UNIT IV SAFETY, RESPONSIBILITIES AND RIGHTS

Safety and Risk – Assessment of Safety and Risk – Risk Benefit Analysis and Reducing Risk –
Respect for Authority – Collective Bargaining – Confidentiality – Conflicts of Interest – Occupational Crime
– Professional Rights – Employee Rights – Intellectual Property Rights (IPR) – Discrimination

1. Safety and Risk

ENGINEER’S RESPONSIBILITY FOR SAFETY
INTRODUCTION:
Unarguably the first and most important duty of an engineer is to ensure the safety of the people who use the
product designed by him. It could be seen from all of the code of ethics of the professional engineering
societies that safety is of paramount importance to the engineer. The engineers have a responsibility to the
society to produce products that are safe. Engineering necessarily involves risk. It is impossible to design any
products to be completely risk free. The relationship of risk to safety is mostly very close.
In this chapter we shall explore the following questions:
 What kind of responsibility should an engineer hold to ensure the safety, health and welfare of the
public?
 How can the products be designed by the engineers to minimize the risk to the user?
 How much risk is appropriate in an engineering design?
 How to assess the safety and risk? And
 How to do risk benefit analyses?
Safety and Its Concepts:
What is meant by safety?
Safety means the state of being safe. Safe means protected from danger and harm. The term safety is
always difficult to describe completely. What may be safe for one person may not be safe for another person. It
is because different persons have different perceptions about what is safe. For example, a shaving razor in the
hands of a child is never safe as it can be in the hands of an adult. The American heritage dictionary defines
safety as freedom from damage, injury or risk. Absolute safety that satisfies all individuals or group under all
conditions is neither attainable nor affordable.
Safety Defined
The initial version of William W. Lawrence’s definition for safety is as follows:
“A thing is safe if its risk is judged to be acceptable”. It means a thing is safe for a person if the
perceived risk is less. Similarly, a thing is unsafe if the perceived risk is high.Drawbacks of the Lawrence’s
Initial Version of Definition:
Some of the drawbacks are
a) Under-estimation of risks: An unsafe product may be considered to be safe because of all faulty view
and misjudgment of the person. Example, buying improperly designed coil type water heater which
eventually ends up with a severe electric shock.
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In the above example, the judgment about the product has failed which is against the Lawrence
definition.
b) Over-estimation of risk: A product whose risks are comparatively less may be considered unsafe
because of over safety concern of a person. Example, thinking that adding chlorine in drinking water
will kill a lot of people in this case according to Lawrence definition the water became unsafe the
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 moment we judged the risks is unacceptable for us. But our common concept of safety says chlorinated
drinking water is safer. This again contrasts the Lawrence definition.

c) No-estimation of risk: For the person who does not judge bout risk the product may be either safe or
unsafe. Example, Purchasing a LPG gasoline fuel driven car without judging anything about its safety.
So in order to overcome the above said contradictions, Lawrence proposed a modified version of
definition for safety.
A Modified Lawrence Definition of Safety
Definition:”A thing is safe with respect to a given person or group at a given time, if its risks were fully known.
If those risks would be judged acceptable, in light of settled value principles”.
In the modified Lawrence definition the term ‘things’ represent not only products, but also service,
processes, etc. Therefore the definition can be extended to the design, finance, international affairs, etc.

CONCEPT OF RELATIVE SAFETY

Safety is expressed frequently in terms of degree and comparisons. We often use words such as fairly ’safe’.
The relative safety expresses the safety of a thing in comparison with safety of similar things.
Example: stating that airplane travel is safer than car travel and car travel is safer than travel in a bike.

ENGINEERS AND SAFETY

Criteria to ensure safe design.
It is universally accepted that safety should be an integral part of any engineering design. In order to
ensure the safe design, the following criteria should be met:
1) A design should comply with legal standard for product safety and other applicable loss.
2) An acceptable design should meet be standard of single code accepted engineering practice.
3) Alternative designs that are potentially safer should be explore
4) Finally, the designed product should be tested using prototype to
determine: Whether the products meets the specifications, and whether the product is
safety use.
Designing for safety
(Incorporating safety into the engineering design process)
Step1: Define the problem. It includes the issues of safety in the product definition and specification.
Step2: Generate multiple alternate design solutions.
Step3: Analyze each design solution. It evaluates pros and cons of each solution.
Step4: Test the solutions.
Step5: Select the best solution.
Step6: Implement the chosen solution.
During step 1-6, a safety and risk criteria should be given paramount importance than other issues.

RISK AND ITS CONCEPT

What is meant by risk?
A risk is the potential that something unwanted and harmful may occur.
The American heritage dictionary discusses the possibility of suffering harm or loss. Generally the term ‘risk’ is
synonymously used adverse effects are harm. The term ‘harm’ may be defined as an invention or limitation of a

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person’s freedom or well-being.

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The three most important types of well-being are physical well-being psychological well- being, and
economical well-being.
Effect of risk it includes dangers of bodily harm, economic loss and environmental degradation.
Cause of risk risks or harms are caused by delayed job completion, faulty product or systems, and
economically or environmentally injurious solutions to technological problems.

RISK DEFINED
William w. Lawrence has defined risk as “a compound measure of the probability and magnitude of adverse
effect.
Mathematically,
Risk=probability of harm *magnitude or consequence of the harm
In simple words the risk is the product of the likelihood and the magnitude of the harm.
A relatively slight harm having more probability of occurring might constitute a greater risk than a relatively
large harm having lesser probability of occurring.
Natural Hazards and Disaster
A natural hazard such as floods, earthquake, droughts, volcanoes etc greatly threatens and damages the long
lifelines of human populations.
A disaster is a serious disruptive event coincides with state of insufficient preparation.
In recent years, engineering and technologies have greatly reduced some of the ill effects of natural hazards and
disasters.
Thus engineers should be aware of the ethical and professional issues regarding risk.
Factors Influencing Risk
Since the concept of risk is subjective in nature, it depends on many factors. They are:
1. Voluntary Vs Involuntary risk
If the person knowingly takes any risk, then he feels it safe. If the same risk is forced to him, then he
feels it unsafe. In simple terms, the voluntary risks are considered as safe and the involuntary risks are
considered as unsafe.
2. Short-term Vs Long-term consequences
A thing, which causes a short-lived illness or disability, seems safer than a thing that will result in
permanent disability. An activity for which there is a risk of getting a fractured leg will appear much less risky
than an activity with a risk of a spinal fracture since a broken leg will be painful and disabling for a few
months, but full recovery is in the norm. Spinal fractures, can lead to permanent disability.
3. Delayed Vs Immediate Risk
An activity whose harm is delayed for many years will seem much less risky than something with an immediate
effect. For example, for several years now, Americans have been warned about the adverse long-term health
effects of a high fat diet. This type of diet can lead to chronic heart problems or stroke later in life. Yet may be
ignored these warnings and are unconcerned about a risk that is so far in future. These same people might find
an activity such as sky diving unacceptably risky since an accident will cause immediate injury or death.
Something that one person feels safe may seem very unsafe to someone else. This creates some confusion
for the engineer who has to decide whether a project is safe enough to be pursued. It is up to the engineer and
company management to use their professional judgment to determine whether a project can be safely
implemented.

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 4. Expected Probability
A relative slight harm having more probability of occurring(say, 50: 50 chance) seems to be a
greater/unacceptable risk than a relatively a severe harm having lesser probability of occurring(say, 1 in
1,00,000).
5. Reversible Effects
Something will seem less risky if the bad effects are ultimately reversible. This concept is similar to short term
risk Vs Long term risk.

6. Threshold Levels for Risk

Something that is risky only at fairly high exposures will seem safer than something with a uniform exposure to
risk.For example the probability of being in an automobile accident is the same regardless of how often you
drive.you can reduce the likelihood of being in an accident by driving less often. From the above discussion, it is
understood that something is unsafe or risky to one person may seem very safe to someone else. This creates the
great challenge for the engineers to decide on the optimal safety level.

