DTSMI - Code of Ethics



	DESIGN TECHNOLOGY AND MANAGEMENT SOCIETY INTERNATIONAL Company Limited by Guarantee Reg. No. 2003/001234/08 P O Box 306 Ladismith Cape 6655 South Africa 1. GENERAL CONDUCT - Applicable to all registrants 1.1 Role Be aware of the wide variety of use of natural resources with which you may be concerned. Seek ways to change, improve and to integrate designs, strategic management processes, operations, raw materials and products to enhance the environment. Use the body of knowledge generally available at the time to anticipate problems that could arise from your professional activities. 1.2 Approach Be aware of the integration of your work with that of others involved in similar or the same activities. Utilise technology and management as an aid to your professional judgement, seek specialised advice where appropriate. Recognise that the impact on the environment and the human society; might be so great that a decision should be avoided altogether or re-evaluated and action should be taken to minimise the effects as practically possible. Be aware of the range of sciences varying from basic to comprehensive and seek to ensure that the appropriate level of assessment is applied. 1.3 Assessment Comply fully with the law and regulatory framework but recognise that you may need to go beyond compliance with the laid down minimum standards. Be aware that managerial and technological reviews involves uncertainty and develop strategies to cope with this. Be mindful of all aspects of project involvement including all stages of design, manufacture, construction, operation, de-commissioning, management and disposal of products, process or system as well as the materials utilised. 1.4 Cost Benefit Seek to balance costs with the net-benefits to commerce, industry and the human society, to achieve the best practical result. Understand review techniques and apply then accordingly, recognising that not all Professionals are experts in assessment procedures. Recognise that it is a good practice to list the cost benefits that result from improvement or modification. Utilise the best available technology, management, strategies and techniques avoiding excessive costs. 1.5 Management Encourage top-level commitment to modern management policy, which includes public and industrial strategies and monitoring systems. Recognise that a statement of intent is not always sufficient to achieve legislative compliance. Help to promote company culture which actively commits it’s resources to the management of technological issues at a corporate level. Seek personal policies, which provide for education, training and communication on scientific and management issues. .................................................................................................................................................................................................. 2. GENERAL CONDUCT Seek to appreciate commercial, social and financial implications of your work as well as the environmental impact. Recognise that your duty to the community takes over personal interests 2.1 Law Be aware of the relevant civil and criminal laws. Act at all times in a manner that gives full effect to your obligations under the law and the regulatory framework. Where necessary, going beyond specific standards or codes of practice without over-designing and keeping within cost restraints whenever possible. Seek professional advice at an early stage if you have any doubts about the application of the law or regulatory framework. 2.2 Professional Development Improve your knowledge, understanding and skills of techniques as part of your professional development program. Take every opportunity to contribute towards the advancement of knowledge in the management and scientific disciplines. Influence, where possible, the initial education of Professionals to include awareness of the scientific role in protecting and enhancing technology. 2.3 Communication and Public Awareness Seek to ensure that your company has a corporate policy and that design, technological and managerial views are taken into account within this. Discuss scientific issues, developing technology, management and regulatory requirements. Seek to educate others and to encourage industrial awareness of technological issues. .................................................................................................................................................................................................. 3. GENERAL RULES - Applicable to all members and registrants 1. All registrants shall pay the annual fees as determined by the Council and shall notify the Council in writing about the cancellation of their registrations. 2. All registrants who failed to pay their annual fees shall forfeit their privileges of registration and shall be deemed to return their certificates of registration. All cancelled registrants shall return their certificates of registration to the registrar or by request from the Council within thirty days after cancellation or notification by the Council. 3. Any person registered in terms of sub-section 20 of the constitution shall be guilty of improper conduct if he; · Contravenes or fails to comply with any rule made by the Council or; · Pretends to be or by any means whatsoever holds himself or allows to be held out as a person registered in a category in which he is registered or uses any name, title, description, abbreviation or symbol indicating or calculated to lead persons to infer that he is registered in a category other than in which he is registered, (if any). · If the conduct of a person registered amounts to an offence of which he has been convicted by a court of law as guilty of a criminal offence and a certified copy of the record of his trail and conviction by that court shall, upon the identification of such person as the person referred to in the record be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court: Provided that it shall be competent for the person charged to produce evidence that he was in fact wrongly convicted. · Whenever in the course of any proceedings before any court of law or in the course of an investigation it appears to the person in charge of the investigation, as the case may be, that there is prima facie evidence of improper conduct or disgraceful conduct, the court or the person in charge of the investigation, as the case may be, shall direct a copy of proceedings or the investigation or such part thereof as is material to the issue, be transmitted to the Council, which shall according to the provisions, terminate or suspend the registration of the registrant. 