MNG 425.

2 Professional Practices

Chapter 6: Case Studies Involving Professional Ethical Issues Chosen from a Wide Range
of Topics (9 hr)

Note to the students: As the title of the chapter suggests, the case studies can be taken from a
wide range of topics. Hence the students are suggested to download case studies related to
professional ethical issues from the internet and study them to understand the details. A good
article for background information on using case study as a means of studying professional
ethical issues in engineering is Teaching Engineering Ethics: A Case Study Approach by
Michael S. Pritchard.

For a general idea on what is expected by the Pokhara University from the students after
completing this subject, please refer to the old final examination questions.

Many ethical problems are encountered by engineers in the course of their professional life.

Ethical cases may involve

• Public safety: prevention of and protection from events that could jeopardize the
safety of the general public from significant danger, injury, harm, or damage, such as
crimes or disasters (natural or man-made).
• Bribery: Act of implying money or gift given that alters the behaviour of the
recepient.
• Fraud: Intentional deception made for personal gain or to damage another person.
• Environmental protection: Practice of protecting the environment
• Fairness: Being free from bias or injustice
• Honesty in research and testing: Avoiding falsification of data, adoption and
reproduction of another author without due acknowledgment, etc.
• Conflicts of interest: Occurs when an individual or an organization involves in
multiple interests

Issues of Engineering Ethics can develop from:

Bribery and Extortion
Codes of Ethics
Employer/Employee Relationships
Environmental Ethics
Expert Witness
Intellectual Property
Product Liability
Professional Responsibility
Public Safety
source: http://ethics.iit.edu/eelibrary/?q=node/2395 (accessed: April 13, 2013)
6.1 Intellectual Property Rights: Copyrights and Patent Protection
Sample self study material:
North Carolina State University document on Intellectual Property.

ABSTRACT
The aim of this study is to find the relationship between software intellectual property rights (IPRs) and the
performance of software firms in South Korea. In order to measure the performance of software firms, we
employed the concept of efficiency of data envelopment analysis (DEA). With measured efficiency, we
use tobit regression to investigate which IPR has a stronger effect on efficiency. The empirical results
show an obvious tendency: the average efficiency of software firms having any kind of software IPR is
higher than that of firms not having them. Moreover, the results of tobit analysis show that both software
copyrights and patents have a positive effect on the performance of software firms, and that the effect of
patents is higher than that of copyrights.
Source: http://ieeexplore.ieee.org/xpl/articleDetails.jsp?reload=true&arnumber=4668125
Accessed: April 13, 2013

6.2 Personal Privacy and Large Computerized Data Bases

Sample self study material:
 Security of Computerized Patient Record
 Computer Technology to Balance Accountability and Anonymity in Self-
regulatory Privacy Regimes,
http://www.ntia.doc.gov/page/chapter-5-technology-and-privacy-policy

6.3 Industrialization versus Protection of the Environment

Sample self study material: Case study of Suppressed Data, in Engineering Ehics1.pdf
Obligation towards institution/employer and obligation to protect environment for the
public safety; Whistle blowing

6.4 Risk/Benefit Considerations in Public Transportation

Sample self study material:
 Engineers, Ethics and Sustainable Development
 Case study of Love Canal
 Teaching Engineering Ethics: A Case Study Approach by Michael S. Pritchard

6.5 Engineers and the Military

Sample self study material: Ethics education for the military engineer, by Mark L
Nowack

6.6 Science and Technology for Medicine

Sample self study material: Security of Computerized Patient Records

6.7 Engineers in International Development

Code of Conduct of Engineers without Boarder
Engineers without Boarder-International: http://www.ewb-international.org/
Sample self study material: Engineering: Issues, Challenges and Opportunities for
Development, UNESCO Publication, Section 4.6, Engineering Ethics and
Anticorruption, p 184-196
 Accepting Gifts and Amenities (Texas A&M University, Ethics Cases)
There is general agreement that bribery is wrong, but one must still decide where to draw the line
between offering or accepting ordinary hospitality and a bribe. Based in part on actual events, the
hypothetical case study from chemical engineering services was developed as a casuistry case to
examine where to draw the line between acceptable hospitality and bribery.

