EML4550, fall 2007 1

EML 4550: Engineering Design Methods

Lecture onProfessional and Social Issues in Design

Professionalism and ethics, codes and standards, product liability, legal issues, intellectual property,

etc.

Hyman: Chapter 4Schinzinger & MartinOnline Ethics Center

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Outline

Societal aspects Professionalism Engineering societies Professional registration Engineering ethics (emphasize later) Codes and standards (slight revisit) Product liability Intellectual property and patents

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Engineers in Society

The work of engineers is done in the context of a surrounding society, and they impact each other

Characteristics of the engineering profession (noble trade). Design activities are at the center of engineering

Relationship among science, technology, society, and engineering “Science and Engineering” “Science and Technology”

Contributions by Engineers go well beyond the traditional realms of “science and technology”: Politics and statesmanship, arts, humanitarian efforts, management and investment, etc.

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Professionalism

Professional vs. Non-professional activities:

Work involves using skills, judgment, and discretion that are not routine or mechanized

Preparation to perform duties requires extensive formal training

A specialized organization exists for setting codes and standards, including examinations to be admitted to the profession

A commitment to serve the public good and protect its well-being

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Professional Societies

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Honorary Societies

NAE (National Academy of Engineering): established since 1964; providing engineering leadership in service to the nation

NAS (National Academy of Sciences): since 1863 by President Lincoln

NRC (National Research Council): since 1916 Presidential Commissions Tau Beta Pi (students honor society): founded 1885 Pi Tau Sigma (ME) Eta Kappa Nu (EE)

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Activities of Professional Societies

Codes and Standards (see below) Technical specialties and divisions

Elected officials Newsletters and technical publications

Geographical subdivisions Student chapters Other activities

Awareness (E-Day, etc.) and education Conferences Publications Lobbying Professional honors

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Registration (PE license)

NCEES (National Council of Examiners for Engineering and Surveying) State-by-state with national recognition Two-step process

Fundamentals of Engineering Exam (FEE) >>> EIT Principles and Practice Examination (PPE) >>> PE (usually 4

years experience)

Required for some jobs, not so for others (public works-generally require PE license vs. product design)

Very useful for consulting or private practice

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Engineering Ethics (will be covered more in the next lecture note)

Professional behavior and the need to serve the public welfare are combined in a “Code of Ethics”

Slight variations among the societies but they all cover similar ground

Engineering Ethics: Study of the moral problems confronted by individuals and

organizations in the conduct of engineering activities Study of related questions about moral conduct, character,

ideals, and relationships of people and organizations engaged in technological development

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In-class discussion – Point-by-point

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Sources of ethical dilemmas

Conflicts of interest Illicit gain of knowledge Witness unsafe practices, designs, or conditions Witness unethical behavior Requests to implement solutions that are unsafe or

unethical

Course of action: Distinguish disagreements from ethical questions Follow basic steps and procedures to bring it to light It is never “someone else’s problem”!!!

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Codes and Standards

Codes and standards were developed by professional societies to protect people from poorly-designed equipment (not necessarily willful neglect, oftentimes ignorance) - ASME pressure vessel code

What is a standard?:A compilation of rules and guidelines to follow in the design of specific systems, use of materials, safety margins, etc., usually voluntary and do not have the force of law. Codes are standards adopted by governmental bodies and carry the force of law.Strong incentive to apply standards for liability reasons

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Types of standards

Conformity and compatibility among products Public safety (50,000 deaths and 2 million injuries

annually due to boiler explosions led to the ASME pressure vessel code)

Health and welfare (emissions, energy efficiency, etc.)

Terminology Process-oriented rather than product-oriented (ISO

9000)

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Legal issues in Engineering

Product and professional liability Civil code and not criminal code (some exceptions)

Knowledge/Willful conduct vs. ‘ignorance’ No presumption of guilt or innocence (who is at fault and in

what proportion) No need for unanimity in jury (!!!!!) No need for ‘beyond reasonable doubt’ applies, based on

‘preponderance of evidence’ Sky-is-the-limit awards State by state (little or no federal jurisdiction), not very

consistent

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Liability issues

Privity doctrine (in place until early 20th century) Liable only if contract exists

Negligence doctrine (1916 car accident) The design created a concealed danger Failure to incorporate safety devices Product made from inadequate materials Failure to warn user of danger

Negligence: Simple Gross (intent) Criminal (reckless) results in personal injury or death

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Liability issues (Cont’d)

Strict liability: the manufacturer is liable if Product was defective and unreasonably dangerous The defect existed at the time the product left the

defendant’s control The defect cause the harm The harm is appropriately assigned to the defect

This is the prevailing doctrine for product liability

Defects Production

Organization Design

Organization or person

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Implications to the design engineer

Two views: Liability has stifled progress Liability has created better products

Key concepts Product will be used in inappropriate ways Design engineer is not shielded from liability due to

inappropriate use Design engineer is responsible for protecting people from

their own stupidity!

Use design strategies Fault tree analysis (reliability) Prepare user manuals (careful documentation) Involve lawyers throughout the design process

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Intellectual Property

Patents A legal document issued by the government to an inventor, which

contains a detailed description of what the invention is and how to make or use it and provides rights against potential infringements.

The patent process Disclosure (first step, witnesses, references, etc.) Patent application (work with attorney) Patent prosecution (attorney)

The patent system USPTO (Patent and Trademark Office)- Dept. of Commerce (patent

search) First-to-conceive vs. first-to-file

Other intellectual property Copyrights: mostly to published materials, reports, engineering

drawings, etc.. Trademarks: brand names, slogans, and symbols. Trade secrets

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Patent drawings

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Implications to Projects

Conduct all project activities in a professional and ethical manner

Explicitly comply with codes and standards when they apply

Be mindful of safety and product liability issues surrounding the product being designed

Be mindful of intellectual property issues (both impacting or stemming from product design)