determine ethical conventions which help to create an agreed upon minimum level of
ethical conduct. But they can also suppress the disagreement within the profession.

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7. Promoting Business Interests
Codes help to improve the business interests. They help to moralize the business dealings to
benefit those within the profession.
Limitations of Codes
1. Codes are restricted to general and vague wordings. Due to this limitation they cannot be
applicable to all situations directly. It is also impossible to analyze fully and predict the full
range of moral problems that arises in a complex profession.
2. Engineering codes often have internal conflicts. So they can‘t give a solution or
method for resolving the conflict.
3. They cannot be treated as the final moral authority for any professional conduct.
Codes represent a compromise between differing judgments and also developed
among heated committee disagreements.
4. Only a few practicing engineers are the members of Professional Societies and so they cannot
be compelled to abide by their codes.
5. Many engineers who are the members of Professional Societies are not aware of the
existence of the codes of their societies and they never go through it.
6. Codes can be reproduced in a very rapid manner.
7. Codes are said to be coercive i.e., implemented by threat or force.
SAFETY & RISK
CASE STUDY: Space Shuttle Challenger Disaster
The world has known about many number of accidents. Among them the explosion of the space
shuttle ‗Challenger‘ is the very familiar one. In those days this case had been reviewed
vigorously by media coverage, government reports and transcripts of hearings. This case deals
with many ethical issues which engineers faced. It poses many questions before us.
What is the exact role of the engineer when safety issues are concern? Who should have the
ultimate authority for decision making to order for a launch? Whether the ordering of a launch be
an engineering or a managerial decision?
Challenger space shuttle was designed to be a reusable one. The shuttle mainly
consisted of an orbiter, two solid propellant boosters and a single liquid-propeller booster. All the
boosters was ignited and the orbiter was lifted out the earth. The solid rocket booster was of

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reusable type. The liquid propellant booster was used to finish the lifting of the shuttle in to the
orbit. This was only a part of the shuttle which has been reused.
The accident took place on 28th
January 1986, due to the failure of one of the solid
boosters. In the design of the space shuttle, the main parts which needed careful design of the
fields joints where the individual cylinders were placed together. The assembly mainly consists
of tang and clevis joints which are sealed by two O-rings made up of synthetic rubber only, not
specifically hat resistant. The function of the O-rings are to prevent the combustion gases of the
solid propellant from escaping. The O-rings were eroded by hot gases, but this was not a serious
problem, as the solid rocket boosters were only for reuse initially for the few minutes of the
flight. If the erosion of the O-rings could be in a controlled manner, and they would not
completely burnt through, then the design of the joint would be acceptable, however the design
of the O-rings in this shuttle was not so.
In the post flight experiment in 1985, the Thiokol engineers noticed black soot and
grease on the outside of the boosters due to leak of hot gases blown through the O-rings. This
raised a doubt on the resiliency of the materials used for the O-rings. Thiokol engineers
redesigned the rings with steel billets to withstand the hot gases. But unfortunately this new
design was not ready by that time of flight in 1986.
Before launching, it was necessary to discuss the political environment under which
NASA was operating at that time. Because the budget of NASA has decided by Congress. These
factors played the main cause for unavoidable delay in the decision to be taken for the shuttle
performance, the pressures placed for urgency in launching in 1986 itself, before the launch of
RUSSIAN probe to prove to the congress that the program was on processing. The launching
date had already been postponed for the availability of vice president GEORGE BUSH, the
space NASA supporter. Later further delayed due to a problem in micro switch in the hatch-
locking mechanism. The cold weather problem and long discussions went on among the
engineers. The number of tele-conferences further delayed the previous testing in 1985 itself.
The lowest temperature was 53oF but O-ring temperature during the proposed launch period
happened to be only 29 oF, which was far below the environment temperature at which NASA
had the previous trail. Somehow, the major factor that made the revised final decision was that
previous trial. Somehow, the major factor that made the revised final decision was that with the
available data at that time there seemed to be no correlation between the temperature and the
degree at which O-rings had eroded by the blow-by gas in the previous launch. Assuming a
safety concern due to cold weather, though the data were not concluded satisfactorily, a decision
was taken not to delay further for so many reasons, and the launch was finally recommended.
But unexpectedly the overnight temperature at the time of launch was 8 oF colder than ever
experienced. It was estimated that the temperature of the right hand booster would be only at

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28o
F. The camera noticed a puff of smoke coming out from the field joints as soon as the
boosters were ignited. But the O-rings were not positioned properly on their seats due to extreme
cold temperature. The putty used as heat resistant material was also too cold that it failed to
protect the O-rings. All these effects made the hot gases to burn past both the Orings, leading to a
blow-by over an arc around the O-rings. Though immediately further sealing was made by the
by-products of combustion in the rocket propulsion, a glassy oxide formed on the joints. The
oxides which were temporarily sealing the field joints at high temperature, later were shattered
by the stresses caused by the wind. Again the joints were opened and the hot gases escaped from
the solid boosters. But the boosters were attached to the large liquid fuel boosters as per the
design. This made the flames due to blow-by from the solid fuel boosters quickly to burn through
the external tank. This led to the ignition of the liquid propellant making the shuttle exploded.
Later the accident was reviewed and investigations were carried out by the number of
committees involved and by various government bodies. President Regan appointed a
commission called Rogers Commission which constituted many distinguished scientists and
engineers. The eminent scientists in the commission after thorough examination and
investigations gave a report on the flexibility of the material and proved that the resiliency of the
material was not sufficient and drastically reduced during the cold launch.
As the result of commission hearings, a lot of controversial arguments went on among the
Thiokol engineers. Thiokol and NASA investigated possible causes of the explosion.
Mr.Boisjoly, the main member in the investigation team, accused Thiokol and NASA of
intentionally downplaying the problems with the O-rings while looking for the other causes of
the accidents. The hot discussions hurted the feelings and status of the headed engineers like
Mr.Boisjoly, Mr.Curtis and Mr.Mellicam. Finally the management‘s atmosphere also became
intolerable. This event shows the responsibility, functions, morality, duties of the engineers
leading to ethical problems.
SAFETY AND RISK
Risk is a key element in any engineering design.
Concept of Safety:
A thing is safe if its risks are judged to be acceptable. Safety are tactily value judgments about
what is acceptable risk to a given person or group.
Safety is the state of being "safe" (from French sauf), the condition of being protected against
physical, social, spiritual, financial, political, emotional, occupational, psychological, educational
or other types or consequences of failure, damage, error, accidents, harm or any other event
which could be considered non-desirable. Safety can also be defined to be the control of
recognized hazards to achieve an acceptable level of risk. This can take the form of being

