Legal Ethical Issues 051710

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Legal and Ethical Issues inEngineering Design

S. Laguette

ME 153 Spring 2010

May 17, 2010


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Legal and Ethical Issues in

Engineering Design

Why Study Engineering Ethics

Product Liability Defining Engineering Ethics

Moral Dilemmas

Codes of Ethics Solving Ethical Conflicts


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Engineering and morality is complex

Ethical reasoning may have graveconsequences

Improve our ability to deal with moral

complexity in engineering

Reason more clearly vs. establishing any

particular beliefs


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Our goal is to establish a moral autonomy

Self-determining Independent

Improve various practical skills


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Proficiency in recognizing moral problems andissues in engineering

Skills in comprehending, clarifying, and criticallyassessing arguments on opposing sides of moralissues

The ability to form consistent and comprehensive

viewpoints based on consideration of relevant facts Imaginative awareness of alternate responses to the

issues and receptivity to creative solutions forpractical difficulties


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Increased precision in the use of a common ethical

language

Sensitivity to genuine difficulties and subtleties

An awakened sense of the importance of integrating

ones professional life and personal convictions

Enriched appreciation of rational dialogue and theneed for tolerance of differences


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Typically Engineering Ethics is addressed by

discussion of case studies or examples


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Typical ethical situations

would be:

Signing and approving

drawings

Approval of parts

Design activities End product use


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Shunt Siphoning

When the patient is

reclined, the valve is

allowed to react to the IVP

at the inlet due to the

absence of distal catheter

pressure.

When upright, gravity acts

on the fluid filled distal

catheter creating a siphon

effect.


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Delta c hamber: Over drainage protec tion


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Product Liability

Product liability refers to the legal action bywhich an injured party seeks to recoverdamages from personal injury or propertyloss from the producer or seller of product.

In product liability law, the seller is liable fornegligence in the manufacture or sale of anyproduct that may reasonably be expected tobe capable of inflicting substantial harm if it isdefective.


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Product Liability

Negligence in Design is usually based on one ofthree factors:

1. That the manufacturers design has created aconcealed danger.

2. That the manufacturer has failed to provideneeded safety devices as part of the design of the

product.3. That the design called for materials ofinadequate

strength or failed to comply with acceptedstandards.


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Product Liability

The following aspects of the Design Process should be

emphasized to minimize product liability:

1. Strict adherence to industry or government

standards

2. Testing and design modified to remove potential

cause of failure.

3. Emphasis on Quality Engineering.

4. Warn users of any hazards of foreseeable misuses


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Product Liability

5. Documentation of the design, testing and quality

activities

6. Design of warning labels and user instruction

manuals

7. Create a means of incorporating legal developments

into the design decision process

8. Formal design review before the product is released

for Production


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Defining Engineering Ethics

Engineering Ethics is the study of the moral

values, issues, and decisions involved inengineering practice.

What are moral values?

What is morality?


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Moral Dilemmas

Moral reasons are many and varied, and

they frequently come into conflict, creatingmoral dilemmas.

Moral dilemmas are situations in which two

or more moral obligations come into conflict.


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Moral Dilemmas

Steps in Confronting Moral Dilemmas

1. Identify the relevant moral factors and reasons.

2. Gather all available facts

3. Rank the moral considerations

4. Consider alternative courses of action

5. Seek alternative perspectives from colleagues6. Arrive at a carefully reasoned judgment weighing all

relevant moral factors


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Codes of Ethics

The American Society of Mechanical Engineers

THE FUNDAMENTAL PRINCIPLES

Engineers uphold and advance the integrity, honor, anddignity of the Engineering profession by:

1. using their knowledge and skill for theenhancement of human welfare;

2. being honest and impartial, and serving with

fidelity the public, their employers and clients, and3. striving to increase the competence and prestige

of the engineering profession.


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Codes of Ethics

THE FUNDAMENTAL CANONS Engineers shall hold paramount the safety, health

and welfare of the public in the performance of theirprofessional duties. Engineers shall perform services only in the areas

of their competence. Engineers shall continue their professional

development throughout their careers and shallprovide opportunities for the professionaldevelopment of those engineers under theirsupervision.


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Codes of Ethics

Engineers shall act in professional matters for eachemployer or client as faithful agents or trustees,

and shall avoid conflicts of interest. Engineers shall build their professional reputations

on the merit of their services and shall not competeunfairly with others.

Engineers shall associate only with reputablepersons or organizations.

Engineers shall issue public statements only in anobjective and truthful manner.


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Solving Ethical Conflicts

You will more than likely face at least one

ethical dilemma over the duration of yourcareer.

How you handle the ethical conflict may

define or significantly impact your career.

Ethical decision making is not easy.


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Solving Ethical Conflicts

Seek to resolve your moral dilemmas

Seek resolution within the organization Seeking resolution outside of your

organization is usually called whistleblowing.


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References

1. Schinzinger, R. and Martin, M. Introduction

to Engineering Ethics. McGraw-Hill, SanFrancisco, 2000

2. Code of Ethics of Engineers from The

American Society of Mechanical Engineers

(ASME)

Legal Ethical Issues 051710

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