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CE 456 Professional practice

1. Introduction
Welcome to a challenging, creative, and rewarding career. Engineering is highly
respected technical profession that protect our safety, generate prosperity, and
enrich our lives. The creativity of engineers is all around us: in the graceful structure
of bridges; in the speed and accuracy of digital devices; in the rapidly advancing
technology of new automobiles; and in the wealth that flows from manufacturing. For
example, reliable electricity, a secure supply of natural gas, safe vehicles and aircraft,
and a dependable supply of pure tap water. Their expertise, efforts, and teamwork
are essential to making earth a great place to live.

2. The Challenge of the 21st Century


Today’s engineers have knowledge and capabilities that previous generations could
barely imagine. Every professional office now has computer hardware and software
for analysis, design, and visualization. The tools to get the job done are also more
powerful and versatile than ever before: giant excavators and cranes, numerically
controlled machine tools, satellite positioning and instant wireless communication,
and so forth. However, the current generation will face some serious challenges:
climate change may make life more difficult and expensive for all of us. Fortunately,
engineers have the technical expertise to overcome these challenges. We must
discover efficient methods to use resources, reduce waste, and avoid needless
consumption. For example, we must improve the efficiency of transportation, building
insulation, and the transmission of electricity over long distances. Improving energy
efficiency and reducing waste may, however, also require lifestyle changes, and these
may be the toughest obstacles. The changing global economy, volatile commodity
prices, and challenges and opportunities for engineers to creatively address societies’
needs.

3. Engineering education
As a profession, engineering requires knowledge that could be acquired through
formal education in an accredited program. Accreditation in education, is a system by
which an academic program or university is measured against specified criteria, which,
if it is found to meet or exceed, becomes accredited. Accreditation is assurance that a
college or university program meets the quality standards established by the
profession for which it prepares its students. For example, an accredited engineering
program must meet the quality standards set by the engineering profession. ABET
(Accreditation Board for Engineering and Technology) is the most famous
accreditation system for engineering and technology. ABET at a glance:
• Non-profit, non-governmental organization.
• Originally founded in 1932 as the Engineers’ Council for Professional
Development (ECPD).
• In 1980, became the Accreditation Board for Engineering and Technology.
• Recognized by the Council for Higher Education Accreditation (CHEA).
1
• Applied science, computing, engineering, and engineering technology.
• 4,674 programs at 920 colleges and universities in 42 countries.
ABET civil engineering criteria
The curriculum must include:
a. Application of:
i. mathematics through differential equations, probability and statistics,
calculus-based physics, chemistry, and either computer science, data science,
or an additional area of basic science
ii. engineering mechanics, materials science, and numerical methods relevant
to civil engineering
iii. principles of sustainability, risk, resilience, diversity, equity, and inclusion to
civil engineering problems
iv. the engineering design process in at least two civil engineering contexts
v. an engineering code of ethics to ethical dilemmas
b. Solution of complex engineering problems in at least four specialty areas
appropriate to civil engineering
c. Conduct of experiments in at least two civil engineering contexts and reporting of
results
d. Explanation of:
i. concepts and principles in project management and engineering economics
ii. professional attitudes and responsibilities of a civil engineer, including
licensure and safety

Students’ Outcomes:

The program must have documented student outcomes that support the program
educational objectives. Attainment of these outcomes prepares graduates to enter
the professional practice of engineering. Student outcomes are outcomes (1) through
(7), plus any additional outcomes that may be articulated by the program.

1. an ability to identify, formulate, and solve complex engineering problems by


applying principles of engineering, science, and mathematics.
2. an ability to apply engineering design to produce solutions that meet
specified needs with consideration of public health, safety, and welfare, as
well as global, cultural, social, environmental, and economic factors.
3. an ability to communicate effectively with a range of audiences.
4. an ability to recognize ethical and professional responsibilities in engineering
situations and make informed judgments, which must consider the impact of
engineering solutions in global, economic, environmental, and societal
contexts.
5. an ability to function effectively on a team whose members together provide
leadership, create a collaborative and inclusive environment, establish goals,
plan tasks, and meet objectives.
6. an ability to develop and conduct appropriate experimentation, analyze and
interpret data, and use engineering judgment to draw conclusions.
7. an ability to acquire and apply new knowledge as needed, using appropriate
learning strategies.

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Civil Engineering Body of knowledge - third edition (BOK3E) (ASCE 2019)

The civil engineering body of knowledge focuses on preparing the future civil engineer
for entry into the practice of civil engineering at the professional level. The Civil
Engineering Body of Knowledge (CEBOK) is described by 21 outcomes in four
categories as shown in the following table and figure.

Each of the 21 outcomes is described by an outcome, which includes the level of


achievement required for entry into the practice of civil engineering at the
professional level. The CEBOK continues to recognize engineering as a profession of
practice; as such, the preparation of a civil engineer requires both formal education
and mentored experience. The Civil Engineering Body of Knowledge also recognized
that individual civil engineers are also responsible for their own development and
established self-development as a new component to fulfilling the CEBOK. Therefore,
the CEBOK3E defines the typical pathway for fulfilling the level of achievement using
four components: undergraduate education, postgraduate education, mentored
experience, and self-development.

3
For the CEBOK3, the four components of the typical pathways are defined as follows:

• Undergraduate education (UG): undergraduate education leading to a


bachelor’s degree in civil engineering or a closely related engineering
discipline, in general, from a four-year program accredited by the Engineering
Accreditation Commission of ABET.
• Postgraduate education (PG): postgraduate education equivalent to or leading
to a master’s degree in civil engineering or a closely related engineering
discipline, in general, equivalent to 1 year of full-time study.
• Mentored experience (ME): early career experience under the mentorship of
a civil engineer practicing at the professional level, which progresses in both
complexity and level of responsibility.
• Self-developed (SD): individual self-development through formal or informal
activities and personal observation and reflection.
For detailed level of achievement required in each one of the 21 outcomes, one should
refer to the CEBOK3E.

4. Overview of engineering
Engineers are problem solvers. Engineering involves the design, manufacturing, and
installation of manmade solutions that rely on the application of engineering and
scientific principles over which the engineer has almost complete control.

The Technical Team


Today’s complex projects need specialized skills and knowledge, so most engineers
work in technical teams. Engineers must work effectively with other team members.
Respect for each team member’s expertise is essential for a productive work
environment. The full technical spectrum includes research scientists, engineers,
architects, urban planners, chemists, biologists, healthcare professionals,
technologists, technicians, and skilled workers, etc.., some of which are described in
the next few paragraphs.

• Research scientist: Scientists develop ideas that expand the frontiers of


knowledge—ideas that may not have practical applications for many years. A
scientist is rarely required to supervise other technical personnel except
research assistants and usually is a member of several learned societies in his
or her field of interest. Generally, the task of the research scientist is to
generate new knowledge, whereas the task of the engineer is to apply that
knowledge.
• Engineer: Engineers are mainly concerned with the practical application of
science. They link theory to practice, so design is a key area of employment—
that is, creating plans for devices, systems, and structures for human use.
Many engineers are also involved in construction, testing, and manufacturing.
In these activities, engineers make many decisions that affect life, health,
property, or the welfare of the public, so they must be licensed in order to
practise.

4
• Architect: Architects are mainly concerned with the planning, aesthetic design,
and construction management of buildings, including residences, offices, and
institutional and industrial buildings. Architects, and engineers often work
together since each has a specialty that may apply to such buildings. For
example, an architect may conduct the aesthetic design and layout plan for a
large building; and may engage professional engineers to design the structural,
heating, ventilation, and air conditioning systems. Architects also make
decisions that affect life, health, property, or the welfare of the public, so they
must be licensed in order to practise.
• Technologist: Technologists work closely with engineers and often perform
key tasks, such as design, testing, computing, solving problems, supervising,
and project management, under the direction of a licensed practitioner. The
basic education needed is a diploma from a technology program at a college,
technical college. Many technologists, however, have a bachelor’s degree
(usually in science, mathematics, or technology). Technologists often supervise
the work of others.
• Technician: Technicians usually work under the supervision of engineers or
technologists in the practical aspects of engineering tests or equipment
maintenance. The basic educational requirement is usually a diploma from a
college. Certification is voluntary and is not essential to work as a technician.
• Skilled worker (craftsman): Typically, skilled workers apply highly developed
manual skills to carry out the designs and plans of others. The quality of a
worker’s apprenticeship is more important than the worker’s formal
education. Each type of trade worker (e.g., electrician, plumber, carpenter,
welder, pattern maker, brick and stone mason, machinist) comes under a
different certification procedure, which varies from country to country.

Engineer vs Scientist

Scientist
• Ask WHY? And proceed to research the answer.
• Investigate phenomena.
• Builds to learn.
• Discover the worlds that exist.

Engineer
• Ask HOW? And proceed to solve the problem.
• Create solutions to problems.
• Learns to build.
• Create the world that never exist.

Engineer – different perspectives


NSPE: Professional practitioner of engineering, concerned with applying scientific
knowledge, mathematics and ingenuity to develop solutions for technical problems.
Engineers design materials, structures, machines and systems while considering the

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limitations imposed by practicality, safety and cost and create the world that never
exist
ASCE Policy Statement 433: The American Society of Civil Engineers (ASCE) believes that
the following standards are the only basis on which any title or designation should include the
term ‘‘engineer.’’

• Graduation of an accredited engineering program with a degree in


engineering.
• Registration as a professional engineer or engineer –in-training under a state
engineering registration law, or
• An official ruling designating an individual or a group in an engineering capacity
as meeting the definition of ‘‘Professional Engineer’’ (P.E.).

Functions of the engineer


• Research and Development R&D.
• Design.
• Production and testing.
• Construction.
• Operation and maintenance.
• Sales
• Management.
• Consulting.
• Teaching.

Engineering Disciplines
• Aerospace Engineering.
• Chemical Engineering.
• Civil Engineering.
• Computer Engineering.
• Electrical Engineering.
• Environmental Engineering.
• Industrial Engineering.
• Mechanical Engineering.
• Petroleum Engineering.
• Etc….

