Duty to Report – Material Information
Case 57
Source
Document Structure
5
Sections0/5
With Embeddings0%
Coverage--
Dimensions
Embeddings use 384D local model for precedent matching
Document Sections
Content Length
446 chars
HTML Length
221 chars
Plain Text Length
446 chars
Content Preview
It was not ethical for Engineer Intern A to fail to report to Engineer B that the defect had been missed for at least five years. That is material information that could have been critical to Engineer B’s decision-making.
1. It was not ethical for Engineer Intern A to fail to report to Engineer B that the defect had been missed for at least five years. That is material information that could have been critical to Engineer B’s decision-making.
Content Length
6035 chars
HTML Length
6670 chars
Plain Text Length
6035 chars
Content Preview
The role of the professional engineer in protecting the public health, safety, and welfare is fundamental to the practice of engineering and is the overriding value in the NSPE Code of Ethics. The NSPE Board of Ethical Review has considered ethical dilemmas involving the public health and safety on many occasions. While there can be no one standard that applies to all of these types of cases, there are basic values and principles in the NSPE Code of Ethics that provide important guidance to professional engineers who are faced with such situations.
An illustration of how the Board has addressed this issue can be found in BER Case 19-10 . In this case, Engineer A was hired by Client B to conduct a building investigation to determine the origin and cause of a fire resulting in financial loss. Engineer A observed the building to be structurally unstable. Engineer A performed a preliminary investigation of the building and after speaking with Client B, concluded that there were recent structural changes made to the building that may have caused the roof to sag and the walls to lean outward due to insufficient lateral restraint. Engineer A also learned that following construction modifications, the building was issued a certificate of occupancy by a county building official. Although not imminent, Engineer A believed collapse of the building was a danger. Engineer A immediately advised Client B and called the county building official. The county building official did not return Engineer A’s phone call. Engineer A also recommended to the owners that they should brace the building to prevent its collapse.
In that case, the Board decided that although Engineer A did not believe the building was in danger of imminent collapse, Engineer A had an obligation to continue to pursue a resolution of the matter by working with Client B and by contacting the supervisor of the county official, the fire marshal, or any other agency having jurisdiction to determine whether an investigat...
Content Length
710 chars
HTML Length
710 chars
Plain Text Length
710 chars
Content Preview
Engineer Intern A is an unlicensed engineer in the DOT’s bridge inspection program under the supervision of Engineer B, a PE and state DOT director. While reviewing the inspection report for a bridge, Engineer Intern A observed that an inspector under the supervision of Engineer Intern A had failed to report a visibly obvious defect in a concrete bridge member. Concerned, Engineer Intern A reviewed the inspector’s reports and photographs going back five years and discovered that the same inspector had failed to report the same defect for at least five years. Engineer Intern A reported the defect to Engineer B but did not report the fact that the defect had been visibly obvious for at least five years.
Content Length
280 chars
HTML Length
138 chars
Plain Text Length
280 chars
Content Preview
Was it ethical for Engineer Intern A to fail to report to Engineer B that the defect had been missed for at least five annual inspections?
1. Was it ethical for Engineer Intern A to fail to report to Engineer B that the defect had been missed for at least five annual inspections?
Content Length
5151 chars
HTML Length
3494 chars
Plain Text Length
5151 chars
Content Preview
I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public I.5. Avoid deceptive acts. Subject Reference Advertising I.6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession. II.3.a. Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. Subject Reference Misrepresentation/Omission of Facts Professional Reports, Statements, Testimony III.3.a. Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact. Subject Reference Advertising Self-Promotion
I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public
I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public
I.1.
I.1.
Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public
Hold paramount the safety, health, and welfare of the public.
Hold paramount the safety, health, and welfare of the public.
Subject Reference Duty to the Public
Subject Reference
Duty to the Public
Duty to the Public
I.5. Avoid deceptive acts. Subject Reference Advertising
I.5. Avoid deceptive acts. Subject Reference Advertising
I.5.
