60-Day Notice Received → Hiring Engineer Doe
Adverse Finding Communication Competency
[facts] Doe verbally advises the XYZ Corporation of his findings
Doe verbally advises the XYZ Corporation of his findings
The professional skill to communicate unfavorable technical conclusions to clients in a clear, professional manner while maintaining ethical obligations
[facts] After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards.
After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards.
A state where a professional possesses knowledge of findings that are unfavorable to their client's interests or position, creating tension between client loyalty and professional/public duties
A state where a professional has reached conclusions through their expert analysis that are unfavorable to their client's interests or desired outcomes
A state where a professional has reached conclusions through proper investigation that are unfavorable to the client's interests or desired outcomes
[discussion] Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated... it is presumed that a failure to meet the minimum standards established by law is detrimental to the public health and safety.
Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated... it is presumed that a failure to meet the minimum standards established by law is detrimental to the public health and safety.
[discussion] We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code
We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code
Constraint limiting disclosure of information obtained through professional engagement to third parties
Client Suppression of Professional Documentation
[discussion] Doe, however, has reason to question why the corporation specifically stipulates that he not render a written report.
Doe, however, has reason to question why the corporation specifically stipulates that he not render a written report.
A state where a client actively instructs or pressures a professional to withhold, suppress, or not produce written documentation of professional findings, particularly when those findings may have public safety implications
[discussion] We interpret 'plans and specifications' in this section to include all engineering instruments of service.
We interpret 'plans and specifications' in this section to include all engineering instruments of service.
The ability to interpret professional codes of ethics in context, understanding how specific provisions apply to novel situations and how narrow provisions should be read in light of broader professional principles
[discussion] Section 1-'The Engineer will be guided in all his professional relations by the highest standards of integrity, and will act in professional matters for each client or employer as a faithful agent or trustee.'
Section 1-'The Engineer will be guided in all his professional relations by the highest standards of integrity, and will act in professional matters for each client or employer as a faithful agent or trustee.'
[discussion] Section 2(a)- 'He will regard his duty to the public welfare as paramount.'
Section 2(a)- 'He will regard his duty to the public welfare as paramount.'
[discussion] We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code. That portion of §2(c) which requires the engineer to report any request for 'unprofessional' conduct to 'proper authorities' is particularly pertinent
We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code. That portion of §2(c) which requires the engineer to report any request for 'unprofessional' conduct to 'proper authorities' is particularly pertinent
[discussion] Section 7-'The Engineer will not disclose confidential information concerning the business affairs or technical processes of any present or former client or employer without his consent.'
Section 7-'The Engineer will not disclose confidential information concerning the business affairs or technical processes of any present or former client or employer without his consent.'
[discussion] Section 7 of the code does not give us pause because the action of the engineer in advising proper authority...will not be disclosing the technical processes
Section 7 of the code does not give us pause because the action of the engineer in advising proper authority...will not be disclosing the technical processes
The competency to distinguish between protected confidential information and information that must be disclosed in the public interest, enabling appropriate disclosure without violating confidentiality obligations
[discussion] Section 7 of the code does not give us pause because the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing the technical processes or business affairs of the client.
Section 7 of the code does not give us pause because the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing the technical processes or business affairs of the client.
[discussion] Section 7 of the code does not give us pause because the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing the technical processes
Section 7 of the code does not give us pause because the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing the technical processes
Constraint that restricts disclosure of client business affairs and technical processes, but does not extend to matters affecting public safety
[facts] the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report to the corporation
the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report to the corporation
Confrontation with Public Safety Obligation
[discussion] Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare.
Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare.
A state where a professional becomes aware of circumstances that directly invoke their paramount duty to protect public safety, health, and welfare, requiring them to take action beyond normal client service
Contract Termination Completion → Present Contradictory Environmental Data
Contract Termination Decision → False Compliance Presentation
Contract Termination and Report Prohibition
Contract Termination with Conditions State
[discussion] The termination of Doe's contract with full payment for services rendered is a business decision which we will presume is permitted by the terms of the engineering services contract between Doe and his client.