5. Civil Engineering
Civil Engineering as a profession goes back to the late 18th and early 19th centuries.
During this period, certain military engineers began to work on nonmilitary, or civil
projects. The term Civil Engineer was adopted to emphasize this difference.

ASCE Vision for Civil Engineering in 2025


Entrusted by society to create a sustainable world and enhance the global quality of
life, civil engineers serve competently, collaboratively, and ethically as master:

6
• Planners, designers, constructors, and operators of society’s economic and
social engine, the built environment.
• Stewards of the natural environment and its resources.
• innovators and integrators of ideas and technology across the public, private,
and academic sectors.
• Managers of risk and uncertainty caused by natural events, accidents, and
other threats; and
• Leaders in discussions and decisions shaping public environmental and
infrastructure policy.

Civil Engineering Careers


• Structural engineering.
• Environmental engineering.
• Water resources engineering.
• Geotechnical engineering.
• Construction engineering and management.
• Transportation engineering.
• Coastal engineering.
• Land surveying.
• Municipal or urban engineering.

Civil Engineering Technical Societies


• British Institution of Civil Engineers ICE 1818.
• American Society of Civil Engineers ASCE 1852.
• Institution of Civil Engineers India ICEI 1860.
• Canadian Society of Civil Engineers CSCE 1887.
• Spanish Association of Civil Engineers AICCP 1903.
• South African Institution of Civil Engineers SAICE 1903.
• Japan Society of Civil Engineers JSCE 1914.
• Chinese Institute of Civil Engineers CICE 1936.

Introduction to Case Histories


As Engineers, we can be proud of many spectacular engineering achievements all over
the world. We tend to take success for granted when well-designed structures and
devices work properly. In contrast, when a structure or project fails, we ask why it
happened and how similar failures can be avoided. When a failure involves injury or
death, an investigation panel should study the failure impartially and publicly. As a
result, we often learn more from failures than from successes, although at great cost.
Remember that failure itself is not proof of unethical or incompetent practice. Many
projects push the limits of knowledge. New projects always involve risk, and even
determined, ethical professionals cannot guarantee success every time.
The case histories in this course typically involve negligence, incompetence, conflict of
interest, or corrupt practices. Many cases had tragic results, but they are presented
here to help avoid similar tragedies in future.

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Case History 1
The Quebec Bridge Collapse
This case history describes the negligence that led to the collapse of the
Quebec Bridge in 1907. This case is important because the huge death toll from this
accident prompted the creation of laws for the professional licensing of engineers in
Canada.

The Quebec Bridge, which had its official opening in 1919, is the longest
cantilever span in the world, with a centre-distance between supports of 549 m. The
Quebec Bridge is, however, infamous for the many lives lost in the harrowing
accidents that occurred during its construction. Construction on the Quebec Bridge,
10 kilometres above Quebec City, officially began in 1900. On 29 August 1907, when
the bridge was nearly finished, the southern cantilever span twisted and fell 46 metres
into the St. Lawrence River. Seventy-five workmen were killed in Canada’s worst
bridge disaster. An inquiry established that the accident had been caused by faulty
design and inadequate engineering supervision. Work on a new bridge began in 1913,
but on 11 September 1916 tragedy struck again when a new centre span fell into the
river as it was being hoisted into position, killing 13 men. The bridge was completed
in 1917.
Within hours of the accident, a Royal Commission was established to
determine the cause. The Commission’s report identified several serious deficiencies
in the bridge’s design and in the construction. Specifically, the design loads were
underestimated, and the engineers failed to investigate even when the bent members
showed that very high compressive stresses existed. The stresses were originally
calculated by Szlapka using an estimate of the total dead weight of the bridge—an
estimate made by Cooper at the start of the design process; however, as the detail
design progressed and as the precise shapes of the members were determined, the
dead weight changed. The stresses should have been recalculated using more
accurate estimates of the dead weight. They were not. It is especially noteworthy that
the bridge span had originally been specified as 488 m, but Cooper later
recommended moving the supporting piers, which increased the span to 549 m. When
the bridge’s span was increased, the dead weight increased significantly, yet this
increase was not included in the calculations. Other human failures also contributed
to the collapse and addressing them might have prevented the tragedy or lessened its

8
consequences. Because of advancing age and declining health, Cooper had been
unable to visit the construction site during the two final years of construction.
Furthermore, Szlapka criticized Cooper for making the bottom chords curved “for
artistic reasons” and for failing to visit the Phoenixville plant where the bridge parts
were being fabricated. Cooper’s distance from the construction site and his inability
to travel created a communication problem that played a critical role. In a project of
this magnitude, it is unimaginable that the key consulting engineer would neglect to
ever visit the construction site—especially when that engineer has ultimate technical
authority of the sort that Cooper wielded.
The Royal Commission also criticized both the Quebec Bridge Company and
Cooper for the way in which the project had been organized:
Mr. Cooper assumed a position of great responsibility and
agreed to accept an inadequate salary for his services. No provision
was made by the Quebec Bridge Company for a staff to assist him,
nor is there any evidence to show that he asked for the appointment
of such a staff…. The result of this was that he had no time to
investigate the soundness of the data and theories which were being
used in the designing, and consequently allowed fundamental errors
to pass by him unchallenged. The detection and correction of these
fundamental errors is a distinctive duty of the consulting engineer.

In 1908, the Government of Canada decided to redesign and reconstruct it.


Removing the twisted steel and debris from the 1907 disaster took two years. After
that, new supporting piers that went down to bedrock were built. During the
reconstruction, a second disaster occurred. The erection plan was to build the
cantilevers only partway out from the shore. Meanwhile, the central part of the span
would be assembled onshore. At the appropriate time, it would be floated out and
raised into position. On September 11, 1916, the weather and tides were suitable. All
went smoothly, and by mid-morning, the span had been lifted about 7 m above the
water. At about 11 a.m., a sharp crack was heard, and the centre span slid off its four
corner supports into the river. Thirteen men were killed and 14 more were injured. An
investigation found that the accident was unrelated to the design and was caused by
a material failure in one of the four bearing castings that supported the central span
temporarily while it was being transported and hoisted. The St. Lawrence Bridge
Company assumed the responsibility for the failure, a second span was constructed,
and the design of the support bearings was changed from a casting to a lead “cushion.”
The new middle span was successfully lifted into place, over three days, in August
1917. The bridge was opened to traffic in 1918.

6. Regulation of Engineering
A key role of government is to protect the public. Therefore, when the government
confers the privilege of professional status on any group, the public welfare must be
protected by licences and by regulations that:
• admit only qualified people to the profession,
• establish standards of professional practice and Codes of Ethics, and
• discipline negligent, incompetent, or unscrupulous practitioners as necessary.

9
Governments in most countries regulate engineering. Each country has a law, or “Act,”
that establishes engineering as professions. The law or act, in turn, creates an
institution of Engineers. These institutions are licensing bodies (or “regulators”) that
set and enforce standards of practice in engineering. To practise engineering, you
must obtain a licence from the institution in your country.
The importance of the institutions cannot be overemphasized. They set the
qualifications for admission into the profession, determine the standards of
professional practice, and discipline members who fail to meet these standards. The
institutions also prevent the misuse of titles and prosecute illegal practice by
unqualified individuals.
A licence is now mandatory to practise engineering or to use engineering titles in most
countries. For example, a Canadian licence confers both the right to practise the
profession as well as the right to the title (P.Eng.). On contrast, in the United States,
licensing confers only the right to use the title; as a result, anyone can practise. There
is another key difference between the Canadian and U.S. engineering laws. In Canada,
the engineering profession is “self-regulating”: each province or territory has passed
an Act to create an Association of professional engineers, which, in turn, regulates the
profession. Each Association’s governing council must enforce the Act, regulations,
and bylaws, but the licensed members of the Association elect (most of) the Council
members. This practice ensures that well-informed engineers are involved in the
regulation of the profession. By contrast, in the United States, the profession is not
self-regulating. State governments appoint licensing boards to license engineers, and
the governments establish the regulations that engineers must follow.
‫التشيعية لتنظيم المهن الهندسية‬ ‫ف ليبيا نقابة المهن الهندسية ه الجهة المخولة قانونا من قبل السلطات ر‬
‫ي‬ ‫ي‬
‫ يف ليبيا كونها تنظم من خالل نقيب‬Self-regulated ‫تعتب مهنة ذاتية التنظيم‬ ‫ر‬ ‫وبالتال فان الهندسة‬
‫ي‬
‫ مقر النقابة العامة يف طرابلس وهناك نقابات فرعية يف مختلف‬.‫ومساعدين منتخبي من قبل أعضاء النقابة‬
‫ تحتفظ النقابة بحق منح تراخيص المهنة للمزاولي وكذلك حق استخدام صفة مهندس حسب النظام‬.‫المدن‬
.‫األساس للنقابة‬
‫ي‬
.‫مهن ممارسة المهنة إال بعد القيد يف احد سجالت النقابة‬
‫ي‬ ‫ألي‬ ‫يجوز‬ ‫ال‬ •
.‫مهن ممارسة العمل إال يف مجال تخصصه‬ ‫• ال يجوز ألي ي‬
.‫• ال يجوز للجهات العامة والخاصة تمكي المهنيي من مزاولة المهنة إال بعد إبراز ما يفيد القيد بالنقابة‬
‫والتشيعات النافذة كل من يخالف ذلك‬‫ر‬ ‫• يعاقب وفقا للقواني‬
‫ر‬
‫االشباطات لمنع‬ ‫األساس فان مجلس النقابة مسئول عن تطبيق وانفاذ هذه‬ ‫ووفقا لهذه الفقرات من النظام‬
‫ي‬
.‫منتحل صفة المهندسي من ممارسة المهنة والحفاظ عل المصالح العامة والخاصة‬
‫ي‬ ‫وردع‬

In some countries, engineering is not a licensed profession, and anyone may use the
term “engineer.” In those countries, the possession of a degree or membership in a
technical society may be the only guide to the person’s competence. In the United
Kingdom, for example, licensing is not compulsory, and the title of Engineer often
means mechanic—the sign “Engineer on Duty” hangs outside many garages. British
engineering societies award the title of Chartered Engineer to members who join
voluntarily and meet their admission requirements.