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protected from the event or from exposure to something that causes health or economical losses.
It can include protection of people or of possessions.
It is important to distinguish between products that meet standards, that are safe, and those that
merely feel safe. The highway safety community uses these terms:
Normative safety
Normative safety is achieved when a product or design meets applicable standards and practices
for design and construction or manufacture, regardless of the product's actual safety history.
Substantive safety
Substantive or objective safety occurs when the real-world safety history is favorable, whether or
not standards are met.
Perceived safety
Perceived or subjective safety refers to the users' level of comfort and perception of risk, without
consideration of standards or safety history. For example, traffic signals are perceived as safe,
yet under some circumstances, they can increase traffic crashes at an intersection.
Traffic roundabouts have a generally favorable safety record yet often make drivers nervous.
Low perceived safety can have costs. For example, after the 9/11/2001 attacks, many people
chose to drive rather than fly, despite the fact that, even counting terrorist attacks, flying is safer
than driving. Perceived risk discourages people from walking and bicycling for transportation,
enjoyment or exercise, even though the health benefits outweigh the risk of injury.
Safety measures
Safety measures are activities and precautions taken to improve safety, i.e. reduce risk related to
human health. Common safety measures include:
Chemical analysis
Destructive testing of samples
Drug testing of employees, etc.
Examination of activities by specialists to minimize physical stress or increase productivity
Geological surveys to determine whether land or water sources are polluted, how firm the
ground is at a potential building site, etc.
Government regulation so suppliers know what standards their product is expected to meet.
Industry regulation so suppliers know what level of quality is expected. Industry regulation
is often imposed to avoid potential government regulation.
Instruction manuals explaining how to use a product or perform an activity
Instructional videos demonstrating proper use of products

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Root cause analysis to identify causes of a system failure and correct deficiencies.
Internet safety or Online Safety is protection of the user's safety from cyber threats
or computer crime in general.
Periodic evaluations of employees, departments, etc.
Physical examinations to determine whether a person has a physical condition that would
create a problem.
Safety margins/Safety factors. For instance, a product rated to never be required to handle
more than 200 pounds might be designed to fail under at least 400 pounds, a safety factor of
two. Higher numbers are used in more sensitive applications such as medical or transit
safety.
Self-imposed regulation of various types.
Implementation of standard protocols and procedures so that activities are conducted in a
known way.
Statements of ethics by industry organizations or an individual company so its employees
know what is expected of them.
Stress testing subjects a person or product to stresses in excess of those the person or
product is designed to handle, to determining the "breaking point".
Training of employees, vendors, product users
Visual examination for dangerous situations such as emergency exits blocked because
they are being used as storage areas.
Visual examination for flaws such as cracks, peeling, loose connections.
X-ray analysis to see inside a sealed object such as a weld, a cement wall or an airplane outer
skin.
Risk is the potential of losing something of value, weighed against the potential to gain
something of value. Values (such asphysical health, social status, emotional well being or
financial wealth) can be gained or lost when taking risk resulting from a given action, activity
and/or inaction, foreseen or unforeseen. Risk can also be defined as the intentional interaction
withuncertainty. Risk perception is the subjective judgment people make about the severity of a
risk, and may vary person to person. Any human endeavor carries some risk, but some are much
riskier than others
Basic definitions
1. The probability of something happening multiplied by the resulting cost or benefit if it
does. (This concept is more properly known as the 'Expectation Value' and is used to
compare levels of risk)
2. The probability or threat of quantifiable damage, injury, liability, loss, or any other
negative occurrence that is caused by external or internal vulnerabilities, and that may be
avoided through preemptive action.

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3. Finance: The probability that an actual return on an investment will be lower than the
expected return. Financial risk can be divided into the following categories: Basic
risk, Capital risk, Country risk, Default risk, Delivery risk, Economic risk, Exchange rate
risk, Interest rate risk, Liquidity risk, Operations risk, Payment system risk, Political
risk,Refinancing risk, Reinvestment risk, Settlement risk, Sovereign risk,
and Underwriting risk.
4. Food industry: The possibility that due to a certain hazard in food there will be an
negative effect to a certain magnitude.
5. Insurance: A situation where the probability of a variable (such as burning down of a
building) is known but when a mode of occurrence or the actual value of the occurrence
(whether the fire will occur at a particular property) is not. A risk is not an uncertainty
(where neither the probability nor the mode of occurrence is known), a peril (cause of
loss), or a hazard (something that makes the occurrence of a peril more likely or more
severe).
6. Securities trading: The probability of a loss or drop in value. Trading risk is divided into
two general categories: (1)Systematic risk affects all securities in the same class and is
linked to the overall capital-market system and therefore cannot be eliminated by
diversification. Also called market risk. (2) Nonsystematic risk is any risk that isn't
market-related or is not systemic. Also called nonmarket risk, extra-market risk,
diversifiable risk, or unsystemic risk.
Workplace: Product of the consequence and probability of a hazardous event or phenomenon.
For example, the risk of developing cancer is estimated as the incremental probability of
developing cancer over a lifetime as a result of exposure to potential carcinogens (cancer-causing
substances).
Types of Risks:
Voluntary and Involuntary Risks
Short term and Long Term Consequences
Expected Portability
Reversible Effects
Threshold levels for Risk
Delayed and Immediate Risk
Voluntary risk is one in which the person knows the risk and is willing to take the risk based on
risk analysis. Eg- buying a house near chemical plant because of its cheap rate
Involuntary risk is one in which person is forced to take the risk even though he knows its
consequences. Eg- staying in the house near chemical plant because of money shortage