4. The Council shall subject to the applicable rules remove any person guilty of misconduct and criminal offences as detailed in sub-section 3 above. 5. Whenever it appears to the Council from information on oath or affirmation that any person registered has become unsound to such an extent that it would be contrary to the public welfare to allow him to continue as a registered person, if it deems fit, hold an inquiry mutatis mutandis in accordance with the provisions of the Bye-Laws in respect of such a person. 6. If the Council finds that a person is of unsound mind, it may order the suspension of that person’s registration for a specified period. The Council may extend the period of any order made under this section for any period determined by it, or withdraw such order. 7. A Registrant shall use the relevant style or title as awarded by the Design, Technology and Management Society International and only use the authorised description as set out on his/her certificate of registration and only for as long as his/her registration is validated by a current registration renewal card for the applicable calendar year or any other such period indicted on the applicable card. 8. On request a Registrant shall be prepared to produce a current registration renewal card and confirmation as to the payment of the applicable fees. 9. A Registrant shall ensure that he/she is adequately insured against all claims (including public liability claims) particularly high liability claims that could arise. 10. Registrants shall comply with the laws and statutory requirements in the country they reside or in any country they are employed permanently or temporarily employed, consulting and carrying out their professional duties as professionals. 11. A Registrant shall not conduct business as a registrant nor authorise a firm in which that registrant is, or is held out to be a partner or in the case of a company a director through which the registrant conducts business under any name, style or title which adversely reflects upon the registrant’s professional status as a professional and the dignity and reputation of the entire professional spectrum encompassed by the Design, Technology and Management Society. 12. Breach of the Code and/or Rules of Conduct shall be dealt with by the Council of the Design, Technology and Management Society International in the manner determined by the Articles of Association of the Constitution and the Bye-Laws of the Society. 13. The Council may make rules - - In relation to any matter which is required to be or may be specified by the Council; - Pertaining to the requirements with which a person shall comply to be registered under this sub-section; - Pertaining to any matter relating to meetings of the Council or a examination committee of the Council or any other sub-committees; - Pertaining to the determination and payment, out of it’s funds, or allowances or remuneration to members of the Council of a sub-committee of the Council or any other sub-committees; - Pertaining to the keeping, custody and the publication of a register of persons registered; - As to the requirements with which a person registered shall comply within the principles and practices of the Society; - Pertaining to the qualifications recognised or the examinations prescribed by the Council for the purposes of registration; - Pertaining to the accreditation investigations in loco that may be instituted or conducted by the Council with a view to the recognition of qualifications, and the procedures to be observed in connection thereof; - Pertaining to, generally, all matters which it considers necessary or expedient to prescribe in order that the purpose of this sub-section may be achieved. - All registered persons shall sign a declaration in the presence of a Commissioner of Oaths certifying that they accept the Rules and Code of Ethics applicable to their profession as registered persons and that they shall uphold the status of the profession and honour the principles and objectives of the Design, Technology and Management Society International. .................................................................................................................................................................................................. 5. SECTION I: RULES OF CONDUCT RELEVANT TO DESIGN, ENGINEERING AND TECHNOLOGICAL REGISTRANTS 1. A Registrant shall at all times and in all respects take all reasonable care to avoid creating any danger of death, injury or ill-health to any person or of damage to property by any act or omission during the direction and execution of his/her duties. 2. A Registrant shall at all times and in all respects take reasonable care to protect the working and living environments of him/herself and others and to ensure the efficient use of all resources. 3. Notwithstanding the provisions of any of the other Rules, a Registrant shall at all times comply with all appropriate legislation. 4. A Registrant shall not at any time or in any respect do anything which will or is likely to compromise or impair the registrants integrity, impartiality, objectivity or the registrant’s ability to perform his/her duties with due competence. 5. A Registrant shall not under any circumstances accept or undertake work which the registrant does not have sufficient competence, time or authority to perform. 6. Before accepting or undertaking any work, a Registrant should be satisfied as to the scope of the work (obtaining any clarification or confirmation as may be necessary) and the allocation of responsibilities between the registrant and anyone else involved in carrying out the work. 7. A Registrant shall not be connected with or carry out any occupation or business in any way which would reflect adversely upon the registrant’s professional status or the dignity and reputation of his/her profession. 8. A Registrant shall not solicit or obtain work that is subject to legal restraint. 9. A Registrant shall not enter into contract or arrangement of any nature whatsoever, the performance of which will or may involve a breach of these Rules and Code of Conduct. 10. A Registrant shall not be party to any agreement which seeks to preclude anyone from reporting the Registrant’s conduct to the Design, Technology and Management Society International. 11. A Registrant shall at all times carry out work with diligence and promptness and shall exercise appropriate care and skill and have proper regard for the technical and professional standards expected of a registrant. 12. A Registrant shall at all times give advice that is objective, reliable and timely when discharging professional duties. 