Use Of CD-ROM For Highway Design
Case 121
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It was not ethical for Engineer A to offer facilities design and construction services under the facts presented.
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The issue of whether an engineer possesses the appropriate level of competence to perform specified services is one of most basic professional and ethical issues faced by practitioners (See Code Section II.2.a.). NSPE has been supportive of the concept that a qualified individual engineer, regardless of his or her particular area of technical discipline, should be licensed as a “professional engineer”. However, this position should not be understood to suggest that all engineers are free to practice without restriction in any and all areas within the practice of engineering. Instead, all engineers are implored to exercise careful professional judgment and discretion and practice solely within his or her area(s) of competency.
Over the years, the Board of Ethical Review has examined the issue of professional competency on numerous occasions under a variety of factual situations. For example, in Case 94-8, Engineer A, a professional engineer, worked with a construction contractor on a design/build project for the construction of an industrial facility. During the construction of the project, the construction contractor separately retained the services of a Engineer B, a professional engineer to design structural footings as part of the facility. Engineer B's degree and background was in chemical engineering. Engineer A had been unable to establish that Engineer B had any apparent subsequent training in foundation design, and Engineer A had reservations concerning the competence of Engineer B to design the structural footings and reported his concerns to the contractor. The Board decided that it would be unethical for Engineer B to perform the design of the structural footings as part of the facility and that Engineer A had an ethical responsibility to question Engineer B's competency and report his concerns to the contractor.
In BER Case 71-2, a case involving the brokerage of engineering services by two firms competing for government work and the question of profes...
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Engineer A, a chemical engineer with no facilities design and construction experience, receives a solicitation in the mail with the following information:“Engineers today cannot afford to pass up a single job that comes by - including construction projects that may be new or unfamiliar.Now - - thanks to a revolutionary new CD-ROM - specifying, designing and costing out any construction project is as easy as pointing and clicking your mouse - no matter your design experience. For instance, never designed a highway before? No problem. Just point to the ‘Highways’ window and click.Simply sign and return this letter today and you’ll be among the first engineers to see how this full-featured interactive library of standard design can help you work faster than ever and increase your firm’s profits.”Engineer A orders the CD-ROM and begins to offer facilities design and construction services.
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Created
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Was it ethical for Engineer A to offer facilities design and construction services under the facts presented?
Similar Cases
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Find Similar CasesD-tuple Component Breakdown
97
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Out-of-Competence Engineer
A licensed professional engineering role in which the practitioner offers or undertakes engineering services in a...
Engineer A Out-of-Competence Services
Engineer A is a chemical engineer with no facilities design and construction experience who orders a CD-ROM design...
Competence Reporting Engineer
A licensed professional engineering role in which the practitioner identifies and reports concerns about another...
Engineer A Competence Reporter
Engineer A, a professional engineer working on a design/build industrial facility project, identified that Engineer...
Engineer B Out-of-Competence Footing Design
Engineer B, a professional engineer with a chemical engineering background and no apparent training in foundation...
Engineer A Out-of-Competence Facilities Design
Engineer A, a chemical engineer with no substantive background or experience in facilities design and construction,...
6 entities
Principles
P
w=0.2
384D
Engineer B Competence Boundary Footing Design
Engineer B, a chemical engineer with no apparent training in foundation design, undertook the design of structural...
Specialist Retention Obligation Multi-Discipline Project
In multi-discipline projects such as facilities design and construction, engineers who lack competence in required...
Competence Boundary Principle
Professional principle prohibiting engineers from offering or undertaking engineering services in technical domains...
Commercial Inducement Resistance Principle
Professional virtue principle requiring engineers to critically evaluate and resist commercial solicitations,...
Engineer A Competence Boundary Overreach
Engineer A, a chemical engineer with no facilities design and construction experience, began offering facilities...
Engineer A Technology Substitution Violation
Engineer A treated a CD-ROM design tool as a substitute for the domain knowledge and professional judgment required...
Engineer A Commercial Inducement Resistance Failure
Engineer A responded to a commercial solicitation that explicitly framed professional competence requirements as...
Engineer A Public Welfare Risk
By offering facilities design and construction services without the requisite competence, Engineer A created a risk...
Engineer A Professional Honesty Omission
By offering facilities design and construction services without disclosing to prospective clients that Engineer A...
Self-Certification Prohibition Principle
Professional integrity principle prohibiting engineers from treating the acquisition of a commercial tool, template,...
Specialist Retention Obligation Principle
Professional principle requiring engineers who undertake or are retained for projects involving technical domains...
Engineer A Competence Boundary CD-ROM Facilities Design
Engineer A, a chemical engineer with no substantive background in facilities design and construction, began offering...
Engineer A Commercial Inducement CD-ROM Solicitation
Engineer A responded to a direct mail solicitation marketing a CD-ROM as a means to expand practice into facilities...
