Engineer A should take immediate steps to go to Engineer A’s supervisor to press for strict enforcement of the five-ton limit, and if this is ineffective, contact state and/or federal transportation/highway officials, the state engineering licensure board the director of public works, county commissioners, state officials, and such other authorities as appropriate. Engineer A should also work with the consulting engineering firm to determine if the two crutch pile with five-ton limit design solution would be effective and report this information to his supervisor. In addition, Engineer A should determine whether a basis exists for reporting the activities of the retired bridge inspector to the state board as the unlicensed practice of engineering.

The obligation of a professional engineer to take action when faced with a situation involving a direct threat to the public health and safety has been addressed by this board on several other occasions. A review of the cases decided over the years by the NSPE Board of Ethical Review demonstrates a consistent approach regarding this fundamental obligation on the part of professional engineers. For example, BER Case No. 92-6 involved Technician A serving as a field technician employed by a consulting environmental engineering firm. At the direction of his supervisor, Engineer B, Technician A sampled the contents of drums located on the property of a client. Based on Technician A's past experience, it was his opinion that analysis of the sample would most likely determine that the drum contents would be classified as hazardous waste. If the material was hazardous waste, Technician A knew that certain steps would legally have to be taken to transport and properly dispose of the drum, including notifying the proper federal and state authorities. Technician A asked his supervisor, Engineer B, what to do with the samples. Engineer B told Technician A only to document the existence of the samples. Technician A was then told by Engineer B that since the client did other business with the firm, Engineer B would tell the client where the drums were located but would do nothing else. Thereafter, Engineer B informed the client of the presence of drums containing "questionable material" and suggested that they be removed. The client contacted another firm and had the material removed. In considering whether it was ethical for Engineer B merely to inform the client of the presence of the drums and suggest that they be removed, and whether Engineer B had an ethical obligation to take further action, the Board noted that the extent to which an engineer has an obligation to hold paramount the public health and welfare in the performance of professional duties (See NSPE Code Sectio...

Engineer A was an engineer with a local government. Engineer A learned about a critical situation involving a bridge 280 feet long, 30 feet above the stream. This bridge was a concrete deck on wood piles built in the 1950's by the state. It was part of the secondary roadway system given to the counties many years ago.In June 2000, Engineer A received a telephone call from the bridge inspector stating this bridge needed to be closed due to the large number of rotten piling. Engineer A had barricades and signs erected within the hour on a Friday afternoon. Residents in the area were required to take a 10-mile detour.On the following Monday, the barricades were in the river and the “Bridge Closed” sign was in the trees by the roadway. More permanent barricades and signs were installed. The press published photos of some of the piles that did not reach the ground and the myriad of patch work over the years.Within a few days, a detailed inspection report prepared by a consulting engineering firm, signed and sealed, indicated seven pilings required replacement. Within three weeks, Engineer A had obtained authorization for the bridge to be replaced. Several departments in the state and federal transportation departments needed to complete their reviews and tasks before the funds could be used.A rally was held, and a petition with approximately 200 signatures asking that the bridge be reopened to limited traffic was presented to the County Commission. Engineer A explained the extent of the damages and the efforts under way to replace the bridge. The County Commission decided not to reopen the bridge.Preliminary site investigation studies were begun. Environmental, geological, right-of-way, and other studies were also performed. A decision was made to use a design build contract to avoid a lengthy scour analysis for the pile design.A non-engineer public works director decided to have a retired bridge inspector, who was not an engineer, examine the bridge, and a decision was ...

What is Engineer A’s ethical obligation under these circumstances?