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Regulations and Ethics (7 pages)

By NobyKobe Jan 01, 2014 2573 Words
Chapter 2: Regulations and Ethics of the profession

I-

General Rules

Article 4 -All engineers (enrolled in the engineers'syndicate) should abide by this list as well as the Syndicate bylaws and internal documents.Any violation affecting the profession or traditions or basic duties would subject the performer to disciplinary accountability according to the bylaw. Article 5 –It is absolutely prohibitedto practice the engineering profession, in Egypt, for engineers who are not enrolled in the Syndicate of Engineers. It is also not allowed for nonEgyptianengineers to practice the profession, in Egypt, unless permission is granted from the syndicate wherein the period of practicing the profession and the specialization required are both indicated.

Article 6 - An engineershould aim in his work to raise the status of the profession and to respect the objective opinions that are based on substantial knowledgeand the opinions of those who practice the profession.It is also an engineer's duty to act as aloyal advisor loyal, for his employer, to the point that his effort would ensure the public interest and safety of the community and the preservation of national wealth.

Article 7 - An engineer should endeavor to improve his professional knowledge and skill. He should continuously seek to improve the standard of engineering excellence; this would take place through research, practice and training. It is also an engineer's duty to elevate the perception of the members of the community and their understanding of the engineering professionwithin. It is an engineer's duty to support the professions, arts and industries related to the engineering profession.

Article 8 –Anengineer must functionin a manner that complies with the known scientific norms and way of thinking,in proficiency and full attention.He has to be independent in making his engineering decisions; wherein he should limit himself to scientific and technical considerations, with the benefit of all the specialist expertise available, aiming to raise the level of the profession.

Article 9 - An engineer should exercise his or her profession in his area or areas of specialization that are indicated in his certificates, and according to his registration records in the syndicate. Itis prohibited for him/her to practice the profession in a different domain. Article 10- Afresh-graduate engineer starts his engineering work in the major he is registered in, within the engineering syndicate, under the supervision of one specialized engineer at least. The signature of the engineer in training should be associated with his supervisor’s signature.

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Article 11- The fees charged by the engineer is the money in return for his offering of services and expertise.It is illegal, for an engineer, who works in a specific project in any of the areas of professional practice to charge fees for his services -within a single project -at more than one party, or to have any link in the supply or trade for any engineering materials or commissions related to this project.

Article 12- An engineer is not allowed to do any action that contradicts with the dignity of the profession, its traditions or the nature of his work. He/she should not practice his profession in any way representing a violation of the standards, laws and working regulations. An engineer should refrain from any action where he is not convinced of its safety and art of work, or from any work that may lead to harm. Furthermore, he must do the work assigned to him whether studies, management, supervision, consultation or implementation at a level of sincerity and good performance.

Article 13- It is allowed/permissible to announce an engineering activityas long as it does not abuse others, or lead to the personal glorification or propaganda or advertising, that may lead to the detriment of the reputation of the profession or the reputation of others. Article 14- An engineer must be truthful and honest in all his dealings and should avoid any misconduct that may cause harm to others.

Article 15-It is the duty an engineer to demonstrate/bring-forth any professional conflict at the syndicate to set a decision before resorting to the court of justice;this should be indicated inengineering contracts.

Article 16- It is allowed for governmental agencies and companies to create an engineeringdepartmentto execute engineering tasks of their own; it is permissible, though, to execute such works for other parties if registered at the syndicate as an engineering consulting office.

Article 17- It is not permissible for governmental agencies, companies or individuals to execute projects or engineering tasks in any branch/venue of engineering except in accordance with drawings signed by an engineer or engineers registered at the engineering syndicate,each in his respective specialization.

II-

The relationship between an Engineer and the Society

Article 18 – It is an engineer'sduty to make engineering decisions that comply with safety, preservation of public health, preservation of the environment and national wealth and proper use. He/sheshouldsearch for the fastest and best solutions to problems that mayrender the community - or individuals - at risk.