ACCEPTABILITY OF RISK
What is meant by Acceptable Risk?
According to D. Rowe, “A risk is acceptable when those affected are generally no longer apprehensive about it”.
Apprehensiveness mainly depends on how the risk is perceived by the people.
Elements of Risk Perception
(Factors influencing the perception of risk)
The risk perception is influenced by the factors such as:
1. Whether the risk is assumed voluntarily;
2. The effect of knowledge on how the probabilities of harm are perceived;
3. Job –related or other pressure that cause people to be aware of risks;
4. Whether the effects of a risky activity or situation are immediatelynoticeable; and
5. Whether the potential victims are identifiable beforehand.
We shall discuss these elements of risk perception, in detail, in the following sections.
1. Voluntarism and control
Voluntary risk: if people take risk knowingly, then their involvement of risk is known as voluntary risk.
Many people considered safer if they knowingly take on the risk. Also the people believe that they
have ‘full control’ over their actions.
Examples for voluntary risk
1. Buying a flat/house near a chemical plant that emits low level of a toxic waste into the air, because
the property values are very low.
2. Participating in a potentially adventurous sport such as motorcycle racing, skiing, boxing, hang-gliding,
bungee jumping, etc without much safety guards.
Controlled risk
If the risk taken is within the control limit, which can be controlled by any means, then the risk is known as
controlled risk.
Examples for controlled risk:
In practice, all the dangerous sports such as motorcycle racing, skiing, hang-gliding, bungee jumping,

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 horseback riding, boxing etc are carried out under the assumed control of the participants. They use all
safety guard to keep the risk under control.
2. Effect of information on Risk Assessments
The information about a harm/danger should be presented in a systematic and appropriate manner. Because
the manner in which the required information for decision-making is presented has a great influence on
how risks are perceived.
Many case studies and experiments have proved that the manner in which information about a danger is
presented can lead to undesirable and wrong perceptions about danger.
The threshold limit of individuals for information varies from person to person.Some would be comfortable
only when they have information of deeper depth and quality, while others may be comfortable with
minimal information.
Many experiments have drawn the following two conclusions:
1. Options perceived as yielding company gains will tend to be preferred over those from which
gains are perceived as risky or only probable.
2. People tend to be more willing to take risks in order to avoid perceived company losses than they
are to win only possible gains.
3. Job-related Risks
The exposure of risk depends on the person’s job and his work place.
The nature of the job and the working environment will determine the risk level of a person. For example,
people working in the coalmines, oil mines shipyards, chemical plants, nuclear power plants, etc have more
probability of being exposed to the high risk.
Because of high competition for survival, the employees don’t have any options other than undertaking
high- risk jobs.
Unions, and occupational and safety regulations should regulate and enforce the employers, to facilitate
the standard working environment.
Most importantly, engineers who design and the workers suggestions/complaints regarding their workplace.
4. Magnitude and proximity
Our reaction to risk is affected by the magnification and the personal identification or relationship we have
the victims.
For instance, we feel very bad if none of our close relative or friends are subjected to great harm by some
accident than if it might affect 20 strangers.
Thus the magnitude of risk and the proximity with the victims greatly influences the degree of reaction to
the risk.
LESSONS FOR THE ENGINEERS
Engineers have the challenge to face/overcome the following two different public conceptions of safety.
1. Positive or optimistic attitude: Some people assume that things that are familiar, that have not
hurt them before and over which they some control, present no real risks.
2. Negative or pessimistic attitude: some people feel feared, when an accident kills or harms in
large numbers, or affects their relations, they consider those risks as high risks. Therefore, while
designing a thing engineers should recognize and consider such widely held perceptions of risks along
with their routine technical design issues. So engineers should recognize this as pt of their work.
Engineers should also understand that it is not wise to proceed under an assumption that education will
quickly change the people’s under-estimation or over-estimation of the risk. The continuous, proper

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 information about dangers and other issues of risk are necessary to educate the people to have right attitude
and perception about the risk.
The risk communication and risk management efforts should be structured as a two way process.

RISK BENEFIT VALUE FUNCTION

The risk and benefits are based on the perception of probable gain and probable loss. A
typical risk-benefit value function illustrated.
The risk benefits value function drops sharply on the loss portion that it raises on the gain portion.
One can see that the threshold is added on both gain and loss sides of the function.

The threshold on the loss side is to account for human habit of ignoring smaller risks in order to avoid
anxiety overload. It means that no effect is spent to overcome the loss sides of the function.
The threshold on the gain side is to account for normal human inertia. It means that the inherent
character of people may delay the process of seeking their own gain.

TYPES OF ACCIDENTS
Engineers should have the knowledge about different nature of accidents so that to try to prevent them. The
three important types of accidents are procedural, engineered, and systemic accidents.
1. Procedural Accidents
Procedural accidents are the result of someone making a bad choice or not following established standard
procedures.
Example: Road accidents because of not following the rules, in the airline industry, procedural accidents are
frequently labeled as “pilot error”. These are accidents caused by misreading, flying when the weather
should have dictated, or failure to follow regulations and procedures. In the airline industry, this type of
error is not restricted to the pilot; it can also be committed by air traffic controllers and maintenance
personnel.
2. Engineered Accidents
Engineered accidents are caused by errors in the design.
Because of minor design error, the device may not perform as expected or the device may not perform well
under all circumstances.
Engineers should have the knowledge and experience to anticipate all possible engineered failures during the
design stage itself.
Example: Minor casting defects in aircraft turbine blades may cause failure of the system.
3. Systemic Accidents
Systemic accidents are difficult to understand and difficult to control.
They are characterized of very complex technologies and the complex organization that are required to
operate them.
Example: Failure of use space shuttle, in which 7 astronauts including Indian born astronaut Chawla were
killed.
ASSESSMENT OF SAFETY AND RISK
Relationship between safety, risk and cost
It is always a great challenge to engineers to balance quality and safety against cost. In general, engineer’s
tendency is to design and produce high-quality products, but business managers tend to keep the cost down.

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 Therefore it is necessary to understand the relationship between safety, risk, costs and price. The
relationship between them is depicted.
Why both low-Risk and High-Risk Products are Costly?
 A product cost may have two elements:
1. Primary cost of product, and
2. Secondary cost of product.
 The primary cost of product (p) includes production cost and cost of safety measures involved.
 The secondary cost of product(s) includes costs associated with warranty expenses, los of customer
good will, litigation, possible downtime in the manufacturing process, etc.

Safety
High Low
High High safety and High risk High cost , Low safety and High risk Low cost,
High price High price
Example: Nuclear plant, aircraft, Example: automobiles.
Risk missiles.

Low High safety and low risk High cost, Low safety and Low risk low cost ,
medium price Low price
Examples: Electrical products, Examples: Electronic goods,
safety values. computers.

Figure illustrates Relationship between risk and cost to manufacture.

 A stress on low risk and high safety leads to high primary costs and lower secondary costs, and
vice versa.
 The total cost is the sum of primary and secondary costs of product.
 The total cost is minimum at point M, where the slopes of the primary and secondary cost curves are
equal in magnitude but opposite in direction.
Therefore it is evident that both low-risk and products are costly. The optimal total cost (M) occurs in
between low-risk and high-risk region.

