Ghana Institute of Engineers Location

Ghana Institute of Engineers Location

Ghana Institution of Engineers Code of Ethics

PREFACE

This Code of Ethics was approved by the National Redemption Council in June 1975 in accordance with The Professional Bodies Registration Decree 1973, NRCD 143.

All Corporate Members, Non-Corporate Members and Students are requested to order their conduct in conformity with this Code.

The Constitution provides for disciplinary action to be taken by the Council in case of wilful contravention of the Code.

It is, however, assumed that the Code is observed not because of the penalty that may follow a contravention but because Members of the Institution recognise the duty they owe to Society and to themselves to uphold the standing and reputation of the engineering profession.

1st Published: September 1975

2nd Publication: September 1992

3rd Publication: September 2009

4th Publication: March 2012

PROFESSIONAL ENGINEERING PRACTICE OF THE GHIE

Objectives

To ensure that engineering practice in the country conforms to established technical, environmental and safety standards.

To assist in the planning and utilisation of the country’s resources by ensuring that all public projects which malfunction are fully investigated, for meaningful lessons to be established, and where possible, the malfunction to be corrected.

To ensure that equipment and machinery imported into assembled or manufactured in the country meet laid down criteria established by existing Institutions and planned complementary Test Laboratories. To enforce the Code of Ethics accepted by all Engineering Practitioners on joining the Ghana Institution of Engineers.

CODE OF ETHICS

1.0Preamble

1.1Honesty, justice and courtesy form a moral philosophy, which associated with mutual interest among people, constitute the foundation of ethics. Members of the Ghana Institution of Engineers shall recognise such a standard, not in passive observation, but as a set of dynamic principles guiding their conduct and way of life; their duty to practise the profession according to this Code of Ethics.

1.2As the keystone of professional conduct is integrity, members shall discharge their duties with fidelity to the public, their employers and clients with fairness and impartiality to all. It shall be their duty to interest themselves in public welfare, and to be ready to apply their special knowledge for the benefit of mankind. Members shall uphold the honour and dignity of the profession and also avoid association with any enterprise of questionable character. In their professional conduct, members shall be fair, tolerant and courteous.

2.0 Professional Life

With regards the professional life of the engineer, members shall:

2.1Be committed to developing and improving their knowledge skills and competence on a continuing basis.

2.2Co-operate in extending the effectiveness of the engineering profession by interchanging information and experience with other engineering practitioners and students and by contributing to the work of engineering societies, schools and the scientific and engineering press.

2.3Employ systems and processes that will ensure the consistent delivery of competent services.

2.4Comply with relevant national and international laws, rules, regulations and standards.

2.5Not advertise their work or merit in a self-laudatory manner, and shall avoid all conduct or practice likely to discredit or do injury to the dignity and honour of the profession.

2.6Not improperly solicit professional work either directly or indirectly or by an agent, nor shall pay, by commission or otherwise any person who may introduce clients to them.

3.0Relationships with the Public

In relating with the public, members shall:

3.1In their professional conduct, endeavour to extend public knowledge of engineering, and shall discourage the spreading of untrue, unfair and exaggerated statements regarding engineering.

3.2Have due regard for the environment, the safety of life and property, health and welfare of the public and employees who may be affected by the work for which they are responsible, and in this regard shall not undertake responsible engineering work for which they are not competent and qualified.

3.3Have due regard for the cultural and historical heritage of Ghana and ensure that as far as possible, their actions are not detrimental to that heritage.

3.4Express opinion only when it is founded on adequate knowledge and honest conviction, while they are serving as a witness before a court, commission, committee or other tribunal.

3.5Not issue ex-parte statements, criticisms, or arguments on matters connected with public policy which are inspired or paid for by private interests, unless they indicate on whose behalf the statement. is being made.

3.6Refrain from expressing publicly an opinion on an engineering subject unless they are well informed and convinced about the facts relating thereto.

4.0Relationships with Clients and Employers

In dealing with clients and employees, members shall:

4.1Not undertake responsible engineering work for which they are not competent and qualified.

4.2Act in professional matters for their client or employer as a faithful agent and trustee.

4.3Act with fairness and justice between their client or employer and the contractor when dealing with contracts.

4.4Make their status clear to their client or employer before undertaking an engagement if they may be called upon to decide on the use of inventions, apparatus, or any other thing in which they may have personal or financial interest.

4.5Guard against conditions that are dangerous or threatening to life, limb, or property on work for which they are responsible, or if not responsible, shall promptly call such conditions to the attention of those responsible.

4.6Present clearly the consequences to be expected from deviations proposed if their engineering judgement is overruled by a non-technical

authority in cases where they are responsible for the technical adequacy of engineering work.

4.7Engage, or advice their client to engage, and shall co-operate with, other experts and specialists whenever the client’s or employer’s interests are best served by such service.