10
Professional Registration (Licensing)
In most countries, where the engineering profession is regulated, the basic
requirements to obtain licence is satisfy the following:
• Education: The applicant must have adequate academic engineering
qualifications, such as a university degree from an accredited program or
equivalents.
• Experience: The applicant must have certain number of years (3-4 years) of
suitable engineering experience in the area of qualification.
• Knowledge of local practices: Applicants must understand local practices and
conditions. For example, work experience should demonstrate knowledge of
local “laws, practices, standards, customs, codes, conditions, climate, and
technology.” To satisfy this requirement.
• Language: The applicant must be able to communicate effectively, both orally
and in writing, in the working language of the country.
• Good character: The applicant must be of good character, as determined
mainly from references. Evidence of criminal conviction, fraud, or false
statements on applications may affect admission.
• Knowledge of professional practice and ethics: Typically, every applicant must
write and pass the Professional Practice Exam on law and ethics. The exam
tests non-technical knowledge of professionalism, ethics, self-regulation,
governance of the professions, law, and legal concepts.

In the United States of America, being licensed as a Professional Engineer is an


important distinction and can enhance the career options. Many engineering jobs
require a PE license to work as an engineering consultant or senior engineer, testify as
an expert witness, conduct patent work, work in public safety, or advertise to provide
engineering services. Although one may never need to be registered for “legal”
reasons, you may find that you need to be a PE to be eligible for engineering
management positions. The professional registration procedures differ from one state
to another; however, the general steps are as follows:

• Gradate from an ABET-accredited engineering program.


• Pass the Fundamentals of Engineering (FE) exam.
▪ MCQ exam.
▪ General and in discipline exams.
▪ Closed book.
▪ Passing score of 70%.
• Work as an engineer for four years.
• Pass ethics exam.
• Pass the Professional Engineering PE exam.

▪ Different exams for civil engineering


- PE Civil
- PE Structural I.
- PE Structural II.
- PE Environmental
▪ Open book exam.

11
‫‪Engineers In the United States can be registered either as:‬‬
‫‪• Engineer in Training EIT‬‬
‫‪• Professional Engineer PE‬‬

‫‪Continuous professional development is required to hold the license.‬‬


‫‪• Measured by Professional Development Hours PDHs.‬‬
‫‪• Certain number of PDHs is required each year.‬‬
‫‪• PDHs can be earned from:‬‬
‫‪• Participation in professional society.‬‬
‫‪• Publications.‬‬
‫‪• Continues education units (training).‬‬
‫‪• Conference attendance and participation.‬‬
‫… ‪• Etc.‬‬

‫يف ليبيا يتم التسجيل يف سجالت النقابة يف احدى الشعب التالية‪:‬‬ ‫•‬
‫عال‪.‬‬
‫جامع او ي‬
‫ي‬ ‫‪ .1‬المهندسي – مؤهل‬
‫عال‪.‬‬
‫ي‬ ‫دبلوم‬ ‫–‬ ‫التطبيقيي‬ ‫‪ .2‬المهندسي‬
‫‪ .3‬الفنيي الهندسيي – دبلوم متوسط‪.‬‬
‫يتم القيد يف شعبة واحدة فقط‪.‬‬ ‫•‬
‫عال) والمهندسي التطبيقيي‬ ‫جامع او ي‬
‫ي‬ ‫يتم القيد يف التخصصات التالية بالنسبة للمهندسي (مؤهل‬ ‫•‬
‫عال)‪.‬‬
‫(دبلوم ي‬
‫‪ .8‬قسم هندسة النووية ‪.‬‬ ‫‪ .1‬قسم الهندسة المعمارية ‪.‬‬
‫‪ .9‬قسم الهندسة الكيميائية ‪.‬‬ ‫‪ .2‬قسم تخطيط المدن ‪.‬‬
‫‪ .10‬قسم هندسة التعدين ‪.‬‬ ‫‪ .3‬قسم الهندسة المدنية ‪.‬‬
‫‪ .11‬قسم الهندسة الجيولوجية ‪.‬‬ ‫‪ .4‬قسم الهندسة الكهربائية ‪.‬‬
‫‪ .12‬قسم هندسة الطبان ‪.‬‬ ‫‪ .5‬قسم الهندسة الميكانيكية ‪.‬‬
‫‪ .13‬قسم هندسة النفط ‪.‬‬ ‫‪ .6‬قسم هندسة علوم المواد والمعادن‬
‫اآلل ‪.‬‬
‫‪ .7‬قسم هندسة الحاسب ي‬
‫يتم القيد يف التخصصات التالية بالنسبة للفنيي الهندسيي – دبلوم متوسط‪.‬‬ ‫•‬
‫الصناع‪.‬‬
‫ي‬ ‫‪ .2‬القسم‬ ‫‪ .1‬قسم األشغال العامة والمساحة‪.‬‬

‫ينشأ بالنقابة سجالن لكل شعبة‪:‬‬ ‫•‬


‫▪ سجل األعضاء األصليي ويسجل به الليبيي‪.‬‬
‫▪ سجل األعضاء المنسبي ويسجل به األعضاء غب الليبيي‪.‬‬
‫مهن ممارسة المهنة إال بعد القيد يف احد سجالت الشعبة‪.‬‬‫ال يجوز ألي ي‬ ‫•‬
‫مهن ممارسة العمل إال يف مجال تخصصه‪.‬‬‫ال يجوز ألي ي‬ ‫•‬
‫ال يجوز للجهات العامة والخاصة تمكي المهنيي من مزاولة المهنة إال بعد إبراز ما يفيد القيد‬ ‫•‬
‫بالنقابة‪.‬‬
‫ر‬
‫يعاقب وفقا للقواني والتشيعات النافذة كل من يخالف ذلك‪.‬‬ ‫•‬

‫• رشوط القيد بسجالت النقابة‪:‬‬


‫ُ‬
‫لشوط السجل بالشعب المختلفة‪.‬‬ ‫‪ .1‬أن يكون مهنيا هندسيا وفقا ر‬
‫مواطن ليبيا‪.‬‬
‫ي‬ ‫‪ .2‬أن يكون من‬
‫‪ .3‬أال يكون قد حكم عليه يف جناية آو جنحة ما لم يرد إليه اعتباره‪.‬‬
‫‪ .4‬أن يكون كامل األهلية‪.‬‬

‫‪12‬‬
.‫ أن يكون محمود السبة حسن السمعة‬.5
.‫يمض عل القرار خمس سنوات عل األقل‬ ‫ي‬ ‫تأدين ما لم‬ ‫ أال يكون قد عزل من وظيفته بقرار ر ي‬.6
‫ يستثن من رشط الجنسية غب الليبيي رشط أن يكون مقيم إقامة دائمة آو مؤقتة لغرض العمل‬.7
.‫يف ليبيا‬
: ‫الهندس لكل من‬
‫ي‬ ‫تقوم النقابة العامة للمهن الهندسية بإصدار إذن مزاولة العمل‬ •
.‫• األفراد‬
.‫• مجموعة من األفراد يف صورة مكاتب هندسية واستشارية‬
‫الهندس إال بعد الحصول عل إذن من النقابة العامة أو الفرعية حسب‬ ‫ي‬ ‫ال يحق ألحد مزاولة العمل‬ •
.‫االختصاص‬
.‫قانون‬
‫ي‬ ‫يعتب أي إذن صادر من أي جهة أخرى غب‬ ‫ر‬ •
‫يؤذن لكل من قام بالتسجيل بسجل األعضاء األصليي أو المنتسبي و يقوم بسداد رسوم االنتساب‬ •
:‫والرسوم السنوية بمزاولة المهنة وفق التصنيفات التالية‬
.‫ سنة‬12 ‫خبة ال تقل عن‬ ‫ر‬ ‫• مهندس رأي‬
.‫ سنة‬12 ‫ إل‬5 ‫خبة من‬ ‫ر‬ ‫• مهندس ممارس‬
.‫ سنوات‬5 ‫إل‬ ‫خبة من سنتي ي‬ ‫ر‬ ‫• مهندس مجاز‬
.‫خبة تقل عن سنتي‬ ‫ر‬ ‫• مهندس متدرب‬
‫المهن المستمر للمحافظة عل اذن مزاولة المهنة‬ ‫ي‬ ‫ال يوجد يف لوائح النقابة أي متطلبات للتطوير‬ •
‫لالفراد‬

In Canada, being licensed as a Professional Engineer is legal requirement prior to


practice or use the title. The professional registration procedures differ from one
province to another; however, the general steps are as follows:

• Gradate from -accredited engineering program.


• Work as an engineer for four years.
• Pass ethics exam.
• Apply for the PEng.

Engineers In the Canada can be registered either as:


• Engineer in Training EIT.
• Professional Engineer PEng.
Continuous professional development is required to hold the licences

Licensing of Engineering Firms


An engineering firm, as a legal entity, may need to obtain a licence to practise
engineering in most countries. The purpose of licensing, however, is to protect the
public against incompetence, negligence, and professional misconduct. To obtain this
licence must employ a professional engineer who acts in a supervisory capacity, and
who assumes personal responsibility for the services. The firms, in some countries, are
required also to obtain liability insurance.