The termination of Doe's contract with full payment for services rendered is a business decision which we will presume is permitted by the terms of the engineering services contract between Doe and his client.
A state where a professional's engagement has been terminated by the client with specific conditions attached, particularly conditions that may affect the professional's ability to fulfill ongoing ethical obligations
Contract Termination with Suppression Intent State
[facts] Subsequently, the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report to the corporation.
Subsequently, the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report to the corporation.
A state where a professional's engagement has been terminated specifically to prevent disclosure of unfavorable findings, creating tension between contractual obligations and professional duties
[discussion] The termination of Doe's contract with full payment for services rendered is a business decision which we will presume is permitted by the terms of the engineering services contract
The termination of Doe's contract with full payment for services rendered is a business decision which we will presume is permitted by the terms of the engineering services contract
Constraint defined by the terms of the engineering services contract that limits the scope and continuation of professional engagement
[facts] the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report
the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report
Constraint on professional's ability to continue work or deliver products when client terminates engagement
Contradictory Data Presentation → Ethical Obligations Triggered
[discussion] The termination of Doe's contract with full payment for services rendered is a business decision
[discussion] The termination of Doe's contract with full payment for services rendered is a business decision which we will presume is permitted
The termination of Doe's contract with full payment for services rendered is a business decision
The termination of Doe's contract with full payment for services rendered is a business decision which we will presume is permitted
Business organization that retains engineering professionals to conduct studies and provide technical services, with authority to direct scope of work within contractual bounds
Business organization that retains engineering professionals under contract to perform technical services, studies, or assessments, with authority to direct scope of work and terminate contracts
[facts] XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
[facts] the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
Technical data and documentation prepared by corporations to demonstrate compliance with environmental regulations and standards
Corporate Environmental Permit Applicant
[facts] The XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit
The XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit
Corporate entity required by regulatory authority to apply for environmental discharge permits and demonstrate compliance with established environmental standards
Corporate entity seeking regulatory permits for environmental discharges, responsible for demonstrating compliance with environmental standards to regulatory authorities
[facts] He further concludes that corrective action will be very costly
He further concludes that corrective action will be very costly
[facts] After completion of his studies but before completion of any written report
After completion of his studies but before completion of any written report
[facts] the corporation employs Engineer Doe to perform consulting engineering services and submit a detailed report
the corporation employs Engineer Doe to perform consulting engineering services and submit a detailed report
[facts] Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view
Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view
[facts] Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards
Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards
[facts] the corporation terminates the contract with Doe with full payment for services performed
the corporation terminates the contract with Doe with full payment for services performed
[facts] instructs Doe not to render a written report to the corporation
instructs Doe not to render a written report to the corporation
[facts] the discharge from the plant will lower the quality of the receiving body of water below established standards
the discharge from the plant will lower the quality of the receiving body of water below established standards
[discussion] the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing the technical processes or business affairs
the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing the technical processes or business affairs
[facts] terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report
terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report
[facts] After completion of his studies but before completion of any written report, Doe concludes
After completion of his studies but before completion of any written report, Doe concludes
[discussion] We interpret the language in the context of the facts to mean that it would now be 'unprofessional conduct' for Doe to not take further action to protect the public interest.
We interpret the language in the context of the facts to mean that it would now be 'unprofessional conduct' for Doe to not take further action to protect the public interest.
Core finding that triggered contract termination and created ethical dilemma about disclosure
Created the central ethical dilemma when XYZ terminated contract to suppress findings
Directly triggered XYZ's decision to terminate Doe's contract and suppress findings
[discussion] His verbal advice to the corporation would seem to meet the letter and spirit of §§1 and 1(c).
His verbal advice to the corporation would seem to meet the letter and spirit of §§1 and 1(c).
