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Ethics: Managing Liability
Requires Making the 'Right' Decisions
In today's environment, business or otherwise, issues
surrounding ethical practices often are front-page news.
When the end result becomes more important than the
means, ethics can be compromised. Maintaining high ethical
standards, particularly in a bottom-line-driven business
world, is an ongoing challenge. Doing so, however, can
be a valuable strategy for managing your company's liability
or your own professional liability and credibility.
An Ethical Dilemma
Take the example of a structural engineer, Ms. Adams,
who was hired to conduct a structural survey of a historic
seven-story granite-faced building that is being sold
by the client, Mr. Smith. The attorney representing
the buyers, a Mr. Goldsworthy, has requested a structural
survey of specific building elements including outdated
window casements. Ms. Adams is hired by Mr. Smith to
conduct the survey, and the project contract includes
a clause that information discovered by the engineer
shall become the property of the client and shall not
be released to others without the client’s express
written consent. In the process of inspecting the building
the window casements appeared to be in good condition,
but Ms. Adams decided to dismantle three units at random
for a better determination. After dismantling the first
casement, Ms. Adams used a flashlight to look into the
wall cavity to see how the windows were attached. A
steel strap for anchoring the windows was clearly visible
in the uncovered space.
As she was about to replace the dismantled window unit,
Ms. Adams noticed the three-inch exterior granite veneer
was attached to the building by clip angles welded to
the steel building frame, typical of an early example
of stone-cladding on steel-frame construction. She noticed
the clip angle within reach appeared to be rusted. When
she touched the clip angle, it broke off in her hand
with little pressure. Looking closer, it appeared the
clip was rusted through the entire cross section.
Immediately, the implication of her discovery dawned
on her: If this condition is typical throughout the
building, the cost of repairs could approach the value
of the building itself. She glanced down to the street
level and busy sidewalk below, and involuntarily shuddered,
imagining the potential damage and injury that could
result if one or more of the granite veneer blocks became
dislodged and fell. Realizing that this rusted clip
angle may be an isolated situation, she dismantled the
other two window units and found the same condition.
Based on these findings, it appeared that the exterior
granite veneer blocks were merely stacked on each other
with little attachment to the building frame.
Ms. Adams immediately called Mr. Smith to inform him
of what she found. He told her that he appreciated her
concern, but the purchase deal is too far along to do
anything about it. Since the buyers and their representative
have had access to the building for several months,
they could have investigated and determined the condition
of the granite cladding themselves. In fact, they may
already know about it and have accounted for it in their
financial offer of purchase. If not, it will turn up
on one of the required periodic building checks in the
future, if it is really a substantial problem. In addition,
he says that the deal is now ready to close the following
afternoon, and her cooperation in seeing things his
way will result in additional work on other projects
in the future. He also reminded her that inspection
of the granite clips was not part of the scope of work.
What, though, are the risks to the engineer and the
firm? The decision not to include information about
the granite clips has the obvious ethical implications,
as well as possible financial consequences. While Mr.
Smith has been informed of the situation, it does not
appear he wishes to inform Mr. Goldsworthy. Ms. Adams
knew the report was going to be used by Mr. Goldsworthy
as part of his decision process for purchasing the building.
Therefore, they are a foreseeable third party, and Ms.
Adams owes a duty of care to Mr. Goldsworthy. But beyond
that, there is the potential threat to public safety.
If in fact the cladding is no longer firmly attached
to the building, there is the potential for portions
of the cladding to fall from the building onto the sidewalk
below presenting a hazard to the general public. In
the end, it means that sometime in the future, this
engineering firm and this individual engineer's professional
liability could be called into question for failure
to warn of potential problems.
Ethics And Effective Risk Management
Making inadequate decisions, skimping on professional
standards, looking the other way, "fudging"
or inaccurately reporting test results -- all these
actions put companies and even individual careers in
jeopardy. Unethical practices leave companies vulnerable
to severe losses, including the loss of valued clients
or damage to a company's reputation. Or, in many cases,
financial losses occur from defending claims filed against
a company or individual.
Effective risk management, especially for professional
design firms, relies heavily on not compromising ethics.
This requires always making the "right" decisions
or providing good advice or direction for clients.
In developing comprehensive risk management procedures
within a company, it is important for firms to give
employees adequate tools and education to assist in
making "good" decisions that can, in turn,
be "good" for business. Educating professionals
on the importance of ethical decision making is extremely
important in managing a company's liabilities and potential
losses as well as an individual's professional liability
and integrity. Many firms are including business ethics
education as part of the overall professional development
training and risk management programs.
Tools To Assist With Making Decisions
Likewise, many educational institutions and professional
organizations are looking at specific ethical dilemmas
that affect individual professions, and are devising
aids or guides to provide help in an individual's thought
process. For instance, to assist in the day-to-day decisions
that face design professionals, the Professional Engineering
Practice Liaison Program at the University of Washington,
Seattle, directed by Dr. Ronald E. Bucknam, offers tools
to help individuals in the decision-making process.
To arrive at the most ethical decision, the program
advises a series of actions for individuals, such as:
- Define the ethical problem when it arises.
- Formulate alternative solutions. Avoid "first
impulse" solutions without thinking of the implications
down the line.
- Evaluate the alternatives. Are they ethical? Who
benefits? How would you feel if the roles or circumstances
were reversed?
- Seek additional assistance. Look to previous cases,
the experiences of peers or even personal experience.
- Choose the best ethical alternative. That means,
choose the one that does the most good for all the
right reasons.
- Implement the best alternative. No initiative leads
to no results.
- Monitor and assess the outcome. Commit to continuous
improvement. Always look at how your decision-making
process can be improved the next time.
Resources on ethical engineering practices, like the
Professional Engineering Practice Liaison Program, are
abundant, especially on the Internet. An excellent source
to help promote the importance of professional ethical
standards in the industry is the Applied Ethics in Professional
Practice Internet Program, also established by Dr. Bucknam.
The Internet program was designed to help members of
the industry derive practical solutions to ethical problems
they may encounter in their daily work environment.
The site provides visitors with "real life"
ethical situations to stimulate discussion of ethical
issues.
The bottom line is, if the "means" is a commitment
to continuously making the right decisions, achieving
more effective risk management will most certainly be
the end result.
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