13. Should a Registrant’s professional advice not be accepted a registrant shall take all reasonable steps to ensure that the person who over-steps or disregards such advice is aware of the possible implications and consequences in doing so. 14. A Registrant shall not terminate an assignment prematurely or refuse to complete work agreed except for good reason and upon reasonable notice. 15. A Registrant shall not disclose or authorise to be disclosed information acquired in the course of a professional relationship with his/her employer or client or customer or former employer or client or customer which is not already in the public domain, except where: - The prior written consent of the employer/client/customer to the disclosure has been obtained; - The Registrant is required by law to make the disclosure; - Disclosure is made to a registrant’s legal and or medical advisors, but only to the extent permitted by law. 16. A Registrant shall honour the obligations and comply with all the relevant rules of the Design, Technology and Management Society International, which have precedence over the rules of any other bodies, except from bodies who by statutory control function as such and who are related to the professions applicable to registrants. 17. A Registrant shall be responsible for: - Exercising proper supervision over any person working under the registrant’s authority or direction. - If a registrant is able to show, without any doubt that he/she was not aware and there was no reason for the registrant to be aware, of any breach of the provisions of the Rules of Conduct by any person referred to above and that the registrant had, prior to the breach, taken all reasonable actions to ensure that such breach would not occur, then such registrant shall not be in breach of the above Rule. .................................................................................................................................................................................................. 6. SECTION II: RULES RELEVANT TO DESIGN, TECHNOLOGICAL, MANAGERIAL AND ENGINEERING REGISTRANTS WHO ARE PARTNERS OF FIRMS OR WHO ARE SELF EMPLOYED OR DIRECTORS OF COMPANIES 1. A Registrant shall not take advantage of any client or customer or potential client or customer whether because of such client’s or customer’s age, inexperience, want of education, lack of business experience or otherwise in obtaining instructions. A Registrant shall not induce a client or customer to agree to pay sums of money or any other consideration which are not justified by reference to the work which the registrant has carried out or been instructed to carry out. 2. A Registrant shall not offer or give any fee, commission, discount or other independent (financial or otherwise) to a third party in return for the introduction of clients or customers or particular professional assignments unless, before entering into a legally binding agreement with that client, the registrant makes full disclosure of the nature or amount of such fee, commission or inducement and the name of the person or persons whom such fee, commission, discount or inducement was offered or given. 3. A Registrant may publicise his/her services or permit another person to do so, but in doing so the registrant must have due regard to the standards set by any regulatory or governmental authority in relation to advertising and ensure that any publicity for which the registrant is in any way responsible is neither inaccurate or misleading. 4. In all advertising, publicity material or public statements for which a registrant is in any way responsible that Registrant shall avoid all claims of superiority or critical comparisons of the services provided by other professionals and shall avoid any direct comparisons of fees levied for consultancy work by other professionals. 5. A Registrant may only refer to the name of a client or customer in any advertising, publicity material or other public statement if prior written consent of that client or customer is obtained. 6. On or before accepting a professional assignment the Registrant shall, if so requested, give the client a reasonable indication of the likely costs of the work and will record any estimate given or fee agreed in writing and the precise range of services that such estimate or fee covers. 7. A Registrant shall not supply an estimate or a quotation of a fee for a professional assignment until he/she has received detail as to enable a reasonable assessment of the nature and scope of the assignment and the services and resources to be made. 8. A Registrant shall inform the client or customer promptly if it appears that the estimate is likely to be or will be exceeded. 9. A Registrant shall take care when accepting a professional assignment and subsequently during the course of that assignment to avoid situations which may give rise to a conflict of interest between the registrant or the registrant’s associates (“associate” shall mean any person in conjunction with the registrant with whom the registrant conducts his/her business and, without prejudice to generality of the foregoing, shall include a firm and any other partner or person held out to be a partner in a firm or any co-directors or other shareholders in the case of a company) on the one hand or a prospective client or customer on the other. 10. Should a Registrant become aware of a conflict of interest or a situation which may give rise to a conflict falling within the above stated Rule (section II, rule 9) the registrant shall make full and prompt disclosure of all relevant facts, including the nature of the conflict or possible conflict, to the client or customer. Where the disclosure is verbal the registrant shall ensure that the client or customer receive prompt written confirmation of the disclosure. 11. In the case of a conflict of interest or a situation which may give rise to a conflict of interest falling within Rule 9 of section II the registrant shall inform the client or customer that they may, should they so wish, cease to employ that person in relation to the professional assignment. 12. A Registrant shall be deemed to have an interest if: - A legal relative has an interest; - A nominee or employee of a firm in which the registrant is a partner has an interest; - A company in which the registrant is a director/manager or a material shareholder has an interest. For more information, please contact the Society at: Design, Technology and Management Society International P.O. Box 306 Ladismith, Western Cape 6655 Republic of South Africa Tel: +27 (0) 28 5512098 Fax: +27 (0) 28 5511305 Email: info@dtmsi.co.za Website: www.dtmsi.co.za