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If risk is having short term consequences one is ready to take the risk. This is primarily based
on the duration of consequence. Eg- simple fracture vs spinal fracture
Expected probability is one in which person might take the risk if it is having 1 in 1000 chacnes
of getting severe injury. It is unacceptable if there is 50-50 chance of getting injury. Eg-
swimming in a swimming pool vs swimming in sea where shark attack is frequent.
Some tasks will seem less risky if effects are ultimately reversible. Eg- reimbursement of funds
If there is a threshold level for the effects, generally there will be a greater tolerance for risk.
Eg- Frequency of exposure to nuclear radiation. Minor radiation is beneficial whereas high
radiation is fatal.
Activities may have delayed or immediate consequences. A person considers certain activity as
risk if it is having immediate consequences.
Risk is one of the most elaborate and extensive studies. The site is visited and
exhaustive discussions with site personnel are undertaken. The study usually covers risk
identification, risk analysis, risk assessment, risk rating, suggestions on risk control and risk
mitigation.
Interestingly, risk analysis can be expanded to full fledge risk management study. The risk
management study also includes residual risk transfer, risk financing etc.
Stepwise, Risk Analysis will include:
• Hazards identification
• Failure modes and frequencies evaluation from established sources and best practices.
• Selection of credible scenarios and risks.
• Fault and event trees for various scenarios.
• Consequences - effect calculations with work out from models.
• Individual and societal risks.
• ISO risk contours superimposed on layouts for various scenarios.
• Probability and frequency analysis.
• Established risk criteria of countries, bodies, standards.
• Comparison of risk against defined risk criteria.
• Identification of risk beyond the location boundary, if any.
• Risk mitigation measures.

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The steps followed are need based and all or some of these may be required from the above
depending upon the nature of site/plant.
Risk Analysis is undertaken after detailed site study and will reflect Chilworth
exposure to various situations. It may also include study on frequency analysis, consequences
analysis, risk acceptability analysis etc., if required. Probability and frequency analysis covers
failure modes and frequencies from established sources and best practices for various scenarios
and probability estimation.
Consequences analysis deals with selection of credible scenarios and consequences
effect calculation including worked out scenarios and using software package.
RISK BENEFIT ANALYSIS AND REDUCING RISK
Risk-benefit analysis is the comparison of the risk of a situation to its related benefits. For
research that involves more than minimal risk of harm to the subjects, the investigator must
assure that the amount of benefit clearly outweighs the amount of risk. Only if there is favorable
risk benefit ratio, a study may be considered ethical.
Evaluations of future risk:
• Real future risk as disclosed by the fully matured future circumstances when they
develop.
• Statistical risk, as determined by currently available data, as measured actuarially for
insurance premiums.
• Projected risk, as analytically based on system models structured from historical studies.
• Perceived risk, as intuitively seen by individuals.
• Air transportation as an example:
• Flight insurance company - statistical risk.
• Passenger - percieved risk.
• Federal Aviation Administration(FAA) - projected risks.
How to Reduce Risk?
1. 1.Define the Problem
2. 2.Generate Several Solutions
3. Analyse each solution to determine the pros and cons of each
4. Test the solutions
5. 5.Select the best solution
6. Implement the chosen solution
7. Analyse the risk in the chosen solution
8. Try to solve it. Or move to next solution.

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Risk-Benefit Analysis and Risk Management
Informative risk-benefit analysis and effective risk management are essential to the ultimate
commercial success of your product. We are a leader in developing statistically rigorous,
scientifically valid risk-benefit assessment studies that can be used to demonstrate the level of
risk patients and other decision makers are willing to accept to achieve the benefits provided by
your product.
Risk-Benefit
Modeling
Systematically quantify the relative importance of risks and benefits to demonstrate the net
benefits of treatment
Risk-Benefit
Tradeoffs
Quantify patients‘ maximum acceptable risk for specific therapeutic benefits
Confidentiality is an ethical principle associated with several professions (e.g., medicine, law,
religion, professional psychology, and journalism). In ethics, and (in some places) in law and
alternative forms of legal dispute resolution such as mediation, some types of communication
between a person and one of these professionals are "privileged" and may not be discussed or
divulged to third parties. In those jurisdictions in which the law makes provision for such
confidentiality, there are usually penalties for its violation.
Confidentiality has also been defined by the International Organization for
Standardization (ISO) in ISO-17799 [1] as "ensuring that information is accessible only to those
authorized to have access" and is one of the cornerstones of information security. Confidentiality
is one of the design goals for many cryptosystems, made possible in practice by the techniques of
modern cryptography.
Confidentiality of information, enforced in an adaptation of the military's classic "need to know"
principle, forms the cornerstone of information security in today's corporations. The so called
'confidentiality bubble' restricts information flows, with both positive and negative
consequences.
Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about
their cases. This way, lawyers will be able to carry out their duty to provide clients with zealous
representation. Otherwise, the opposing side may be able to surprise the lawyer in court with
something which he did not know about his client, which makes both lawyer and client look
stupid. Also, a distrustful client might hide a relevant fact which he thinks is incriminating, but

