Duty to Report – Material Information

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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.

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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...

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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.

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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?

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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...
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