[discussion] the action of the engineer in advising proper authority of the apparent danger to the public interest will not...be disclosing the technical processes
the action of the engineer in advising proper authority of the apparent danger to the public interest will not...be disclosing the technical processes
[discussion] Section 7 of the code does not give us pause because the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing
Section 7 of the code does not give us pause because the action of the engineer in advising proper authority of the apparent danger to the public interest will not in this case be disclosing
This state transforms Doe's situation from completed client engagement to active ethical obligation requiring further action
[facts] the corporation employs Engineer Doe to perform consulting engineering services and submit a detailed report... After completion of his studies but before completion of any written report... instructs Doe not to render a written report
the corporation employs Engineer Doe to perform consulting engineering services and submit a detailed report... After completion of his studies but before completion of any written report... instructs Doe not to render a written report
Created the central ethical dilemma - whether Doe should disclose despite termination instructions
Business mechanism used to attempt to limit Doe's professional obligations
[facts] the corporation employs Engineer Doe to perform consulting engineering services
the corporation employs Engineer Doe to perform consulting engineering services
[facts] the corporation employs Engineer Doe to perform consulting engineering services and submit a detailed report... After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards
the corporation employs Engineer Doe to perform consulting engineering services and submit a detailed report... After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards
Doe fulfilled this obligation by verbally advising XYZ of the standards violation
[discussion] In this spirit Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated. His verbal advice to the corporation would seem to meet the letter and spirit of §§1 and 1(c).
In this spirit Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated. His verbal advice to the corporation would seem to meet the letter and spirit of §§1 and 1(c).
Doe satisfied his duty to client, which now allows focus on higher public duties
[discussion] Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated
Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated
[discussion] In this spirit Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated.
In this spirit Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated.
Doe fulfilled his faithful agent duties by verbally advising XYZ of the standards violation before contract termination
[discussion] Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated. His verbal advice to the corporation would seem to meet the letter and spirit of §§1 and 1(c).
Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated. His verbal advice to the corporation would seem to meet the letter and spirit of §§1 and 1(c).
Escalated ethical dilemma - Doe now knows misleading information is being used in regulatory proceeding
[facts] Thereafter, Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards.
Thereafter, Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards.
Doe's professional knowledge that standards will be violated is the foundation of his ethical obligations throughout the case
[discussion] Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated.
Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated.
Escalated the ethical dilemma by adding public proceeding dimension to suppressed findings
Hearing triggers Doe's confrontation with paramount public duty, requiring action
[discussion] Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare. Section 2(a) requires that his duty to the public be paramount.
Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare. Section 2(a) requires that his duty to the public be paramount.
[facts] Thereafter, Doe learns that the authority has called a public hearing
Thereafter, Doe learns that the authority has called a public hearing
[discussion] Doe, however, has reason to question why the corporation specifically stipulates that he not render a written report
Doe, however, has reason to question why the corporation specifically stipulates that he not render a written report
[discussion] the action of the engineer in advising proper authority of the apparent danger to the public interest
the action of the engineer in advising proper authority of the apparent danger to the public interest
Triggering event that 'squarely confronts' Doe with his public obligations
Doe's awareness of safety violations creates obligation to act despite contract termination
[discussion] In this case, it is presumed that a failure to meet the minimum standards established by law is detrimental to the public health and safety.
In this case, it is presumed that a failure to meet the minimum standards established by law is detrimental to the public health and safety.
[discussion] Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare
Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare
Foundation of the ethical issue - Doe's discovery triggers all subsequent obligations
[discussion] The client's action instructing Doe to not render a written report when coupled with XYZ's testimony at the hearing raises the question of Doe's obligation under §2(c).
The client's action instructing Doe to not render a written report when coupled with XYZ's testimony at the hearing raises the question of Doe's obligation under §2(c).
[discussion] the results of his studies indicate that the established standards will in his opinion be violated
the results of his studies indicate that the established standards will in his opinion be violated
Creates the central ethical dilemma - Doe possesses knowledge relevant to public hearing but was instructed not to document it
Central ethical dilemma - Doe's professional opinion is being suppressed while public safety is at risk
Central ethical dilemma - creates tension between client instruction and public safety obligation
Created the ethical question of whether Doe has obligation to disclose despite client instruction
Board's interpretation that inaction by Doe would itself constitute unprofessional conduct
Board interprets XYZ's actions as triggering Section 2(c) reporting obligations
[discussion] The client's action instructing Doe to not render a written report when coupled with XYZ's testimony at the hearing raises the question of Doe's obligation
The client's action instructing Doe to not render a written report when coupled with XYZ's testimony at the hearing raises the question of Doe's obligation
Doe's verbal advice before contract termination
Obligation requiring professionals to maintain independence in professional judgment and not allow client termination or payment to suppress truthful findings or prevent completion of professional work product
[discussion] He will advise his client or employer when he believes a project will not be successful.