Engineer A Self-Certification CD-ROM Facilities Design
Engineer A treated the purchase and use of a commercial CD-ROM design tool as sufficient basis to represent himself...
Engineer A Technology Substitution CD-ROM Design
Engineer A used a CD-ROM design tool as a substitute for the engineering judgment, education, and experience...
Engineer A Competence Reporter Footing Concerns
Engineer A, working on the same design/build project, recognized that Engineer B lacked the competence to design...
Public Welfare Paramountcy Engineering Competence
The Board grounded the competence obligations at issue in the fundamental duty to protect public health and safety,...
17 entities
Obligations
O
w=0.15
384D
Engineer A Commercial Solicitation Resistance Failure
Engineer A was obligated to critically evaluate and resist the direct mail solicitation that framed professional...
Engineer A Tool Substitution Refusal
Engineer A was obligated to recognize that the CD-ROM design library could not substitute for the domain knowledge...
Competence Misrepresentation Avoidance Obligation
Duty of a licensed engineer to refrain from representing to prospective clients or the public that the engineer is...
Engineer A Competence Reporting Footing Concerns
Engineer A was obligated to report concerns about Engineer B's competence to design structural footings to the...
Engineer A Tool Substitution CD-ROM Design
Engineer A was obligated to refrain from treating the CD-ROM design tool as a substitute for the domain knowledge,...
Multi-Discipline Project Specialist Retention
Engineer A, undertaking a multi-discipline facilities design and construction project involving civil, structural,...
Competence Boundary Obligation
Duty of a licensed engineer to refrain from offering or undertaking engineering services in technical domains...
Tool Substitution Refusal Obligation
Duty of a licensed engineer to refrain from treating a software tool, CD-ROM library, or similar automated system as...
Engineer A Competence Boundary Facilities Design
Engineer A, as a licensed chemical engineer with no facilities design and construction experience, was obligated to...
Engineer A Commercial Solicitation Resistance
Engineer A was obligated to critically evaluate the commercial solicitation, which explicitly framed professional...
Engineer A Competence Misrepresentation Avoidance
Engineer A was obligated to refrain from representing to prospective clients that the engineer was qualified to...
Specialist Retention Obligation
Duty of an engineer who undertakes or is retained for a project involving technical domains outside the engineer's...
Competence Reporting Obligation
Duty of a licensed engineer who has reasonable grounds to question whether another engineer on the same project...
Self-Certification Avoidance Obligation
Duty of a licensed engineer to refrain from treating the acquisition or use of a commercial tool, template, CD-ROM...
Technology Role Limitation Obligation
Duty of a licensed engineer to ensure that computers, software, CD-ROMs, and other technological tools serve as...
Engineer B Out-of-Competence Footing Design Obligation
Engineer B, a chemical engineer with no apparent training in foundation design, was obligated to refrain from...
Engineer A Competence Boundary CD-ROM Facilities
Engineer A, a chemical engineer with no substantive background in facilities design and construction, was obligated...
Engineer A Self-Certification CD-ROM
Engineer A was obligated to refrain from treating the purchase and use of a commercial CD-ROM design tool as a basis...
Commercial Solicitation Resistance Obligation
Duty of a licensed engineer to critically evaluate commercial solicitations, marketing materials, and product...
19 entities
States
S
w=0.1
384D
Self-Certified Competence State
State in which a professional declares or implies competence in a domain based solely on self-assessment or use of a...
Engineer A CD-ROM Self-Certified Competence
Engineer A, a chemical engineer, offering facilities design and construction services based on a commercial CD-ROM tool
Engineer A Tool Substitution Competence
Engineer A's reliance on a commercial CD-ROM as a substitute for facilities design and construction knowledge
Cross-Discipline Practice State
State in which a licensed professional engineer, credentialed in one technical discipline, undertakes to perform...
Engineer A Tool Substitution for Competence
Engineer A's reliance on a commercial CD-ROM as a functional substitute for engineering education and experience in...
Engineer B Cross-Discipline Footing Design
Engineer B, a chemical engineer, performing structural footing design without demonstrated training or experience in...
Competence Misrepresentation State
State in which a professional begins offering services in a domain where they lack the requisite education,...
Tool Substitution for Competence State
State in which a professional treats a commercial software tool, database, or automated system as a functional...
Engineer A Outside Competence Domain
Engineer A's professional competence relative to facilities design and construction services
Engineer A Competence Misrepresentation
Engineer A's public offer of facilities design and construction services without disclosing the absence of relevant...
Engineer A Unfamiliar Tool Deployment
Engineer A's use of a CD-ROM design tool with no prior experience evaluating or verifying its outputs
11 entities
Resources
Rs
w=0.1
384D
CD-ROM Engineering Design Tool
Engineer A relies on this commercial CD-ROM product as the basis for offering facilities design and construction...
Engineering Competence Guidance Resource
Professional guidance addressing the requirement that engineers practice only within their areas of competence,...