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DETERMINATION OF RISK
In order to determine the risk, one should have knowledge about the following criterions.
1. Knowledge of Risk
To assess a risk, an engineer must first identify it. To identify a risk, an engineer must first know the
information about the safety of standard products.
Though past experience and historical data provide good information about the safety of standard products,
still it is insufficient to completely assess the risk of a product.
The past experience and historical data are inadequate to access the risk, because of the following reasons:
The information is not freely shared among firms, and
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There are always new applications of old technology that makes the available information less useful.
Therefore in order to access the risk, engineers and firms should share the information and knowledge
about the safety of freely.
2. Uncertainties in Design
While designing a product, the design engineer must deal with many uncertainties. Many of the risks can
be expressed as probabilities and as educated guesses.
The uncertainties are in the form of application of the product, materials used for producing the product,
changing economic conditions, unfavorable environment conditions, temperature, etc.
Traditionally engineers use ‘factor of safety’ while designing to cop with uncertainties about materials and
actual operating conditions of the product. The factor of safety is proposed to account for unpredictably
high loads or unaccountably weak construction material.
A product is said to be safe if its capability exceeds its duty.
3. Testing for safety
Once the product is designed, both prototype and finished devices must be thoroughly tested.
The testing is not just to determine whether the product meets the specification. It should also involve
testing to see if the product is safe.
It is essential that in any engineering design, all safety systems be tested to ensure that they work as planned

Different Approaches for Testing

The various testing approaches other than destructive testing are given below:
1. Scenario Analysis: This test starts from a given event, and then studies the different consequences that
might develop from it.
2. Failure modes and effects Analysis: This approach systematically examines the failure modes of each
component without focusing on causes or relationships among the elements of a complex system.
3. Fault-Free analysis: This approach proposes a system failure and then traces the events back
to possible causes at component level.
4. Event-free Analysis: This is the reverse of the fault –free analysis. This analysis is very useful
in identifying a potentially hazardous situation in the plant.
Out of these several techniques, the fault-free analysis is most effective, because it explains the possible
approaches for proper functioning and safety of a complex system.

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 RISK-BENEFIT ANALYSIS
What is risk-benefit analysis?
Risk benefit analysis is a technique, similar to cost-benefit analysis, used to analyze the risk in a
project and to determine whether the project should be carried out or not.
Risk-benefit analysis answers the following questions:
 What are the benefits of the product/project?
 Is the project/product worth the risks connected with its use? and
 Do benefits outweigh the risks?
It is understood that everyone is ready to certain levels of the risk as long as the product/project/activity
promises sufficient benefit or gain.
In risk-benefit analysis, the risks and befits of a product/project are assigned money values, and the
most favorable ratio between risks and benefits is determined.

Conceptual Difficulties in Risk-Benefit Analysis

Risk benefit analysis is a very difficult process, because of the following reasons:
 In risk benefit analysis, both risk and benefits are very difficult to quantify, because both lie in
the future. That is both risk and benefits are associated withuncertainties.
 It should be noticed that who takes the risk and who enjoys the benefits? Therefore it is important
to ensure that those who have taken the risks are the beneficiaries ofit.
 It is mostly difficult to expressed both risk and benefits in a common set of units . For example ,
when the risks can be expressed and measured in one set of units and benefits in another then very
difficult to do risk-benefits analysis. In this case, risk- benefit analysis is used to judge the relative
merits of different designs.

Ethical Implications on Risk Benefit Analysis

While performing the risk-benefit analysis, one should keep in mind the following ethical questions:
a) Under what conditions, someone in society is entitled to impose a risk on someone else on
behalf of a supposed benefit to others?
b) How can we consider the worst-case scenarios of person exposed to maximum risks while they
are also obtaining only minimum benefits? Are their rights violated? Are they provided safer
alternatives?
PERSONAL RISK
If sufficient risk is given to a person, then he can be able to decide whether to participate in risky activity or
not.Many experiments have concluded that individuals are more willing to face voluntary risk than involuntary
risks, even when the voluntary risks are more harmful than the involuntary ones.Personal risks are difficult to
assess especially if they are involuntary personal risks.

Examples for personal risks:

 A person living near a chemical plant voluntarily or involuntarily; and
 A person working in a nuclear power plant or oil refinery plant.
The qualification in assessing personal safety and risk is very difficult to estimate. While assessing the
personal risk, one should consider the following ethical question:
 How to access the money value of an individual’s life?
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  On what basis, the compensation for the risk can be decided?
 Is the compensation for a risk by an amount based on the exposure tolerance of the average person
justifiable?
 What will be the compensation if the tolerance level of the person is below or above the average
tolerance level?
In order to minimize the above difficulties in assessing personal risks, the analysis employ all the available
quantitative measures such as
 Making judgments on the basis of the amount of life insurance taken out by an individual; and
 Assessing a hazardous job by looking at the increased wages a worker demands to carry out the task.
Public Risk and Public Acceptance
Risks and benefits to the public at large can be more easily determined than the personal risks and benefits.
Because individual difference tend to even out as large numbers of people are considered.
Assessment studies relating to technological safety can be conducted in a better manner for public risk than for
personal risk, as statistical parameters take on greater significance.
In this regard, American’s National Highway Traffic safety Administration (NHTSA) has emphasized the
following two points:
1. A value human life can be estimated based on loss of future income and other costs associated with an
accident.

2. An estimation of quantifiable losses in social welfare is not based on the maximum expenditure allocated
to save a life.
Accounting Publicly For Benefits and Risks
Public accountability for risk has been affected by the following problems:
 An expert or even group of experts cannot be expected to know everything. Hence the public processes
suffer from incomplete engineering knowledge.
 The uncertainty produced by scientists and regulators also infects the risk regulation. In others words, a
refusal to face the hard questions created by lack of knowledge affects the risk regulation.
 Since the conception of risk vary depending on how the facts are presented, therefore special caution
should be given when stating probabilities of rare events.

Becoming A Responsible Engineer Regarding Risk:

 The engineer can provide background material to prove the faulty positions.
 Engineers should actively participate in the debates related t safety and risk.
 Engineers should always insist on meaningful numbers and figures when assessing safety and risk.
 Engineers should also recognize the previously mentioned difficulties with measuring risks and
benefits in absolute terms.
 Engineers should not be influenced by any influential lobby or tradeorganization.
 Engineers need to be sensitive to various quantitative value judgments related with human and
ethical values.
 Engineers should be aware at the legal liabilities regarding risk.

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 REDUCING RISK
 As we know, it is impossible to design and manufacture anything to be completely risk free. However it
is the responsibility of the engineers to explore all the possible ways to reduce the risk under the given
financial and time constraints.
 Risk management defined: Risk management is d e f i n e d as the e r a d i c a t i o n or minimization of the
adverse effects of the pure risks to which n organization isexposed.
 Elements of a risk management programme : According to the recent health and safety
legislation, the three important elements of a risk management programme are:
 Risk identification
 Risk evaluation
 Risk control

1. Risk Identification
 Risk can be identified by various techniques such as physical inspection, safety audit, job-safety
analysis, management and worker discussions, and historical data analysis.
2. Risk Evaluation
 Risk can be measured on the basis of economic, social or legal considerations.
 Economic and social considerations include financial aspects, uninsured cist of accidents, insurance
premium, overall effect on the probability, and possible loss of production.
 Legal considerations include possible constraint from compliance with health and safety legislation,
code of practice, guidance notes and accepted standards, fire prevention, pollution and product liability.

3. Risk Control
 Risk control consists of four areas: risk avoidance, risk retention, risk transfer and risk reduction.
 Risk avoidance: It refers to the conscious decision by the management to avoid completely a particular
risk by discontinuing the operation producing the risk.
 Risk retention: It refers to the legal assignment of the cost of certain potential losses from one
party to another.
 Risk reduction: It refers to the reduction or elimination of all aspect of accidental loss that lead to
a wastage of n organization’s assets.
Faulty Assumptions and Their Realities about Safety
There are many misconceptions about safety, some of the popular fault assumptions and their realities about
safety are given below:
1. Assumption: The principle causes of all accidents are operator error and negligence.
Reality: Accidents are caused by dangerous conditions, which can be corrected.
2. Assumption: Producing a safe product always increases the costs.
Reality: If safety is incorporated in the design stage itself, the initial cost will be reduced. If there are any later
design changes, it will increase the product cost.
3. Assumption: we learn about safety after a product has been completed and tested.
Reality: If safety is not built into the original design, people can be hurt during the testing stage.
Unwillingness to change a design means compromising on safety.

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4. Assumption: Warnings about harms are sufficient. Insurance coverage is cheaper than planning for safety.
Reality: warnings can provide minimal protection against harmful events. Insurance rates are very high.