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Article 19 – It is an engineer'sduty to promote projects of value/merit since his welfarerelies on the prosperity and progress of his homeland.
Article 20 – An engineer should be aware of all public venues of work; respect his society's religious and cultural values; and aim towards maintaining them while working on improve his ambient environment and the standard of living within.

Article 21 – It is an engineer's dutyto support actions that lead to innovation and freedom of expressingprofessional and technical opinions, without prejudice towards the general principles or the laws or respectable values/customswithin the society. Article 22 – It is an engineer'sdutyto strive to clarify technical issues, and particularly to correct misconceptions or unfair opinions regarding technical matters, to maintain the nation's welfare. Article 23 – An engineer should seek integration with his colleagues from different disciplines and to coordinate – in sincerity - for successful completion of common work and manifest economic integration.

Article 24 – An engineer should aid to enhance the effectiveness of his profession, through the exchange of information and expertise with engineers and educational institutions. Article 25 – An engineer should be characterized by professional conduct - as a whole - to upholding human rights on the basis of equality and justice among all. III-

The relationship between the Engineers (amongst one another)

Article 26 – An engineer should not resort to the distortion of the reputation or activity of any other engineering colleague.
Article 27 – For any engineering project, the names of the participating engineers should be clearly indicated on the design and drawings.Furthermore, copies should be prepared for any project and signed by the design engineer indicating his name and classification code.No amendments or changes should take place within documents already signed by another engineer without a written consent from him.

Article 28 – The Engineer in-charge should not preclude other engineers without verifying the efficiency of these engineers. Furthermore, any engineer must refrain from the allegation of doing work that is not of his own.

Article 29 – An Engineer should collaborate with his colleagues in developing their professional / technical skills and assist them in applying the general rules and ethics of the profession. Article 30 – The following matters are considered a violation to the profession's integrity and the spirit of fellowship; it is absolutely forbidden for a registered engineer to commit the following:

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a) To unethically competeagainst another colleague by acceptingfees inferior to the minimum wage assigned within the regulations certified by the syndicate.

b) To offer Kickbacks, gifts or free services in order to influence a decision regarding any project of interest to the engineer. Furthermore, to accept commissions or gifts intended to influence the engineer’s decision.

c) To compete with another colleague over a certain task/project after knowing that he had accepted an offer and during contracting with him.
d) To commit any action that might - directly or indirectly – harm a colleague. It is also an engineer’s duty not to criticize other colleagues but in a constructive manner,for the common good. An engineer should also accept criticism – in the same sense - when it comes to his own work.

e) To undertake any engineering work without ensuring, from the owner/employer, that it was given/yielded earlier to another engineer. If proven that the employer hired another engineer, a notification should be sent to the division of the syndicate in a registered mail. Furthermore, the notifying engineer can only begin his work after two weeks from the date of this notification; this is to ensure that his colleague managed to secure his deserved fees from the employer.In case of urgency, work may begin immediately after taking the written approval of the president of his division in the syndicate. f) To take any legal action against another engineer, regardinga job dealing with the profession, before taking a written permission from the syndicate council.If this permission is not issued withina month from applying for it via a registered letter, he/she would then have the right to proceed with his legal action; he/she has to notify the syndicatecouncil of his actions.

g) To introduce modifications to a colleague’s project/work without examining the givens data and assumptions of his design; or failing to provide the designer with a copy of the undergoing modifications withinhis project.

h) To use another engineer’s name without getting a written consent/permission from him. This permission should be taken for each engineering job individually as well as the copying or duplication of engineering jobs; it is prohibited not to take permission from the original designer/engineer.

i) To repeat harmful rumors about colleagues, of the same profession, or others.

