Board Of Chemical Engineering Resolution No. 01-09 Adoption and Promulgation of a Code of Ethics for the Practice of the Chemical Engineering Profession

January 14, 2009

BOARD OF CHEMICAL ENGINEERING RESOLUTION NO. 01-09

ADOPTION AND PROMULGATION OF A CODE OF ETHICS FOR THE PRACTICE OF THE CHEMICAL ENGINEERING PROFESSION

WHEREAS, the Professional Regulatory Board of Chemical Engineering, hereinafter called the Board, in Section 6 (i), Art. II and Sec. 36, Art. V of R.A. 9297, known as the "Chemical Engineering Law of 2004", is empowered "to adopt a Code of Ethics and Technical Standards for the practice of Chemical Engineering" or . . . "for chemical engineers to carry out the provisions of this Act", "subject to the approval of the Commission", which shall be effective after thirty (30) days following their publication in the Official Gazette or in a major newspaper of general circulation; ESDcIA

WHEREAS, upon request of the Board, the Board of Trustees of the Philippine Institute of Chemical Engineers, Inc. (PIChE) through its Committee on the Council of Advisers, the past presidents of PIChE, prepared the Code of Ethics and submitted it to the Board; and

WHEREAS, the Board adopted the draft after finding it to have been carefully crafted as it provides adequate safeguards that will protect not only the clients, the industry, and the public but also the chemical engineers via its principles designed to maintain professional, moral, and ethical standards for the practice of the profession;

NOW, THEREFORE, the Board resolves, as it is hereby resolved, to adopt and promulgate the "Code of Ethics for the Practice of the Chemical Engineering Profession", Annex "A" to this Resolution. aTHASC

Any registered and licensed Chemical Engineer who violates this Code of Ethics shall be investigated and subject to a disciplinary action of either revocation of his/her certificate of registration or suspension from the practice of his/her profession.

This Resolution shall take effect after thirty (30) days following its full and complete publication in the Official Gazette or in major newspaper of general circulation in the Philippines.

Let copy hereof be furnished to the Philippine Institute of Chemical Engineers, Inc. (PIChE) and to the Commission on Higher Education (CHED) for dissemination to all schools/colleges/universities offering the course of chemical engineering. aCIHAD

Done in the City of Manila, this 14th day of January 2009.

(SGD.) OFELIA V. BULAONGChairman

(SGD.) FRANCISCO A. ARELLANOMember

(SGD.) JEFFREY G. MIJARESMember

ATTESTED:

(SGD.) CARLOS G. ALMELORSecretaryProfessional Regulatory Boards

APPROVED:

(SGD.) NICOLAS P. LAPEÑA, JR.Chairman

(SGD.) RUTH RAÑA PADILLACommissioner

(SGD.) NILO L. ROSASCommissioner

CODE OF ETHICS FOR THE PRACTICE OF CHEMICAL ENGINEERING

Preamble

We, the Chemical Engineers of the Philippines, are bound by a common commitment to undertake our duties based on the shared values of ethical conduct, professional competence, innovative practice, technical proficiency, social and civic responsibility, good governance, global competitiveness and sustainable development. ACEIac

1. Fundamental Guiding Principles

1.1 We shall be guided in all our relations by the highest standards of honor and integrity; and shall act objectively with fairness, impartially, and equity and in a spirit of cooperation and harmony to all.

1.2 We shall consider the environment, the safety, health and welfare of the public as paramount importance in the performance of our professional duties.

1.3 We shall commit to perform professional services only in areas of our competence and shall not permit ourselves to be described as an expert or a consultant, unless we possess the necessary qualification and experience, and professional independence, to act as an independent and unbiased adviser. aCSTDc

1.4 We shall uphold at all times the dignity of the chemical engineering profession and shall protect it from misrepresentation and dishonor.

1.5 We shall avoid being associated with any enterprise and individuals of any questionable refutation/character or involved in any endeavor contrary to law or public welfare or from allowing the use of our good name by the same.

1.6 We shall not knowingly engage in work which by its nature is against the law or against ethical standards.

1.7 We shall endeavor all times to give credit to those to whom credit is properly due.

1.8 We shall practice confidentiality whenever our work requires it and will respect the rights of privacy of others.

1.9 We shall acknowledge our own mistake/error when proven wrong and refrain from distorting or manipulating the facts to justify our mistakes.

1.10 We shall cooperate and work harmoniously with other engineers and professionals.

1.11 For those of us who are involved in teaching, we shall treat our students with fairness and respect, and shall follow the practices, rules and regulations pertaining to teacher-student relations as contained in our respective school's manual of policies. TSEAaD

2. Relation with Peers

2.1 We shall exchange general information and experience, encourage the ethical dissemination of knowledge in chemical engineering with our fellow chemical engineers, contribute to the work of our integrated and accredited professional organization (APO) and chemical engineering schools, and cooperate in such other endeavors as will enhance the effectiveness of the chemical engineering profession.

2.2 We shall conduct a review/audit of the work of another chemical engineer for the same client or employer only after the said client or employer shall have informed him/her of such endeavor.

2.3 We shall accept to review journal articles, scientific publications and similar matters requested by a journal editor or publisher, only with the written request of said party and in accordance with the condition of the review being requested. aAIcEH

2.4 We shall not engage in the significant use of the ideas or written work of another chemical engineer without giving due credit to the person concerned. TaCIDS

2.5 We shall not attempt to attract another chemical engineer from another employer by false or misleading pretences.

3. Relation with other professionals

3.1 We shall process our own interest with dignity and integrity as professionals.

3.2 We shall respect the mandates of other professions.

3.3 We shall avoid making degrading statements or comments regarding other professions and/or professionals.

4. Relation with Employer or Client

4.1 We shall act in professional matters for our employer/client as faithful agents or trustees, and avoid conflicts of interest; and shall consider it our professional obligation to protect the interest of our employer/client.

