Duty To Report Safety Violations
Case 84
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Created
2026-02-13 16:13
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2026-02-13 16:13
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It was unethical for Engineer A not to report the safety violations to the appropriate public authorities.
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The facts presented in this case raise a conflict between two basic ethical obligations of an engineer: The obligation of the engineer to be faithful to the client and not to disclose confidential information concerning the business affairs of a client without that client's consent, and the obligation of the engineer to hold paramount the public health and safety.
Section III.4 can be clearly understood to mean that an engineer has an ethical obligation not to disclose confidential information concerning the business affairs of any present client without the consent of that client. That provision makes no specific exception to the language. For example, the drafters of the Code could have provided exceptional circumstances where such confidential information could be disclosed by the engineer; however no such provisions have been included.
There are various rationale for the non-disclosure language contained in the Code. Engineers, in the performance of their professional services, act as "agents" or "trustees" to their clients. They are privy to a great deal of information and background concerning the business affairs of their client. The disclosure of confidential information could be quite detrimental to the interests of their client and therefore engineers as "agents" or "trustees" of such information are expected to maintain the confidential nature of the information revealed to them in the course of rendering their professional services.
On numerous occasions, this Board has interpreted the language contained in Sections II.4. and III.4. particularly in the context of the obligations of employed engineers to maintain the confidences of their employer particularly with regard to certain confidential information which might be made available to the engineer during the course of employment as in Case 61-8. However, more recently, the Board has interpreted this language in the context of the relationships owed by the engineer in private practice to the client....
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Engineer A is retained to investigate the structural integrity of a 60-year old occupied apartment building which his client is planning to sell. Under the terms of the agreement with the client, the structural report written by Engineer A is to remain confidential. In addition, the client makes clear to Engineer A that the building is being sold "as is" and he is not planning to take any remedial action to repair or renovate any system within the building prior to its sale.Engineer A performs several structural tests on the building and determines that the building is structurally sound. However, during the course of providing services, the client confides in Engineer A and informs him that the building contains deficiencies in the electrical and mechanical systems which violate applicable codes and standards. While Engineer A is not an electrical nor mechanical engineer, he does realize those deficiencies could cause injury to the occupants of the building and so informs the client.In his report, Engineer A makes a brief mention of his conversation with the client concerning the deficiencies; however, in view of the terms of the agreement, Engineer A does not report the safety violations to any third party.
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Created
2026-02-13 16:13
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2026-02-13 16:13
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Was it ethical for Engineer A not to report the safety violations to the appropriate public authorities?
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55
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Board of Ethical Review
Adjudicates the present case, weighing the confidentiality obligation of Section III.4 against the paramount public...
Appropriate Authority
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Engineer A Structural Inspection Engineer
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Client Apartment Building Seller
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Building Occupants
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Principles
P
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Public Welfare of Building Occupants
Engineer A, realizing the electrical and mechanical deficiencies could cause injury to the occupants, informs the...
Confidentiality in Building Report
Engineer A keeps the structural report confidential under the terms of the agreement and, citing those terms, does...
Confidentiality in As-Is Sale Investigation
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Public Welfare Paramount over Confidentiality
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Loyalty as Faithful Agent to Client
Engineer A's duty of faithfulness to the apartment building seller as an agent or trustee privy to the client's...
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Obligations
O
w=0.15
384D
Engineer A Confidentiality Duty
Engineer A must keep the structural report and the information the client confided to him confidential in accordance...
Engineer A Safety Violation Reporting Duty
Engineer A must report the code-violating safety deficiencies that endanger the building occupants to the...
Engineer A Faithful Agent Duty
Engineer A shall be faithful to the client, acting as an agent or trustee of the client's business affairs and...
Engineer A Safety Precedence Duty
Engineer A shall hold paramount the safety, health, and welfare of the public, giving matters of public health and...
Engineer A Occupant Safety Duty
Engineer A must hold paramount the safety, health, and welfare of the building occupants once he realizes the...
Engineer A Authority Notification Duty
Engineer A must notify the appropriate authority when his professional judgment is overruled under circumstances...
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States
S
w=0.1
384D
Client No-Remediation Stance
Safety Violations Withheld From Third Parties
Engineer A Judgment Overruled
Confidential Structural Report Term
Confided Deficiency Information Held
Code-Violating Building Deficiencies
Occupant Injury Risk
Structural-Only Engagement Scope
Engineer A Injury Risk Awareness
Confidentiality Versus Safety Conflict
Code Exception Disclosure Release
Section II.1.c Scope Ambiguity
12 entities
Resources
Rs
w=0.1
384D
Engineer A Structural Report
structural report written by Engineer A (topic: structural integrity of a 60-year old occupied apartment building)
BER Case 87-2
BER Case 87-2 (topic: interpretation of Section II.1.c of the NSPE Code of Ethics)
NSPE Code of Ethics
NSPE Code of Ethics (topic: client confidentiality and the paramount duty to public health and safety)
BER Case 61-8
BER Case 61-8 (topic: obligations of employed engineers to maintain the confidences of their employer)
BER Case 82-2
BER Case 82-2 (topic: client right of confidentiality and the scope of Section III.4)
BER Case 84-5
BER Case 84-5 (topic: an engineer who went along with a client decision despite believing it potentially dangerous)
BER Case 85-4
BER Case 85-4 (topic: interpretation of Section II.1.c of the NSPE Code of Ethics)
7 entities
Actions
A
w=0.1
384D
Client Safety Warning
Confidential Engagement Acceptance
Structural Investigation
Limited Report Disclosure
Nondisclosure to Authorities
Continued Client Service
6 entities
Events
E
w=0.08
384D
Structural Soundness Finding
Confidential Information Transmission
Safety Risk Recognition
3 entities
Capabilities
Ca
w=0.07
384D
Engineer A Structural Analysis
Engineer A was retained to investigate the structural integrity of the 60-year old occupied apartment building,...
Engineer A Injury Risk Recognition
Although not an electrical or mechanical engineer, Engineer A realizes that the confided electrical and mechanical...
Engineer A Deficiency Disclosure
Engineer A informs the client of the injury risk from the deficiencies and makes a brief mention of the conversation...
Engineer A Confidentiality Judgment
Engineer A weighs the terms of the confidentiality agreement in deciding whether to report the safety violations to...
Engineer A Discipline Boundary Recognition
Engineer A recognizes that the electrical and mechanical deficiencies lie outside his structural engineering...
Board Precedent Reasoning
The Board of Ethical Review retrieves and distinguishes prior BER cases, noting for example that in Case 82-2 there...
Board Normative Framework Assessment
The Board identifies Sections III.4, II.1.c, II.1.a, and I.1 as the governing Code provisions, reads them in...
7 entities
Constraints
Cs
w=0.08
384D
Client Building Code Compliance
The client's building must not contain deficiencies in the electrical and mechanical systems that violate applicable...
Engineer A Client Confidentiality Boundary
Engineer A must not disclose confidential information concerning the business affairs of the client, including the...
Engineer A Report Confidentiality
Engineer A must not disclose the structural report, or the information about the electrical and mechanical...
Engineer A Going Along Limit
Engineer A must not go along without dissent and proceed with the work on behalf of the client while the client...
4 entities
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