CASE STUDY OF THE THREE MILE ISLAND

Abstract
The accident at the three miles island unit-2(TMI-2) nuclear power plant in Pennsylvania on March 28, 1979
was one of the most serious in the history of the U.S. nuclear industry. It not only brought to light the hazards
associated with nuclear power, but also force the industry to take a closer look at the operating procedures used
at the time. What makes the TMI-2 accident such an interesting case study is the series of events, which led up
to the partial meltdown of the reactor core. It was a combination of human error, insufficient training, bad
operating procedures and unforeseen equipment failure that culminated in a nuclear accident that could have
easily been prevented.

CASE STUDY OF THE CHERNOBYL DISASTER

Abstract
The April 1986 disaster at the Chernobyl nuclear power plant in the Ukraine was the product of a flawed soviet
reactor design coupled with serious mistakes made by the plant operators in the context of a system where
training was minimal. It was a direct consequence of cold war isolation and the resulting lack of any safety
culture.
The accident destroyed the Chernobyl-4 reactor and killed 30 people, including 28 from radiation exposure.A
further 209 on site were treated for actuate radiation poisoning and among these, 134 cases were confirmed.
Nobody off-site suffered from acute radiation effects.However the large areas of Belarus, Ukraine, and Russia
and beyond were contaminated in varying degrees.
The Chernobyl disaster was a unique event and the only accident in the history of commercial nuclear power
where radiation-related fatalities occurred.

RESPECT FOR AUTHORITY

WHAT IS MEANT BY AUTHORITY?

Authority is the right to make decision, the right to direct the work of other, and the right to give orders.
It is a crucial factor in organization since engineers and employees must be authorized to carry out the jobs
assigned to them.

SOURCES OF AUTHORITY

Authority derives from several sources. They are the person’s position or rank, and personal attributes such as
Knowledge and expertise

1. INSTITUTIONAL AUTHORITY
DEFINITION: Institutional Authority can be defined as the institutional right given to a person to exercise
power based on the resources of institution.

It is Authority given by institution to the qualified individual in order to meet their institutional objectives.

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This Authority is exercised by the making policy decisions, allocating resources, issuing orders, carrying out
the actions, giving recommendations, etc.,

LIMITS OF INSTITUTIONAL AUTHORITY:

In a company, the institutional Authority is given by the owners or stockholders of the company .In
practice, sometimes the owners of the company delegate the institutional authority to ineffective and
incompetent individuals. Those individuals may be unable to exercise their authority effectively in order to
meet the company’s objective.

2. EXPERT AUTHORITY:
Apart from institutional authority, there is an authority based on the knowledge and expertise.

Expert authority is the possession of special knowledge, skill or competence to perform some task or to give
sound advice.
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It is proved that the leaders with the expertise can more effectively guide and motivate oth then the
ers
conventional leaders. This concept is referred as ‘authority of leadership’

In today’s organization setup, the staff engineers, advisors, and consultants are given expert authority, while
institutional authority is assigned to the line managers.

AUTHORITY Vs POWER

The differences between institutional authority and power are as follows.

S.NO AUTHORITY POWER

1. It is a legal right of a superior which It is the ability of the person to influence the others to
compel his subordinates to perform an act. It may not have legal
perform certain acts sanction.
2 It is delegated to an individual by It is earned by an individual through his own
his superior effort
3 It lies in the position held and the It rests the individual. Even when the position has
authority changes with change in changed, his power remains with him.
position.
4 It is mostly well defined and finite It is undefined and infinite.

MORALLY JUSTIFIED AUTHORITY

The institutional authority assigned to employee may ensure in achieving the institutional objectives. But those
institutional rights and duties should necessarily be morally justified institutional rights and duties.

The institutional authority is set to be morally justified, only when:

 The goals of the institution are morally permissible or morally desirable, and
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  The way of implementation should not violate basic moral duties.
Therefore engineers should have moral obligations to perform only morally permissible institutional duties,
when they accept employment.

Accepting Authority

Employees accept/ recognize their employers’ authority by accepting the guidance and obeying the directives
issued by the employer. Rarely employees disobey an order on moral grounds.

According to Herbert Simon, “a subordinate is said to accept authority whenever he permits his behavior to be
guided by the decision of a superior, without independently examining the merits of that decision”.
Simon also noted that all employees have limits on “zone of acceptance” in which they are willing to
accept authority.

Generally employees are not interested to make an issue of every incident of questionable morality, because of
fear of losing their job/position.

Therefore the ‘zone of acceptance’ can be used as a measure of the lack of individual moral integrity.

Paramount obligations

The codes of ethics of the professional societies state that an engineer’s paramount obligation is to protect
public health, safety and welfare rather than the obligations of loyalty and faithful service to employers.

As professionals, engineers have obligations to accept their employers’ institutional authority. But this does not
mean that they have to obey obligations blindly. Therefore the basic moral task of engineers is to be aware of
their obligations to obey employers on the one hand and to protect and serve the public and clients on the other
hand.

Engineers must weigh their obligations to the public, their employers, their colleagues and others when
conflicts between such obligations rise.

COLLECTIVE BARGAINING

What is meant by collective bargaining?

 International Labor Organization (ILO) has defined collective bargaining as “negotiation about working
conditions and terms of employment between an employer and one or more representative employee’s
with a view to reaching agreement”.
 The process is collective in the sense that the issue relating to terms and conditions of employment are
solved by representatives of employees and employers rather than individuals.
 The term bargaining refers to evolving an agreement using methods like negotiation, discussion,
exchange of facts and ideas rather than confrontation.

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Process of collective bargaining:

The process of collective bargaining can be summarized in the following three steps:

Step – 1: Presenting the character of demands by the union on behalf of the constituent elements.
Step – 2: Negotiations at the bargaining table.

Step – 3: Reacting an agreement.

Unionism and Professionalism:

 Collective bargaining assumes ‘unionism’. Legally, any organization employing more than 20
employees could have a union. In organizations, more than one union is also permitted.
 The employers form unions to safeguard the interests of employees and to prevent exploitation of
employee.
 Many professional managers have argued that the ethical aspects of professionalism in engineering are
inconsistent with union ideology and practice.
 According to John Kemper, the unionism and professionalism are conflicting with each other.
Professionalism offers paramount importance to the interests of society and of employer. But unions,
also known as collective bargaining agents, consider the economic interests of the members ahead of
the interests of their employer.
 Also, a number of professional societies have emphasized that loyalty to employers and the public is
not possible with any form of collective bargaining.
 Even many professional societies indirectly instruct the engineers that they should not become shall
not actively participate in strikes, picket lines, or other collective coercive action.
 Thus professional societies oppose unionization because of the issue of conflicting loyalties and on the
grounds that is unprofessional.
 In a nutshell, the general view is that it is impossible for the engineer to belong to a union and at the
same time to maintain the standards of his profession.

CONCLUSION:

For the above discussions, the following conclusion can be made:

1. We can absorb whether collective bargaining and its tactics are ethical or unethical, only on the
basic of the given situation.
2. Though unions often have misused their power and irresponsibly disregarded the public good, the

formation of engineering unions should not be considered always unprofessional.

3. The moral assessment of unions is complex. Many morally relevant fact and factors should be
considered while judging about any union.

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ARGUMENTS OVER UNIONS

There are two arguments in favor of and against unions.

1. ARGUMENTS IN FAVOR OF UNIONS

 Unions play a vital role in achieving high salaries and improved standard of living of employees.
 Unions give employees a greater sense of participation in organization decision making.
 Unions ensure job security and protection against arbitrary treatment to the employees.
 Unions have the ability to resist any orders from the employers to perform unethical acts.
 Unions maintain stability by providing and effective grievance procedure for employee complaints.
 Unions can act as counter force to radial political movements that exploit theemployees.

2. ARGUMENTS AGAINST UNIONS

 Unions shatter the economy of a country by playing DISTORTING influence on efficient users
of labor.
 Unions remove person to person negotiations between employers and employees. Thus an individual
is not given much important in the process of collective bargaining.
 Unions encourage unrest and strained relations between employees and employee.
 Unions encourage the unhealthy concept of job promotion, salary hike, etc on the basis of seniority.
 Unions prevent employer from rewarding individuals for their personal achievements.
EXTERNAL RESPONSIBILITIES
 External responsibilities refer to the responsibilities of the engineers to the outside world.
 The responsibilities to the outside world include :
1. Confidentiality
2. Conflict of interest
3. Occupational crimes.

