Obligation-Conflict Resolution

Case 22-5 (2022) · Professional Responsibility if Appropriate Authority Fails to Act

Case Precedents
How this case resolved it

No obligation was overridden in this case: the board resolved the apparent tension without defeat, as recorded below.

Resolved without defeat

The board resolved the apparent tension here by setting a duty's boundary (specification) or by finding no genuine conflict on the facts (dissolution), rather than by allowing one obligation to prevail over another.

specification
Analytical conclusion 1: The Board resolves the tension between 'public welfare pa...
Given that Engineer B's judgment was overruled and Engineer B then notified the Water Commissioners and the State regulator, the Board concluded that this act of notification discharged the paramountcy obligation in full, removing any need to further weigh it against the faithful agent duty to ABC Engineers despite ABC's dependency on City M.
What the board concluded
From the Board's conclusions in Case 22-5:
  • Clear reporting of unresolved public health and safety risks to “appropriate authorities” satisfies Engineer B’s obligation to protect public health, safety and welfare.
  • Any additional steps taken beyond the notification of appropriate authorities are not an obligation of Engineer B but rather a personal choice as a citizen, and should be taken with due consideration of the multiple stakeholders in this matter and the engineer’s many ethical obligations.
Case texts: National Society of Professional Engineers, Board of Ethical Review.

NOTE: The NSPE Board of Ethical Review considers ethical cases involving either real or hypothetical matters submitted to it from NSPE members, other engineers, public officials, and members of the public. The BER reviews each case in the context of the NSPE Code of Ethics and earlier BER opinions. The facts contained in each case do not necessarily represent all of the pertinent facts submitted to or reviewed by the BER and shall not be considered a direct evaluation of any real matter that may have been submitted.

Each opinion is intended as guidance to individual practicing engineers, students, and the public. In regard to the question of application of the NSPE Code of Ethics to engineering organizations (e.g., corporations, partnerships, sole proprietorships, government agencies, and university engineering departments), the specific business form or type should not negate nor detract from the conformance of individuals to the Code. The NSPE Code deals with professional services, which must be performed by real persons. Real persons in turn establish and implement policies within business structures.

This opinion is for educational purposes only and is not legal advice. It may be reprinted without further permission, provided that this statement is included before or after the text of the case and appropriate attribution is provided to the National Society of Professional Engineers' Board of Ethical Review.

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