:‫يف ليبيا يمنح الفرد أو مجموعة األفراد إذن مزاولة المهنة كمكتب يف إحدى الصور التالية‬ •
‫• مكتب هندس – ويختص بالتصميم ومراقبة التنفيذ ر‬
.‫لمشوعات االفراد من المواطني‬ ‫ي‬

13
‫ر‬
‫للمشوعات‬ ‫• مكتب استشاري متخصص – ويختص بالتصميم والدراسات ومراقبة التنفيذ‬
.‫العامة ذات التخصص الواحد‬

‫• مكتب استشاري متعدد التخصصات – ويختص بالتصميم والدراسات ومراقبة التنفيذ‬


‫ر‬
.‫للمشوعات العامة يف مختلف التخصصات‬

‫والخبة الهندسية يف مختلف المجاالت من‬


‫ر‬ ‫• مهندسون استشاريون – ويختص بتقديم المشورة‬
.‫مهندس راي ويجوز ان ينفرد مهندس راي واحد بذلك يف مجال تخصصه‬
‫ي‬

The Professional Seal


When a regulatory body awards a licence, it also includes a “seal” (a stamp), which the
professional engineer uses to approve documents. The professional must sign, seal,
and date all final drawings, specifications, plans, reports, and similar documents
before releasing them for action. When two or more professionals collaborate on
different aspects of a project, both seals are applied. Each professional specifies his or
her area of responsibility in writing next to the seal. The seal has important legal
significance - it means that the professional has approved the document. A seal
identifies the person responsible and provides assurance that the work was
competently prepared. Only final documents are sealed. Preliminary documents are
not sealed; they must be marked “preliminary” or “not for construction”. Only the
professional who prepares or approves a document should seal it. The seal implies an
intimate knowledge of and control over the document. Do not use the seal casually.
A professional who knowingly signs or seals a document that has not been personally
prepared (or prepared by assistants under supervision) may be charged with
professional misconduct. That professional may also be liable for damages if the
misrepresentation results in a loss. Moreover, many disciplinary cases have arisen
because professionals signed and sealed documents prepared by others that later
proved to have serious flaws.

‫نقابة المهن الهندسية يف ليبيا ال تقوم بمنح االفراد المخولي بممارسة مهنة الهندسة أي ختم خاص وعل‬
‫العكس فان المتعارف عليه ف ليبيا ان تقوم ر‬
‫الشكات والمكاتب الهندسية باستخدام ختمها العتماد التصاميم‬ ‫ي‬
.‫والرسومات والتقارير النهائية بدال من استخدام خاص بالمهندس المسؤول‬

7. Professional Ethics – Code of Conduct


Professional ethics is referred to as moral philosophy and recommended concepts of
right and wrong behavior for professionals practicing within a profession. Codes of
Ethics usually start with a statement of general principles, followed by a list of the
duties to society, employers, clients, colleagues, subordinates, the profession, and
oneself. Although some codes express these duties differently, the intent and the
results are very similar. The Codes of Ethics usually list the following duties:
• Duty to society: A professional engineer must consider his or her duty to the
public—or to society in general—as the most important duty. In other words,
professionals have a duty to protect the safety, health, and welfare of anyone

14
affected by their work. This goal is accomplished through professional self-
regulation. That is, the government delegates its authority to the Associations,
which define standards of admission, discipline licensed members, and regulate the
profession. This arrangement benefits society, because the Associations ensure
that professionals are competent, reliable, up-to-date, and ethical.
• Duty to employers: A professional engineer must act fairly and loyally to the
employer, must keep the employer’s business confidential, and must disclose any
conflict of interest.
• Duty to clients: A professional engineer or geoscientist in private practice has the
same obligations to clients as an employee has to the employer.
• Duty to colleagues: A professional engineer must act with courtesy and good will
toward colleagues. Professionals should not permit personal conflicts to interfere
with professional relationships. Most Codes of Ethics state clearly that fellow
professionals must be informed whenever their work is reviewed.
• Duty to employees and subordinates: A professional engineer must recognize the
rights of others, especially if they are employees or subordinates.
• Duty to the profession: A professional engineer must maintain the dignity and
prestige of the profession and must avoid unprofessional, dishonourable, or
disgraceful conduct.
• Duty to oneself: Finally, a professional engineer must insist on adequate payment,
a satisfactory work environment, and all rights. The professional also has a duty to
maintain personal competence in the rapidly changing technical world.

Some Codes of Ethics are organized in a different way; it starts with general principles,
and narrow down the duties through Canons, Standards, and Rules of Conduct. These
four levels are defined as follows:
Principles refer to a fundamental and comprehensive doctrine (morality) regarding
behavior and conduct.
Canons are broad principles of conduct.
Standards are more specific goals toward which individuals should aspire in
professional performance and behavior.
Rules of Conduct are mandatory, violation of a rule usually grounds for disciplinary
action. Rules can implement more than one Canon or Standard.

‫ر‬
‫ وردت بعض الفقرات ي‬.‫نقابة المهن الهندسية يف ليبيا ليس لديها مدونة الخالقيات المهنة‬
‫الن تؤسس لمفهوم‬
:‫يل‬
‫األساس للنقابة والئحة مزاولة المهنة يمكن ذكرها وفقا لما ي‬
‫ي‬ ‫اخالقيات المهنة يف النظام‬
.‫• يؤدى عضو النقابة اليمي اآلتية أمام أمي النقابة أومن يكلفة‬
‫أقسم با هْلل العظيم أن أكون مخلصا لليبيا وأن أؤدي عمل باألمانة ر‬
‫والشف وأن‬ ‫ي‬
)26‫ مادة‬- ‫األساس‬ ‫ر‬
‫ (النظام‬.‫واحبم قوانينها وتقاليدها‬ ‫أحافظ عل أشار المهنة‬
‫ي‬
)27 ‫ مادة‬- ‫األساس‬
‫ي‬ ‫ (النظام‬.‫• ال يجوز لعضو النقابة أن يقوم بأي عمل يتناف مع كرامة المهنة‬
‫• عل كافة المهنيي الهندسيي أعضاء المكاتب المرخصة التقيد ف مزاولتهم للمهنة ر‬
‫باألن (الئحة مزاولة‬
‫ي‬ ‫ي‬ ‫ي‬
- :)29 ‫المهنة – مادة‬
.‫عل أخالقياتها‬
‫ التقيد بقواعد وآداب وسلوك مزاولة المهنة بما يؤدي الرتقائها والمحافظة ي‬.1

15
‫عل أية رسومات أو مخططات أو تقارير‬ ‫ر‬ ‫ر‬
‫‪ .2‬عدم االشباك يف أكب من مكتب واحد وعدم التوقيع ي‬
‫أشبك يف إعدادها‪.‬‬‫أو دراسات فنية ال يكون قد قام بإنجازها أو ر‬
‫حن‬ ‫ر‬ ‫ر‬ ‫ر‬
‫هندس أخر ي‬
‫ي‬ ‫مهن‬
‫‪ .3‬احبام حقوق زمالئه يف المهنة وااللبام بعدم نقل تصميم قام بوضعه ي‬
‫لو كان ذلك بناء عل طلب المالك األصل ر‬
‫للمشوع‪.‬‬ ‫ي‬ ‫ي‬
‫‪ .4‬عدم استخدام التصميم الواحد ر‬
‫ألكب من مالك واحد إال بموافقة مسبقة وخطية من المالكي‪.‬‬

‫الهيئة الليبية للمعماريي مؤسسة غب حكومية تم تأسيسها يف عام ‪ 2011‬تعن بمهنة العمارة يف ليبيا‪ .‬الهيئة‬
‫كالبام من المؤسسي باعل معايب‬ ‫منذ تأسيسها طورت مستند مدونة االخالقيات والسلوك المهن وذلك ر‬
‫ي‬
‫ر‬
‫االحباف والباهة والكفاءة‪ .‬هذه المدونة الزامية لكل األعضاء المنتسبي للهيئة فقط‪.‬‬

‫المدونة مرتبة يف ثالث مستويات‬ ‫•‬


‫وه المبادئ العريضة لقواعد السلوك‪.‬‬ ‫ر‬
‫‪ .1‬التشيعات ي‬
‫ينبع الوصول إليها يف األداء‬ ‫أكب تحديدا تجاه األعضاء ر‬
‫والن‬ ‫‪ .2‬المعايي األخالقية وه أهداف ر‬
‫ي‬ ‫ي‬ ‫ي‬
‫المهن‪.‬‬
‫ي‬ ‫والسلوك‬
‫وه إجبارية وينجم عن انتهاكها إجراءات تأديبية‬
‫‪ .3‬قواعد السلوك ي‬
‫الن قد يفرضها مجلس‬ ‫ر‬ ‫•‬
‫انتهاك قواعد السلوك الواردة يف المدونة تستوجب التأديب وفق العقوبات ي‬
‫وه‪:‬تعليق العضوية‬ ‫االخالقيات بالهيئة ي‬
‫‪ .1‬التحذير‪.‬‬
‫‪ .2‬توجيه اللوم‪.‬‬
‫ر‬
‫‪ .3‬تعليق العضوية لفبة من الزمن‪.‬‬
‫‪ .4‬الغاء العضوية‪.‬‬

‫‪American Society of Civil Engineers (ASCE) – Code Ethics‬‬


‫‪members who violate ASCE’s Code of Ethics are subject to disciplinary action, which may‬‬
‫‪include removal or suspension from the Society.‬‬

‫‪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 and‬‬
‫‪the environment.‬‬
‫‪2. Being honest and impartial and serving with fidelity the public, their employers‬‬
‫‪and clients.‬‬
‫‪3. Striving to increase the competence and prestige of the engineering‬‬
‫‪profession.‬‬
‫‪4. Supporting the professional and technical societies of their disciplines.‬‬
‫‪Fundamental Canons‬‬
‫‪1. Engineers shall hold paramount the safety, health, and welfare of the public‬‬
‫‪and shall strive to comply with the principles of sustainable development in‬‬
‫‪the performance of their professional duties.‬‬
‫‪2. Engineers shall perform services only in areas of their competence.‬‬
‫‪3. Engineers shall issue public statements only in an objective and truthful‬‬
‫‪manner.‬‬

‫‪16‬‬
4. Engineers shall act in professional matters for each employer or client as
faithful agents or trustees and shall avoid conflicts of interest.
5. Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others.
6. Engineers shall act in such a manner as to uphold and enhance the honor,
integrity, and dignity of the engineering profession and shall act with zero
tolerance for bribery, fraud, and corruption.
7. Engineers shall continue their professional development throughout their
careers and shall provide opportunities for the professional development of
those engineers under their supervision.
ASCE Ethical Decision-Making Guidelines
All ASCE members are encouraged to incorporate the following questions in their
decision-making process (PLUS):
• P = Policies
Does the action serve the best interests of the public and the client?
Is the action consistent with ASCE’s Code of Ethics and your
employer’s policies, procedures, and guidelines?
• L = Legal
Is the action compliant with the spirit and the letter of applicable laws
and regulations?
• U = Universal
Does it conform to the universal principles and values that the
profession and your employer have adopted?
• S = Self
Does it satisfy your own personal definition of right, good, and just?