CONFIDENTIALITY
What is confidentiality?

 It is widely accepted that the engineers have an obligation to keep certain information of the
employer/client secret or confidential.
 Just as with lawyers and medical physicians, engineers also require the confidentiality principle
in their profession. For example, lawyers, doctors, and counselors keep information of their
clients/patients confidential. In the same way engineers have an obligation to keep proprietary
information of their employer or client conflidential.
 Confidentiality is highly emphasized in most engineering codes of ethics. For example, the NSPE states
that engineers shall not reveal facts, data or information obtained in a professional capacity without
the prior consent of the employer or client authorized by law or this code.
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Confidential Information:

 Confidential information is information deemed desirable to keep secret.

 According to the codes of ethics of ABET, Engineers shall treat confidential information coming
to them in the course of their assignment as confidential”.
 The most commonly considered criterion on the confidential information is as follows:
Confidential information is any information that the employer or client would like to keep secret
in order to compete effectively against business rivals.
 In general confidential covers both sensitive information given by the employer or client and
information gained by the professional in work paid by the employer orclient.

TERMS RELATED TO CONFIDENTIAL INFORMATION

1. Privileged Information

 IT refers information that is available only on the basis of special privilege. That is, information
available to an employee who is working on a special assignment.
 It includes information that has not yet become to public or known within an organization.
 This term is often used as a synonym for confidential information.

2. Proprietary Information

 It is the information that is owned by a company.

 It refers to a new knowledge established within the organization that can be legally protected from
use by others.
 This term is often used as synonym for ‘property’ and ‘ownership’.

3. Trade secrets

 A trade secret can be any type of information that has not public and which an employer has
taken steps to keep secret.
 These trade secrets may be about designs, technical processes, plant facilities, quality control
systems, business plans, marketing strategies and so on.
 Trade secrets are given limited legal protection against employee or contractor abuse. In the sense, an
employer can sue employees or contractor for leaking trade secrets or even for planning to do so.

4. Patents
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 Patents legally protect specific product from being manufactured and sold by competitors
without the permissions of the patent holder.
 Patents vs. trade secrets: A patent holder has legally protected monopoly power. But in case of trade
secrets, the legal protection is limited to keeping relationships of confidentiality and trust.

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 Why must engineering be kept confidential?

Many information such as privileged information, proprietary information, and trade secrets are very
important for a company to compete in the market. If such information is leaked to competitors, then the
competitors may gain competitive edge and may capture the market. Therefore it is in the company’s best
interest to keep such information confidential as much as possible.

What type of information should be kept confidential?

Some of the type information that should be kept confidential is:

 Information about the unreleased products.

 Test results and data about the products.
 Design or formulas for products
 Data should technical process.
 Organization of plant facilities.
 Quality control procedures.
 Business information such as number of employees working on project, the suppliers’ list, marketing
strategies, production costs, and production yields.

Justification and limits of confidentiality:

The obligation of confidentiality can be justified at two levels:

First Level: It focuses on three moral considerations- respect for autonomy, respect for promises, and regard for
public well-being.

Second Level: It focus on the major ethical theories. It includes justification of confidentiality by right
ethicists, duty ethicists and utilitarian.

We shall discuss the above considerations in the following sections.

1. First level of justification of the confidentiality obligation

(a) Respect for autonomy:
 It refers to respect the autonomy of freedom and self-determination of individuals and companies
in order to recognize their legitimate control over some information.Without the legitimate control, the
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individual and companies cannot maintain their privacy and protect their self-interest.

(b) Respect for promises:

 It refer to respect the promise (in the form of signing contracts) made by employees to the employer.
 It is the duty of the employee to respect the promises made to the employer.
(c) Respect for public well-being:

 There are public benefits in recognizing confidentiality, relationship within professional context.
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 The economic benefits of competitiveness to the public can be promoted only when
companies maintain some degree of confidentially concerning their product s.

2. Second level of justification of the confidentiality obligation:

(a) Justification by right ethicists:

 The right ethicists justify employees’ obligation of confidentiality by appealing to basic human rights.
 These ethicists argue that the rights of employers, to establish what information should be treated as
confidential, should be limited by other basic human rights.
 For instance, no employer should be given a right to safeguard proprietary information by preventing
engineers from whistle blowing in cases where those leaked information would save human lives and
their rights.

(b) Justification by duty ethicists:

 The duty ethicists insist on the basic duties of both employers and employees to maintain the trust
and to commit themselves to an employment agreement they have made.
 They also emphasize that nobody should abuse the property of others.
(c) Justification of utilitarian’s:

 View of rule-utilitarian’s: Rule-utilitarian’s view rules governing confidentiality as justified to the

extent that such rules protect the most good for the greatest number of people.
 View of act- utilitarian’s: Act- utilitarian’s focus on each situation when an employer decides on
some information to be confidential information.

Changing jobs and confidentiality:

 The obligation of protecting confidential information is not over when employees change jobs.
 Legally, an engineer is expected to keep information confidential even after the employee has moved
to a new employer.

Management policies for maintaining confidentiality:

Some general management policies for maintaining confidentiality are as follows:

Approach 1 : T o use employment contracts that place special restrictions on future employment. This type
of agreement the right of individuals to proceed their careers freely.

Approach 2: To use an employment contact that offers positive in exchange for the restrictions it places on
future employment.

Approach 3: To offer an employee a special post-employment annual consulting fee for several year on the
condition that he will not work for a direct competitor during thatperiod.

Approach 4: To tighten the security control on the internal flow of information by restricting access to trade
secrets. This may create an unhealthy working atmosphere of distrust.

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Approach 5: To have unwritten and informal agreements among competing companies not to hire another’s
more important employees.

However, a better feasible solution is that the employers have to create a sense of professional responsibilities
among their staffs that beyond merely following the employment agreements.

CONFLICTS OF INTEREST
What is a conflict of interest?

 In general, conflicts of interest means an individual has two or more desires that all interests cannot be
satisfied given the circumstances.
 Professional conflicts of interest are situations where professionals have an interest, if pursued,
could keep them from meeting one of their obligations to their employers. Examples:
o An employee working in a company depositing a substantial investment in a
competitors company.
o An employee working in a company serving as a consultant for a competitors company.
Difference between general conflicts of interest and professional conflicts of interest
 In general conflicts of interest, satisfying all desires/interests of a person cannot be possible
because of physical or economical or other problems. By contrast, the professional conflicts of
interest cannot be pursued only because of moral or ethical problems.
Types of conflicts of interest

The three important types of conflicts of interest are:

1. Actual conflicts of interest.

2. Potential conflicts of interest and
3. Apparent conflicts of interest.
1. Actual conflicts of interest
 The actual conflicts of interest arises when an employee compromise objective engineering judgment.
 It refers to the loss of objectively in decision-making and inability to faithfully discharge
professional duties to employer.
 Example: A mechanical engineer working in the purchase department of an automobile industry might
have his personal influence while offering the contract for supply of raw materials to a vendor .In this
case pursing his financial interest with the vendor might lead him not to objectively and faithfully
discharge his professional duties to his industry.
 Thus actual conflicts of interest can corrupt professional judgement.
2. Potential Conflicts of interest
 The potential conflicts of interest may corrupt professional judgment in the future, if not
in the present.
 Although potential conflicts of interest may not harm the interest of the employer
initially, there is a threat that potential conflicts of interest will become actual conflicts of interest at
later stage.
 Example: An engineer becoming a friend with a supplier for his company. In this case,
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 the engineer may not have conflicts of interest initially. However, in future he may favour his friend, as
in the case of actual conflicts of interest.
3. Apparent Conflicts of Interest
 There are situations in which there is the appearance of a conflict of interest. This type is
referred as apparent conflicts of interest.

