It was unethical for Engineer A to not report the information directly to the tenants and public authorities.

The obligation of the engineer to protect the public health and safety has long been acknowledged by the Code of Ethics and by the Board of Ethical Review. This responsibility rests with the recognition that engineers with their education, training and experience possess a level of knowledge and understanding concerning technical matters which is superior to that of the lay public. It also is rooted in the implicit fact that as individuals who are granted a license by the state to practice, engineers have a duty to engage in practice which is consistent with the interests of the state and its citizenry. This obligation has long been recognized by this board. A good example is BER Case 84-5. There, a client planned a project and hired Engineer A to furnish complete engineering services for a project. Because of the potentially dangerous nature of implementing the design during the construction phase, Engineer A recommended to the client that a full-time, on-site project representative should be hired for the project. After reviewing the completed project plans and costs, the client indicated to Engineer A that the project would be too costly if such a representative were hired. Engineer A proceeded with the work on the project even though he had recommended that a full-time, on-site project representative should be hired. In discussing the issue of whether it was unethical for Engineer A to proceed with work on the project knowing that the client would not agree to hire a full-time, on-site project representative, the Board noted that Section II.1.a. admonishes engineers to recognize that their primary obligation is to protect the public safety, health, property and welfare. Under the facts, Engineer A did not recognize this primary obligation. Engineer A, using his best professional judgment, made a recommendation consistent with that obligation. However, when costs concerns where raised by the client, Engineer A abandoned the ethical duty and proceeded with the w...

Tenants of an apartment building sue the owner to force him to repair many defects in the building which affect the quality of use. Owner's attorney hires Engineer A to inspect the building and give expert testimony in support of the owner. Engineer A discovers serious structural defects in the building which he believes constitute an immediate threat to the safety of the tenants. The tenants' suit has not mentioned these safety related defects. Upon reporting the findings to the attorney, Engineer A is told he must maintain this information as confidential as it is part of a lawsuit. Engineer A complys with the request of the attorney.

Was it ethical for Engineer A to conceal his knowledge of the safety-related defects in view of the fact that it was an attorney who told him he was legally bound to maintain confidentiality?