He will advise his client or employer when he believes a project will not be successful.
Obligation requiring engineers to advise clients or employers when they believe a project will not be successful or will violate standards
Duty to Complete Professional Documentation
[facts] After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality
After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality
Obligation requiring professionals to document and preserve findings in written form, particularly when those findings have public safety or regulatory implications
Obligation requiring professionals to report findings that indicate potential environmental damage or violations of environmental standards to appropriate authorities, even when such disclosure conflicts with client interests
Obligation requiring professionals to take action when they have knowledge that their client is presenting false or misleading information to public authorities or the public
[discussion] He will not complete, sign or seal plans and/or specifications that are not of a design safe to the public health and welfare
He will not complete, sign or seal plans and/or specifications that are not of a design safe to the public health and welfare
Obligation requiring engineers to not complete, sign, or seal plans and specifications that are not safe to public health and welfare
Duty to Report Unprofessional Conduct Requests
[discussion] That portion of §2(c) which requires the engineer to report any request for 'unprofessional' conduct to 'proper authorities'
That portion of §2(c) which requires the engineer to report any request for 'unprofessional' conduct to 'proper authorities'
Obligation requiring engineers to report any client or employer request for unprofessional conduct to proper authorities
[discussion] the paramount duty of the engineer is to protect the public safety, health and welfare in a broad context
the paramount duty of the engineer is to protect the public safety, health and welfare in a broad context
[discussion] He will notify the proper authority of any observed conditions which endanger public safety and health.
He will notify the proper authority of any observed conditions which endanger public safety and health.
[discussion] Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.' ... Section 2(a) requires that his duty to the public be paramount.
[discussion] Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.'... Section 2(a) requires that his duty to the public be paramount... We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code.
Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.' ... Section 2(a) requires that his duty to the public be paramount.
Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.'... Section 2(a) requires that his duty to the public be paramount... We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code.
[discussion] Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.'
Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.'
[discussion] That particular reference must be read in light of the overall thrust of §§2 and 2(a), both of which indicate clearly that the paramount duty of the engineer is to protect the public safety, health and welfare
That particular reference must be read in light of the overall thrust of §§2 and 2(a), both of which indicate clearly that the paramount duty of the engineer is to protect the public safety, health and welfare
[discussion] Section 2(a) requires that his duty to the public be paramount.
Section 2(a) requires that his duty to the public be paramount.
Professional engineer retained by a client organization to conduct independent studies, assessments, and provide expert technical opinions on compliance with established standards and regulations
Professional engineer retained by a client organization to conduct studies, provide technical assessments, and render professional opinions on engineering matters, operating under a services contract with defined scope and deliverables
Detailed technical report prepared by a consulting engineer documenting findings, analysis, and conclusions from professional engineering studies
Formal written technical report prepared by a consulting engineer documenting findings, analysis, and conclusions from professional engineering studies
A legal agreement between an engineer and client that defines the scope of services, deliverables, payment terms, and conditions for engineering work
A legal agreement between an engineer and client that defines the scope of services, deliverables, payment terms, and conditions governing the professional relationship
A legal agreement between an engineer and client that defines the scope of services, deliverables, payment terms, and conditions of the professional engagement
Engineering Standards Compliance Consultant
Professional engineer retained to conduct studies and provide expert assessment on whether projects, facilities, or operations meet established legal and regulatory standards, with particular responsibility for advising clients on compliance status and potential violations
Professional engineer retained to perform independent technical studies and provide expert analysis on environmental impacts, specifically assessing whether industrial discharges meet regulatory standards for water quality
Environmental Discharge Permit Application
[facts] XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit to discharge manufacturing wastes into a receiving body of water
XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit to discharge manufacturing wastes into a receiving body of water
Official regulatory document required for organizations seeking authorization to discharge manufacturing or industrial wastes into bodies of water
[facts] Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards.
Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards.
A state where professional analysis has identified that an action or condition will cause environmental degradation below established standards, creating public welfare protection obligations
Environmental Impact Assessment Competency
The technical and analytical ability to evaluate how industrial discharges affect receiving water bodies and compare results against established environmental standards
Technical engineering report analyzing the environmental effects of industrial activities, particularly discharge impacts on receiving environments
Principle that engineers have an ethical duty to protect the natural environment and prevent harm to ecological systems, even when this conflicts with client interests or contractual relationships
[facts] XYZ is also advised of the minimum standard that must be met... the discharge from the plant will lower the quality of the receiving body of water below established standards
[facts] XYZ is also advised of the minimum standard that must be met... the receiving body of water after receiving the manufacturing wastes will still meet established environmental standards
XYZ is also advised of the minimum standard that must be met... the discharge from the plant will lower the quality of the receiving body of water below established standards
XYZ is also advised of the minimum standard that must be met... the receiving body of water after receiving the manufacturing wastes will still meet established environmental standards
Established regulatory standards defining minimum acceptable quality levels for environmental resources such as water bodies
[facts] XYZ is also advised of the minimum standard that must be met
XYZ is also advised of the minimum standard that must be met
Physical/legal constraint defining minimum acceptable environmental quality levels that cannot be exceeded
Environmental Standards Violation Risk State
A state where professional analysis indicates that an activity will cause environmental conditions to fall below legally established standards
A state where an entity's activities have been determined by professional analysis to cause environmental conditions to fall below legally established standards
Established Environmental/Safety Standards
Legal or regulatory standards established by law that define minimum requirements for public health, safety, or environmental protection
Legal or regulatory standards establishing minimum requirements for environmental quality, public health, or safety that engineering work must meet
Legally mandated minimum standards established by law for environmental protection, public health, and safety that engineering work must comply with
[discussion] Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated... a failure to meet the minimum standards established by law is detrimental to the public health and safety.
Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated... a failure to meet the minimum standards established by law is detrimental to the public health and safety.
[discussion] As we noted in Case No. 67-10, even though involving unrelated facts and circumstances, 'It is basic to the entire concept of a profession that its members will devote their interests to the public welfare, as is made abundantly clear in §2 and §2(a) of the code.'
As we noted in Case No. 67-10, even though involving unrelated facts and circumstances, 'It is basic to the entire concept of a profession that its members will devote their interests to the public welfare, as is made abundantly clear in §2 and §2(a) of the code.'
[discussion] As we noted in Case No. 67-10, even though involving unrelated facts and circumstances, 'It is basic to the entire concept of a profession that its members will devote their interests to the public welfare'
As we noted in Case No. 67-10, even though involving unrelated facts and circumstances, 'It is basic to the entire concept of a profession that its members will devote their interests to the public welfare'
Prior decisions and interpretations issued by professional ethics boards that establish precedent for interpreting ethical codes and standards in similar situations
Prior decisions and interpretations issued by professional ethics boards that establish precedent for interpreting ethical codes in similar situations
Prior decisions and interpretations issued by professional ethics boards that serve as precedent for interpreting ethical codes in subsequent cases
[discussion] Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.' In this spirit Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated.
Section 1 of the code is clear in providing that the engineer 'will act in professional matters for each client or employer as a faithful agent or trustee.' In this spirit Engineer Doe has advised the XYZ Corporation that the results of his studies indicate that the established standards will in his opinion be violated.
[discussion] The Engineer will be guided in all his professional relations by the highest standards of integrity, and will act in professional matters for each client or employer as a faithful agent or trustee.
The Engineer will be guided in all his professional relations by the highest standards of integrity, and will act in professional matters for each client or employer as a faithful agent or trustee.
Principle that engineers must act as loyal representatives serving their clients' or employers' legitimate interests with integrity and trustworthiness
[discussion] The Engineer will act in professional matters for each client or employer as a faithful agent or trustee.