 Apparent conflicts of interest actually not corrupting the professional judgment. However
it decreases the confidence of the employer and the public in the objectively and trustworthiness of
professional services. Thus it harms both the profession and the public.
 Example: Consider a situation, where a design engineer is based on a percentage of the
cost of the design and there is no incentive for him to reduce the costs down. In this context, it may
appear that the engineer will
make the design more expensive in order to earn more commission for himself. This appearance
of conflict of interest may cause the distrust on the engineer’s ability to perform his professional
duties.

What Do The Engineering Codes of Ethics Say About Conflicts Of Interest?

Some of engineering codes that address conflicts of interest are given below:

1. Fundamental canons of the NSPE code says:

 “Engineers shall not be influenced in their professional duties by conflicting interests”.
 “Engineers shall not accept financial or other considerations, including free engineer
designs, from material or equipment suppliers for specifying their product”.
 ‘Engineers shall not accept commissions or allowances, directly or indirectly, from
contractors with work for which the Engineer is responsible”.
2. Fundamental canons of ethics of ABET says:
 “Engineers shall not solicit nor accept gratuities, directly or indirectly, from
contractors, their agents, or other parties dealing with their clients or employers in connection with
work for which they are responsible”.

Conflicts of Interest and Accepting Gifts/Bribes

 Mostly engineers find themselves in actual, potential, or apparent conflicts of interest are
those involving accepting gifts.
 What is a bribe?
 A bribe is something such as money or a favor, offered or given to someone in a position
or trust in order to induce him to act dishonestly.
 It is something offered to influence or persuade.
 What are the ethical reasons for not tolerating bribery?
Bribes are illegal and immoral because of the following three reasons:

1. Bribery corrupts free market economy system and it is anticompetitive.

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 2. Bribery corrupts justice and public policy by allowing rich people to make all the rules. In
today’s business,It is understood that only large and powerful companies will survive, since they are
capable of providing bribes.

3. Bribery treats people as commodities that can be bought and sold. This practice degrades the
human beings and corrupts both the buyer and the seller.

 What is meant by the term ‘kickbacks’?

 Kickbacks are another form of bribing.
 Prearranged payments made by contractors to companies or the ir representatives in
exchange for contracts actually granted are called ‘kickbacks’.
 When is a gift a bribe?
(What are the difference between gift and bribe?)
 Gifts are not bribe as long as they are gratuities of smaller amounts. But bribes are illegal
and immoral because they are worth of substantial amounts.
 Gift may play a legitimate role in the normal conduct of business whereas a bribe influences the
judgment.
 In olden days the following thumb rule was applied: “A gift is a bribe if one can’t eat, drink
or smoke it in a day”.
 Today a more appropriate thumb rule says:
“If you think that your offer of a particular gift would have grave or merely embarrassing
consequences for your company if made public, then the gift should be considered as a bribe”.

What is moonlighting? Does it create conflicts of interest?

 The term moonlighting is used when employee of a company works for another company during
his spare time’
 Moonlighting creates conflicts of interest only in special circumstances, such as working
for competitors, suppliers, or customers.

Different ways to avoid Conflicts of interest:

It is understood that all conflicts of interests, whether actual, potential, or apparent should be avoided in all
possible ways. Some of the effective ways to avoid conflicts of interests are as follows:

 To follow the guidance of company policy.

 In the absence of company policy, one can go for a second opinion from a coworker or manager.
 In the absence of above two options, It is better to examine one’s own motives and use ethical problem
solving techniques.
 Finally, one follows the statements in the professional code of ethic. Some of the codes have given
clear statements to identify whether the given situation is a conflict of interests or not.

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 OCCUPATIONAL CRIMES
What Are Occupational Crimes?

 Occupational crimes are illegal acts committed through a person’s lawful employment.
 It is the secretive violation of laws regarding work activities.
 When professionals or office workers commit the occupational crimes, it is referred as
‘White Collar Crime’.
 Most of the occupational crimes are special instances of conflicts of interest. These crimes are
motivated by personal greed, corporate ambition, misguided company loyalty, and many
other motives.
 Even crimes that are aimed at promoting the interest of one’s employer ratherthan oneself are
also considered as occupational crimes.
 Occupational crimes impinge on various aspects such as professionalism,loyalty, conflicts of
interest, and confidentiality.

Examples of Occupational Crimes

Three cases of occupational crimes that are commonly observed are:

1. Price fixing.
2. Endangering lives and
3. Industrial espionage i.e. industrial spying.

1. Occupational Crimes of Price Fixing

 While fixing a price for any commodity/product/service, sometimes all competitors come
together and jointly set the prices to be charged. These are called as Pricing cartels.
 The above price fixation is unfair and unethical practice. This leads to restraint the free trade
and open competition. Thus the above kind of price fixing is anexample of occupational crime.
 Case Illustration: In 1983, in American state of Washington, six large electrical contractors along
with eight company presidents and vice presidents were indicted on charges of fixing bids (contracts)
for building public power plants. This isevident instance of occupational crime.
 In order to avoid the above kind of occupational crimes, the laws are enforcedwhich forbids
companies from jointly fixing prices.

2. Endangering Lives
 Endangering the lives of employees is another kind of occupational crime.
 Some companies employ workers without disclosing them the harmful health effects and safety
hazards about the working environment and the product to be manufactured. In due course of
time, workers are exposed to very serious health problems. In this case, the employers are
guilty of involved in an occupational crime.
 Case Illustration: Manville Corporation, the largest producer of asbestos in U.S,
knew that asbestos dust was harmful for their employees’ health. It could cause a lung disease
named ‘asbestosis’ and an incurable cancer named ‘mesothelioma’. The company kept this

23
 information secret from the employees and the public.
During 1940-1979, over 27 million workers were exposed to asbestos and more than
1,00,000 workers have died. Many victims and their families have successfully filed civil
suits to claim damages.
 The above shocking case study is the typical illustration of an occupational crime
committed by the Manville Corporation.

3. Industrial Espionage
 Industrial espionage means industrial spying. Espionage refers secret gathering of information
in order to influence relationships between two entities.
 Keeping information secret is a right. But acquisition of others’ secret to one’s advantage
is espionage. The espionage is one of the most unethical andlawless activities.
 The vital information are secretly gathered/theft through espionage agents (also called
spies).
 Industrial or corporate espionage is the theft of trade secrets of economic gains.The trade secret
may be any of the intellectual properties such as designs, prototypes, formulas, software codes,
passwords, manufacturing processes, marketing plans, supplier/contractor details, etc.
 From the above discussion, it is clear that the industrial espionage is also atypical occupational
crime existing in our society.

RIGHTS OF ENGINEERING

PROFESSIONAL RIGHTS AND EMPLOYEE RIGHTS

Engineers not only have many responsibilities, they also have rights to go along with these responsibilities.
Always rights, duties and responsibilities go together. In fact, rights and responsibilities go together. In
fact, rights and responsibilities are two sides of the same coin.
In most popular definition of right states, “A right is a valid claim to something and against someone
which is recognized by the principles of an enlightened conscience”.

TYPES OF RIGHTS:
The concept of rights can be categorized into the following three types:
1. Human rights
2 .Employee rights
(a) Contractual rights,
(b) Non-contractual rights.
3. Professional rights
1. Human Rights
 Human rights are the rights possessed by virtue of being people or moral agents.
 The fundamental human rights adopted by the united Nation’s international billsof human rights
are listed
(1) Rights to life
(2) Rights to liberty
(3) Rights to security of person
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 (4) Rights not to be held in slavery
(5) Rights not to be tortured or subjected to inhuman or degrading punishment (6)Rights to
recognition before the law
(7)Rights to impartial trail and protection from arbitrary (8)Rights to
freedom to movement
(9) Rights to marriage
(10) Rights not to marry without free consent
(11) Rights to property ownership
(12) Rights to freedom of thought
(13) Rights to peaceful assembly and participation in government.
(14) Rights to social security and work
(15) Rights to education
(16) Rights to participate in and from trade unions
(17) Rights to nondiscrimination

(18) Rights to a minimal standard of living

 Thus engineer, as human being, have human rights to live and freely practice their
legitimate interests.