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which a skilled lawyer could turn to the client's advantage (for example, by raising affirmative
defenses like self-defense).
However, most jurisdictions have exceptions for situations where the lawyer has reason to
believe that the client may kill or seriously injure someone, may cause substantial injury to the
financial interest or property of another, or is using (or seeking to use) the lawyer's services to
perpetrate a crime or fraud.
In such situations the lawyer has the discretion, but not the obligation, to disclose
information designed to prevent the planned action. Most states have a version of this
discretionary disclosure rule under Rules of Professional Conduct, Rule 1.6 (or its equivalent).
A few jurisdictions have made this traditionally discretionary duty mandatory. For
example, see the New Jersey and Virginia Rules of Professional Conduct, Rule 1.6.
In some jurisdictions the lawyer must try to convince the client to conform his or her conduct to
the boundaries of the law before disclosing any otherwise confidential information.
Note that these exceptions generally do not cover crimes that have already occurred, even in
extreme cases where murderers have confessed the location of missing bodies to their lawyers
but the police are still looking for those bodies. The U.S. Supreme Court and many state supreme
courts have affirmed the right of a lawyer to withhold information in such situations. Otherwise,
it would be impossible for any criminal defendant to obtain a zealous defense. California is
famous for having one of the strongest duties of confidentiality in the world; its lawyers must
protect client confidences at "every peril to himself or herself." Until an amendment in 2004,
California lawyers were not even permitted to disclose that a client was about to commit murder.
Recent legislation in the UK curtails the confidentiality professionals like lawyers and
accountants can maintain at the expense of the state. Accountants, for example, are required to
disclose to the state any suspicions of fraudulent accounting and, even, the legitimate use of tax
saving schemes if those schemes are not already known to the tax authorities.
Terms associated with confidentiality
Privileged information
This Information is available on the basis of special privilege. It includes informantion that has
not yet become public. Eg- Only the inspector knows the design detail of nuclear reactor for
security reasons
Proprietary information
Information by company & refers to new knowledge established within an organisation

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Trade secrets
It is protected by employees and ordinary law. Employees who reveal the information to others
can be punished by law if proven.
Knowledge Gained confidentiality
Scientific experiments have been conducted to acquire new knowledge. Whereas
engineering projects are conducted as experiments not for getting new knowledge. Suppose the
outcomes of the experiment is best, it tells us nothing new, but merely affirms that we are right
about something. Mean while, the unexpected outcomes put us search for new knowledge.
As we do experiments, project for our employer, we get familiar with new technology and
process. Whenever we are jumping from one organisation to another we should never carry
confidential information of our previous organisation to the new organisation. But we could
make use of our gained knowledge and experience.
INTELLECTUAL PROPERTY RIGHTS (IPR)
Intellectual property (IP) is a term referring to a number of distinct types of creations of the
mind for which property rights are recognized—and the corresponding fields of law. Under
intellectual property law, owners are granted certain exclusive rights to a variety of intangible
assets, such as musical, literary, and artistic works; discoveries and inventions; and words,
phrases, symbols, and designs. Common types of intellectual property include copyrights,
trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
Intellectual Property Rights are legal rights, which result from intellectual
activity in industrial, scientific, literary & artistic fields. These rights Safeguard
creators and other producers of intellectual goods & services by granting them certain time-
limited rights to control their use. Protected IP rights like other property can be a matter of trade,
which can be owned, sold or bought. These are intangible and non exhausted consumption.
There is also criticism because strict intellectual property rights can inhibit the
flow of innovations to poor nations. Developing countries have benefitted from the spread of
developed country technologies, such as the internet, mobile phone, vaccines, and high-yielding
grains. Many intellectual property rights, such as patent laws, arguably go too far in protecting
those who produce innovations at the expense of those who use them.
The Commitment to Development Index measures donor government policies and ranks them on
the "friendliness" of their intellectual property rights to the developing world. Some libertarian
critics of intellectual property have argued that allowing property rights in ideas and information

Page 16
creates artificial scarcity and infringes on the right to own tangible property. Stephan Kinsella
uses the following scenario to argue this point:
Other criticism of intellectual property law concerns the tendency of the protections of
intellectual property to expand, both in duration and in scope. The trend has been toward longer
copyright protection[19] (raising fears that it may some day be eternal). In addition, the
developers and controllers of items of intellectual property have sought to bring more items
under the protection. Patents have been granted for living organisms,[24] and colors have been
trademarked. Because they are systems of government-granted monopolies copyrights, patents,
and trademarks are called intellectual monopoly privileges, (IMP) a topic on which several
academics, including Birgitte Andersen and Thomas Alured Faunce have written.
Intellectual property (IP) refers to the ownership of an idea or design by the person who came
up with it. It is a term used in propertylaw. It gives a person certain exclusive rights to a distinct
type of creative design, meaning that nobody else can copy or reuse that creation without the
owner's permission. It can be applied to musical, literary and artistic works, discoveries
and inventions. Common types of intellectual property rights
include copyrights, trademarks, patents, industrial design rights and trade secrets.
Intellectual property rights- is a legal concept that confers rights to owners and creators of the
work, for their intellectual creativity. Such rights can be granted for areas related to literature,
music, invention etc, which are used in the business practices. In general, the intellectual
property law offers exclusionary rights to the creator or inventor against any misappropriation or
use of work without his/her prior knowledge. Intellectual property law establishes an equilibrium
by granting rights for limited duration of time.
Every nation has framed their own intellectual property laws. But on international level it is
governed by the World Intellectual Property Organization (WIPO). The Paris Convention for the
Protection of Industrial Property in 1883 and the 'Berne Convention for the Protection of Literary
and Artistic Works' in 1886 were first conventions which have recognized the importance of
safeguarding intellectual property. Both the treaties are under the direct administration of the
WIPO. The WIPO convention lays down following list of the activities or work which are
covered by the intellectual property rights –
Industrial designs
Scientific discoveries
Protection against unfair competition
Literary, artistic and scientific works
Inventions in all fields of human endeavor
Performances of performing artists, phonograms and broadcasts

Page 17
Trademarks, service marks and commercial names and designations
All other rights resulting from intellectual activity in the industrial, scientific, literary or
artistic fields.
Types of Intellectual Property Rights
Intellectual Property Rights signifies to the bundle of exclusionary rights which can be further
categorized into the following heads-
Patents.
Trademarks.
Copyrights and related rights.
Geographical Indications.
Industrial Designs.
Trade Secrets.
Layout Design for Integrated Circuits.
Protection of New Plant Variety.
Copyright
Copyright is a legal term describing rights given to creators for their literary
and artistic works. The kinds of works covered by copyright include: literary works
such as novels, poems, plays, reference works, newspapers and computer programs; databases;
films, musical compositions, and choreography; artistic works such as paintings, drawings,
photographs and sculpture; architecture; and advertisements, maps and technical drawings.
Copyright subsists in a work by virtue of creation; hence it‘s not mandatory to register. However,
registering a copyright provides evidence that copyright subsists in the work & creator is the
owner of the work.
Creators often sell the rights to their works to individuals or companies best
able to market the works in return for payment. These payments are often made
dependent on the actual use of the work, and are then referred to as royalties. These economic
rights have a time limit, (other than photographs) is for life of author plus sixty years after
creator‘s death.
Copyright, one of the form of intellectual property right, offers exclusive rights for
protecting the authorship of original & creative work like dramatic, musical and literary in
nature. Symbolized as "©",
Patent

