Legal and Ethical Issues in Engineering Design

S. Laguette ME 153 Spring 2010 May 17, 2010

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Legal and Ethical Issues in Engineering Design

Why Study Engineering Ethics Product Liability Defining Engineering Ethics Moral Dilemmas Codes of Ethics Solving Ethical Conflicts

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Why Study Engineering Ethics

Engineering and morality is complex Ethical reasoning may have grave consequences Improve our ability to deal with moral complexity in engineering Reason more clearly vs. establishing any particular beliefs
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Why Study Engineering Ethics

Our goal is to establish a moral autonomy

Self-determining Independent

Improve various practical skills

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Why Study Engineering Ethics

Proficiency in recognizing moral problems and issues in engineering Skills in comprehending, clarifying, and critically assessing arguments on opposing sides of moral issues The ability to form consistent and comprehensive viewpoints based on consideration of relevant facts Imaginative awareness of alternate responses to the issues and receptivity to creative solutions for practical difficulties
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Why Study Engineering Ethics

Increased precision in the use of a common ethical language Sensitivity to genuine difficulties and subtleties An awakened sense of the importance of integrating ones professional life and personal convictions Enriched appreciation of rational dialogue and the need for tolerance of differences

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Why Study Engineering Ethics

Typically Engineering Ethics is addressed by discussion of case studies or examples

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Why Study Engineering Ethics

Typical ethical situations would be: Signing and approving drawings Approval of parts Design activities End product use

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Shunt Siphoning

When the patient is reclined, the valve is allowed to react to the IVP at the inlet due to the absence of distal catheter pressure. When upright, gravity acts on the fluid filled distal catheter creating a siphon effect.

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De lta c ha mbe r: Ove r dra ina ge prote c tion

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Product Liability

Product liability refers to the legal action by which an injured party seeks to recover damages from personal injury or property loss from the producer or seller of product. In product liability law, the seller is liable for negligence in the manufacture or sale of any product that may reasonably be expected to be capable of inflicting substantial harm if it is defective.
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Product Liability
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Negligence in Design is usually based on one of three factors: That the manufacturers design has created a concealed danger. That the manufacturer has failed to provide needed safety devices as part of the design of the product. That the design called for materials of inadequate strength or failed to comply with accepted standards.
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Product Liability
The following aspects of the Design Process should be emphasized to minimize product liability: 1. Strict adherence to industry or government standards 2. Testing and design modified to remove potential cause of failure. 3. Emphasis on Quality Engineering. 4. Warn users of any hazards of foreseeable misuses

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Product Liability
5. Documentation of the design, testing and quality activities 6. Design of warning labels and user instruction manuals 7. Create a means of incorporating legal developments into the design decision process 8. Formal design review before the product is released for Production

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Defining Engineering Ethics

Engineering Ethics is the study of the moral values, issues, and decisions involved in engineering practice. What are moral values? What is morality?

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Moral Dilemmas

Moral reasons are many and varied, and they frequently come into conflict, creating moral dilemmas. Moral dilemmas are situations in which two or more moral obligations come into conflict.

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Moral Dilemmas
Steps in Confronting Moral Dilemmas 1. Identify the relevant moral factors and reasons. 2. Gather all available facts 3. Rank the moral considerations 4. Consider alternative courses of action 5. Seek alternative perspectives from colleagues 6. Arrive at a carefully reasoned judgment weighing all relevant moral factors

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Codes of Ethics
The American Society of Mechanical Engineers THE FUNDAMENTAL PRINCIPLES Engineers uphold and advance the integrity, honor, and dignity of the Engineering profession by: 1. using their knowledge and skill for the enhancement of human welfare; 2. being honest and impartial, and serving with fidelity the public, their employers and clients, and 3. striving to increase the competence and prestige of the engineering profession.

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Codes of Ethics
THE FUNDAMENTAL CANONS Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties. Engineers shall perform services only in the areas of their competence. Engineers shall continue their professional development throughout their careers and shall provide opportunities for the professional development of those engineers under their supervision.

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Codes of Ethics

Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest. Engineers shall build their professional reputations on the merit of their services and shall not compete unfairly with others. Engineers shall associate only with reputable persons or organizations. Engineers shall issue public statements only in an objective and truthful manner.
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Solving Ethical Conflicts

You will more than likely face at least one ethical dilemma over the duration of your career. How you handle the ethical conflict may define or significantly impact your career. Ethical decision making is not easy.

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Solving Ethical Conflicts

Seek to resolve your moral dilemmas Seek resolution within the organization Seeking resolution outside of your organization is usually called whistleblowing.

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References
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Schinzinger, R. and Martin, M. Introduction to Engineering Ethics. McGraw-Hill, San Francisco, 2000 Code of Ethics of Engineers from The American Society of Mechanical Engineers (ASME)

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