Code of Conduct
Introduction
This document provides guidance to members on the discharge of their professional duties by setting out their obligations and describing principles and guidelines which can be applied in different contexts according to the judgement of the individual.
Since it is not possible to anticipate or prescribe every situation that might arise in the industry, a general obligation written into the Code is that a member should consider the interests of the public, the employer or client and the Institute before personal interest in every case that there is a conflict between these interests.
It should be noted that a member contravening the Code may be subject to disciplinary action.
The objectives of the Institute of Quarrying are set out in the Memorandum of Association and can be summarised as follows:-
- Advancement of the science of quarrying in the interests of the public at large
- Promoting and fostering area organisations (branches) of persons engaged in the industry to solve problems,
- Establishment and maintenance of standards of quality and workmanship in the industry,
- Collaboration and exchange of views with any persons in order to improve working conditions, safety and technology to the benefit of the industry.
- Establishment of public relations and a publicity organisation.
Thus, there is a general expectation of all members to seek to improve the understanding of the science of quarrying, the safety and working conditions of persons employed in the industry, the reputation of the industry and the relations between the industry and the general public.
In addition, the Code of Conduct imposes obligations upon a member to protect and enhance the reputation of the Institute, since this is for both his/her own benefit and the benefit of all members, and to exhibit honesty, probity and integrity in business. Expectations of behaviour are also expressed with respect to protection and concern for the public, the environment and the client or employer.
Definition of Terms
- In this code, ‘members’ shall be taken to mean both corporate and non-corporate members of the Institute,
- The term ‘employer’ shall also be taken to mean ‘client’.
- The ‘industry’ shall be taken to mean the quarrying industry including specialist supply companies.
- ‘He’ and ‘his’ shall be read to include ‘she’ and ‘hers’.
Conditions of membership
- It is a condition of membership that the member abides by the Code of Conduct and is subject to the disciplinary procedures
- Recognition of the power of Council to discipline members who breach the Code by means of expulsion is also a condition of membership
- Acceptance of these conditions is signified by renewal of, or application for, membership by payment of the annual subscription fee or application fee respectively
General obligations of members
- To have regard for the interests of the Institute and the general public
- To enhance the reputation and pursue the objectives of the Institute
- To contribute to the training of others Use of designatory letters
- Members must not abuse the use of designatory letters by using or implying the right to use such letters to which he is not entitled Health and safety
- When carrying out his duties of employment, the member should have the highest regard for the health, safety and welfare of employees for whom he is responsible and that of the general public Conduct in employment
- A member should perform his duties to the best of his ability and act in all matters towards his clients and employers in an honourable manner
- A member, when asked to give advice, must provide an objective, honest opinion.
- A member must not knowingly divulge confidential or commercially
valuable information gained through employment unless:-
a) having the written permission of the employer
b) required to do so under law - A member must treat his colleagues with honesty and integrity and not engage in unfair competition or maliciously defame another member for business or personal gain
- A member must disclose personal interest wherever it might affect a business decision
Competence
- A member should ensure that he is knowledgeable of modern concepts, science and technology and maintain a knowledge adequate to competently carry out the technical duties of employment by study, reading or formal retraining as necessary
- A member should not undertake work for which he is not competent by virtue of training or experience Protection of the environment
- A member should protect the environment by taking all reasonable measures to prevent pollution, generation of waste, nuisance and the unnecessary disturbance or destruction of wildlife species or habitat,
- A member should strive to mitigate the impact of quarrying activities upon local residents and the public
- A member should, in the course of carrying out his duties, strive to make most efficient use of natural resources and to reduce energy consumption Conduct at Institute events
- A member must behave in a responsible manner at all times giving due regard to the interests of both the Institute and others present
- In the event of unacceptable conduct at either branch or national functions, for example, but not exclusively: drunken, rude or disrespectful behaviour, which could be harmful to the good name of the Institute, the committee responsible for the organisation of the event must take steps to ensure that the incident is investigated and that appropriate action is taken without delay
- If any Institute officer is unclear about the above obligations, advice should be sought from IQ head office
- In the event of either repeat or gross misconduct by an Institute member at social or other events, for example, but not exclusively: violent, aggressive or abusive behaviour, sexual or other harassment, non-compliance with safety regulations, criminal or other actions requiring the involvement of police or emergency services, the matter must be referred by the organising committee to the Institute’s Executive Director for referral to a Disciplinary Panel
- It is the duty of individual members to ensure that any non member guests who are deemed to have behaved in an unacceptable manner at an IQ function are not invited to participate in future events for such a time as is considered appropriate by the committee responsible for organizing the event or by the Disciplinary Panel in respect of a serious incident
Disciplinary Panel/Procedures
- Following a report or complaint which indicates that gross misconduct may have taken place, the matter will be considered by a Disciplinary Panel comprised of the President, Deputy President, Chairman of Council and Deputy Chairman of Council
- In the event that the recommendation of the Disciplinary Panel would lead to expulsion from membership, the member or members concerned have the opportunity either to resign or to have the matter determined by Council
- The disciplinary procedures covering expulsion from membership are contained in Bye-laws 9 for non corporate members (Appendix 1) and Article 11 for corporate members (Appendix 2)
Appendix 1
9. A. A non-corporate member shall cease to be a non-corporate
member and his name shall be removed forthwith from the register of non-corporate
members:
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i) where he is elected a corporate member, upon such election;
ii) where he sends to the Secretary a written notice of resignation, upon receipt of that notice at the registered office of the Institute; but where such a notice is received at the registered office of the Institute after the 30th day of November in any year, the non-corporate member shall, notwithstanding his resignation, remain liable to pay the annual subscription that would otherwise have been payable by him on the 1st day of January in the following year;
iii) in the case of an Affiliated Overseas Member when he ceases to be a member of an Affiliated National Institute;
iv) where he has failed to pay to the Institute money due in respect of his annual subscription for a period of six months after the same has become payable, upon the termination of that six-month period;
v) where the Secretary, at the direction of the Council sends him a notice to determine his membership, upon the 31st day of December in the year that the notice is sent;
vi) where he becomes of unsound mind, or enters into a composition with his creditors, or is convicted by a competent tribunal of an offence which, in the opinion of the Council, renders him unfit to be a non-corporate member, or where a Receiving Order is made against him, upon the happening of such event;
vii) where he is expelled from the Institute under the provisions of sub-clause E. of this clause, upon the resolution of the Council.