Page 18
A patent is an exclusive right granted for an invention, which is a product or a process that
provides a new way of doing something, or offers a new technical solution to a problem. It
provides protection for the invention to the owner of the patent. The protection is granted for a
limited period, i.e 20 years. Patent protection means that the invention cannot be commercially
made, used, distributed or sold without the patent owner's consent. A patent owner has the right
to decide who may - or may not - use the patented invention for the period in which the invention
is protected. The patent owner may give permission to, or license, other parties to use the
invention on mutually agreed terms. The owner may also sell the right to the invention to
someone else, who will then become the new owner of the patent.
Once a patent expires, the protection ends, and an invention enters the public domain, that is, the
owner no longer holds exclusive rights to the invention, which becomes available to commercial
exploitation by others.
All patent owners are obliged, in return for patent protection, to publicly disclose information on
their invention in order to enrich the total body of technical knowledge in the world. Such an
ever-increasing body of public knowledge promotes further creativity and innovation in others.
In this way, patents provide not only protection for the owner but valuable information and
inspiration for future generations of researchers and inventors.
Utility Patents
Utility patents are the most common type of patent. They are issued for new and useful
processes, machines, manufactured articles, or chemical compositions.
Utility patents are issued for 20 years.
Most U.S. Patents are utility patents. Generally 90% of the patents issued are utility
patents.
Utility patents are used to protect the way an item is used and the way it works. Design
patents are used to protect the onamental apearance of an article, i.e. how it looks. An
item may receive both a utility and a design patent.
The four requirements for a utility patent are:
1. The invention must fall within one of the statutory classes
2. The invention must be useful.
3. The invention must be novel.
4. The invention must be nonobvious.
Utility patents are granted for inventions that can be described or categorized as:
-Machines (i.e. a device that accomplished a specific task -e.g. an engine)

Page 19
-Articles of Manufacture (i.e. a single object without movable parts or equivalent -e.g. chair,
pencil)
-Processes (i.e. a method of accomplishing a result through a series of steps involving physical or
chemical interactions).
-Compositions (i.e. a combination of chemical or other materials).
-New Uses of machines, articles of manufacture, processes, or compositions.
Design Patent
The Sony PlayStation Design Patent
This is the design patent for the original Sony PlayStation, a key stone in the history of console
video games. The design features a simple rectangular shape with disc compartment, two circular
buttons, and two outlets for controllers. Released in 1994, the Sony PlayStation was rivaled only
by the Nintendo 64 and the Sega Saturn. In 2005, the PlayStation became the first video game
console to sell 100 million, selling a total of 102.49 million.
Plant Patent
A plant patent is a patent issued for newly invented strains of asexually reproducing plants.
Tuber propagated plants or wild uncultivated plants may not be patented. Not all countries allow
plant patents. The USPTO provides for the granting of a patent to anyone who has invented or

Page 20
discovered and asexually reproduced any distinct and new variety of plant, including cultivated
sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a
plant found in an uncultivated state.
What is a plant patent?
A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns)
who has invented or discovered and asexually reproduced a distinct and new variety of plant,
other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which
lasts for 20 years from the date of filing the application, protects the inventor's right to exclude
others from asexually reproducing, selling, or using the plant so reproduced. This protection is
limited to a plant in its ordinary meaning:
A living plant organism which expresses a set of characteristics determined by its single,
genetic makeup or genotype, which can be duplicated through asexual reproduction, but
which can not otherwise be "made" or "manufactured."
Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants
may be spontaneous or induced. Hybrids may be natural, from a planned breeding
program, or somatic in source. While natural plant mutants might have naturally
occurred, they must have been discovered in a cultivated area.
Algae and macro fungi are regarded as plants, but bacteria are not.
What types of inventions can be patented?
The U.S. Patent and Trademark Office (USPTO) issues three different kinds of patents: utility
patents, design patents, and plant patents. To qualify for a utility patent -- by far the most
common type of patent - an invention must be:
a process or method for producing a useful, concrete, and tangible result (such as a
genetic engineering procedure, an investment strategy, computer software, or a process
for conducting e-commerce on the Internet)
a machine (usually something with moving parts or circuitry, such as a cigarette lighter, a
sewage treatment system, a laser, or a photocopier)
an article of manufacture (such as an eraser, a tire, a transistor, or a hand tool)
a composition of matter (such as a chemical composition, a drug, a soap, or a genetically
altered life form), or
An improvement of an invention that fits within one of the first four categories.
If an invention fits into one of the categories described above, it is known as "statutory subject
matter" and has passed the first test in qualifying for a patent. But an inventor's creation must

Page 21
overcome several additional hurdles before the USPTO will issue a patent. The invention must
also:
have some usefulness (utility), no matter how trivial
be novel (that is, it must be different from all previous inventions in some important way)
be nonobvious (a surprising and significant development) to somebody who understands
the technical field of the invention.
For design patents, the law requires that the design be novel, nonobvious, and nonfunctional. For
example, a new shape for a car fender, a bottle, or a flashlight that doesn't improve its
functionality would qualify.
Finally, plants may qualify for a patent if they are both novel and nonobvious. Plant patents are
issued less frequently than any other type of patent.
The following items are just some of the things that might qualify for patent protection:
biological inventions business methods
carpet designs chemical formulas or processes
clothing accessories and designs computer hardware and peripherals
computer software containers
cosmetics decorative hardware
e-commerce techniques electrical inventions
electronic circuits fabrics and fabric designs
food inventions furniture design
games (board, box, and instructions) housewares
Internet innovations jewelry
laser light shows machines
magic tricks or techniques mechanical inventions
medical accessories and devices medicines
musical instruments odors
plants recreational gear
sporting goods (designs and equipment)
Protection of New Plant Variety:
The objective of this act is to recognize the role of farmers as cultivators and conservers and the
contribution of traditional, rural and tribal communities to the country‘s agro biodiversity by