Institution of Civil Engineers (ICE) Rules of Professional Conduct


is a membership organization located in the UK. The ICE adopted the following Rules of
Professional Conduct:

1. All members shall discharge their professional duties with integrity.


2. All members shall only undertake work that they are competent to do.
3. All members shall have full regard for the public interest, particularly in relation to
matters of health and safety, and in relation to the well-being of future
generations.
4. All members shall show due regard for the environment and for the sustainable
management of natural resources.
5. All members shall develop their professional knowledge, skills and competence on
a continuing basis and shall give all reasonable assistance to further the education,
training and continuing professional development of others.
6. All members shall:
a. Notify the Institution if convicted of a criminal offence.
b. Notify the Institution upon becoming bankrupt or disqualified as a Company
Director.
c. Notify the Institution of any significant breach of the Rules of Professional
Conduct by another member.

17
8. Enforcement and Discipline
The Code of Ethics defines a high standard of personal professional conduct, required
by every regulatory body. The Code includes, in general terms, the duties of the
professional to the public, to the employer or client, to fellow professionals, to the
profession, and to oneself. The Code protects the public by requiring professional
behaviour; it is the basis for disciplining unscrupulous practitioners.
To protect the public welfare, the regulatory body must ensure that only qualified
individuals are practising. In addition, it is sometimes necessary to discipline the few
engineers who commit professional misconduct. To enforce the regulations, each
regulatory body has a staff that receives complaints, prosecutes people practising
under false pretences, and administers any complaints against licensed members.
These functions are summarized, as follows:
• Enforcement: enforcement of regulations by prosecuting unlicensed
individuals who practise engineering, or who use the title of Professional
Engineer.
• Professional misconduct and discipline: Each regulatory body to reprimand,
suspend, or expel members who are guilty of professional misconduct.
Professional misconduct means negligence, incompetence, or corruption,
including a serious infraction of the Code of Ethics. It is important to distinguish
between this Code of Ethics (which is enforceable) and the codes of ethics
endorsed by many technical societies, since the societies’ codes are voluntary
guides to conduct.

Incompetence, negligence, and professional misconduct may lead to suspension and


revocation of licence. Citations are issued when the severity of a violation may not
warrant suspension or revocation of the right to practice.

‫األساس للنقابة العامة للمهن الهندسية‬


‫ي‬ ‫يف ليبيا الفقرات التالية المتعلقة بالتأديب ماخوذة من النظام‬
‫هندس عل خالف الحقيقة أو كل‬ ‫ي‬ ‫فن‬
‫• يحال للجهات القضائية كل من انتحل لقب مهندس أو لقب ً ي‬
‫ر‬
‫هندس دون أن يكون مسجال بالنقابة أو باش المهنة يف غب مجال‬ ‫فن‬
‫ي‬ ‫من زاول مهنة مهندس أو ي‬
‫األساس‬
‫ي‬ ‫النظام‬ 33 ‫(مادة‬ .‫القانون‬ ‫وفق‬ ‫ته‬ ‫ب‬ ‫ق‬ ‫ا‬ ‫لمع‬ ‫المهنة‬ ‫اولة‬
‫ز‬ ‫م‬ ‫عن‬ ‫موقوف‬ ‫تخصصه أو با رشها وهو‬
.)‫للنقابة‬
.‫بالشف يشطب اسمه من سجل النقابة‬ ‫• كل عضو ف النقابة يحكم عليه ف جناية أو ف جنحة مخلة ر‬
‫ي‬ ‫ي‬ ‫ي‬
.)34 ‫(مادة‬
ً ً
‫مخال ر‬ ً ‫ر‬
‫بالشف أو ماسا بكرامة المهنة أو يهمل يف تأدية‬ ‫يأن عمال‬ ‫• يحال للمحاكمة التأديبية كل عضو ي‬
.)35 ‫ (مادة‬.‫واجباته‬

Enforcement: Unlicensed Practitioners


The best way to protect the public is to allow only competent professionals to practise.
This is the purpose of licensing: every applicant must show high standards of
education and experience to obtain a licence. People who practise engineering or

18
geoscience without a licence, or who falsely claim to be licensed, are breaking the law
and are prosecuted in the law courts. It is an offence for an unlicensed person to:
• practise professional engineering, or
• use a term or title to give the belief that the person is licensed, or
• use a seal that leads to the belief that the person is licensed.

Discipline: Licensed Practitioners


Under the law, regulators must also protect the public by responding to complaints of
unprofessional activities by licensed members and, where necessary, by taking
remedial action. It is therefore important to define what behaviour is subject to
discipline and what penalties could result. The licensing laws typically specify six
causes for disciplinary action:
• Professional misconduct (also called “unprofessional conduct”): any conduct
harms or tends to harm the standing of the profession such as “signing or
sealing a final drawing not actually prepared or checked by the practitioner.
Professional misconduct includes any act that would reasonably be regarded
as disgraceful, dishonourable or unprofessional.
• Incompetence: is a lack of knowledge, skill, or judgment that demonstrates
that the member is unfit to carry out duties as a professional. A licensed
professional must practise within the limits of competence and must judge his
own competence as he progresses to more difficult tasks. Discipline cases
often arise, however, when people who are fully competent in one field of
practice are judged incompetent when they enter a new field without
adequate training.
• Negligence: means “carelessness,” or carrying out work that is below the
accepted standard or lacking adequate thoroughness; however, negligence
can also include a flagrant disregard for public welfare. Negligence is
particularly serious when it involves a failure to safeguard life, health, or
property. There is also a fine line between negligence and incompetence; for
example, it may be impossible to judge whether a practitioner ignored a safety
regulation (negligence) or did not know it existed (incompetence).
• Breach of the Code of Ethics: sometimes is defined to be equivalent to
professional misconduct.
• Physical or mental incapacity: sometimes it is considered as part of
incompetence, provided the condition is of a nature and extent that, to protect
the interests of the public (or the practitioner), the practitioner should not be
allowed to practise.
• Conviction of a serious offence: If a practitioner is convicted of an offence, and
the nature of the offence affects the person’s suitability to practise, then the
person can be found guilty of professional misconduct. Convictions for minor
offences such as traffic violations do not affect one’s suitability to practise.
However, conviction of a serious offence such as fraud or embezzlement,
which involves a betrayal of trust and questionable ethics, could be grounds
for such action. The standard of conduct for professional people is higher than
that expected of the ordinary person.

19
Disciplinary Penalties
The severity of the penalty assigned by the Discipline Committee depends, of course,
on the circumstances of the case. Penalties could be one of the following:
• Revoke the licence of the practitioner.
• Suspend the licence (usually for up to two years).
• Limit the practitioner’s professional work by imposing restrictions on the
licence, such as supervision or inspection of work.
• Require the member to be reprimanded, admonished, or counselled, and
publish the details of the result with or without names.
• Require the practitioner to pay the costs of the investigation and hearing.
• Require the practitioner to undertake a course of study or write examinations
set by the Association.
• Publish any order that revokes or suspends the licence of a practitioner, with
or without the reasons for the decision.
• Impose a fine.

Case History 2
Enforcement: Misuse of “Software Engineer” Title
In the mid-1990s, the Microsoft Corporation introduced a technical course called the
“Microsoft Certified Software Engineer (MCSE)” course. The use of the term “software
engineer” caused some concern in Canada. In the United States, state laws regulate
“Professional Engineer” but do not regulate variations such as “software engineer.”
Canadian laws are different; they clearly restrict the term “engineer” to licensed
professional engineers. For example, the Ontario Professional Engineers Act says that
an unlicensed person who “uses the title ‘professional engineer’ … or an abbreviation
or variation thereof as an occupational or business designation” is guilty of an offence.
Clearly, the “software engineer” variation is an occupational designation. Software
Engineering is an accredited program at many Canadian universities, and a software
engineer would reasonably be expected to be a graduate of such a program, with
three or four years of acceptable experience, licensed annually, and constantly subject
to professional ethics, discipline, and continuing competence requirements. The MCSE
course requires only about 42 weeks, usually in a community college, and costs about
$15,000, according to an unconfirmed report in IT-business. It appears that an MCSE
holder has no continuing competence obligations, although upgrades may be required
for new specialties.
Representatives from Engineers Canada and several provincial Associations met with
Microsoft Canada in 2001, explained that their title contravened Canadian law, and
suggested that MCSE (as an acronym) would be acceptable. Microsoft Canada initially
agreed to this limitation; however, after speaking to MCSE holders, lawyers, and
others, Microsoft apparently decided that the MCSE designation would be less
valuable in Canada if holders could not refer to themselves as engineers. In 2002,
Microsoft reversed itself and issued a press release stating that the estimated 35,000
Canadian MCSE holders should continue to use the full title. Microsoft’s decision was
regrettable since, as one Association said, “we would be in contempt of our own
legislation if we did not enforce improper use of title.”

20
Shortly thereafter, the Ordre des ingénieurs du Québec (OIQ) filed penal proceedings
against Microsoft Canada for knowingly causing a person who is not a member of OIQ
to use the title of engineer, thereby committing an offence under Quebec’s
Professional Code. In April 2004, the Quebec court agreed and ruled that Microsoft
Canada contravened a provincial professional code by using the word “engineer” in its
international software certification program. A very small fine was also levied.
Microsoft appealed the decision, but in June 2005 the Superior Court of Quebec
rejected Microsoft’s appeal. The OIQ president, stated that “the OIQ is very satisfied
with the Superior Court decision, which confirms that the title engineer, alone or with
descriptors, is reserved by the Engineers Act exclusively for our members.”