4.8Disclose no information concerning the business affairs or technical process of clients or employers without their consent.

4.9Not accept compensation, financial or otherwise, from more than one interested party for the same service, or for service pertaining to the same work, without the consent of all interested parties.

4.10Not receive directly or indirectly any royalty on, or any gratuity or commission in respect of any patented or protected article or processes used on, or for the purpose of the work in respect of which they are acting for a client or employer unless and until such royalty, gratuity or commission has been authorised in writing by such client or employer.

4.11Not accept commissions or allowances directly or indirectly, from contractors, or other parties dealing with their client or employer in connection with work for which they are responsible.

4.12Not have any self-interest financially or otherwise in the tenders of a contractor on competitive work for which they are employed as an Engineer unless with the written consent of their client or employer.

4.13Promptly disclose to their client or employer any interest which may be financial or otherwise in a business which may compete with, or affect the business of their client or employer. Members shall not allow such interest in any business to affect their decision regarding engineering work for which they are employed, or which they may be called upon to perform.

4.14Not be the medium of payment on behalf of their client or employer, unless specifically so requested in writing by the client or employer, but shall only issue certificates for payments.

4.15Not place orders on their own behalf but shall only do so explicitly on behalf of their client or employer.

5.0Relationships with Engineering practitioners

With respect to their dealings with fellow engineering practitioners, members shall:

5.1Endeavour to protect the engineering profession collectively and individually from misrepresentation and misunderstanding.

5.2Ensure that credit for engineering work is given to those to whom credit is properly due.

5.3Uphold the principle of appropriate and adequate compensation for those engaged in engineering work, including those in subordinate capacities, as being in the public interest and maintaining the standards of the profession.

5.4Not impede but rather endeavour to provide opportunity for the professional development and advancement of engineering practitioners in their employment or working under them.

5.5Not directly or indirectly injure the Professional reputation, prospects or practice of another engineer. However, if a member considers that an engineer is guilty of unethical, illegal or unfair practice or professional misconduct, the information shall be presented to the proper authority in writing for action.

5.6Exercise due restraint in criticising other engineering practitioners work in public, recognising the fact that the Engineering Institutions and the Engineering Press provide the proper forum for technical discussion and criticism.

5.7Not attempt, directly or indirectly, to supplant an engineer in a particular employment after becoming aware that definite steps have been taken toward the appointment of another competent engineer.

5.8Not take over the work of another engineer for the same client, until the member has either obtained the consent of such an engineer or has been formally notified by the client that the connection of such an engineer with the work has been terminated.

5.9Not knowingly associate in responsibility for work with engineering practitioners who do not conform to ethical practices.

5.10If practising outside the Republic of Ghana, conduct themselves according to the rules of the professional conduct or code of ethics obtaining in that foreign country.

6.0 Penalties

Any person who contravenes any provision of this Code shall be deemed to have committed professional misconduct and shall be dealt with under the relevant Clauses of the Constitution of the Institution.

DISCIPLINARY PROCEDURES

1.0Introduction

The purpose of the disciplinary procedures is to provide a mechanism whereby complaints against members of the Institution may be processed fairly, effectively and in timely fashion. The procedures are primarily concerned with complaints relating to an apparent breach of the Code of Ethics (or the Code of Professional Conduct).

2.0Background

The purpose of the Complaint and Disciplinary Procedure (the “Procedure”) is to have a mechanism whereby the Code of Ethics (the “Code”) is seen to be capable of enforcement.

3.0Elements

The procedure contains three important elements:

3.1Two types of complaints shall be convened by the procedures:

3.1.1An apparent breach of a relationship or professional life in the Code of Ethics.

3.1.2The Council of the Institution having reasonable grounds to believe that a member has brought discredit upon the profession or the Institution.

3.2Stages in the procedure are specified and are designed to ensure that any complaint is dealt with as speedily as possible while giving all parties concerned adequate time to respond to each stage.

3.3Recommended sanctions. Such sanctions are likely to be a reprimand, a fine, suspension or termination of membership coupled with possible unpublished or published censure.

4.0Professional Engineering Ethics Committee (PEEC)

4.1The PEEC is a standing body appropriately nominated by the Council. It is made up of outstanding senior members within the Institution and outstanding personalities without the Institution.

4.2The Investigation Team will comprise individual member(s) of the PEEC and the Member/Secretary of the PEEC. In the absence of the Member/Secretary, by reason of conflict of interest or other reasons, the Council shall nominate a member of the Institution who is not serving on the Council to serve on the Investigations Team of the PEEC.

4.3The Appeals Committee will comprise two or three members of the PEEC and up to two members of the Council.

4.4No matters that are currently the subject of a legal action will be covered by the procedures. Apart from any published censure, no details of any matters brought before the Institution will be published except where the parties involved cannot be identified.