2. Employee Rights
 Employee rights are the rights that apply or refer to the status or position of employee
Types of employee rights:
 (1)Contractual employee rights.
 (2)Non-contractual employee rights.
(1) Contractual Employee Rights

 These employee rights are institution rights that arise only due to specific
agreements in employee contact.
 Examples: The contractual employee rights include
 Rights to receive a salary of a certain amount
 Rights to receive other company benefits such as bonuses, salary increment, etc.
(2) Non-Contractual Employee Rights

 These are Rights existing even if not formally recognized in the specificcontracts of company
policies
 Examples: The Non-contractual employee rights include
 Right to choose outside activities;
 Right to Privacy and employer confidentiality;
 Right to due process from employer;
 Right to nondiscrimination and absence of sexual harassment at the workplace

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(3) Professional Rights

 Professional rights are the rights possessed by virtue of being professionals having special
moral responsibilities.
 Examples: The professional rights include
 Right to exercise one’s professional judgment on the basis of
his conscience.
 Rights to refuse to involve in unethical activities
 Rights to warn the public about harms and dangers
 Rights to express one’s professional judgment, include his rights to disagree
 Rights to fair recognition and remuneration for professional services.

VARIOUS ASPECTS OF PROFESSIONAL RIGHTS

Rights of professional Conscience:

 It is one of the most fundamental Rights of engineers.

 The rights of professional conscience refer to the moral rights to exercise responsible
professional judgment in discharging one’s professional responsibilities.
 In simple words, it is the rights to do what everyone agree obligatory for the
professional engineer to do.
 The Rights of conscience is a ‘negative’ right. because its place on obligation on other
people not to interface with exercise
 In order to exercise the rights of professional conscience, engineers require special resources
and support from others. So, this right is also considered as a ‘positive’ right, as it is placing
on the other people an obligation to do more merely not interfering.
Specific Rights:

 The right of professional conscience is most general professional rights. It consists of

many other specific rights. Two important specific rights are:
(1).Right of conscientious refusal, and
(2).Right of recognition.

1. Rights of conscientious refusal:

 The right of conscientious refusal is the right to engage in unethical behavior.
 According to this rights, no employer can force or pressure an employee to do
something that the employee considers unethical unacceptable.
 The rights of conscientious refusal arises two situations:
1. Where there is widely shared agreement in the profession regarding ethical
and unethical acts, and
2. Where there is a possibility for disagreement among the people over unethical
acts.
 Thus the engineers should have a moral right to refuse in participating unethical activities. The
26
 example of unethical activities are forging documents, lying, giving or taking bribes , selling the
company secrets to others, information theft, etc.
 Also the employers should have a moral right not to force or pressurize the employee
to participate any unethical activities. Employers should not useany revenge techniques
against the employees in this regard.

2. Right to Recognition:
 The right to recognition refers to the engineer’s right to professional recognition for their work
and accomplishments.
 The recognition/reward may be of any one of the following types :
1. Extrinsic Rewards: These are related to monetary remunerations such as
increased salaries, commissions, cash bonus, gain sharing, etc.

2. Intrinsic Rewards: These are related to non-monetary remunerations such as

acknowledging achievements by issuing appreciations letters, certificates and oral praises, etc.

FOUNDATION OF PROFESSIONAL RIGHTS:

The basic professional rights discussed so far, can justified by the ethical theories as given below.

1. Rights Ethics:
 Rights ethics emphasizes that should all have human moral rights, and any action that
violates these rights is unethical.
 Thus rights ethicists justify the basic right of professional conscience by referringto t he human
moral rights.

2. Duty Ethics:
 Duty ethics emphasizes that is duties should be performed, without considering much about moral
rights.
 For example, if an individual has a right to do something, it is only because others have duties or
obligations to support him to do so. In this view, the basic professional rights is justified by
reference to others duties to support or not interfere with the work-related exercise of professional
s conscience.

3. Utilitarianism:
 Utilitarian theory argues that the greatest good is promoted by allowing engineers to practice their
obligations.
 Thus the utilitarianism justifies the right of professional conscience referring to the basic goal
of producing the most good for the greatest number of people.

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WHISTLE BLOWING:What does whistle blowing mean?

 Whistle blowing is the act by an employee of informing the public or higher management of unethical
or illegal behavior by an employer or supervisor.
 It is the act of reporting on unethical conduct within an organization to someone outside of the
organization in an effort to discourage the organization from continuing the activity.
 According to the codes of ethics of the professional engineering societies, engineers have the
professional rights to disclose wrong doing within their organization and expect to take appropriate actions.
Thus in a way, whistle blowing is also one of the professional rights of engineers.
 On the other hand, the employers/companies view whistle blowing as a bad exercise. Because they feel
that whistle blowing can lead to distrust, disharmony, and an inability of employees to work together.
 Example: Journalists and media persons blow the whistle on politicians to bring out their corruption by
publishing articles or informing regulatory authorities.

Whistle Blowing Defined:

 General Definition: Whistle blowing is alerting relevant persons to some moral or legal corruption,
where relevant persons are those in a position to act in response, if only by registering protest.
Subjective Definition: Whistle blowing occurs when an employee or former employee conveys
information about a significant moral problem outside approved organization channels to someone in a
position to take action on the problem.

The definition has four main parts.

1. Disclosure: Information is intentionally conveyed outside approved organizational channels or
in situations where the person conveying it is under pressure from supervisors or others not to do
so.
2. Topic: The information concerns what the person believes is a significant moral problems for the
organization. Examples of significant problems are serious threats to public or employee safety and
well being, criminal behavior, unethical policies or practices and injustices to workers within the
organization.
3. Agent: The Person disclosing the information is an employee or former employee.
4. Recipient: The information is conveyed to a person in an organization that is in a position to act on
the problem. The desired response or action might consist in remedying the problem or merely alerting
affected parties.

Types of Whistle Blowing:

The four type of whistle blowing are given below:

1. Internal Whistle Blowing: Internal Whistle blowing occurs when the information is conveyed
to someone within the organization.
2. External Whistle Blowing: External Whistle blowing occurs when the informationis passed
outside the organization.
3. Open Whistle Blowing: Open whistle blowing also known as acknowledged whistle blowing
occurs when the persons openly reveal their identity as they convey theinformation.
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4. Anonymous Whistle Blowing: Anonymous whistle blowing occurs when the persons who is

29
 blowing the whistle refuses to reveal his name when making allegations.

Moral Guidelines:

1. When is the whistle-blowing morally permissible?

Richard Degeorge has provided a set of criteria that must be satisfied before whistle blowing
can be morally justified. Degeorge Believes that whistle blowing is morally permissible when the following
three criteria are met:

1. If the harm that will be done by the product to the public is serious and considerable.

2. If the employees report their concern to their superiors.

3. After not getting satisfaction from immediate superiors ,regular channels within the organization have
been used to reach up to the highest levels of management

4. There is reasonable hope that whistle blowing can prevent or remedy the harm.
2. When is the whistle-blowing morally obligatory?

Degeorge believes that whistle blowing is morally obligatory when the following two criteria is met:

1. If the employee has documented evidence that would convince a responsibleimpartial observer that
his view of the situation is correct and the company policy is wrong; and

2. If the employee has strong evidence that making the information policy that public willin fact prevent
the threatened the serious harm.

PREVENTING WHISTLE BLOWING

In order to solve the whistle blowing a problem within a company, any one of the following four methods
can be used:
1. The company should create a strong ethics culture. There should be clear commitment to the
ethical behavior from both employers and employees.

2. The organization should remove rigid channels of communication. Instead of they

should encourage free and open communication system within the organization,

3. The companies should be Create ethical review committee with real freedom to
investigate the complains and make independent recognitions to top management.
4. There should be willingness on the part of the management to admit mistakes, if
necessary. This attribute will set an atmosphere for employee’s ethical behavior.

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EMPLOYEE RIGHTS:

What are the Employee Rights?