Case History 3
Discipline: Professional Misconduct

“Company W” prepared a preliminary design for a large (2,000 m3) steel water storage
tank and hired Professional Engineer “Kappa,” to analyze and approve the design.
Engineer Kappa signed and sealed the construction drawings. The tank was later
constructed by Company W at a location. However, when the huge tank was filled with
water, it was unable to resist the hydrostatic forces and failed catastrophically.
Investigation
An investigation by revealed that basic information was missing from the design
drawings sealed by engineer Kappa, including the name, date, and issue of the code
or standard for the design; the dimensions for spacing the bands that resist the
circumferential stress; strut locations; weld sizes; steel material specifications; and the
seismic and wind loads and thermal effects. In addition, engineer Kappa failed to
conduct a concept review of the structural design of the storage tank before
construction as required. As a result of these shortcomings, the hydrostatic loading on
the bands and the connector brackets greatly exceeded the allowable yield stress of
the materials, and the tank ruptured. Although the preliminary tank design was
prepared by Company W, no evidence was presented to indicate that any professional
engineer, other than engineer Kappa, played any part in the design process.
Discipline Hearing
In his defence, engineer Kappa stated that Company W asked him not to show
dimensions, weld details, and other basic details in order to prevent copying by others,
but he presumed that these details would be available to the fabricators from the
computer drawing system operated by Company W. The judgment panel rejected this
explanation, because sealed drawings must contain sufficient detail to ensure
construction according to the design. In fact, the title lock for one drawing was marked
“Issued for Construction” when the drawing contained seriously inadequate
information.
Decision
The judgment panel ruled that engineer Kappa’s failure to ensure that the sealed
drawings conformed to accepted design standards constituted unprofessional
conduct. An engineer’s seal on design drawings means that the design is fully
adequate and meets codes and standards. This is a basic rule of professional
engineering and one that cannot be overruled by confidentiality
Penalty

21
The judgment panel were unconvinced that engineer Kappa realized the seriousness
of his misconduct and ordered him to
• retain a professional engineer to peer-review his services for a one-year period, with
regular reports to every three months, the costs of which were to be paid by engineer
Kappa;
• undergo a Practice Review within nine months, at an approximate cost of $2,000;
• write and pass the Professional Practice Exam within six months; and
• accept the immediate suspension of his membership (licence) if any of the above
conditions were not met.
In addition, the committee ordered engineer Kappa to pay costs of $30,000 a sum that
represented about 70 percent of the hearing costs, not including legal fees.
Unfortunately, Kappa failed to meet some of these requirements,

Case History 4
Discipline: Incompetence

Company X hired Professional Engineer “Omega” to conduct an environmental


investigation of six former industrial sites. The purpose was to measure the salt
contamination of the soil and groundwater. Engineer Omega personally carried out
the work and wrote a report for each site. The six reports were similar, containing
borehole data, electrical conductivity measurements, and survey results from an
electromagnetic device (typically used by geophysicists) to estimate the electrical
conductivity to a depth of 5 m to 6 m. The conductivity data could be used to measure
salt contamination.
Investigation
The reports, however, contained basic errors: incorrect and missing units, and
discrepancies between data and conclusions. A complaint to the Association of
Professional Engineers led to an investigation, confirming that the reports contained
errors and inconsistencies in units, and contour plots that were numerically incorrect.
The result showed that he reports were undependable and that site contamination
might be greatly underestimated.
Disciplinary Hearing
Engineer Omega admitted that he had only minimal experience with conductivity
measurements; had no training in the use of the electromagnetic equipment; had
inadequate experience to judge the accuracy of the raw data; and was unsure of the
units at the time of writing the reports. In his defence, he stated that he had hired an
experienced electromagnetic technologist to help him collect the field data, and he
had relied on the technologist to establish the survey procedure, including the
frequency and spacing of the readings and the background levels of conductivity. He
had also tried to contact the company that supplied the electromagnetic device, but
it was no longer in business. The judgment panel rejected these excuses, stating that
engineer Omega did not have adequate knowledge or training to use the
electromagnetic tools that measure terrain conductivity or to conduct an
electromagnetic survey and that he lacked the experience to ensure that data were
valid. He had relied too heavily on the technologist, and, at the very least, he should
have known the standard measurement units. Several witnesses testified to the panel
that using electromagnetic tools to acquire terrain conductivity data is within the

22
exclusive scope of practice of geophysics and that engineer Omega was therefore
engaging in geophysics, contrary to the law. However, given the specific wording of
the charge, the panel concluded that the question was not whether the reports
contained geophysical data, but whether the member had the training and experience
to make proper and professional use of the data.
Decision and Penalty
The panel concluded that engineer Omega was guilty of unskilled practice, which is a
breach of the Code of Ethics. It ordered that he be reprimanded and that he pay about
$4,800 (a portion of the hearing costs) or else relinquish his licence to practise. The
penalty was modest because of Omega’s previously exemplary record and because his
conduct did not directly compromise public safety. Engineer Omega paid his debt, and
his professional status was reinstated.

Case History 5
Discipline: Breach of the Code of Ethics
Professional Engineer “Alpha,” who specialized in reserve evaluation in the oil and gas
industry, was hired by “Company A” to evaluate the oil and gas resources of “Company
B” because the two companies were proposing to merge. Engineer Alpha attended a
confidential meeting held by representatives of the two companies in which company
operations, exploration projects, and reserves were disclosed. Using this confidential
knowledge, engineer Alpha purchased 90,000 shares in Company A through his son’s
stock trading account. When the merger was publicly announced, the shares of
Company A almost doubled in price. Engineer
Alpha then sold the shares, making a profit of approximately $28,000.
Investigation, Charge and Penalty
The staff of the Securities Commission investigated allegations that engineer Alpha
had breached the Country Securities Act. During the investigation, engineer Alpha
admitted that he had contravened the Act. Engineer Alpha’s activity is commonly
known as “illegal insider trading,” and it is a violation. Insider trading is contrary to the
public interest and undermines the integrity of capital markets. As a penalty for this
infraction of the Securities Act, engineer Alpha agreed to pay an administrative
penalty of $30,000; to pay $8,000 for the costs of the investigation; and to cease
trading in securities for a period of two years.
His problems did not end there, however. His lapse of ethical judgment caused the
Investigative Committee of the regulator to question his suitability to practise
engineering. A further investigation was conducted under the Engineering and
Professions Act. Engineer Alpha agreed to a stipulated order, so no formal hearing was
necessary. Engineer Alpha voluntarily agreed that his insider trading created a serious
conflict of interest and that he had improperly used confidential information; both
acts were in violation of the Code of Ethics. In accordance with the regulations, he was
reprimanded for unprofessional conduct and ordered to write the Professional
Practice Exam (PPE) within six months. Engineer Alpha passed the PPE, and later
reinstated his professional status

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9. Principles of Ethics and Justice
Engineers are skilled in solving technical problems; however, many technical problems
have ethical consequences. To ensure that solutions are both technically correct and
ethically right, you need a basic knowledge of ethics and justice. Although ethics and
morals both play a role in guiding professional conduct, they do so in different ways.
Morals pertain to the values and beliefs of an individual, while ethics are fundamental
principles shared by everyone.
Engineers are problem solvers. When faced with a technical problem, they solve it
using well-known theorems and laws from mathematics and science. It is reassuring
to know that basic theories also exist to solve ethical problems. These ethical theories
developed over the centuries. Four ethical theories, for centuries, have been
important guides for solving ethical problems. These ethical theories do occasionally
yield different results, so one must apply them carefully. In addition, solutions that are
ethically right in theory may sometimes be unfair in practice; to ensure fairness, we
must apply basic principles of justice.

Ethical Theories
Four theories are well known. They differ significantly, and none of them is universally
superior to the others; even so, it is startling to see how much they are in agreement
when applied to certain ethical problems. Each theory carries the name of its main
proponent. These theories are:

Theory Summary Statement Conflict


Mill’s An action is ethically correct if A conflict of interest may arise
Utilitarianism it produces the greatest when evaluating the benefits,
benefit for the greatest or when distributing them
number of people. The equally. Benefits must not
duration, intensity, and favour special groups or
equality of distribution of the personal gain.
benefits should be
considered.
Kant’s formalism, Each person has a duty Conflicts arise when following
or Duty- to follow those courses a universal principle may
Based Ethics of action that would be cause harm. For example,
acceptable as universal telling a “white” lie is not
principles for everyone to acceptable, even if telling the
follow. Human life should truth causes harm.
be respected, and people
should not be used as a
means to achieve some
other goal.
Locke’s Rights- All individuals are free and It is occasionally difficult to
Based Ethics equal, and each has a right to determine when one person’s
rights infringe on another

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life, health, liberty, person’s rights. Also, people
possessions, and the products occasionally claim self-serving
of his or her labour. “rights.”
Aristotle’s Happiness is achieved by The definition of virtue is
Virtue-Based developing virtues, or occasionally vague and
Ethics qualities of character, through difficult to apply in specific
deduction and reason. An act cases. However, the concept
is good if it is in accordance of seeking a golden mean
with reason. This usually between two extremes is
means a course of action that often useful in ethics.
is the golden mean between
extremes of excess and
deficiency.

Example of Ethical Delema


Professional engineers Smith and Legault are both senior employees, with more than
10 years of experience. They are part of a 10-person team assigned to develop and
test a massive software control system for an electrical power generating plant, which
is under construction. They are good friends and occasionally party together after
work. Smith often takes hard drugs. Legault suspects that Smith has an addiction. The
project manager cautioned Smith for absenteeism on a few occasions, but took no
disciplinary action. Legault occasionally conceals minor errors and “covers” for Smith’s
absences. As a friend, Legault is concerned that Smith’s behaviour will eventually
result in discipline of some sort. Legault is also worried that Smith’s drug abuse is
affecting Smith’s work and that the software may be faulty. Legault has repeatedly
tried to convince Smith to seek treatment, but Smith denies that any problem exists.
Legault hesitates to take any further action because of their close personal friendship.

