Case Repository

1. It was not only ethical for Engineer B to complain to Engineer A, it was ethically required that Engineer B report his belief that statutory obligations were not being followed.
2. It was ethical for Engineer A to investigate City D’s contracting practices, both as a part of A’s own familiarization process and to follow up on Engineer B’s complaints.
3. Since the City D Engineer indicated they have no plans to change the contract arrangement with Firm Z, Engineer A is obligated to take appropriate action.

1. Engineer M should challenge the validity of Firm DBA’s report as Firm DBA did not abide by the Code in a number of instances.
2. Engineer M should first confer with Firm DBA to correct all discrepancies in the report. If no agreement can be made going forward, Engineer M should confer with the City to outline the ethical obligations. Engineer M should also consider any obligations they may have to report to the state licensure board.
3. The actions of Firm DBA are not ethical under the Code as the services provided were under the supervision and ownership of licensed professional engineers.

1. It is unlawful and therefore not ethical for “Transportation Engineer” B to engage in the practice of engineering without having fulfilled the requirements for licensure: adequate education, rigorous examination, and substantial experience.
2. Since “Transportation Engineer” B is practicing engineering (as defined by the state in question), Engineer A has an obligation to report “Transportation Engineer” B for unlicensed practice.

1. It was ethical for Engineer Jaylani to accept the irrigation system design task.
2. As a matter of personal conviction, it was ethically permissible, but extreme, for Engineer Intern Wasser to refuse the task of design development for the proposed irrigation system. Performing the design task would not have been manifestly unethical, and refusal likely cost Wasser his job.
3. Under the facts, traditional lawn irrigation system design is an ethical expression of engineering work. In awareness of sustainability principles, Engineer Jaylani’s firm is in a position to better serve its clients and the public by introducing and offering “green” irrigation alternatives.

In answering the City Administrator’s specific questions and by criticizing the work of Engineer B, Engineer C’s action were unethical.

1. The proposal practices of Engineer B and XYZ Engineers were not unethical from the perspective of the NSPE Code of Ethics.
2. Engineer A does not have an obligation to report Engineer B’s proposal/marketing practices to the engineering licensing board in State Q.
3. Engineer B’s proposal/marketing practices would constitute professional misconduct per licensure law in State Z, and Engineer A has a clear obligation to report to the engineering licensing board in State Z.

1. It was unethical for Engineer A to not report Engineer B, in spite of the fact that Engineer A and Engineer B were friends.
2. It was unethical for Engineer B to continue work in an impaired state in which he could not competently perform engineering design, could not guide and direct his subordinates, or properly review their designs or drawings.
3. Engineer Intern C’s complicity in helping Engineer B to continue work was unethical.
4. Engineer A was obligated to report Engineer B to the proper authority, in this case the State Board. As Engineer B’s friend and with Engineer B’s approval, once the matter was reported to the Board, it would have been permissible for Engineer A to help cooperatively identify a temporary practice management alternative that supported the professional and ethical practice of engineering work in Engineer B’s business, until Engineer B returned to full duty.
5. Given his direct knowledge of the situation, Engineer R, like Engineer A, was obligated to report Engineer B to the proper authority, in this case the State Board. If Engineer A did the reporting as noted above, Engineer A’s report could be styled to indicate Engineer R’s concurrence.

Engineer A has an obligation to seek an understanding of his company’s actions and, if there is an effort to misrepresent the conclusion contained in Engineer A’s report, to seek an immediate correction by contacting appropriate authorities, including the state engineering licensure board and other enforcement officials as appropriate.

1. It is ethical for Engineer A to contact Smithtown and advise the town that Engineer B’s performance on the contract did not meet the standards as outlined in Engineer B’s contract with the town.
2. It would not be ethical for Engineer A to offer and agree to perform the work for Smithtown.

Engineer A should communicate with Engineer X to obtain clarification regarding the matter in question. If Engineer A is not sufficiently satisfied with Engineer X’s explanation, Engineer A may be required to report this matter to the state engineering licensure board.

It was ethical for Engineer A to submit an anonymous letter to the state engineering licensure board as long as the state engineering licensure board has a procedure for accepting anonymous complaints.

1. It was ethical for Engineer A to offer a position to Engineer C.
2. It was not ethical for Engineer A to make representations that because Engineer C is going to be leaving Firm X to work for Firm Y, that Firm X will be “hard pressed” to perform successfully on its projects and that Firm X’s clients should hire Firm Y to perform engineering services. As an observation, the Board believes it was unethical for Engineer A to make misleading statements about Engineer C’s future plans.

Engineer A should take immediate steps to go to Engineer A’s supervisor to press for strict enforcement of the five-ton limit, and if this is ineffective, contact state and/or federal transportation/highway officials, the state engineering licensure board the director of public works, county commissioners, state officials, and such other authorities as appropriate. Engineer A should also work with the consulting engineering firm to determine if the two crutch pile with five-ton limit design solution would be effective and report this information to his supervisor. In addition, Engineer A should determine whether a basis exists for reporting the activities of the retired bridge inspector to the state board as the unlicensed practice of engineering.

If Engineer A determines that Engineer B’s work is or may be in violation of state and local safety requirements and endangers public health, safety and welfare, the appropriate action is for Engineer A to immediately discuss these issues with Engineer B in an effort to seek clarification and early resolution of this issue. If Engineer A and Engineer B are unable to resolve the issue, Engineer A must inform Engineer B that as a professional engineer, his only alternative is to notify and inform the proper authorities as indicated above.

It was unethical for Engineer A not to report the safety violations to the appropriate public authorities.

1. It was unethical for Engineer A to notify clients of Engineer B that Engineer A was planning to start a firm and would appreciate being considered for work while still in the employ of Engineer B.
2. It was not unethical for Engineer B to distribute a previously printed brochure listing Engineer A as a key employee provided Engineer B apprised the prospective client during the negotiation of Engineer A's pending termination.
3. It was unethical for Engineer B to distribute a brochure listing Engineer A as a key employee after Engineer A's actual termination.