National Society of Professional Engineers (NSPE) Code of
Ethics for Engineers
Preamble
Engineering is an important and learned profession. As
members of this profession, engineers are expected to exhibit
the highest standards of honesty and integrity. Engineering
has a direct and vital impact on the quality of life for all
people. Accordingly, the services provided by engineers
require honesty, impartiality, fairness, and equity, and must
be dedicated to the protection of the public health, safety,
and welfare. Engineers must perform under a standard of
professional behavior that requires adherence to the highest
principles of ethical conduct.
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I. Fundamental Canons
Engineers, in the fulfillment of their professional
duties, shall:
- Hold paramount the safety, health and welfare of the
public.
- Perform services only in areas of their
competence.
- Issue public statements only in an objective and
truthful manner.
- Act for each employer or client as faithful agents or
trustees.
- Avoid deceptive acts.
- Conduct themselves honorably, responsibly, ethically
and lawfully so as to enhance the honor, reputation and
usefulness of the profession.
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II. Rules of Practice
- Engineers shall hold paramount the safety, health and
welfare of the public.
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- If engineers' judgment is overruled under
circumstances that endanger life or property, they
shall notify their employer or client and such other
authority as may be appropriate.
- Engineers shall approve only those engineering
documents which are in conformity with applicable
standards.
- Engineers shall not reveal facts, data or
information without the prior consent of the client or
employer except as authorized or required by law or
this Code.
- Engineers shall not permit the use of their name or
associate in business ventures with any person or firm
which they believe are engaged in fraudulent or
dishonest enterprise.
- Engineers shall not aid or abet the unlawful
practice of engineering by a person or firm.
- Engineers having knowledge of any alleged violation
of this Code shall report thereon to appropriate
professional bodies and, when relevant, also to public
authorities, and cooperate with the proper authorities
in furnishing such information or assistance as may be
required.
- Engineers shall perform services only in the areas of
their competence.
-
- Engineers shall undertake assignments only when
qualified by education or experience in the specific
technical fields involved.
- Engineers shall not affix their signatures to any
plans or documents dealing with subject matter in which
they lack competence, nor to any plan or document not
prepared under their direction and control.
- Engineers may accept assignments and assume
responsibility for coordination of an entire project
and sign and seal the engineering documents for the
entire project, provided that each technical segment is
signed and sealed only by the qualified engineers who
prepared the segment.
- Engineers shall issue public statements only in an
objective and truthful manner.
-
- Engineers shall be objective and truthful in
professional reports, statements or testimony. They
shall include all relevant and pertinent information in
such reports, statements or testimony, which should
bear the date indicating when it was current.
- Engineers may express publicly technical opinions
that are founded upon knowledge of the facts and
competence in the subject matter.
- Engineers shall issue no statements, criticisms or
arguments on technical matters which are inspired or
paid for by interested parties, unless they have
prefaced their comments by explicitly identifying the
interested parties on whose behalf they are speaking,
and by revealing the existence of any interest the
engineers may have in the matters.
- Engineers shall act for each employer or client as
faithful agents or trustees.
-
- Engineers shall disclose all known or potential
conflicts of interest which could influence or appear
to influence their judgment or the quality of their
services.
- Engineers shall not accept compensation, financial
or otherwise, from more than one party for services on
the same project, or for services pertaining to the
same project, unless the circumstances are fully
disclosed and agreed to by all interested parties.
- Engineers shall not solicit or accept financial or
other valuable consideration, directly or indirectly,
from outside agents in connection with the work for
which they are responsible.
- Engineers in public service as members, advisors or
employees of a governmental or quasi-governmental body
or department shall not participate in decisions with
respect to services solicited or provided by them or
their organizations in private or public engineering
practice.
- Engineers shall not solicit or accept a contract
from a governmental body on which a principal or
officer of their organization serves as a member.
- Engineers shall avoid deceptive acts.
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- Engineers shall not falsify their qualifications or
permit misrepresentation of their, or their associates'
qualifications. They shall not misrepresent or
exaggerate their responsibility in or for the subject
matter of prior assignments. Brochures or other
presentations incident to the solicitation of
employment shall not misrepresent pertinent facts
concerning employers, employees, associates, joint
venturers or past accomplishments.
- Engineers shall not offer, give, solicit or
receive, either directly or indirectly, any
contribution to influence the award of a contract by
public authority, or which may be reasonably construed
by the public as having the effect of intent to
influencing the awarding of a contract. They shall not
offer any gift, or other valuable consideration in
order to secure work. They shall not pay a commission,
percentage or brokerage fee in order to secure work,
except to a bona fide employee or bona fide established
commercial or marketing agencies retained by them.
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III. Professional Obligations
- Engineers shall be guided in all their relations by the
highest standards of honesty and integrity.
-
- Engineers shall acknowledge their errors and shall
not distort or alter the facts.
- Engineers shall advise their clients or employers
when they believe a project will not be
successful.
- Engineers shall not accept outside employment to
the detriment of their regular work or interest. Before
accepting any outside engineering employment they will
notify their employers.
- Engineers shall not attempt to attract an engineer
from another employer by false or misleading
pretenses.
- Engineers shall not promote their own interest at
the expense of the dignity and integrity of the
profession.
- Engineers shall at all times strive to serve the public
interest.
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- Engineers shall seek opportunities to participate
in civic affairs; career guidance for youths; and work
for the advancement of the safety, health and
well-being of their community.
- Engineers shall not complete, sign or seal plans
and/or specifications that are not in conformity with
applicable engineering standards. If the client or
employer insists on such unprofessional conduct, they
shall notify the proper authorities and withdraw from
further service on the project.
- Engineers shall endeavor to extend public knowledge
and appreciation of engineering and its
achievements.