Today, the control software failed a preliminary test. Legault has checked the data
dump, and it appears that Smith’s coding is the likely cause of the failure. The entire
team is dismayed. Legault faces a dilemma: Should Legault continue to protect Smith
as a friend or should Legault report Smith’s drug use?
Analysis
Faulty software could cause safety concerns, extra costs, and delays. Even if the
software will be fully tested for safety before release, bugs might slip through, and
sloppy coding might cause inefficient operation. Let us apply the ethical theories to
the dilemma.
• Utilitarianism theory: The utilitarian theory balances the risk of harm to the
project and to the public (if Legault does not intervene) against the risk of harm
to Smith’s career (if Legault exposes the addiction). The estimated intensity of
such harm is a factor. If the software fails the final validation test, the project
will be delayed, the employer will suffer a loss, the whole team may suffer, and
Smith’s health problems may become known anyway. Legault’s failure to act

25
may simply have delayed the inevitable and made the outcome worse for
everyone. The utilitarian theory would favour intervention, because the
greatest good, for the greatest number, would outweigh Smith’s potential loss.
• Duty theory: As a friend, Legault has a duty to help Smith overcome the
dependency. Smith has refused assistance. Legault also has a duty to
colleagues, whose jobs may be affected if the project fails. Furthermore,
Legault has a duty to the public to ensure that the software is developed
professionally, runs efficiently, and does not contain hidden bugs. In fact, every
Code of Ethics states that the public interest should come first. The duty-based
theory overwhelmingly indicates that Legault must insist that Smith seek
treatment, even if it means reporting the problem to management.
• Rights theory: Conversely, the rights-based theory would say that Smith’s
health is a private matter. Smith has a right to personal privacy, and Legault
has no right to investigate Smith’s health or to discuss it with anyone.
• Virtue theory : The virtue-based theory would recognize drug dependency as
extreme and undesirable. The virtue-based theory would condemn Smith’s
abuse and, therefore, encourage action to alleviate it.
In summary, examining a dilemma using the four ethical theories usually gives the
right solution. When theories contradict, you must follow the most appropriate
theory. Doing this requires a value judgment, and is therefore subjective.

Justice
When you face an ethical dilemma and your decision agrees with one or more of the
ethical theories above, it is probably right, but is it fair? Curiously, an ethical decision
may be unfair even if it agrees with ethical theories. To avoid unfairness, you must
seek justice. Justice is a state of affairs in which conduct or action is both fair and right,
given the circumstances. In other words, to be just, your decision must be both “right”
(in agreement with the ethical theories and codes of ethics) and “fair.” For our
purposes, we can subdivide justice into the following basic categories.
• Procedural Justice—Fairness in Decision Making: According to a well-known
saying, “Justice must be done, but it must also be seen to be done.” The
decision-making process itself must be fair and must treat those involved with
dignity and respect. For example, consider an unfair process: a supervisor fires
an employee for incompetence, based on rumours from coworkers, without
discussing the reasons with the employee. Even if the employee deserves to
be fired, everyone would see this as an unfair process. In other words, even if
the decision was right, the process was unfair. Fair procedures have evolved
over the centuries based on two principles usually called “natural justice: (1)
the right to be heard and (2) the right to be judged by an impartial person.
These are “natural” principles because they are fundamental and self-evident.
The right to be heard requires that a person must be informed and must be
permitted to defend himself. The right to be judged by an impartial person
requires ethical decisions to be based solely on the merits of the case.
Obviously, a judge or decision maker must be unbiased and must have no
personal interest or involvement in the case. Otherwise, the judge would have
a conflict of interest, and the outcome would be unfair. When a judge (or

26
decision maker) has a conflict of interest, the judge must declare the conflict,
step aside, and turn the role over to an impartial judge.
• Corrective Justice—Fairness in Rectifying Wrongs: When someone harms a
person or damages a person’s property, ethical theories agree that the person
has the right to rectification, replacement, or repair. (In other words, the
person who causes harm or damage has a duty to rectify it.) This is corrective,
or retributive, justice. Tort law, and professional disciplinary powers are
practical applications of corrective justice. Corrective justice also important as
it deters others from similar behaviour.
• Distributive Justice—Fairness in Social Benefits: Distributive justice addresses
this question: How should we distribute the benefits and burdens of our
society? The ethical theories give slightly different rules: rights, duties, and
virtue theories require benefits and burdens to be shared equally, but
utilitarianism requires the greatest good for the greatest number. This
difference may cause conflict. Finally, even if we accept that we should share
benefits and burden equally, what is the fairest interpretation of equality?
Distributive justice is a major concern for professional engineers. We currently
face the environmental problems of pollution, greenhouse gas emissions,
climate change, “peak” oil, and sustainable development. Who benefits and
who carries the burden in these matters? For example, Is it fair for North
Americans to use fossil fuels indiscriminately, when the resulting climate
change over the next few decades will cause sea levels to rise and flood low-
lying countries such as the Netherlands and Bangladesh? Is it fair for the
current generation to consume non-renewable resources inefficiently and
thoughtlessly, thus depriving future generations who may need these
resources desperately for simple survival?

10. Professional Communication


The ability to communicate is important to career success. A competent engineer
must be able to convey ideas to others. Conversely, poor communication may obscure
your technical ability. Therefore, always strive to communicate clearly. If you can
perform the following tasks, you likely have good communication skills:
• Explain technical ideas to colleagues and employers.
• Respond adequately in job interviews.
• Inform, motivate, and persuade others.
• Correspond effectively with people at all levels of your organization.
• Keep professional records and write reports.
• Make oral reports to colleagues and supervisors.
• Speak publicly at meetings, conferences, and conventions.
Few people have total mastery of these skills, but fortunately, anyone who wishes to
improve their communication or language skills can and should be encouraged and
enabled to do so> Digital communication is now widespread and brings new concerns.
These technologies may improve speed and accuracy, and this innovation is welcome;
however, digital communication also brings new legal and ethical risks. We must not
sacrifice accuracy, clarity, or proper legal protection for digital speed.

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11. Computers, Software, and Intellectual Property
Computers are essential for design, visualization, and analysis, and they are
indispensable in manufacturing, exploration, refining, and process control; however,
computers create unique liability issues. For example, if a key engineering decision is
based on faulty computer output, who is liable for the damage that may result? This
section discusses professional liability for computer-generated errors and suggests
some simple procedures for validating computer software.
Computers also create new ethical problems, including vandalism, viruses, and
software piracy. For example, computers make copying rapid and convenient, so they
are ideal tools for copyright infringement.

Liability for Software Errors


Software engineers aspire to high professional standards, but computer programs
occasionally produce incorrect results. Here is the key question: Who is liable if
damage results from decisions based on faulty software? Almost every commercial
computer program includes a disclaimer stating clearly that the manufacturer and
supplier are not liable for any damage arising from the program’s use. Typically, the
disclaimer specifically denies responsibility for direct or indirect damages, including
loss of business profits, business interruption, personal injury, financial loss, and/or
similar losses. In effect, this limits the manufacturer’s liability to the price paid for the
program. This disclaimer shifts the responsibility to the user. The user is responsible
for verifying that results obtained by using software are accurate and acceptable.
The engineer must have a suitable knowledge of the engineering principles involved
in the work being conducted and is responsible for the appropriate application of
these principles. When using computer programs to assist in this work, engineers
should be aware of the engineering principles and matters they include and are
responsible for the interpretation and correct application of the results provided by
the programs. Engineers are responsible for verifying that results obtained by using
software are accurate and acceptable. Given the increasing flexibility of computer
software, the engineer should ensure that professional engineering verification of the
software’s performance exists. In the absence of such verification, the engineer should
establish and conduct suitable tests to determine whether the software performs
what it is required to do. Clearly, all these guidelines hold the user responsible for
verifying that the software is operating properly. The user must therefore test or verify
the software before using the computer output in engineering design. Such tests,
typically called validation tests, require independent calculations. Validation tests will
vary, depending on the type of analysis and on whether the software was developed
in-house (by the user) or was commercially purchased.
Many engineers and geoscientists use large commercial software packages for
highly specialized analysis. A PEO guide for using commercial software issues
the following warning:

Using of Commercial Software


In many cases, software provides complete design information and can produce
complete drawings with no operator interaction beyond inputting initial conditions.

28
Professional engineers are responsible for all aspects of the design or analysis they
incorporate into their work, whether it is done by an intern, a technologist or a
computer program. Therefore, practitioners are advised always to use the data
obtained from commercial software judiciously and only after submitting results to a
vigorous checking process. All practitioners must have an acceptable knowledge of
and experience in the principles involved in all the work they undertake. In larger
organizations, software choice, testing and verification might be undertaken by other
qualified people rather than by every practitioner. In these organizations, a
practitioner need only assure themselves that such corporate practices exist and are
responsibly executed and documented.
Of course, even flawless software can be misused—in fact, users often introduce
errors—so professionals must be alert. For example, users may
• use incorrect units for data input,
• apply the program to the wrong problem, unsupported by the program theory
(such as using a program intended for planar analysis in a 3-D application),
• set erroneous parameters (such as integration parameters) that result in
insufficient computational accuracy,
• not understand the output display, and/or much more. In fact, users are
notorious for misunderstanding software written by others.

