Interpretations a), b), and c)

Clearly, in order to protect the safety, health and welfare of the public, you must be competent to provide professional advice. Professional licensure is a process managed by states and territories of the U.S. to certify that professionals in a variety of occupations, including engineering, are minimally competent. It is illegal to offer certain kinds of professional services to the public without a valid license. The issue of competence adds an ethical dimension, however. As with Canon 1, various models can be considered when interpreting Canon 2.

According to the Malpractice Model, if you meet the letter of the law, you have met the standard for competence. For example, in some states, professional engineering licensure is by discipline. If you are licensed as a mechanical engineer, having passed an examination and a review of your educational credentials and experience to establish your competence, you are legally permitted to design a mechanical system. Does it make any difference if the project you are working on is the design of a bridge crane, when all of your recent practice has been in HVAC? A Malpractice Model would say that you are legally permitted to work in your area of licensure as long as you follow all of the current codes and specifications. Competent engineers should be able to access and utilize codes and standards applicable to their disciplines.

The Due Care Model imposes a different standard. You must have the appropriate experience and training to complete the project without endangering the public, and you, or perhaps your employer, must decide whether you have the appropriate expertise to carry out a project. In this model, the legal issue of licensure is less important than the consequences of your professional activities on the health and safety of the public. Under this model, your licensure status alone is not an adequate guide to your competence. In many workplace settings, particularly within industries, professional licensure is neither required nor widely expected for those engineers who do not offer their services to the public.

The Good Works Model strives to best serve the interests of the public. This model focuses not on legality, but on what provides the greatest benefit to society.

Here is a case study of an engineer’s professional qualifications to certify an installation. A licensed engineer is asked by his supervisor, who is also a military superior, to certify a facility. The engineer does not feel qualified. What should his response be? The Malpractice Model suggests that the engineer has the appropriate license, and could therefore legally sign the certification, even though he does not feel competent to do so. The Due-Care Model, however, would require that the engineer be confident in his ability to make a competent professional judgment.

In this case, the supervisor is also a military superior. How is the engineer to resolve the apparent conflict between his military duty and his professional engineering obligations? In a situation like this, the engineer might refuse his superior’s request because he does not believe he (the engineer) is competent to certify the facility.

As you advance in your career, you are likely to manage increasingly complex projects that involve many people. It is incumbent on you to ensure that your subordinates are competent, since you probably won’t have the expertise to oversee the technical details in all areas, but are responsible for ensuring that the public’s safety is protected. As the manager, you bear ultimate responsibility for the entire project. The Malpractice Model requires that each engineering decision is approved by a licensed engineer. The Due-Care Model calls for you to determine whether each of the engineers involved is able to undertake his or her assignments, regardless of licensure. The critical issue is your responsibility to the public. You may not undertake projects unless you are technically qualified to do so. However, you may delegate portions of a project to other qualified personnel. Your responsibility in that case is to be secure in your determination that everyone working on the project is qualified to carry out his or her assignment.

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