Page 22
rewarding them for their contribution and to stimulate investment for R & D for the development
new plant varieties to facilitate the growth of the seed industry.
The Plant Variety Protection and Farmers Rights act 2001 was enacted in India to protect the
New Plant Variety; the act has come into force on 30.10.2005 through Authority. Initially 12
crop species have been identified for regt. i.e. Rice, Wheat, Maize, Sorghum, Pearl millet,
Chickpea, Green gram, Black gram, Lentil, Kidney bean etc. India has opted for sui- generic
system instead of patents for protecting new plant variety. Department Agriculture and
Cooperation is the administrative ministry looking after its registration and other matters.
Trademark
A trademark is a distinctive sign that identifies certain goods or services as those produced or
provided by a specific person or enterprise. It may be one or a combination of words, letters, and
numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape
and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used
as distinguishing features.
It provides protection to the owner of the mark by ensuring the exclusive right to use it to
identify goods or services, or to authorize another to use it in return for payment. It helps
consumers identify and purchase a product or service because its nature and quality, indicated by
its unique trademark, meets their needs. Registration of trademark is prima facie proof of its
ownership giving statutory right to the proprietor. Trademark rights may be held in perpetuity.
The initial term of registration is for 10 years; thereafter it may be renewed from time to time.
The trademark or trade mark, symbolized as the â„¢ and ®, is the distinctive sign or indication
which is used for signifying some kind of goods or/and services and is distinctively used across
the business.
Trade Secrets
It may be confidential business information that provides an enterprise a competitive edge may
be considered a trade secret. Usually these are manufacturing or industrial secrets and
commercial secrets. These include sales methods, distribution methods, consumer profiles,
advertising strategies, lists of suppliers and clients, and manufacturing processes. Contrary to
patents, trade secrets are protected without registration.
A trade secret can be protected for an unlimited period of time but a substantial element of
secrecy must exist, so that, except by the use of improper means, there would be difficulty in
acquiring the information. Considering the vast availability of traditional knowledge in the
country the protection under this will be very crucial in reaping benefits from such type of

Page 23
knowledge. The Trades secret, traditional knowledge are also interlinked / associated with the
geographical indications.
Trade secret points towards a formula, pattern, any instrument, design which is kept confidential
and through which any business or trade can edge over its rival and can enjoy economic gain.
Layout Design for Integrated Circuits:
Semiconductor Integrated Circuit means a product having transistors and other circuitry
elements, which are inseparably formed on a semiconductor material or an insulating material or
inside the semiconductor material and designed to perform an electronic circuitry function.
The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide
protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit
Layout Designs and for matters connected therewith or incidental thereto. The main focus of
SICLD Act is to provide for routes and mechanism for protection of IPR in Chip Layout Designs
created and matters related to it. The SICLD Act empowers the registered proprietor of the
layout-design an inherent right to use the layout-design, commercially exploit it and obtain relief
in respect of any infringement. The initial term of registration is for 10 years; thereafter it may be
renewed from time to time. Department of Information Technology Ministry of Communications
and Information Technology is the administrative ministry looking after its registration and other
matters.
Geographical Indication
GI are signs used on goods that have a specific geographical origin and
possess qualities or a reputation that are due to that place of origin. Agricultural
products typically have qualities that derive from their place of production and are
influenced by specific local factors, such as climate and soil. They may also highlight specific
qualities of a product, which are due to human factors that can be found in the place of origin of
the products, such as specific manufacturing skills and traditions.
A geographical indication points to a specific place or region of production
that determines the characteristic qualities of the product that originates therein. It is important
that the product derives its qualities and reputation from that place. Place of origin may be a
village or town, a region or a country.
It is an exclusive right given to a particular community hence the benefits of
its registration are shared by the all members of the community. Recently the GIs of goods like
Chanderi Sarees, Kullu Shawls, Wet Grinders etc have been registered. Keeping in view the
large diversity of traditional products spread all over the country, the registration under GI will
be very important in future growth of the tribes / communities / skilled artisans associated in
developing such products.

Page 24
Geographical Indication (GI) signifies to the name or sign, used in reference to the
products which are corresponding to the particular geographical area or somewhat related to the
origin like town, region or nation.
Industrial Design Rights
Industrial designs refer to creative activity, which result in the ornamental or
formal appearance of a product, and design right refers to a novel or original design
that is accorded to the proprietor of a validly registered design. Industrial designs are an element
of intellectual property. Under the TRIPS Agreement, minimum standards of protection of
industrial designs have been provided for. As a developing country, India has already amended
its national legislation to provide for these minimal standards.
The essential purpose of design law it to promote and protect the design
element of industrial production. It is also intended to promote innovative activity in the field of
industries. The existing legislation on industrial designs in India is
contained in the New Designs Act, 2000 and this Act will serve its purpose well in
the rapid changes in technology and international developments. India has also
achieved a mature status in the field of industrial designs and in view of globalization of the
economy, the present legislation is aligned with the changed technical and commercial scenario
and made to conform to international trends in design administration.
This replacement Act is also aimed to enact a more detailed classification of
design to conform to the international system and to take care of the proliferation of design
related activities in various fields.
Industrial design rights are defined as the part of the intellectual property rights which confers
the rights of exclusivity to the visual designs of objects which are generally not popular
utilitarian.
Advantages of Intellectual Property Rights
Intellectual property rights help in providing exclusive rights to creator or inventor, thereby
induces them to distribute and share information and data instead of keeping it confidential. It
provides legal protection and offers them incentive of their work. Rights granted under the
intellectual property act helps in socio and economic development.
Intellectual Property Rights in India
India has defined the establishment of statutory, administrative and judicial framework for
protecting the intellectual property rights in the Indian territory, whether they connotes with the
copyright, patent, trademark, industrial designs or with other parts.