THE PROCEDURES

1.Breach of Code

p.1 Any complaint against any member of the Ghana Institution of Engineers (the “Institution”) shall first be considered by the Member/Secretary of the PEEC. Save in exceptional circumstances, only complaints in writing specifying a particular breach of relationship or Professional life in the Institution’s Code of Ethics (the “Code”) will be considered by the Institution. And the Member/Secretary shall if necessary so inform the complainant.

P.2 On receipt of such a complaint in writing the Member/Secretary shall promptly acknowledge the same and advice the complainant of the Institution’s complaints and disciplinary procedures. At the same time, the Member/Secretary shall notify the complaint to the member against whom it has been made, and invite him to respond in writing within fourteen days of notification of the complaint.

P.3 The Committee shall examine the matter and shall reach its decision by simple majority vote. In the event of an equality of votes, the Chairperson of the Committee shall have a second or casting vote.

P.4 The members of the Committee shall read the written representations of the complainant and the member against whom the complaint is made prior to their meeting to consider the complaint.

P.5 Both the complainant and the member against whom the complaint is made shall be entitled to make oral submissions to the Committee either personally or through a representative.

P.6 The Committee may invite further written representations from both the complainant and the member against whom the complaint has been made. Any such representations shall be made within fourteen days of the meeting of the Committee.

P.7 On completing its review of the case, the Committee shall make its recommendations in writing to the Council, both as to whether the complaint has been substantiated and as to any sanctions to be applied. Subject to the member’s right of appeal (described in paragraphs P.8 below) the Committee’s decision shall be final and binding on all concerned.

P.8 Any appeal by a member against a disciplinary decision of the Committee must be lodged in writing at the Institution’s Secretariat within fourteen days of notification of the Committees decision to the member concerned.

P.9 If any such appeal is lodged, Council shall appoint an Appeals Committee (the “Judge”) made up of one or two of its own membership and two or three members of the Committee. The Judge shall have no less than three and no more than five members.

P.10 The member bringing the appeal shall have the right to make oral submission to the Judge either personally or through a representative.

P.11 The Judge shall reach its decision by simple majority vote. In the event of an equal division of votes, the Chairperson of the Appeals Committee shall have a second or casting vote.

P.12 The Judge may confirm or reject a finding by the Committee that there has been a breach of the Code. If it confirms the initial findings, It may confirm, reduce or increase any sanction imposed by the Committee.

P.13 The decision of the Judge shall be notified in writing to the complainant and the member against whom the complaint was brought and shall be final and binding on all concerned for all purposes whatsoever.

2.Exceptional Circumstances

P.1 The exceptional circumstances referred to above will arise if the complaint, although not alleging a particular breach of relationship or professional life in the Code, gives the Institution’s PPEC of the Council (the “Committee”) reasonable grounds for belief that the member against whom the complaint has been made is guilty of an act, omission or course of behaviour which has brought or is likely to bring discredit upon the profession or upon the Institution.

P.2 As soon as possible after receipt of the member’s response or after expiry of the fourteen days period for response, no response having been received, an Investigations Team (the “Team”) appointed by the Committee shall consider the complaint and any response thereto and shall decide whether a prima facie breach of the Code has been made.

P.3 If the Team shall decide that there is no prima facie case, the complaint shall be dismissed. If the Team shall decide that there is a prima facie case, a meeting of the Committee shall be convened and held within thirty days of receipt of the written complaint. The complainant and the member shall both be informed in writing of the Committee’s decision.

P.4 If the Committee receives information giving reasonable ground for belief that a member has committed misconduct of such a kind as would, if substantiated, justify sanctioning the member in accordance with stipulated provisions of the Institution’s Constitution, it shall cause the Member/Secretary to notify the member concerned giving particulars of the alleged misconduct and to invite him to respond in writing within fourteen days of such notification.

P.5 Thereafter the matter shall be dealt with the same way as a complaint of a breach of the Code.

TERMINATION

T.1 Any member of the Institution whose appointment or contract shall be terminated by an employer shall be required under the provisions of the Code to submit a written report on the circumstances surrounding the termination to the Council of the Institution.

T.2 The detailed report shall be submitted by the member affected or the member’s representative as soon as practicable but not later than six weeks from the date of termination.

T.3 Failing to submit such report, the Council shall request the PEEC to arrange a meeting at which time the member so affected shall be required to attend in person or by a representative recognised by the Council.

T.4 The PEEC shall recommend to the Council what steps need to be taken after determining the facts of the termination from the member so affected as described above.

T.5 Any member of the Institution who is so invited to be granted audience by the PEEC and who fails to attend the said meeting without giving reasonable notice of the member’s inability to honour such invitation shall cause the PEEC to proceed with its investigations without the member’s participation and make the necessary recommendation to the Council.

T.6 The PEEC shall allow not more than twelve weeks from the date of the summons of the Council to recommend to the Council what measures the Council should take on the matter of the member so affected.