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IV-

The relationship between an Engineer and his/her Employer

Article 31- When an engineer is assigned an engineering job, he should serve as a loyal technical advisor who is dedicated to the assigned engineering project that was assigned to him.It is his duty to complete his task in the set time and in an efficient manner.He/she is supposed to be honest, truthful, precise and objective in the information that he delivers on behalf of his employer when asked to do so, while owing respect to his employer’s right to the ownership and secrecy of his project. An engineer should not use or disclose the information related to any project without obtaining a written consent from the employer/owner, except when the information is need for public benefit or protecting the environment. However, it is permissible for him/her to use the acquired general technical knowledge and engineering experience – from previous projects - for future works, without obtaining the employer’s consent. Article 32 - An engineer must agree - in advance - with the owner of the project as regards the type of complementary expertise of the disciplines required to secure the needs of the engineering project, as well as the costs of these expertise; such matters should be noted clearly in the contract agreement.

Article 33 - An engineer should request, from the employer to clarify the desires/interests and the sought function for the engineering project to be executed within the boundaries of certain givens; in a manner that causes not any confusion or ambiguity in the placed requirements. Article 34 - An engineer – on experiencing errors, side effects, environmental adversities or technical problems in an engineering project assigned to him - should disclose them to the employer clearly and frankly. It is the engineer's duty to find appropriate solutions for such problems and it is the employer's duty to comply with these proposed solutions. Article 35 – It is the engineer's duty, especially when supervising an engineering project, to be fair and unbiased in his attitude and intentions between the parties of a contract; given that his first duty should be his loyalty to the project with which he is entrusted to execute at adequate/acceptable standards.

Article 36 – An engineer is entitled to receive his wage - from the employer - according to specific lists of fee assessment approved by the syndicate; wherein he should adhere to it as a minimum wage. Such wages are considered to be in return for a professional service and it is prohibited to accept any other compensation from any entity other than the employer for the same job/task. Furthermore, any commission, personal privileges or gifts should not be accepted. Article 37 – An engineer is entitled to receive fees from his employer according to a written contract. This contract should be documented within the syndicate. In case of any argument, the engineer should seek to find an amicable solution. Should the amicable solution fail, he/she is entitled to take legal action according to the bylaw of the syndicate.

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Article 38 - In the absence of a written agreement between the engineer and the employer, the syndicate council makes a fee assessment based on the importance, the circumstances and volume of work and effort that took place. After hearing the testimony of both parties and examining their documents and their statements, the council would issue its decision within sixty days from the date of application.

The decision of fee assessment is subject to appeal before the specialized court within fifteen days from the date of notification in writing to the parties. If none of the two parties appealed against the decision of the syndicate council - during the legal grace period – the decision would then became final and binding and either party may request to amend it as an executive form from the specialized court.

Article 39 - If an engineer is subjected circumstances wherein he would perform a task – (i) that he is not convinced with its safety, (ii) professional soundness, or (iii) would lead to general public harm or (iv) breach of his duties relate to maintaining public welfare or (v) a task that contradicts with the integrity of the profession or regulations enforceable by law - and was unable to avoid it; it would be his duty to inform the syndicate with a detailed report in order to take the necessary/required actions.

Article 40 - If an engineer had a working relationship or financial interest – that is related directly or indirectly - or an interest of any kind that is at a level of seriousness/importance to affect decisions regarding his technical performance, he should inform the employer - in full detail – as regards the nature of this relationship or interest. He should not continue within his job without the consent of his employer; or he would have to terminate this relationship or interest.

V-

The relationship between an engineer and the supplier or contractor

Article 41- An engineer should strive to make the supply contract and / or contractor contract clear, in order to demonstrate and guarantee the rights of all parties. This would, in turn, serve as a strong basis for a successful business and a good relationship between him and the employer as well as the supplier and / or contractor.

Article 42- An engineer should allow all bidders – equally - to obtain the necessary information from visiting the site to seeing the full plans and an in-detailed calculation of quantities as well as the estimation of work duration, for the benefit of the employer and the supplier (or contractor).

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Article 43- It is considered a violation to the general ethical rules of engineering work to invite for bids’ submission for the sake of knowing the costs or to negotiate with other parties. Article 44- It is not allowed to use an offer of a supplier and / or contractor with the intention of getting lower offers from other entities.

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