The Engineer will act in professional matters for each client or employer as a faithful agent or trustee.
Obligation requiring engineers to act in professional matters for each client or employer as a faithful agent or trustee, maintaining highest standards of integrity
Faithful Agent Obligation Fulfilled State
A state where a professional has satisfied their duty to act as a faithful agent or trustee to their client by providing appropriate advice, even if that advice is unwelcome
Hire Environmental Consulting Engineer → Standards Violation Discovery
Knowledge of Misrepresentation to Authority State
A state where a professional possesses knowledge that contradicts information being presented to regulatory authorities by another party
A state where a professional has determined through their professional judgment and studies that established legal or regulatory standards are being or will be violated, creating potential public harm
[facts] Subsequently, the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report to the corporation
Subsequently, the corporation terminates the contract with Doe with full payment for services performed, and instructs Doe not to render a written report to the corporation
A state where a professional becomes aware that misleading or incomplete information is being presented in a public regulatory proceeding, triggering potential disclosure obligations
A state where an entity has presented data or information to regulatory authorities that contradicts known professional findings or misrepresents actual conditions
[facts] After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards
After completion of his studies but before completion of any written report, Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards
A state where circumstances have elevated the professional's duty to the public above other professional obligations, requiring action to protect public safety, health, or welfare
Permit Deadline Activation → Hire Environmental Consulting Engineer
Permit Deadline Imposed → Hiring Engineering Consultant
Post-Engagement Ethical Judgment Competency
The ethical reasoning ability to determine appropriate professional conduct after a client relationship has been terminated, particularly regarding information obtained during engagement
Present Contradictory Environmental Data
[facts] Thereafter, Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
Thereafter, Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
A comprehensive ethical code governing the professional conduct, duties, and obligations of engineers, including responsibilities to clients, employers, and the public
A formal code document establishing ethical standards, duties, and professional conduct requirements for engineers, including obligations to clients, employers, and the public
A formal document establishing ethical standards, duties, and professional conduct requirements for engineers, including obligations to clients, employers, and the public
The competency to determine when, how, and in what format professional findings should be documented and communicated, including the ability to recognize when requests to alter reporting practices may constitute unprofessional conduct
[discussion] We interpret 'plans and specifications' in this section to include all engineering instruments of service. That particular reference must be read in light of the overall thrust of §§2 and 2(a), both of which indicate clearly that the paramount duty of the engineer is to protect the public safety, health and welfare in a broad context.
We interpret 'plans and specifications' in this section to include all engineering instruments of service. That particular reference must be read in light of the overall thrust of §§2 and 2(a), both of which indicate clearly that the paramount duty of the engineer is to protect the public safety, health and welfare in a broad context.
[facts] Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
Principle that engineers have an ethical duty to ensure that accurate technical information reaches appropriate authorities and the public, particularly when public welfare or environmental protection is at stake
The presumed failure to meet minimum standards established by law is deemed detrimental to public health and safety, forming the basis for Doe's paramount public duty
A state where a professional becomes aware of a public proceeding or hearing related to matters on which they possess relevant professional knowledge, triggering consideration of disclosure obligations
Official documentation and proceedings from regulatory public hearings where stakeholders present data and testimony on environmental or regulatory matters
[facts] the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards
Data and documentation submitted by organizations to regulatory authorities during public hearings on environmental matters
Public Interest Whistleblowing Judgment Competency
The ethical and analytical competency to evaluate when professional knowledge of potential public harm creates an obligation to disclose information despite confidentiality constraints
Public Safety Endangerment Awareness State
A state where a professional has become aware of conditions or circumstances that endanger public safety, health, or welfare, triggering heightened professional obligations
Obligation requiring engineers to regard their duty to public welfare as paramount above all other professional considerations including client interests
[discussion] We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code.
We note that we have not heretofore during the entire existence of the board had occasion to interpret §2(c) of the code.