4.2 We shall make known to our employer/client before undertaking and engagement all our other professional obligation, financial interest, or other considerations which might restrict or interfere with our meeting the legitimate expectations of our client or employer. SaHTCE

4.3 We shall not accept employment to detriment of our regular work. Before accepting any outside employment, we shall seek approval from our employer/client.

4.4 We shall not accept compensation, financial, otherwise from another employer/client who is in the same line of business or has conflicting interest with our employer/client, without the consent of all parties; we shall not accept compensation directly or indirectly from parties dealing with our employer/client except with the consent of the same.

4.5 When holding any government position or office of public trust, we shall not take undue advantage thereof nor shall we engage in activities that would be unfair to any of the parties concerned.

4.6 We shall make every effort to bring to the immediate attention of our employer/client any dangerous defect in equipment or structures or dangerous conditions of operation which come to our knowledge or remedial action.

4.7 We shall advise our employer/client of the risk before undertaking any work if, in our opinion, the work requested of a chemical engineer by our client or employer poses certain doubts as to our being able to obtain successful results and subject to provisions of section 2.2.

4.8 We shall present clearly the consequences or risk that will arise if our professional judgement or work, for which we are responsible, is overruled.

4.9 We shall formally advise our employer/client if we perceive that a consequence of our duties will adversely affect the present or future health or safety of our colleagues, co-workers or the public.

4.10 We shall not hesitate to advise our employer/client to engage the services of other experts or specialists on problems on which our information or experience is inadequate.

4.11 We shall be conservative in all our estimates and shall endeavor to be fair and accurate in our reports, testimonies, statement and others.

4.12 We shall, as far as predictable, charge fees at such rates as are reasonable enough to warrant adequate, satisfactorily and quality service.

4.13 We shall not use unfair or improper means in obtaining professional work.

4.14 We shall not use equipment, supplies, laboratory or office facilities of our employer/client to carry on outside private practice without the employer's/client's consent nor without offering reimbursement for the employer's/client's costs.

4.15 Upon undertaking work for an employer/client, we shall enter into an agreement regarding ownership of any and all data, plans, improvements, patents, designs or other records which we may develop or discover while in the employ of such employer/client. In the absence of a written agreement, the following shall apply:

a. When we use information obtainable only from our employer/client, which is not common knowledge or public property, any result in the form of design, plans, inventions, processes, etc., shall be regarded as the property of the employer/client.

b. When we used our knowledge or information or data which by prior publication or otherwise is public property, then the result in the form of designs, plans, inventions, processes, etc., become our property or property of the chemical engineer; and the employer/client is entitled to their use only in the case for we have been retained.

c. All work and results accomplished by us outside the field for which we were employed or retained shall remain our property. TcSHaD

d. Special data or information obtained by a chemical engineer from his/her employer/client on which he/she creates as a result thereof is to be held and considered confidential, and while it is ethical to use such data or information in his/her practice as forming part of his/her professional experience, its publication without prior permission of his/her employer/client is highly improper.

e. Any other agreements entered into by the chemical engineer with his/her employer/client not covered by the above provisions, the intellectual Property Code shall apply. DIESHT

5. Relation with the Public

5.1 We shall always make ourselves ready and available and be willing to render professional service, even without compensation, in cases of accidents and other exigencies.

5.2 When serving as expert or technical witness before any court of law or commission we shall express an engineering opinion only when it is based on an adequate knowledge of the facts of the issue our technical competence in the subject matter, and the belief in the accuracy and propriety of our testimony.

5.3 We shall express a professional opinion only when we are adequately informed of the facts related thereto and the purposes for which the opinion is asked.

5.4 The chemical engineer who is an employee, official or advisor of a governmental or quasi-governmental unit shall not participate in the formulation of decisions involving services solicited or provided by him/her or his/her organization in private or public engineering practice, where conflict of interest exists. SEDaAH

5.5 We shall not solicit or accept a contract from a governmental body in which a principal or officer of our organization is directly involved with or employed.

5.6 We shall not issue statements, criticism or arguments on matters of public concern which are inspired or paid for by private interest, unless he/she indicates in whose behalf he/she is making the statement.

5.7 We shall not indulge in self-laudatory advertisement nor make exaggerated, untrue, or misleading statements in media or any public forum.

5.8 We shall at all times strive to serve the public interest:

a. We shall endeavor to participate in civic, career guidance for youths, and work for the advancement of the environment, and the protection of the safety health and well-being of our community.

b. We shall not sign, approve, or put his/her dry seal on plans and/or specifications that are not in conformity with applicable engineering standards. If the employer/client insists on such unprofessional conduct, they shall withdraw from further service on the project. TcHDIA

c. We shall endeavor to extend public knowledge and appreciation of chemical engineering and its achievements.

d. We shall adhere to the principles of sustainable development in order to protect the environment for future generations.

6. Continuing Education

6.1 We shall strive to continue our professional development throughout our career by participating in continuing education provided by our integrated and accredited professional organization and other entities accredited by PRC CPE Council, and reading technical literature; and shall provide opportunities for the professional development of those under our supervision.

6.2 We shall endeavor to acquire knowledge of the latest developments in the area of chemical engineering relevant to the services that we render to our clients or employer. DASEac

Published in the Official Gazette, Vol. 105, No. 13, p. 1864 on March 30, 2009.