Tom was named the department manager of a large new chemical processing unit to be designed
and constructed. During the course of his work, Tom suggested to the project designer an
alteration to the design that considerably improved safety. After Tom's suggestion has been
successfully implemented, Tom was offered a very nice fishing trip to South America. Should Tom
accept the fishing trip?

Source: http://www.onlineethics.org/Resources/Cases/gifts.aspx (accessed: April 13, 2013)

Computer Encryption Software

Author(s): Jeremy Hanzlik
Texas A & M University College Station, TX 77843

Introduction

Greg is a recently hired software engineer who has been recruited directly out of college. For his
first assignment, Greg's boss asked him to write a piece of software to provide some sort of
security from "prying eyes" over emailed documents; these documents would be used internally by
the company. This software will subsequently be distributed to different departments.

Upon completion of his software project, Greg saw a program on the local news about an individual
in California who has made similar software available overseas. This individual is currently under
prosecution in a federal court for the distribution of algorithms and information which (by law)
must remain within the United States for purposes of national security.

It occurs to Greg that his company is a multinational corporation (MNC) and that the software
might have been distributed overseas.

Greg discovers that the software has indeed been sent overseas to other offices within the
corporation. Greg speaks with his boss, informing him of the program from the night before.
Greg's boss shrugs off this comment, stating that "The company is based in the United States and
we are certainly no threat to national security in any way. Besides, there's no way anyone will find
out about software we use internally."

Greg agreed with his boss, and let it go. Later on however, Greg received a letter from a
gentleman working as a contractor for his company overseas. Through some correspondence
regarding the functionality of the software and technical matters, Greg learned the Middle Eastern
office had been supplying his software outside the company to contractors and clients so that they
could exchange secure emailed documents.

Questions on Ethics and Professionalism

1. What are Greg's ethical responsibilities as the designer of the software? To his company? To
himself? As a citizen?
2. Rank these responsibilities along with a brief explanation as to why you made your decisions. Ties
are allowed.
3. Write a proposal that would satisfy as many of Greg's obligations as possible. Explain why this is
his best course of action.
4. (For class discussion) Should a software engineer think about the implications of the material he or
she develops?

Source: http://www.onlineethics.org/Resources/Cases/encryption1.aspx (accessed: April 13,

2013)
 Old Exam Questions from Chapter 6

1. A number of cracks, structural as well as settlement appeared in a building designed by

an engineer within two years of its completion. Municipality had approved the design and
drawing. Later it is found that without any soil investigation, structural design and
detailing of reinforcement report had been prepared during the construction of the
building. (20)
i. Discuss the position of the house owner.
ii. The engineer’s role.
iii. The role of the Municipality

2. Dharm Nath Sharma has designed a single storied residential building as per client’s
(Tapendra Sharma) requirements. Construction of the building completed in 2004 and the
building worked well. In 2006, the client decided to add two more floors so as to use the
floors as class rooms for tuitions. For this new work, the design was prepared by
Architect Sima Shrestha and it was approved by Kathmandu Municipality also. The
construction completed on 2008.
After completion of this construction, the client rented both the floors for garment
factory. Workers worked from early in the morning to late night .After few months, local
people opposed it saying that they are producing noise till late night and it created
problems for the children. Due to conflict between garment owner and local people, the
environment of that area became worse. Local people suggested to the garment owner to
close the factory after 6 P.M. but garment owner and Tapendra did not listen them. Local
people closed the factory and nearly 20 workers whose economic condition is very poor,
lost their job.
Furthermore, house owner noticed cracks on ceiling and walls .The house owner made a
claim against garment owner demanding compensation of Rs. 5 lakh which was the
estimated repair and maintenance cost of the building and loss suffered by him.
Questions:
a. Do you think it is ethical to add two more floors on the already designed single
storied residential building? [5]
b. Discuss Sima Shrestha and Kathmandu Municipality’s position with duty and
negligence. [5]
c. In your opinion, How the conflicts can be resolved? [5]