Governmental or professional body with jurisdiction to conduct hearings, interpret professional codes of ethics, and receive reports of unprofessional conduct or public safety concerns from engineers
Regulatory Compliance Analysis Competency
[facts] XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit
XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit
The analytical ability to interpret regulatory requirements, permit conditions, and minimum standards to assess whether industrial operations meet legal environmental thresholds
Temporal constraint imposed by regulatory authority requiring action within specified timeframe
[facts] The XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit to discharge manufacturing wastes into a receiving body of water.
The XYZ Corporation has been advised by a State Pollution Control Authority that it has 60 days to apply for a permit to discharge manufacturing wastes into a receiving body of water.
A state where an organization faces a time-bound regulatory requirement to obtain permits or meet compliance standards, creating urgency for action and decision-making
A state where an organization faces a time-bound regulatory requirement with specific deadlines for compliance actions, creating urgency and constraining available options
A state where an organization is under a time-bound regulatory requirement to submit documentation or take action to comply with governmental authority mandates
Regulatory Non-Compliance Discovery State
A state where a professional has discovered through their work that established legal or regulatory standards will be or are being violated by a client or project
A state where a client or employer has made a request or instruction that constitutes unprofessional conduct under professional ethics codes, triggering reporting obligations
A state where a professional possesses material information relevant to public welfare or regulatory proceedings that has been deliberately prevented from formal documentation or disclosure
A state where a professional's technical findings or opinions are being actively suppressed or prevented from being documented by a client or employer, creating tension between contractual obligations and professional duties
A state where a professional has been instructed by a client or employer to withhold or not produce a written report or documentation of findings, particularly when those findings have safety or compliance implications
A state where a professional's findings or report have been deliberately prevented from being formalized or disclosed by the client, creating ongoing ethical obligations regarding the suppressed information
[discussion] We interpret the language in the context of the facts to mean that it would now be 'unprofessional conduct' for Doe to not take further action
We interpret the language in the context of the facts to mean that it would now be 'unprofessional conduct' for Doe to not take further action
The ability to identify when client or employer requests constitute unprofessional conduct that requires reporting to proper authorities, including recognizing subtle forms of pressure to compromise professional standards
[discussion] The client's action instructing Doe to not render a written report when coupled with XYZ's testimony at the hearing raises the question of Doe's obligation under §2(c). We interpret the language in the context of the facts to mean that it would now be 'unprofessional conduct' for Doe to not take further action to protect the public interest.
The client's action instructing Doe to not render a written report when coupled with XYZ's testimony at the hearing raises the question of Doe's obligation under §2(c). We interpret the language in the context of the facts to mean that it would now be 'unprofessional conduct' for Doe to not take further action to protect the public interest.
A state where a professional has received a request or instruction from a client or employer that constitutes unprofessional conduct, triggering reporting obligations
A state where a professional has received a request or instruction from a client that constitutes or would require unprofessional conduct, triggering reporting obligations to proper authorities
Verbal Advice Only → False Compliance Presentation
Verbal Disclosure of Findings → Contract Termination and Report Prohibition
Verbal Findings Report → Contract Termination Decision
Violation Standards Discovery → Contract Termination Decision
[discussion] That portion of §2(c) which requires the engineer to report any request for 'unprofessional' conduct to 'proper authorities' is particularly pertinent in the situation before us.
That portion of §2(c) which requires the engineer to report any request for 'unprofessional' conduct to 'proper authorities' is particularly pertinent in the situation before us.
Principle that engineers have an affirmative obligation to report unprofessional conduct and dangers to public safety to proper authorities when internal channels fail
Client-imposed constraint prohibiting the engineer from producing written reports or formal documentation of findings
[facts] it has 60 days to apply for a permit to discharge manufacturing wastes into a receiving body of water
it has 60 days to apply for a permit to discharge manufacturing wastes into a receiving body of water
[discussion] the corporation specifically stipulates that he not render a written report
the corporation specifically stipulates that he not render a written report
The corporation's non-compliant state is the underlying condition that creates all ethical obligations for Doe
[discussion] it is presumed that a failure to meet the minimum standards established by law is detrimental to the public health and safety.
it is presumed that a failure to meet the minimum standards established by law is detrimental to the public health and safety.
