Participation in Production of Unsafe Equipment
Case 160
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2026-02-13 21:36
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The ethical obligations of the engineers of Company "B" are to notify their employer of possible dangers to the public safety and seek to have the design and specifications altered to make the machinery safe in their opinion; if the opinions cannot be reconciled they should propose submission of the problem to an independent and impartial body of experts: unless and until the engineers of Company "B" are satisfied that the machinery would not jeopardize the public safety they should refuse to participate in any engineering activity connected with the project.
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The engineers of Company "B" fulfilled their obligation under Section l(c) of the Code by notifying their employer that they did not believe the project would be successful as designed by the engineers of Company "A". They also met the requirements of Section 2 in pointing out the consequences to be expected from proceeding under the original plans and specifications. By their actions the engineers of Company "B" regarded their "duty to the public welfare as paramount," as required by Section 2(a).
The further and more difficult question, however, is whether the engineers of Company "B" are required or ethically permitted to refuse to proceed with the production on the basis of plans and specifications which they continue to regard as unsafe.
In Case 61-10, we held that engineers assigned to the redesign of a commercial product of lower quality should not question the company's business decision, but had an obligation to point out any safety hazards in the new design. In that case, however, the redesign of the product involved only a question of a lower quality product and did not raise the problem of the product endangering public health or safety.
Section 2(c) of the Code is specific in holding that engineers will not complete, sign, or seal plans and/or specifications that are not of a design safe to the public health and welfare. In this situation the engineers of Company "B" have not been requested, or required, to "sign, or seal plans and/or specifications" at all. This has been clone by the engineers of Company "A". A literal construction of the Code language may, therefore, indicate that the engineers of Company "B" may ethically proceed with their role in the production process. But we think that this is too narrow a reading of the Code and that the purpose and force of Section 2(c) is that the engineer will not participate in any way in engineering operations which endanger the public health and safety.
The last sentence of Section 2(c) is likewise cle...
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Engineers of Company "A" prepared plans and specifications for machinery to be used in a manufacturing process and Company "A" turned them over to Company "B" for production. The engineers of Company "B" in reviewing the plans and specifications came to the conclusion that they included certain miscalculations and technical deficiencies of a nature that the final product might be unsuitable for the purposes of the ultimate users, and that the equipment, if built according to the original plans and specifications, might endanger the lives of persons in proximity to it. The engineers of Company "B" called the matter to the attention of appropriate officials of their employer who, in turn, advised Company "A" of the concern expressed by the engineers of Company "B". Company "A" replied that its engineers felt that the design and specifications for the equipment were adequate and safe and that Company "B" should proceed to build the equipment as designed and specified. The officials of Company "B" instructed its engineers to proceed with the work.
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What are the ethical obligations of the engineers of Company "B" under the stated circumstances?
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Find Similar CasesD-tuple Component Breakdown
53
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Company A Engineers Design Engineers
Prepared the original plans and specifications for the machinery and, through Company A, maintained after Company...
Company B Engineers Reviewing Engineers
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Company B Contractor Producer
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Ultimate Users Public
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Company B Officials
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Company A Client
Turned its plans and specifications over to Company B for production, received Company B's relayed concern, replied...
Company A Employer
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Company B Employer
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Persons In Proximity Public
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9 entities
Principles
P
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384D
Public Welfare in Machinery Design Review
The Company B reviewing engineers, having concluded the plans included miscalculations and technical deficiencies...
Public Welfare Paramount in Production Refusal
The Company B engineers pointed out the consequences of proceeding under the original plans and, under the Board's...
Employer Loyalty Subordinate to Code
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Obligations
O
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Company B Officials Disclosure Duty
The Company B officials must advise Company A of the concern their engineers expressed about the miscalculations,...
Company B Engineers Consequence Reporting Duty
When their engineering judgment is overruled by non-technical authority, the Company B engineers shall clearly point...
Company B Engineers Withdrawal Duty
So long as they hold to their opinion that the machinery as originally designed and specified would be unsafe to the...
Company B Engineers Safety Duty
The Company B engineers must hold paramount the safety of persons in proximity to the equipment once they conclude...
Company B Engineers Employer Advisory Duty
The Company B engineers shall advise their employer when they believe a project will not be successful, here by...
Company B Engineers Reporting Duty
The Company B engineers must report the miscalculations, technical deficiencies, and possible danger to life they...
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States
S
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384D
Equipment Endangerment Risk
Conflicting Engineering Conclusions
Impartial Expert Referral Availability
Company B Deficiency Finding
Proceed Instruction Despite Concern
Company B Employment Jeopardy
Employer Instruction Duty Conflict
Safety Concern Communicated to Company A
Company B Seal Request Absence
9 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: engineer duties regarding public safety, notification of employer, and withdrawal from...
Company A Plans and Specifications
plans and specifications for machinery to be used in a manufacturing process (topic: design of machinery for a...
BER Case 61-10
Case 61-10 (topic: engineer obligations when assigned to redesign a lower quality commercial product)
3 entities
Actions
A
w=0.1
384D
Concern Relay
Design Reaffirmation
Internal Safety Notification
Plan Preparation
Design Review
Instruction to Proceed
Refusal and Withdrawal
Expert Referral
8 entities
Events
E
w=0.08
384D
Plan Transfer Completion
Deficiency Discovery
Professional Disagreement Emergence
Potential Employment Loss
4 entities
Capabilities
Ca
w=0.07
384D
Company B Engineers Adequacy Assessment
The Company B engineers exercised this competence by reviewing Company A's plans and specifications and concluding...
Company B Engineers Objectivity Maintenance
The Company B engineers continue to regard the plans and specifications as unsafe and hold to that independent...
Company B Engineers Risk Assessment
The Company B engineers exercised this competence by judging that the equipment, if built according to the original...
Company B Engineers Concern Disclosure
The Company B engineers exercised this competence by calling the miscalculations, technical deficiencies, and...
Company B Officials Concern Disclosure
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Company A Engineers Machinery Design
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Company B Engineers Work Refusal Judgment
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7 entities
Constraints
Cs
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384D
Company B Engineers Acquiescence Limit
The engineers of Company B must not acquiesce to their employer's instruction to proceed with the work while the...
Company B Engineers Employment Consideration Subordination
The engineers of Company B must not allow the difficult employment situation, or even the prospect of loss of...
Company B Engineers Endangerment Boundary
The engineers of Company B must not build the equipment according to the original plans and specifications, having...
Company B Engineers Unsafe Production Participation
The engineers of Company B must not participate in any way in engineering operations which endanger the public...
4 entities
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