3. Mr. Ram Lal Sharma is an electrical engineer. He designed an electrification work for
Electronics Department of Pulchowk Campus. The design was done for 15 staff rooms.
Two years later, the department decided to establish a departmental library and for this
purpose, partition walls of 3 rooms were dismantled and made them one big hall to use as
library reading room. The illumination for the hall was found inadequate to read in the
evening. (TU, 2055)
Questions:
a. Discuss the position of Ram Lal Sharma? Do you think, he is responsible for the
inadequate illumination to read in the evening? If not, then who is responsible for such
problem? Explain with the reference of duty and negligence? [8]
b. As an electrical engineer, suggest to Electronics Department of Pulchowk Campus to
solve this problem. [7]
4. A plan for more efficient use of the Earth's natural resources will feed into the EU's
common goals on climate change, energy, transport, raw materials, agriculture, fisheries,
biodiversity and regional development.
The plan is part of Europe 2020, the bloc’s strategy for sustainable growth and jobs. As
well as conserving basic resources like clean air, water, land, forests and food, the EU
wants to promote the reuse and recycling of minerals and metals, essential for a modern
economy. This will help boost efficiency, productivity and competitiveness. Companies
that efficiently use raw materials, water and other manufacturing inputs for their products
are able to cut costs, helping them to become more competitive.
Some industries are already innovating and reaping the rewards. For example, cement
manufacturers are starting to use alternative fuels, raw materials and recycled waste to
reduce CO2 emissions, energy costs and waste.
In Hungary, 56 companies have introduced environmentally friendly innovations that
have saved them €59 Million. In the Netherlands, a chemical company that was
consuming 9.9 Million liters of freshwater a day switched to household wastewater,
allowing it to use 65% less energy and 500 tones fewer chemicals a year. It has also cut
its greenhouse gas emissions by 5,000 tones.
Encouraging resource efficiency will be a guiding principle behind measures the EU is
planning on a low-carbon economy, energy efficiency, transport, agriculture, fisheries and
biodiversity. These efforts will in turn encourage innovation and reduce the EU's
dependence on imports. The EU will also propose action on commodity markets and aims
to ensure a secure supply of raw materials.
These measures are essential to the EU's economic well-being as China, India and other
countries develop their economies, increasing global competition for scarce resources and
driving up prices. The EU’s construction, chemicals, automotive, aerospace, machinery
and equipment sectors, which employ 30 million people, all depend on access to raw
materials.
Questions:
a. What is sustainable growth? How it helps to improve efficiency, productivity and
competiveness? [8]
b. With suitable examples, briefly explain how innovative idea in companies and industries
reduce costs and protect environment? Give suitable examples. [7]

5. As a consulting engineer you were asked to monitor a water supply project financed by an
NGO and handled by local water users committee at Gulmi district. The project was to be
completed by the end of May, 2010; otherwise the donor would stop the payment. When
you visited the site at the middle of May, you found that the project was not completed.
The users committee requested to submit the completion report so that they could finish
the work after sometime and will be beneficial to 100 household of the project.
Answer the following questions. [15]
a. In your opinion, who is/ are responsible to finish the project in time?
b. Do you think, the local users committee must be reformed?
c. Water is basic need for the people. As an engineer, what is your role to continue
the project and to finish it in time?

6. The Changunarayan Temple, which is enlisted in the World Heritage Sites List, is at high
risk after landslides occurred on the east and west sides of the temple on Wednesday
following incessant rains. According to the priest at the Temple, Chakradharanand
Rajopadhyaya, the landslide has reached near Chandra Surya shrine on the west side of
the Temple. Rajopadhayaya complained that no bodies concerned have shown any
 interest to protect the Temple when it is at high risk of landslide. Locals said this situation
came about with the failure of the local administration to stop the rampant mining of sand
and stones from the Manohara stream going on since long.

At first, sand smuggling at the Manohara stream should be stopped to save the Temple
from the risk of landslide, said Rajopadhayaya. Ms. Aruna Nakarmi, Chief of the
Department of Archeology and Palace Management Office, Bhaktapur, said they have
been informed of the landslide and they would inspect the area on Friday. Central Office
of the Department of Archeology has asked its local office to submit a report on the
extent of the damage to the Temple structure caused, which they will submit after
monitoring the area, said Nakarmi.
 Discuss the situation of the parties involved in this case. [15]

7. Read the case carefully and answer the question given:

Contractor of a road construction project (RCP) sponsored a 5-day-training to the
Department of Road’s Engineer Mr. Dhruba Raj Sharma to be held at New Delhi. Mr.
Sharma is a site engineer of that RCP.
Question:
Assume that you are Mr. Sharma, the site engineer of RCP. Do you participate in the
training to be held at New Delhi? Explain clearly taking adequate reference why or why
not? Also discuss the possible issues associated with this event.