Page 25
Tuning with the changing industrial world, the intellectual property rights have continued to
strengthen its position in the India. In 1999, the government has passed the important legislation
in relation to the protection of intellectual property rights on the terms of the worldwide practices
and in accordance to the India's obligations under the Trade Related Aspects of Intellectual
Property Rights. It consists of –
The Patents(Amendment) Act, 1999 which was passed on 10th March, 1999 in the Indian
Parliament for amending the Patents Act of 1970 which in turns facilitate to establish the
mail box system for filing patents and accords with the exclusive marketing rights for the
time period of 5 years.
The Trade Marks Bill, 1999 was passed in the India parliament during the winter session
for replacing the Trade and Merchandise Marks Act, 1958. It was passed on 23rd
December, 1999.
The Copyright(Amendment) Act, 1999 was passed by both upper house and lower house
of the Indian parliament and was later on signed by the Indian president on 30th
December, 1999.
The sui generis legislation was approved by both houses of the Indian parliament on 23rd
December, 1999 and was named as the Geographical Indications of Goods (Registration
& Protection) Bill, 1999
.
The Industrial Designs Bill, 1999 was passed in the Upper House of the Indian
parliament for replacing the Designs Act, 1911.
The Patents (Second Amendment) Bill, 1999 was introduced in the upper house of the
parliament for further amending the Patents Act 1970 and making it compliance with the
TRIPS.
Along with the above legislative measures, the Indian government has introduced several
changes for streamlining and bolstering the intellectual property administration system in the
nation. Several projects concerning to the modernizing of the patent information services and
trademark registry have been undergone with the help of the World Intellectual Property
Organization/ United Nations Development Programme.
Employee rights

Page 26
These are the rights which refers to the status of being an employee. These rights may include
some of the rights such as right to disobey unethical instructions. It also include basic human
rights which are reasonable to employment situation.
It can be categorised as contractual and non-contractual rights.
a) Contractual right- arise solely out of an employee contract created by organisational policies
or contracts. For example, right to receive a salary of certain amount.
b) Non-contractual rights- exist even if not formally recognised in a contract or company
policy, such as
• Right to choose outside activities
• Right to privacy and employer confidentiality
• Right to due process from employer
• Right to non-discrimination and absence of sexual harassment at the workplace
Some of the rights include
1. Right to receive a certain amount of salary
2. Right to receive benefits from company sucha as periodic increments, profits etc
3. Right to employer confidentiality
4. Right to choose outside activities
5. Right to due process from employer
6. Right to non discrimination and absence of sexual harassment at work place
7. Right to strike and lockouts
8. Right to compensation
9. Right to medical benefits
10. Right to maternity benefit
11. Right to retirement benefits
Right to choose outside activities
Right to pursue non work activities of their own choice without coercion or compulsion
from employers
Limits employees right to engage in outside activities. Eg- outside activities lead to
violence or conflicts of interest.
Right to due process
Right to fair procedure in firing, demotion, taking disciplinary actions
Written explanation should be given to employees in case of demotion, discharge or
punishments.
An appeal procedure should be established and must be available for all employees who
believe their rights are violated.

Page 27
Right to Strikes and lockouts
Workers have the right to strike, even without notice unless it involves a public utility service;
employers have the right to declare lockout, subject to the same conditions as a strike.
Right to compensation
The Workmen‘s Compensation Act 1923 is one of the earliest pieces of labour legislation. It
covers all cases of ‗accident arising out of and in the course of employment‘ and the rate of
compensation to be paid in a lump sum, is determined by a schedule proportionate to the extent
of injury and the loss of earning capacity. The younger the worker and the higher the wage, the
greater is the compensation subject to a limit. The injured person, or in case of death the
dependent, can claim the compensation. This law applies to the unorganised sectors and to those
in the organised sectors who are not covered by the Employees State Insurance Scheme, which is
conceptually considered to be superior to the Workmen‘s Compensation Act.
Right to medical benefits
The Employees‘ State Insurance Act, 1948 provides a scheme under which the employer and the
employee must contribute a certain percentage of the monthly wage to the Insurance Corporation
that runs dispensaries and hospitals in working class localities. It facilitates both outpatient and
in-patient care and freely dispenses medicines and covers hospitalization needs and costs. Leave
certificates for health reasons are forwarded to the employer who is obliged to honour them.
Employment injury, including occupational disease is compensated according to a schedule of
rates proportionate to the extent of injury and loss of earning capacity.
Right to maternity benefit
The Maternity Benefit Act is applicable to notified establishments. Its coverage can therefore
extend to the unorganised sector also, though in practice it is rare. A woman employee is entitled
to 90 days of paid leave on delivery or on miscarriage.
Right to retirement benefits
There are two types of retirement benefits generally available to workers. One is under the
Payment of Gratuity Act,1972 and the other is under the Employees Provident Fund Act. In the
first case a worker who has put in not less than five years of work is entitled to a lump sum
payment equal to 15 days‘ wages for every completed year of service. Every month the employer
is expected to contribute the required money into a separate fund to enable this payment on
retirement or termination of employment. In the latter scheme both the employee and the
employer make an equal contribution into a national fund. The current rate of contribution is 12
percent of the wage including a small percentage towards family pension. This contribution also

Page 28
attracts an interest, currently 9.5 percent per annum, and the accumulated amount is paid on
retirement to the employee along with the interest that has accrued. The employee is allowed to
draw many types of loan from the fund such as for house construction, marriage of children, and
education etc.
RIGHTS OF ENGINEERS
“The engineer’s problem has centered on a conflict between professional independence
and bureaucratic loyalty, rather than between workmanlike and predatory instincts.”
Edwin T. Layton, Jr.
Professional Rights
Engineers have several types of moral right, which fall into sometimes over lapping categories of
human, employee, contractual, and professional right.
As human beings, engineers have fundamental right to live and freely pursue their legitimate
personal interests.
In particular , they have a human right to pursue their work and not to be unfairly discriminated
against in employment on the basis of sex, race, or age.
Engineers as professionals also have special rights arise from their professional role. Those
include:
• Basic right of professional conscience (right to exercise professional judgement in
pursuing professional obligations)
• Right to refuse to engage in unethical activity
• Right to express one‘s professional judgement, including right to dissent
• Right to warn the public of dangers
• Right to fair recognition and remuneration for professional services
Professional and employee rights can be justified by reference to ethical theories.
1. A rights theory would derive the right of professional conscience from a fundamental human
right to pursue legitimate interests, where such interests include moral obligations.
2. A duty theory might appeal to the fundamental human duty employers have not to harm others
(e.g., the public) by handicapping engineers seeking to meet their professional obligations.