 As discussed in section employee rights are any rights, moral or legal, that involve the status
or being of an employee.
 In fact the professional rights are also employee rights. For example the professional rights
to express dissent about company policies are also evidently employeerights.
 Employee rights also include fundamental human rights relevant to theemployment situation.
 As stated already, employee rights are of two types:
o Contractual employee rights and
o Non-Contractual employee rights.
Right To Outside Activities:

 As per the basic human rights all employees have the right to practice outsideactivities of their own
interest without any interference from employers.
 However, the rights of employees to practice outside the activities and shouldnot violate the
duties and responsibilities to their jobs.
 Also the employers have the right to take action when outside activities create aconflict of interest,
 In addition employees have no right to damage their employer’s interests even during non-
working hours.

Rights To privacy:

 The right to personal privacy means the right to have a private life off the job.
 In other words, the right to privacy is also limited by the legitimate exercise of
Employer’s rights. The employers can obtain and use information of employees for their
effective management of the company. However this personal information should not begiven to
outsiders.

Rights to Due Process:

 The rights to due process means right to fair procedures safeguarding protecting the exercise
of other rights.
 This righty also extends to fair procedures in firing, demotion, and otherdisciplinary actions.
 In order to implement the right of due process, the following two general procedurescan be used:
1. Written explanations, specifying the reasons, should be given to employees whoare penalized in
any ways.
2. An appeals procedure should be established so that an employee can appealagainst their
penalties if he believes his rights have been violated.

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 INTELLECTUAL PROPERTY RIGHTS (IPR):
What is an intellectual property?
1. Intellectual property is a property that results from mental labor.
2. The intellectual property is originating mainly from the activities of the humanintellect.
3. Intellectual property is the information and original expression that derives its original value from
creative ideas with a commercial value.
4. In the legal sense, intellectual property is a patterned invention, a trade secretor copyrighted material.
5. Like other properties intellectual property is also an asset which can be bought orsold licensed and
exchanged.
What Are The Intellectual Property Rights?
1. Intellectual property is a class of property originated from the activities of the human intellect.
Any property movable or immovable is legally protected to prevent it from being stolen.
2. These rights are governed by the law on IPR of the country which grants such rights.
3. IPR allows the people to independently own their innovations and creativity, whichis similar to
legal protection of any other properties.

4. The IPRs safeguard and encourage the innovations in the various sectors of the benefit
of this society.

Elements of Intellectual Property Rights

The WTO has established seven elements of IPRS, which were agreed by TRIPS, they are:

1. Patents.
2. Industrial Designs
3. Trade Marks
4. Copy Rights
5. Trade Secrets
6. Design of integrated circuits
7. Geographical Indications.

1. PATENTS:
 Patents are the legal rights approved for new inventions involving scientific and
technical knowledge.
 Patent means an official document giving the holder the sole right to make use or sell an invention
and preventing others from copying it.
 To be patient the invention must be useful, original, new, unusual and hardlynoticeable.
 As invention may be a product, method, apparatus, design, composition of mattersetc But one

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 cannot patient a way of doing business or anything that occurs in nature.
 The validity period of most of the patents are 20 years from the date of the filling However for the
design patents such as new design for a product the patent validity is 14 years.

2. INDUSTRIAL DESIGNS:
 It is the right to safeguard one’s industrial designs.
 As stated by TRIPS, a design is an idea or conception as to the features to the shape configuration
pattern, ornament of composition of lines or colors applied to anyarticle, two or more dimensional or
both any industrial process or means which is the finished article appeals and is judged to the solely
by the eye or product.

3. TRADEMARKS:
 Trademarks is a visual symbol in the form of words, phrases, sound or symbol associated with goods or
services.
 Trademark means a registered design or name used to identify a company’s goods.
 It is used to indicate the public the origin of manufacture of the goods affixed with that mark.
 Examples: Pepsi is a registered trademark in soft drinks; Thomson in electronicgoods: and nestle in
food products.
4. COPYRIGHTS:
 Copyright means the legal right held for a certain number of years to print publish sell
broadcast perform film or record an original work or any part of it.
 The copyrights product the expression of the idea, not the idea themselves.
 The copyright expires fifty years after the death of the author.
 Example: Poems, paintings, script of movies and computer programs.

5. TRADE SECRETS:
 Trade secret means a device or techniques used by a company in manufacturingits products etc
and keep secret from other companies or the general public.
 Trade secret such as formulas, patterns, methods, and data compilations are kept secret in order
to gain a competitive advantage over the competitor.
 Though the trade secret cannot be registered like the other intellectual propertiesthefts of trade
secrets are legally considered as crime.
 Examples: The formula of Fanta soft drink and the formula for making drugs.

6. DESIGN OF INTEGRATED CIRCUITS:

 It is the right granted to the inventor to prevent anybody making use of the designof integrated
circuits, semiconductor devices, and other electronic devices.
 Example: Invention of a new microprocessor chip.

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7. GEOGRAPHICAL INDICATIONS:
 Geographical indications identify goods as originating in the territory of a country, a origin or a
locality in that territory where a specific quality reputations or other characteristics of the goods is
the essentially attributed to their geographicalorigin.

 The legal rights secured for an intellectual property under appropriate under legislation can
be enforced only within the boundaries of the country which grants such rights.
 Examples: Tirunelveli halwa, Dindugal locks, sivakasi crackers, kancheepuram sarees.
BENEFITS OF INTELLECTUAL PROPERTY RIGHTS:

The benefits of implementing the IPRS are given below:

 IPRS promote incentives for the inventions industrial and economical developments of a country.
 IPRS provide incentives for the inventions and ensure adequate returnson
commercialization of the invention.
 IPRs are useful in identifying unprotected areas to avoid violation.
 IPRs provide use the invention for the public purpose.

DISCRIMINATION:
What is the discrimination?
1. Discrimination is the unequal treatment of an individual intentionallyor unintentionally.
2. Discrimination refers to the treating the people unfairly because of one’s sex, race, skin color, age or
religious outlook.
3. Discrimination based on these aspects of the biological makeup and basic convectionis disgraceful.
4. Discrimination violates the fundamental human rights of fair and equal treatment humans.
5. Discrimination defined: Discrimination is a morally unjustified treatment of peopleon arbitrary or
irrelevant grounds.
Preferential Treatments:

1. Preferential treatment mean giving an advantage to a member of a group that is the past was denied
equal treatment in particular women and minorities.

2. The preferential treatment s are also referred as reverse preferential treatments, as it reverses the
historical order of preferences.

TWO KINDS OF PREFERENTIAL TREATMENT:

1. Week Preferential Treatment: In involves giving an advantage to members of traditionally discriminated-

against groups over equally qualified applicants who are members of other group.

2. Strong Preferential Treatment: In involves giving preference to minority applicants women

over better qualified applicants from other groups.

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ARGUMENTS OVER PREFERENTIAL TREATMENT:

1. Arguments Favoring Preferential Treatment:

 A rights ethics who favor preferential treatment emphasizes on the principle of compensatory
justice. According to them past violations of rights must be compensated. So preference should be
given on the basis of the membership in a group that has been disadvantaged in the past.
 The utilitarianism who favors preferential treatment argues that the women and
minorities should be integrated into the economic and social mainstream.

2. Arguments against Preferential Treatment:

 It can be argued that preferential treatment is a straightforward violation of others people rights to
equal opportunity.
 It is also argued that there is the economic harm that results from a policy of not
consistently recruiting the best practice is the best qualified person.
 The reverse discrimination is unfair in the present the similar to the unfair discrimination made
against the disadvantaged groups in the past.

Thus in the present scenario it is very important to find a way to balance these for and against arguments over
preferential arguments over preferential treatments in order to achieve the social integration.

SEXUAL HARASSMENT

 Sexual harassment is a particular undesirable, objectionable from the sex discrimination

 Definition of sexual harassment.
1. ”sexual harassment is any sexual oriented practice that endangers a woman’s job that
undermines her job performance and threatens her economic livelihood”.

2. ”sexual harassment is the unwanted imposition of the sexual requirements in the context of a
relationship of unequal power”.

 Sexual harassment can be sexual harness as it violates the basic human rights topursue one’s work
free from the pressures, fears, penalties, and insults.

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