ETHICSTONY NETTLEMAN

Instructor

www.cnettleman.net charles.nettleman@gmail.com

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THE FIVE PRINCIPLES OF ETHICS

AUTONOMYAUTONOMY IS THE PRINCIPLE THAT ADDRESSES

THE CONCEPT OF INDEPENDENCE• Allow the client to make their own decisions based on their own

values• Encourage your clients to listen to your recommendations but

make their own decisions• Always encourage your clients to fully understand how their own

decisions will affect others• Persons not able to make their own decisions should not be

allowed to act autonomously

SPECIFY REASONABLE ALTERNATIVES

•State options at each stage•Both good and bad consequences• Include all affected persons

PROFESSION• A vocation or occupation requiring special, usually

advanced, education and skill; e.g. law or medical professions. Also refers to the whole body of such profession (Black’s Law Dictionary, 5th ed.)• The labor and skill involved in a profession is

predominantly mental or intellectual, rather than physical or manual (Black’s)• The term originally contemplated only theology, law,

and medicine, but as applications in science and learning are extended to other departments of affairs, other vocations also receive the name, which implies professed attainments in special knowledge as distinguished from mere skill (Black’s)

VOCATIONOne’s regular calling or business; one’s occupation or profession. The activity on which one spends major portion of his time and out of which he makes a living

MAGAGHIEHIS DEFINITION OF PROFESSIONALISM

Someone that solves complex, open‐ended problems by defining elements and boundaries of the problem

DEFINITIONS OF RESPONSIBLE CHARGE• The scope of responsible charge varies widely from state to state• Some states spend several paragraphs clearly defining the surveyor’s responsibilities, while others merely use general terms• Many states have adopted the language of another state, word for word

• A key difference in language is whether the licensed surveyor is in direct or indirect supervision of other staff• Another major difference from state to state is whether the surveyor is liable for actions that occur under his responsible charge

ALABAMA

RESPONSIBLE CHARGE

Direct control and personal supervision of engineering work or land surveying work

MAINE

RESPONSIBLE CHARGE

"Responsible charge" means direct control and personal supervision of land surveying

TECHNICAL SUPERVISION

The "supervisor" is responsible for prescribing procedures, methods, materials, and formats as a technical expert in a specialty. She/he may produce or approve specifications, guides, lists, or directions. She/he may give direction to employees, but usually on "how" and "why" and does not assign tasks or observe and evaluate performance. Technical supervision is related to an occupational specialty or function, not to specified employees

A practitioner bid the cost on a project knowing that changes would allow the practitioner to recoup profit by overcharging for the extra work. Is this a violation of ethics?

SITUATION #5

LIABILITY

DUTYUnder tort law, the plaintiff must show that the defendant owed the plaintiff a duty of reasonable care

PROXIMATE CAUSE•This determination is all about foreseeability

•Was the type of injury to the plaintiff foreseeable?

•Defendant runs a red light and kills Plaintiff. Plaintiff’s family sues. Was it foreseeable that if Defendant ran the light, a fellow motorist would be killed?

KEY POINTS•Stamping John’s work is unethical because…..•You are responsible for the work you seal•Misrepresenting the identity of the signed may put the public at risk• It allows your employer to not hire a professional surveyor for the Centerville office is unethical and dangerous•You are clearly subject to Board discipline