Commercial Engineering Software Marketing Resource
A commercial solicitation, advertisement, or promotional material directed at licensed engineers offering software,...
NSPE Code of Ethics
Applied to evaluate whether Engineer A's decision to offer facilities design and construction services without...
NSPE Code Section II.2.a
Cited as the foundational code provision governing the requirement that engineers practice only within their areas...
Facilities Design CD-ROM Software
Identified as the commercial tool Engineer A relied upon as a purported basis for competency in facilities design...
6 entities
Actions
A
w=0.1
384D
Unauthorized Service Offering
Promotional Material Acceptance
Competency Shortcut Purchase
3 entities
Events
E
w=0.08
384D
Competency Gap Exposure
CD-ROM Delivery
Inadequate Competency Basis
Ethical Precedent Application
Solicitation Receipt
5 entities
Capabilities
Ca
w=0.07
384D
Engineer A Solicitation Critical Evaluation
Engineer A lacked or failed to exercise the capability to critically evaluate the direct mail solicitation that...
Solicitation Critical Evaluation Capability
Capability to critically evaluate commercial solicitations, marketing materials, and product promotions directed at...
Competence Self-Assessment Capability
Capability of a licensed professional engineer to accurately assess the boundaries of their own technical competence...
Tool Substitution Recognition Capability
Capability of a licensed professional engineer to recognize when a software tool, automated design library, or...
Engineer A Solicitation Evaluation
Engineer A lacked the capability to critically evaluate the commercial solicitation and failed to recognize that its...
Engineer A Competence Self-Assessment
Engineer A failed to accurately assess the boundaries of their own competence before offering facilities design and...
Engineer A Tool Substitution Recognition
Engineer A lacked the capability to recognize that the CD-ROM design library was being marketed as a substitute for...
Specialist Retention Judgment Capability
Capability of a licensed professional engineer to recognize when a project involves technical domains outside the...
Self-Certification Avoidance Capability
Capability of a licensed professional engineer to recognize when the acquisition or use of a commercial tool,...
Competence Reporting Capability
Capability of a licensed professional engineer to recognize when another engineer on the same project appears to...
Engineer A Self-Certification Avoidance
Engineer A failed to exercise the capability to recognize that purchasing and using the CD-ROM did not constitute a...
Engineer A Specialist Retention Judgment
Engineer A failed to exercise the capability to recognize that a multi-discipline facilities design and construction...
Engineer B Competence Self-Assessment Footing
Engineer B, a chemical engineer with no apparent training in foundation design, failed to accurately assess the...
Engineer A Competence Reporting Footing
Engineer A demonstrated the capability to recognize that Engineer B appeared to lack competence to design structural...
14 entities
Constraints
Cs
w=0.08
384D
Commercial Solicitation Reliance Constraint
Ethical and competence constraint prohibiting a licensed engineer from treating a commercial solicitation,...
Engineer A Technology Substitution CD-ROM
Engineer A was prohibited from treating the commercial CD-ROM design library as a substitute for the engineering...
Engineer A Scope of Practice Facilities Design
Engineer A, as a chemical engineer with no facilities design and construction experience, was prohibited by...
Engineer A Competence Misrepresentation Offering
Engineer A was constrained from representing to prospective clients that the engineer was qualified to perform...
Engineer A Commercial Solicitation Resistance
Engineer A was constrained from accepting the commercial solicitation's framing that professional competence...
Cross-Discipline Competence Constraint
Regulatory and ethical constraint prohibiting a licensed professional engineer from offering or performing...
Engineer A Unfamiliar Tool Competence
Engineer A, having no prior experience evaluating or verifying the outputs of the CD-ROM design tool, was required...
Self-Certification Competence Constraint
Ethical and regulatory constraint prohibiting a licensed engineer from treating self-directed acquisition of a...
Diploma Mill Equivalence Constraint
Ethical constraint establishing that a licensed engineer may not rely on perfunctory, non-rigorous, or commercially...
Engineer A CD-ROM Self-Certification
Engineer A, a chemical engineer with no substantive background in facilities design and construction, was prohibited...
Engineer A Technology Substitution Facilities
Engineer A was prohibited from using the CD-ROM design tool as a replacement or substitute for the engineering...
Engineer A Cross-Discipline Facilities Offer
Engineer A, licensed as a chemical engineer, was prohibited from offering or performing facilities design and...
Engineer B Footing Design Cross-Discipline
Engineer B, a chemical engineer with no demonstrated training or experience in foundation design, was prohibited...
Engineer A Commercial Solicitation Reliance
Engineer A was prohibited from treating the direct mail commercial solicitation for the CD-ROM, which explicitly...
Engineer A Diploma Mill Equivalence
Engineer A was prohibited from relying on the CD-ROM acquisition process, which the Board characterized as...
Engineer A Unfamiliar Tool CD-ROM
Engineer A, having no prior experience evaluating or verifying the outputs of the CD-ROM design tool and no...
16 entities
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