To use commercial software properly, the first step is obvious: read the
documentation. Introductory tutorials provided by the software developer are very
useful and should be attended religiously. If questions arise, consult the developer’s
“help desk.” Do not use software if you have doubts or unanswered questions.
In addition, you should always test new software to validate it. Never assume that
commercial software “must be right.” If a major technical project fails because of
software errors, the first question you can expect a lawyer to ask you is this: What
tests did you perform to ensure that the software was operating properly? If possible,
validation should involve running at least the first three of the following tests, which
are discussed roughly in order of increasing effort or complexity. In cases where failure
could lead to injury, death, or serious financial or environmental disaster, doing all the
validation tests is essential. If the software fails any of the following tests, ask why,
and don’t go ahead until you have full confidence in the software.
• Dummy runs: Run a basic check on the program’s computation, using nominal
entries such as zeroes or ones, to get a known answer. For example:
- If zero loads are applied to a structure, the stresses calculated should be zero.
(Similar results apply to electrical, thermal, pneumatic, and hydraulic
programs.)
- If a file of identical numbers is input to an averaging program, the calculated
mean, median, and mode must equal that number, and the standard
deviation must be zero.
- If an input file for a previous analysis program is fed to a new program
(assuming that it is compatible), the programs should give the same output.
These tests are a necessary (but not a sufficient) condition for validity. In other words,
software that fails these simple tests is definitely unreliable, but passing the tests does
not guarantee its validity—more advanced analytical or theoretical tests are needed.

29
• Approximate analytical checks: Imagine a simplified configuration of your
computer model that can be analyzed mathematically. Apply analytical
calculations to the simpler model, find an approximate answer, and compare it
with the computer output. For example, a finite-element model of a complex
structure can almost always be decomposed and approximate by simple beam
and column equations. Take a most optimistic estimate and a least optimistic
estimate and apply the analytical equations to each. The computer output should
lie between these boundaries. This is a standard method of checking. These tests
are fairly quick; the results are approximate but reassuring, although not totally
conclusive.
• Independent theoretical checks: Make analytical computations using an
independent theoretical basis. For example, dynamic simulations use numerical
integration, but the integration can be checked by applying the laws of
conservation of energy and momentum to the initial conditions and the final
answers. Where such tests are possible, they are very convincing.
• Advanced methods: Clever and creative analysts can easily develop more
advanced validation tests that are unique to the discipline or specialty.
• Complete duplication: A full-scale duplication of the computation, using different
software, hardware, and input files, is convincing validation. This check is
expensive, but it validates almost everything—input data, theory, and
computation.
In summary, computer software is like any other tool: it must be used properly, and it
must be calibrated (or validated).

Copyright, Patents, Designs, and Trademarks


The term “intellectual property” includes copyright, patents, industrial designs,
“integrated circuit topographies” (or computer circuit designs), and trademarks. All of
these forms of intellectual property are valuable, and they may be bought, sold, or
licensed like any other property. Intellectual property is different only because the
ownership period is limited. When ownership ends, the intellectual property enters
the public domain (except for trademarks, which may be extended).
The Patent and Trademark Office (PTO), or similar agency, solely manages intellectual
property in a country. In particular, PTO maintains a database that can be searched.
When intellectual property is registered with PTO, it is entered in the PTO database,
for example, book title, patent description, identifying features, or drawings.
The basic reasons for regulating intellectual property are to encourage creativity by
protecting the rights of creative people and to provide an orderly way to exchange
and improve creative ideas. International laws protect the rights of people who create
intellectual property (for a specified period) so that good inventions and creative
works will be disclosed to the public. When the protection ends, the works may be
used by anyone. Professionals need a basic knowledge of intellectual property law
because:
• professional engineers must be able to protect the intellectual property they
create (or that is created under their direction);
• everyone must know their rights, respect the rights of others, and avoid
infringement; and

30
• intellectual property is a huge warehouse of ideas, technical knowledge, designs,
and inventions that are freely available from TPO. Anyone can search the TPO
databases for existing patents, trademarks, and designs, and this information is
very valuable in research, design, and marketing.
The following Table lists the various forms of intellectual property and how they are
protected in Canada by Canadian Intellectual Property Office CIPO.
Copyright Protects: All original written literature, books, pamphlets, and
artistic, dramatic, and musical works, including computer programs,
original drawings, paintings, sculptures, and works
of art.
How obtained: Copyright exists immediately, upon creation of the
work. Registering the copyright with TPO improves protection but is
optional.
Duration: The life of the author/creator, plus 50 years. Mechanically
or electronically copied works (films, photos, recordings, etc.) are
limited to 50 years.
Patents Protects: New, useful, and innovative devices, machines, processes,
or compositions of matter (or improvements to existing inventions).
A patent protects the way something operates or how it is made.
How obtained: A CIPO patent must be granted to obtain protection.
Duration: 20 years, non-renewable.
Industrial Protects: The shape, configuration, pattern, or ornamentation
Designs applied to a finished article, made in quantities by hand, tool, or
machine. An industrial design protects the appearance or
ornamentation. (Note that well-known industrial designs may also
qualify as trademarks.)
How obtained: CIPO registration gives full protection.
Duration: 10 years, non-renewable.
Integrated Protects: The patterns or configurations of components in
Circuit integrated electronic circuits, including the three-dimensional
Topographies geometry of the layers of semiconductors, metals, insulating layers,
and other materials on a circuit board or sub-layer, which produce a
known electronic function.
How obtained: CIPO registration gives full protection.
Duration: 10 years, non-renewable.
Trademarks Protects: Logos, symbols, slogans, names, or designs (or any
combination of these) used to identify a company's goods or
services in the marketplace.
How obtained: CIPO registration gives full protection.
Duration: 15 years, renewable indefinitely for 15-year periods.
Trade Secrets Protection is uncertain: Manufacturing processes or
material compositions may be kept secret, but secrecy
contravenes the principle that rights are awarded for full
disclosure, so no legal protection exists for trade secrets.
If someone independently discovers your secret, the person
may patent it and prevent you from using it.

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12. Sustainability
In 1987, the Brundtland Commission of the United Nations defined sustainable
development in its report Our Common Future: “Sustainable development is
development that meets the needs of the present, without compromising the ability
of future generations to meet their own needs”.
Paul Hawken, in The Ecology of Commerce, defined sustainability as: “Sustainability
can also be expressed in the simple terms of an economic golden rule for the
restorative economy: leave the world better than you found it; take no more than you
need; try not to harm life or the environment; make amends if you do”.

History of Sustainable Thinking

silent spring: In 1962, Rachel Carson described the dangers associated with pesticides
in her book Silent Spring. Carson, a trained biologist, was trying to explain why
songbirds did not return in the spring from their winter migration. She discovered that
bird populations were dying because pesticides were being applied indiscriminately.
Her book led to recognition that indiscriminate use of agricultural chemicals could be
hazardous to bird, fish, animal, and human life. In our current terminology, such use
was unsustainable.

The limits to growth: The Club of Rome, an organization concerned with the problems
of humankind, published a report in 1972 titled The Limits to Growth, which warned
that uncontrolled human activity had the potential to make our planet uninhabitable.
The report described a very early computer simulation of human behaviour. In brief,
the model showed that the 1972 lifestyle was unsustainable. The simulation, although
naive, encouraged further research in sustainability.

The UN Stockholm conference: In 1972, the United Nations, at the urging of Sweden,
convened an environmental conference in Stockholm attended by delegates from
more than 110 countries. The Stockholm Conference was a turning point in public
awareness and attitudes toward the environment. The conference ended with a
Declaration of 26 environmental principles, an Action Plan with 109
recommendations, and a Framework for environmental action.

The Brundtland report: In the following decade, the United Nations created the
Brundtland Commission to investigate growing concerns about the environment. In
1987, the Brundtland Commission issued a report titled Our Common Future. This
report defined the concept of sustainable development and proposed that industrial
development must not impair the ability of future generations to enjoy equal
prosperity. The Brundtland Report still guides the philosophy of sustainability.

IPCC reports: In 1988, the World Meteorological Organization (WMO) and the United
Nations Environment Programme (UNEP) established the Intergovernmental Panel on
Climate Change (IPCC). The IPCC is composed of scientists and experts from many
countries. IPCC reports involve many researchers, with the goal of being
comprehensive, scientific, and balanced. The IPCC does not conduct the research
itself, but monitors world research on climate change, as well as its causes, its
32
consequences, and how to reduce these effects or adapt to them. IPCC reports are
guiding documents for discussing global warming and climate change. The IPCC
released its Fifth Assessment Report in 2014, as discussed later in this chapter.

Montreal Protocol: The Montreal Protocol on Substances That Deplete the Ozone
Layer was signed in 1987 to take effect in 1989.8 The purpose of the Montreal Protocol
is the eventual elimination of chlorofluorocarbons. These compounds, commonly
called “freons,” are effective refrigeration gases, but they interact with ozone.
Although ozone is a pollutant at ground level, a layer of ozone in the stratosphere
filters out harmful ultraviolet rays. The ozone layer is essential to life on Earth, but
freons destroy it. Fortunately, the Montreal Protocol has been remarkably effective in
restoring the ozone layer, and scientists predict that it will return to normal in a few
decades.
The Earth Summit in Rio: In 1992, an “Earth Summit” was held in Rio de Janeiro, Brazil,
where 165 nations, including Canada and the United States, voluntarily agreed to
reduce greenhouse gas (GHG) emissions, the main cause of global warming and
climate change. This agreement, called the UN Framework Convention on Climate
Change (UNFCCC), set a goal of reducing GHG emissions to 1990 levels by 2000. The
goal was not achieved.

The Kyoto Protocol: In 1997, more than 160 countries met in Kyoto, Japan, to
negotiate new GHG emissions targets. Over 80 countries agreed to reduce their GHG
emissions to an average level of 5.2 percent below 1990 levels by the year 2010. Each
country was allotted a different target.

Bali roadmap: In 2007, the UNFCCC adopted the Bali “roadmap,” which established a
process for negotiating a post-Kyoto, international agreement on climate change to
take effect in 2012. Intensity-based targets require a decrease in emissions per joule
of energy consumed but permit total emissions to increase.

Paris agreement: In 2015, the 195 UNFCCC member states adopted the Paris
Agreement, the aim of which was to reduce future GHG emissions and limit the
increase in the global average temperature “to well below 2 degrees Celsius above
pre-industrial levels.” All nations, whether developed or developing, must report
every two years on their mitigation efforts, resulting in a “name-and-shame” system
of enforcement.

33

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