Page 29
3. A utilitarian theory would argue that the greatest good is promoted by allowing engineers to
pursue their obligations.
In general, the importance of professional duties means that the importance of the right to meet
those duties must be recognised.
Whistle-blowing occurs when an employee or former employee convey information about a
significant moral problem outside approved organisational channels (or against strong pressure)
to someone in a position to take action on the problem.
There are four main features of whistle-blowing that characterise the cases of interest:
1. Act of disclosure: Information is intentionally conveyed outside approved organisational
channels or in situations where the person conveying it is under pressure from supervisors or
others not to do so.
2. Topic: The information concerns what the person believes is a significant moral problem for
the organisation - e.g. criminal behaviour, unethical policies or practices, injustices to workers
within the organisation, and serious threats to public safety and well-being.
3. Agent: The person disclosing the information is an employee or former employee (or someone
closely associated with the organisation).
Recipient: The information is conveyed to a person or organisation in a position to act on the
problem. The ―action‖ may consist in remedying or merely protesting the problem, and the
recipient may in fact decide not to act on the information received.
External whistle-blowing occurs when the information is passed outside the organisation.
Internal whistle-blowing occurs when the information is conveyed to someone within the
organisation.
In open whistle-blowing individuals openly reveal their identity as they convey the information
and anonymous whistle-blowing, by contrast, involves concealing one‘s identity. Partly open and
partly anonymous are when individuals acknowledge their identities to a journalist but insist
their name be withheld from public.
Moral Guidelines of Whistle-Blowing
Under what conditions are engineers justified in whistle-blowing? When are moral permitted and
when they are morally obligated, to do so? According to Dr Richard De George, whistle-blowing
concerning safety is morally permissible when 3 conditions are met:

Page 30
1. If the harm that will be done by the product to the public is serious and considerable;
2. If they make their concern known to their superior; and
3. If getting no satisfaction from their immediate superior, they exhaust the channels available
within the corporation, including going to the board of directors.
It is morally obligatory if:
4. He/she have the documented evidence that would convince a reasonable, impartial observer
that his/her view of the situation is correct and the company policy is wrong
5. There must be strong evidence that making the information public will in fact prevent the
threatened serious harm.
Both employee rights and professional rights must be subordinate in some respects to the rights
of employers to promote company interests. For example, the right to privacy is limited by
employers‘ need to acquire relevant information about employee skills. But not just any
company interest can override employee rights. This is especially clear in the right not to be
discriminated against because of sex, race, age, or religion.
Discrimination
Contemporary disagreements over how to deal with discrimination centre on the issue of
preferential treatment. Weak preferential treatment involves giving an advantage to members of
traditionally discriminated-against groups over qualified applicants who are members of other
groups. Strong preferential treatment involves giving preference to minority applicants or
women over better-qualified applicants from other groups.
Sexual Harassment
The term ’sexual harassment’ is currently applied into a wide variety of sexually oriented acts
and practices that may involve physical and psychological attacks, coercion, abuse of authority
and variety of unwanted provocations.
Occupational crimes
Occupational crime is crime that is committed through opportunity created in the course of
legal occupation. Thefts of company property, vandalism, the misuse of information and many
other activities come under the rubric of occupational crime.The concept of occupational crime -
as one of the principal forms of white collar crime - has been quite familiar. In the interest of
greater conceptual clarity within the field of white collar crime the argument is made here for

Page 31
restricting the term 'occupational crime' to illegal and unethical activities committed for
individual financial gain - or to avoid financial loss - in the context of a legitimate occupation.
The term 'occupational deviance' is better reserved for deviation from occupational norms (e.g.
drinking on the job; sexual harassment), and the term 'workplace crime' is better reserved for
conventional forms of crime committed in the workplace (e.g. rape; assault).
1. Crimes committed by persons on an individual basis, e.g., income-tax evasion, bankruptcy
frauds, credit purchases or taking loans with no intention to pay, and insurance fraud.
2. Crimes committed in the course of occupations by those operating in business, government, or
other establishments, in violation of their duty of loyalty to the employer or client; e.g., bribery,
kickbacks, embezzlement, and pilfering.
3. Crimes incidental to and in furtherance of business operations but not central to business
purposes; e.g., food and drug violations, misrepresentation in advertising, and prescription fraud.
4. Crime as a business or as the central activity of a business; e.g., medical fraud schemes, lottery
fraud schemes, mutual fund fraud schemes, land and real estate frauds, charity and religious
frauds and music pirating.
On the basis of the nature of victim involved, offenders are classified into 5 groups:
(i) Persons acting as individuals against other individuals (e.g., fraudulent lawyers, doctors),
(ii) Those committing crimes against business concerns that employ them (embezzlers),
(iii) Those in policy-making positions who commit crimes for their organizations (anti-trust
violators),
(iv) Agents of an organisation who victimize the general public (advertising fraud), and
(v) Merchants victimizing their customers (short-weighing). This method (of classifying
occupational offenders on the basis of the nature of the victim involved) is simple. The victim
could be employer, employee, public concern, government organisation, and so forth.
Some of the examples for occupational crime include
1. Employee theft- where employees are involved in illegal insider trading, stealing property
from employer etc
2. Industrial espionage- Spying on competitors to gain competitive advantage, use of spies
to get secret information
3. Price fixing- unlawful agreement between dealers or manufacturer to set and maintain
specified prices on typically competitive products

Page 32
4. Assault, harassment- includes sexual harassment, verbal harassment etc

Professional Ethics Module 4 Notes

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