I.5.
Avoid deceptive acts. Subject Reference Advertising
Avoid deceptive acts.
Avoid deceptive acts.
Subject Reference Advertising
Subject Reference
Advertising
Advertising
I.6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.
I.6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.
I.6.
I.6.
Conduct themselves honorably, r...
Similar Cases
Find cases with similar D-tuple components, provisions, and tags.
Find Similar CasesD-tuple Component Breakdown
44
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer B Supervising Engineer
Licensed PE and state DOT director who supervises Engineer Intern A in the bridge inspection program and received...
Inspector Bridge Inspector
Performed bridge inspections under the supervision of Engineer Intern A and failed to report a visibly obvious...
NSPE Board of Ethical Review
Adjudicates the present case, concluding that Engineer Intern A had a responsibility to report all material facts...
Engineer Intern A Engineer Intern
While reviewing a bridge inspection report, discovered that an inspector under his supervision had failed to report...
State DOT Employer
State transportation agency that operates the bridge inspection program employing Engineer Intern A, Engineer B, and...
5 entities
Principles
P
w=0.2
384D
Public Welfare in Bridge Inspection
The Board frames the entire analysis by stating that protecting the public health, safety, and welfare is the...
Complete Reporting of Defect History
The Board finds that Engineer Intern A failed to report the material information that the visibly obvious defect had...
Complete Reporting of Bridge Defect
Engineer Intern A reported the defect in the concrete bridge member to Engineer B but omitted the material fact that...
3 entities
Obligations
O
w=0.15
384D
Engineer Intern A Material Facts Reporting Duty
Engineer Intern A must report to Engineer B all material facts related to the visibly obvious defect in the concrete...
Inspector Defect Reporting Duty
The inspector must report in the bridge inspection reports the visibly obvious defect in the concrete bridge member...
2 entities
States
S
w=0.1
384D
Inspector Five-Year Defect Omission
Intern Knowledge Of Repeated Omission
Intern Materiality Judgment Gap
Unreported Bridge Member Defect Risk
Intern Partial Report To Supervisor
Intern A Pre-Licensure Practice
6 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics
Bridge Inspection Report
BER Case 17-3
BER Case 98-5
BER Case 19-10
BER Case 07-10
6 entities
Actions
A
w=0.1
384D
Retrospective Records Review
Inspection Reporting Omission
Defect Reporting
Material Information Withholding
4 entities
Events
E
w=0.08
384D
Defect Discovery
Reporting Pattern Discovery
Building Fire
Structural Instability Observation
Occupancy Certificate Issuance
Official Non-Response
Extension Approval Issuance
Authority Inaction
Beam Fire Damage
Under-Design Determination
Budget-Driven Staff Reduction
New Code Implementation
12 entities
Capabilities
Ca
w=0.07
384D
Engineer Intern A Disclosure
Engineer Intern A exercised the competence to communicate the defect to Engineer B, the capacity his duty to report...
NSPE Board Precedent Reasoning
The NSPE Board of Ethical Review reasons analogically from prior BER cases 19-10, 07-10, 17-3, and 98-5 involving...
Engineer Intern A Situation Recognition
While reviewing a bridge inspection report, Engineer Intern A perceived that the inspector had failed to report a...
Engineer Intern A Fact Gathering Diligence
Engineer Intern A investigated the inspector's reports and photographs going back five years, establishing that the...
4 entities
Constraints
Cs
w=0.08
384D
Intern A Materiality Judgment Boundary
Engineer Intern A must not make the determination of whether revealing that the defect had gone unreported for five...
Intern A Material Fact Omission
Engineer Intern A must not omit from the report to Engineer B the material fact that the visibly obvious defect in...
2 entities
Embeddings: all-MiniLM-L6-v2 (384D, local) | Storage: pgvector (PostgreSQL) | Used for section and component similarity matching