While a code of ethics is an essential part of any profession’s efforts to assist practitioners in matters of ethics, it alone is generally not sufficient in providing precise guidance on specific questions that arise. Most, if not all, professions have some deliberative body that considers ethical questions. For example, most law and medical associations render opinions on ethics questions presented to them. The National Society of Professional Engineers’ (NSPE) Board of Ethical Review serves the same function. Since its founding, the NSPE Board of Ethical Review has composed nearly 400 formally published ethics opinions and thousands of informal opinions interpreting the NSPE Code of Ethics in cases involving actual situations that have been submitted by individual members, government officials, and members of the public.

History of the NSPE Board of Ethical Review

At the time the NSPE Code of Ethics was developed, there were continuous requests from individuals—as well as from state societies and local chapters—for interpretations of the code in specific circumstances. NSPE saw this need as an opportunity for service to the profession, and in 1954 created a Board of Ethical Review. Composed of seven individuals representing various areas of employment, and serving three-year terms, the board was not charged with evaluating specific violations, but with analyzing the ethics involved in actual circumstances and hypothetical situations. These decisions were published in order to achieve widespread dissemination of the board’s deliberations. For final review, the board’s decision was presented to the NSPE Board of Directors, which decided whether or not it would be published. In 1963, the governing bylaw was changed to give the Board of Ethical Review final authority on its decisions. Many of the decisions were not unanimous, and in each case a minority commentary was provided in addition to the majority view.

Board of Ethical Review cases are now available in eight published volumes. In addition, electronic versions of the cases are available on the NSPE website (www.nspe.org) and the website of the National Institute for Engineering Ethics (www.niee.org). Furthermore, an ethics search engine was recently established on the NSPE website to help users locate relevant ethics cases.

Recent opinions of the NSPE Board of Ethical Review

Over the past several years, the NSPE Board of Ethical Review has made decisions on numerous cases dealing with issues ranging from professional competency, duty to protect the public health and safety, obligations to employees and employers, signing and sealing drawings, and many other factual situations.

A good example of a recent case relates to the issue of the obligations between employees and employers in connection with employment. In this case, the board was faced with the question of whether an employment agreement prepared by an engineer who was hiring another engineer was ethical because it contained restrictive provisions that made it virtually impossible for the employee to be re-employed in the event he left the employer’s service. In another case, the board confronted a situation where an engineering firm principal denied the right of a licensed engineer to use the title "engineer" because the individual did not possess what the principal deemed was an appropriate engineering degree prior to becoming licensed. The board has also faced a situation involving an engineering expert who was retained by an attorney to serve as an expert for one party in litigation and then later sought to represent an adversary party in the same litigation.
While some of these issues are fairly straightforward and simple, other issues are more complex, requiring careful study and analysis.

Conclusion

The NSPE Board of Ethical Review—along with the society’s code of ethics—serves a critical role in leading the engineering profession in matters of ethics. This guidance is especially critical as engineers increasingly become subject to scrutiny by the public, media, government, and itself on moral and ethical questions.

Arthur E. Schwartz serves as a deputy executive director and general counsel for the National Society of Professional Engineers. He can be reached at 703-684-2845 or via e-mail at aschwartz@nspe.org. Visit www.nspe.org for more information on this or other ethical matters.