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VW Emissions Scandal & Speaking Out

A VW engineer has been sentenced to jail for his part in the scandal...
http://www.bbc.co.uk/news/business-41053740


Although the court recognised that he was not the mastermind behind it they cited his failure to speak out as one of the reasons for imposing a harsher sentence. By my reckoning, if they are going to give this engineer a harsh sentence then a large number of other engineers and managers are also up for some significant jail time (don't forget VW are not the only car maker caught out by this). Don't forget that within just a single design/project team:
  • The initial requirements specification would have been signed off by multiple people.

  • The code would have likely been authored by more than one engineer.

  • The architecture and code would have been reviewed thoroughly and signed off by others who did not design or code it.

  • There would have been a final engineering sign off by the chief engineer and/or the technical director prior to release for production.

  • That is quite a number of people who could have spoken out but didn't (or they didn't do their jobs properly when reviewing and signing off)



My question is how many engineers (or non-engineers) wokring within a company have the confidence to speak out against something they feel is wrong or unethical without fear of retribution or even constructive dismissal?


I have so far only come across one employer (not directly automotive industry) that clearly has some explicit policies in place to encourage their people to feel that they can speak out and where retribution against an employee in any form is treated very seriously and could lead to dismissal. Clearly the emissions scandal is a wake up call for the automotive industry to change the way their companies operate. However, there is an opportunity for all companies with an engineering function to learn from this.


We all know that as engineers we have a duty to operate in an ethical manner but are we supported enough by engineering institutions globally to do that? What role can the engineering institutions and government play in helping to make it easier for engineers to speak up? Legal and government representation if an engineer is treated unfairly or even dismissed as a result of speaking out? What other tools could be made available to engineers by the engineering institutions (IET, Engineering Council, Royal Academy of Engineering, etc) to help them speak out more confidently without fear of retribution from their employer or line management?


Parents
  • I think Jason has raised an interesting question (even if it may not apply to this particular case). In the UK there is general legal protection for whistleblowers - nice guide here www.mylawyer.co.uk/.../


    BUT what this means in practice is that, for example, if you lose your job you can claim for unfair dismissal at a tribunal and hopefully (if your lawyers make a better case then your ex-employers lawyers) get some compensation. Great if you can walk into another job reasonably quickly, not so great if you can't (or don't think you will be able to).


    I don't know of any cases in engineering which have gone wrong this way (and indeed I do know cases where the company affected has protected the whistleblower where the senior management realised - because of the whistleblowing - that a rogue division was putting the company at risk). But for anyone interested it's worth reading Dr Phil Hammond's articles about whistleblowing in the NHS (UK Heath Service), where despite legal protection whistleblowers still found themselves jobless in practice. (It's also worth going to see him speak, I found him very entertaining.)


    So I agree, I think this would be a useful area for the IET to look at to consider whether the engineering profession is adequately protected such that engineers will act professionally - i.e. pointing out when their company is doing something potentially against the public interest, particularly which they appreciate due to their specialist technical knowledge. Maybe it will decide that it is, but if engineers don't KNOW that it is they still won't whistleblow (enough).


    At the very least a good study into this would make an interesting article in E&T. (Apologies if there's been one and I misssed it.) 


    Thanks David for the clarification on the VW case, the issue re "abdicating responsibility to speak out" seems to relate more to the arguments over his sentencing rather than whether he was guilty or not guilty of the charges. In the end, anyone who knows know their company is committing criminal acts where they are in any way involved probably needs to consider very carefully their legal standing as an accessory - I believe in the UK the definition is "Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender." I wouldn't want to be arguing my freedom in court over the exact legal meaning of the word "abet"!  


    Cheers, Andy
Reply
  • I think Jason has raised an interesting question (even if it may not apply to this particular case). In the UK there is general legal protection for whistleblowers - nice guide here www.mylawyer.co.uk/.../


    BUT what this means in practice is that, for example, if you lose your job you can claim for unfair dismissal at a tribunal and hopefully (if your lawyers make a better case then your ex-employers lawyers) get some compensation. Great if you can walk into another job reasonably quickly, not so great if you can't (or don't think you will be able to).


    I don't know of any cases in engineering which have gone wrong this way (and indeed I do know cases where the company affected has protected the whistleblower where the senior management realised - because of the whistleblowing - that a rogue division was putting the company at risk). But for anyone interested it's worth reading Dr Phil Hammond's articles about whistleblowing in the NHS (UK Heath Service), where despite legal protection whistleblowers still found themselves jobless in practice. (It's also worth going to see him speak, I found him very entertaining.)


    So I agree, I think this would be a useful area for the IET to look at to consider whether the engineering profession is adequately protected such that engineers will act professionally - i.e. pointing out when their company is doing something potentially against the public interest, particularly which they appreciate due to their specialist technical knowledge. Maybe it will decide that it is, but if engineers don't KNOW that it is they still won't whistleblow (enough).


    At the very least a good study into this would make an interesting article in E&T. (Apologies if there's been one and I misssed it.) 


    Thanks David for the clarification on the VW case, the issue re "abdicating responsibility to speak out" seems to relate more to the arguments over his sentencing rather than whether he was guilty or not guilty of the charges. In the end, anyone who knows know their company is committing criminal acts where they are in any way involved probably needs to consider very carefully their legal standing as an accessory - I believe in the UK the definition is "Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender." I wouldn't want to be arguing my freedom in court over the exact legal meaning of the word "abet"!  


    Cheers, Andy
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