Central to the ethical dilemma - XYZ's suppression attempt triggers Doe's reporting obligations under Section 2(c)
The underlying environmental risk that creates the public welfare dimension of the ethical case
Underlying environmental risk that XYZ is attempting to conceal from regulatory authority
[facts] Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards. He further concludes that corrective action will be very costly.
Doe concludes that the discharge from the plant will lower the quality of the receiving body of water below established standards. He further concludes that corrective action will be very costly.
The underlying condition that XYZ sought to conceal and that creates public welfare concerns
Escalates the ethical dilemma - Doe now knows XYZ is presenting contradictory data to regulators at a public forum
[facts] Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards.
Doe learns that the authority has called a public hearing and that the XYZ Corporation has presented data to support its view that the present discharge meets minimum standards.
XYZ's non-compliance with established standards is the underlying public safety concern
Underlying non-compliance state that XYZ is attempting to conceal from regulatory authority
XYZ's actual non-compliant status that contradicts their public hearing presentation
The non-compliant state that XYZ is attempting to conceal from the regulatory authority
Created the context for hiring Engineer Doe and the subsequent ethical conflict
Created the context for hiring Engineer Doe and subsequent ethical dilemma
Created the context requiring XYZ to hire Doe and subsequently led to the ethical dilemma when findings were unfavorable
The Board interprets XYZ's combined actions as constituting a request for unprofessional conduct, making it unprofessional for Doe to NOT take further action
XYZ data presentation during public hearing
contract termination before public hearing announcement
contract termination before verbal advice to corporation
study completion before written report completion
Conducting hearing, interpreting Section 2(c) of the code for the first time, determining Engineer Doe's obligations under the code
Protect public safety, health, and welfare
verbal advice to XYZ before contract termination
verbal findings report before XYZ presenting contradictory data
Advised XYZ Corporation of permit requirement and 60-day deadline; established minimum standards; called public hearing on the matter
Advised XYZ Corporation of permit requirement and minimum standards, called public hearing on the matter
Advised XYZ Corporation of permit requirement and minimum standards; called public hearing where XYZ presented data
Retained to study discharge impacts, concluded discharge would lower water quality below standards, verbally advised corporation, contract terminated before written report, learned corporation presented contradictory data at public hearing
Retained to study whether manufacturing waste discharge would meet environmental standards; concluded discharge would lower water quality below standards and corrective action would be costly; verbally advised corporation; contract terminated with instruction not to submit written report
Retained to study whether manufacturing waste discharge would meet environmental standards; concluded discharge would lower water quality below standards; verbally advised corporation; contract terminated before written report; learned corporation presented contrary data at public hearing
Assess whether discharge meets environmental standards
Submit detailed report on discharge impacts
Client subsequently presented contradictory data to public authority
Client terminated contract after unfavorable findings
Client terminated contract after unfavorable verbal findings
Conflict between client confidentiality and public welfare
Conflict between client instructions and public welfare/truthfulness obligations
Instructed not to render written report despite completing studies
Knowledge that corporation presented data at public hearing contradicting his findings
Knowledge that corporation presented data contradicting his findings at public hearing
Advised by authority to apply for discharge permit; employed Engineer Doe for assessment; terminated contract after unfavorable verbal findings; presented contradictory data at public hearing
Required to apply for discharge permit, hired Engineer Doe for assessment, terminated contract after unfavorable verbal findings, presented contradictory data at public hearing
Required to apply for discharge permit; retained Engineer Doe for environmental study; terminated contract after unfavorable verbal findings; instructed Doe not to submit written report; presented data at public hearing claiming discharge meets standards
Apply for discharge permit within 60 days
Apply for permit to discharge manufacturing wastes within 60 days
Present accurate data to regulatory authority
Provide accurate data to regulatory authority
Instructed engineer not to submit written report
Presented data at public hearing supporting view that discharge meets standards despite engineer's contrary findings
Presented data supporting compliance despite engineer's contrary conclusions
Presented data to authority supporting view that discharge meets standards despite engineer's contrary conclusions
Terminated engineer after receiving unfavorable findings
Terminated engineer contract after receiving unfavorable findings