8. During quality control visit in a remote village, it has been found that a building is being
constructed on the bank of a river and it will be damaged due to flood. Approximately
25% of the construction was completed. The survey was done by your friend with the
consent of the local people. However, the quality of construction was as per the
specification. Your job is limited to control the quality of building only. Discuss the case
and recommend your views on whether to continue the construction or not.

9. A student got NQ in the ABC subject and barred him to seat in the final exam conducted
by the university. The students claimed to the teacher that he didn't find the opportunity to
make up this NQ giving the betterment exam. Student threats teacher and teacher felt
uncomfortable to continue the classes' keeping such tension on the mind. How can you
judge the role of student and teacher in this case?

10. A client came to a designer and asked to design a multistoried building. The soil type of
the proposed site was found not suitable for that type of structure. The designer hesitated
to design the building. The client said that he actually was not going to build that
structure. He wanted to collect money from outside sources showing that designed as a
proposal for his venture and wanted to utilize that money in other business. Explain the
roles of the client and the designer in the perspective of professional ethics. (PU 2003)

11. Top Engineering College (TEC), a government organization, wanted to install

management information system (MIS) software at TEC to increase its efficiency and
enhance quality education. TEC asked Er. Sabhasad Bahadur (SB), a full time TEC
teacher and a part time software developer at Sosoft Consult, to prepare a detailed
technical specification and to publish a tender notice. TEC’s technical evaluation
committee, headed by Er. SB, awarded highest mark (99 out of 100) to Sosoft’s technical
proposal. Sohard Consult’s proposal scored the high mark in overall evaluation (technical
plus financial), but Er. SB recommended the TEC management to select Sosoft for the
 MIS project. Before any decision was made, Sosoft increased the warranty period and
expressed readiness to negotiate price of MIS if annual maintenance contract is also
awarded to them, which was a very attractive offer for TEC.

You are the decision maker at TEC. Analyze the situation carefully and prepare a list of
options along with potential consequences of each, and make a decision with appropriate
justification.

12. Engineer Mohit was appointed as an engineer by District Development Committee

(DDC) of Nuwakot. He was assigned an alignment survey for a proposed road connecting
A VDC to B VDC. He went for alignment survey and completed his task. During survey,
he used his professional skill and knowledge. After alignment survey, a group of Peoples’
Hooldanga Party (PHP) protested at DDC stating that (a) Engineer Mohit has touched his
5 Ropanis of land through proposed road alignment to increase value of his land and (b)
Engineering Mohit also included in his alignment survey a small piece of land of Mr.
Ranabir because of his personal conflict with Ranabir some 10 year ago. On these ground
the alignment survey shall be discarded and need a survey and also need to take action
against Engineer Mohit.
Question: Using adequate reference
a. What Er. Mohit should have done?
b. What DDC should do?

13. Read the case carefully and explain clearly, taking adequate reference, who should be
liable.
a. The plaintiff was a factory worker in the defendant's factory. The factory become flooded
and management did every possible to remove the effects of the flood. However the
factory floor was still slippery from the flood. The plaintiff who was walking on the floor,
fell and suffered injury. He sued the defendant in the tort of negligence.
b. The plaintiff, who had only one good eye, was employed by the defendant. The defendant
failed to provide goggles to the plaintiff for his work. While working, the plaintiff injured
his one good eye and sued his employer.
c. Two appellants were cooks employed by the respondent in the respondent's restaurant.
They suffered severe burns on 13 March 2009 when an explosion occurred in the
restaurant kitchen because of a defective gas cylinder.
14. A fresh engineering graduate (Engineer A) with a specialization in water resources,
looking for a job is approached by a senior engineer from the Department of Groundwater
Development (DoGD). The DoGD engineer asks Engineer A to conduct a district wide
study of the inter-linkage between groundwater and surface water at Rupandehi District,
Nepal and also provides a sample of a report to be produced as the end product of the
study. Engineer A finds that the sample report is based on a superficial study, with all the
related data taken from western countries, and requests for permission from the DoGD
engineer to visit the site and collect field based data. The DoGD engineer refuses, saying
that the budget to complete the study is very low, asks Engineer A to prepare the report
with data taken from text books or other reports and assures that Engineer A will not face
any problem since the contract to conduct the study was obtained by a consulting
company registered in the name of the DoGD engineer’s spouse, and the DoGD engineer
himself is responsible to check the quality of the report.