- Engineers shall avoid all conduct or practice which
deceives the public.
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- Engineers shall avoid the use of statements
containing a material misrepresentation of fact or
omitting a material fact.
- Consistent with the foregoing, Engineers may
advertise for recruitment of personnel.
- Consistent with the foregoing, Engineers may
prepare articles for the lay or technical press, but
such articles shall not imply credit to the author for
work performed by others.
- Engineers shall not disclose, without consent,
confidential information concerning the business affairs or
technical processes of any present or former client or
employer, or public body on which they serve.
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- Engineers shall not, without the consent of all
interested parties, promote or arrange for new
employment or practice in connection with a specific
project for which the Engineer has gained particular
and specialized knowledge.
- Engineers shall not, without the consent of all
interested parties, participate in or represent an
adversary interest in connection with a specific
project or proceeding in which the Engineer has gained
particular specialized knowledge on behalf of a former
client or employer.
- Engineers shall not be influenced in their professional
duties by conflicting interests.
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- Engineers shall not accept financial or other
considerations, including free engineering designs,
from material or equipment suppliers for specifying
their product.
- Engineers shall not accept commissions or
allowances, directly or indirectly, from contractors or
other parties dealing with clients or employers of the
Engineer in connection with work for which the Engineer
is responsible.
- Engineers shall not attempt to obtain employment or
advancement or professional engagements by untruthfully
criticizing other engineers, or by other improper or
questionable methods.
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- Engineers shall not request, propose, or accept a
commission on a contingent basis under circumstances in
which their judgment may be compromised.
- Engineers in salaried positions shall accept
part-time engineering work only to the extent
consistent with policies of the employer and in
accordance with ethical considerations.
- Engineers shall not, without consent, use
equipment, supplies, laboratory, or office facilities
of an employer to carry on outside private
practice.
- Engineers shall not attempt to injure, maliciously or
falsely, directly or indirectly, the professional
reputation, prospects, practice or employment of other
engineers. Engineers who believe others are guilty of
unethical or illegal practice shall present such
information to the proper authority for action.
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- Engineers in private practice shall not review the
work of another engineer for the same client, except
with the knowledge of such engineer, or unless the
connection of such engineer with the work has been
terminated.
- Engineers in governmental, industrial or
educational employ are entitled to review and evaluate
the work of other engineers when so required by their
employment duties.
- Engineers in sales or industrial employ are
entitled to make engineering comparisons of represented
products with products of other suppliers.
- Engineers shall accept personal responsibility for
their professional activities; provided, however, that
Engineers may seek indemnification for services arising out
of their practice for other than gross negligence, where
the Engineer's interests cannot otherwise be
protected.
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- Engineers shall conform with state registration
laws in the practice of engineering.
- Engineers shall not use association with a non
engineer, a corporation, or partnership as a "cloak"
for unethical acts.
- Engineers shall give credit for engineering work to
those to whom credit is due, and will recognize the
proprietary interests of others.
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- Engineers shall, whenever possible, name the person
or persons who may be individually responsible for
designs, inventions, writings, or other
accomplishments.
- Engineers using designs supplied by a client
recognize that the designs remain the property of the
client and may not be duplicated by the Engineer for
others without express permission.
- Eangineers, before undertaking work for others in
connection with which the Engineer may make
improvements, plans, designs, inventions, or other
records that may justify copyrights or patents, should
enter into a positive agreement regarding
ownership.
- Engineers' designs, data, records, and notes
referring exclusively to an employer's work are the
employer's property. Employer should indemnify the
Engineer for use of the information for any purpose
other than the original purpose.
- Engineers shall continue their professional
development throughout their careers and should keep
current in their specialty fields by engaging in
professional practice, participating in continuing
education courses, reading in the technical literature,
and attending professional meetings and seminars.
As Revised January 2003
"By order of the United States District Court for the
District of Columbia, former Section 11(c) of the NSPE Code
of Ethics prohibiting competitive bidding, and all policy
statements, opinions, rulings or other guidelines
interpreting its scope, have been rescinded as unlawfully
interfering with the legal right of engineers, protected
under the antitrust laws, to provide price information to
prospective clients; accordingly, nothing contained in the
NSPE Code of Ethics, policy statements, opinions, rulings or
other guidelines prohibits the submission of price quotations
or competitive bids for engineering services at any time or
in any amount."
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Statement by NSPE Executive Committee
In order to correct misunderstandings which have been
indicated in some instances since the issuance of the Supreme
Court decision and the entry of the Final Judgment, it is
noted that in its decision of April 25, 1978, the Supreme
Court of the United States declared: "The Sherman Act does
not require competitive bidding."
It is further noted that as made clear in the Supreme
Court decision:
- Engineers and firms may individually refuse to bid for
engineering services.
- Clients are not required to seek bids for engineering
services.
- Federal, state, and local laws governing procedures to
procure engineering services are not affected, and remain
in full force and effect.
- State societies and local chapters are free to actively
and aggressively seek legislation for professional
selection and negotiation procedures by public
agencies.
- State registration board rules of professional conduct,
including rules prohibiting competitive bidding for
engineering services, are not affected and remain in full
force and effect. State registration boards with authority
to adopt rules of professional conduct may adopt rules
governing procedures to obtain engineering services.
- As noted by the Supreme Court, "nothing in the judgment
prevents NSPE and its members from attempting to influence
governmental action . . ."
Note: In regard to the question of application of the Code
to corporations vis-a-vis real persons, business form or type
should not negate nor influence conformance of individuals to
the Code. The Code deals with professional services, which
services must be performed by real persons. Real persons in
turn establish and implement policies within business
structures. The Code is clearly written to apply to the
Engineer and items incumbent on members of NSPE to endeavor
to live up to its provisions. This applies to all pertinent
sections of the Code.
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