C. The provisions of sub-clause A. of this clause shall take effect without prejudice to the liability of the non-corporate member to pay the Institute any monies then due to it; but, where a non-corporate member is elected a corporate member, any money paid or payable in respect of his subscription as a non-corporate member for the year in which that election occurs shall be taken into account in determining the amount due from him in respect of his subscription as a corporate member for that year.
D. Where there is received by the Secretary a proposal in writing:
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(i) signed by not less than 20 corporate members in which
is set forth a demand that a non-corporate member should
be expelled from non-corporate membership and the grounds
upon which that demand is made, the Council shall cause an
inquiry to be held to determine whether that non-corporate
member should be expelled. The non-corporate member shall
have the right to make representations orally, or in writing
or by a representative at that inquiry. The members of the
inquiry shall make a report and recommendations to the Council.
E. Upon receiving the report and recommendations of the members
of the inquiry the Council may, with the consent of not less than three-quarters
in number of the members present at a meeting of the Council, resolve that
the non-corporate member be expelled from non-corporate membership of the
Institute but, before such a resolution is passed the Council may, if it
thinks fit, afford to the non-corporate member the opportunity of sending
to the Secretary written notice of resignation. Where such a resolution
is passed, written notice thereof shall be given to the next Annual General
Meeting of the Institute.
F. Where, after receiving the report and recommendations
of the members of the inquiry, the Council does not resolve
that the non-corporate member be expelled, no particulars
of the inquiry, nor the report and recommendations of the
members thereof, shall be entered in the minutes of its proceedings
Appendix 2
11. A. If the Council upon complaint of not less than twenty corporate
members resolve that the Council is of the opinion that any corporate member
of the Institute has committed a breach of any of these Articles or of
any Bye-Laws, Code of Conduct, rules or regulations made there under or
has been guilty of conduct prejudicial or tending to the prejudice of the
Institute the Council shall forthwith give notice in writing to the corporate
member alleged to be in default specifying the general nature of the complaint
made against such corporate member and specifying a date not less than
forty-eight hours from the date of such notice on which a meeting of a
disciplinary panel appointed by Council will be held at which such corporate
member may attend and make such explanation as such corporate member may
desire.
B. If after receiving the recommendations of the disciplinary
panel or after further considering the matter if the corporate
member concerned does not attend such meeting or make such
explanation the Council by a resolution of not less than
three-quarters of the members present at the meeting of the
Council confirms its previous resolution such corporate member
shall thereupon be suspended from the benefit of corporate
membership of the Institute.
C. Unless within seven days of such suspension the corporate
member concerned shall by notice in writing addressed to
the Secretary require the matter to be placed before the
Institute in General Meeting such corporate member shall
at the expiration of the said period of seven days cease
to be a corporate member of the Institute without prejudice
to such corporate member's liability to pay any sum then
due to the Institute.
D. If any corporate member suspended as aforesaid shall so
require the matter to be placed before the Institute in General
Meeting the Secretary shall call a General Meeting as soon
as reasonably possible after the receipt of such notice.
The corporate member alleged to be in default shall be entitled
to receive the same notice of the said General Meeting as
the other corporate members and shall have the same right
to attend and make explanation as such corporate member had
of attending before the disciplinary panel.
E. If after hearing the aforesaid explanation or after considering
the matter if the corporate member concerned does not attend
or make such explanation, the Institute in General Meeting
by resolution of not less than three-quarters of the votes
cast at such meeting so resolves the suspended corporate
member shall thereupon cease to be a corporate member of
the Institute without prejudice however to anything done
or omitted whilst such suspension has been in force.
MRS/ver10/23/03/07