Answer the following questions with appropriate justification.

i. Is it moral and ethical for Engineer A to accept the assignment and follow the
suggestions of the DoGD engineer?
ii. Should Engineer A do his/her best and use data from other reports and text books
to prepare the report?
iii. Should Engineer A refuse to accept the assignment?
iv. Should Engineer A accept the assignment, collect the relevant documents from the
DoGD engineer and then report the case to CIAA?
v. Will Engineer A face any problem if he/she just follow the suggestions of the
DoGD engineer?
Sample Case studies: A client came to a designer and asked to design a multistoried
building. The soil type of the proposed site was found not suitable for that type of structure.
The designer hesitated to design the building. The client said that he actually was not going to
build that structure. He wanted to collect money from outside sources showing that designed
as a proposal for his venture and wanted to utilize that money in other business. Explain the
roles of the client and the designer in the perspective of professional ethics. (15)

The answer should cover the answer to the following questions.

Role of Client and Designer
Is the intention of the client legal?
Is the intention of the client moral?
Is the intention of the client ethical?

Morally, ethically, and legally, what should the designer do after knowing the real intention
of the client?
Should the client be penalized for telling the “real intention” to the designer?
Should the designer refuse to design? If yes, why? If no, why?
Should the designer refuse to design and just keep quite?
Should the designer just submit a design and keep quite because what the client does with the
design is none of the designer’s business?
Should the designer design with piles (or other suitable foundation design) to make the
structure suitable for the type of soil?
Since the client is not going to build the structure anyway which does not increase hazard
from the building to anyone, what is wrong in just providing a design, as a hypothetical case?
Should the designer refuse to design and inform the government officials about the client’s
intention?
Should the designer refuse to design and inform the media, or write an article in the
newspaper, about the intention of the client?
As long as the design is structurally sound, is the designer responsible (morally, ethically,
legally) for what the client does with the design?

Question 6) A recently built simply supported RCC roof slab of a single storied poultry plant
in Chitawan, collapsed and killed all the chickens in the farm. The farm owner blamed the
labour contractor for the defective work. The contractor denied and accused the client for
providing low quality and inadequate amount of steel bars for the roof slab. The farm owner
then asked for compensation from the steel bar supplier (for inferior quality bars) and the
consultant (for improper supervision during construction). The bar supplier defended herself
by saying that the farm owner bought the cheapest bar from her which has no guarantee. The
consultant reported that the cause of the roof collapse is the use of very dirty water in mixing
the concrete, which was provided by the farm owner and used by the contractor despite
objections from the consultant’s site supervisor.

Analyze the situation carefully and decide which party (client, contractor, and consultant) is
more responsible or less responsible for the roof collapse. Explain your decision with
reference to the Professional Code of Conduct of Nepal Engineering Council and the
Federation of Contractors’ Association of Nepal. (15)

Things to notice before assigning degree of responsibility:

Client:
i) Did only labor contract with the contractor, supplied materials on her own
ii) Supplied low quality steel bars (thinks all steel bars are same)
iii) Supplied inadequate quantity of steel bars (shows no faith in design details)
iv) Supplied dirty water for concrete mixing, despite objections from consultant (thinks
water quality does not affect concrete quality)
Contractor:
i) Worked with low quality steel bars, knowingly. Thought that contractor is not
responsible for material quality since it is only labour contract.
ii) Tied inadequate numbers of steel bars (increased steel bar spacing), knowingly.
Thought that contractor is not responsible for material quantity since it is only labour
contract.
iii) Used very dirty water to mix concrete, knowingly, despite objections from consultant.
Consultant:
i) Did not or could not stop client from supplying low quality steel bars
ii) Did not stop contractor from tying inadequate number of steel bars
iii) Did not or could not stop client and contractor from use of very dirty water to mix
concrete
iv) Reported the problems only after roof collapse and after client’s compensation claim