Professional Licensure: Is It an Air Force Ethical Requirement?

Abstract

Facility and infrastructure construction technology is advancing at astounding rates. As the complexity of technology grows, so does the technical, professional, and ethical obligations of the engineers charged with the safety, health, and welfare of the public. Professional licensing establishes a standard for technical and ethical engineering knowledge that mitigates risk and holds engineers accountable for their work. However, military engineers, as federal employees, enjoy sovereign immunity, which among other benefits excuses them from holding professional licenses in order to practice their profession legally. Under the doctrine of sovereign immunity, military engineers are able to plan, design, and build both facilities and infrastructure systems on military bases without a requirement for professional licensure. Without the threat of legal action from the civilian court system, discipline from state regulatory agencies, or an incentive of greater pay, a military engineer is not externally motivated to pursue a Professional Engineering (PE) license (Sweet 2008). While practicing engineering without licensure is legal under sovereign immunity, is it the most responsible option? Should military engineers only operate at the requirement of law, which is the “minimum standard of behavior that a person should follow?” (Fan and Fox 2009). Or, are military engineers ethically bound by codes such as the American Society of Civil Engineers (ASCE), which require them to (ASCE 2008): • “Perform services only in areas of competence,” • “Continue their professional development throughout their careers,” • “Provide opportunities for the professional development of those engineers under their supervision,” and above all, • “Hold paramount the safety, health, and welfare of the public” (ASCE Code of Ethics adopted 1914 amended 1996). Currently, all Air Force officers, including civil engineers are bound to the core values of the Air Force: integrity first, service before self, and excellence in all we do. These core values establish an ethical climate within the Air Force, which aims to guide professional conduct (Department of the Air Force 1998). Furthermore, upon completion of an initial eight-week training course, United States Air Force (USAF) Civil Engineers are awarded an occupational badge to wear on their uniform. This badge allows engineers to be recognized as possessing an expected level of competence pursuant to the badge level and a high ethical standard (Department of the Air Force 2010). The badge levels include Basic, Senior, and Master and indicate both time in service and achievement of specific technical training. Thus, obtaining professional licensure aligns with the symbolism of the badge and core values that all military engineers subscribe to. This paper focuses on the area of concern, legal but unethical behavior; an area where military engineers are currently performing engineering services without a professional license. Figure 1 shows four areas of ethical and unethical behavior in relation to legal and illegal behavior that are a common theme in professional ethics (Hinze 2001). Further, this paper addresses many factors that prevent military engineers, specifically USAF Civil Engineers, from meeting their ethical obligations and responsibilities to seek licensure. A recent analysis of 1,270 USAF Civil Engineer records showed that only 9% of the eligible (approximately 790 eligible) Civil Engineer officers ever attain Professional Engineer licensure. Keep in mind that over 480 Civil Engineer officers have less than four years of service and therefore do not meet the minimum experience requirements for licensure. Professional licensing sets a standard of ethical and technical ability. Several examples throughout this paper will underscore the increased risk for negative consequences that may result from military engineers choosing to forego a professional license. Presented below are four aspects of risk which licensing should mitigate and without which military engineers are vulnerable. • Mismanagement of facilities and infrastructure construction due to lack of experience (experience under mentor is required for PE License), • Below-standard work due to ignorance of standards, • Increased likelihood that the next generation of military engineers will not be licensed (fewer mentors available with licenses equates to fewer engineering interns able to fulfill prelicense requirements), and • Ultimately accidents, injury, or death due to substandard quality work; the paramount ethical responsibility entrusted to engineers (Griggs 2009). Military engineers have a responsibility to seek out professional licensure not only for these ethical reasons but also out of respect for their profession. One of the Air Force Civil Engineer’s strategic goals is to organize, develop, enable, and retain a trained, capable total force of Civil Engineers [United States Air Force (USAF)