Step 2: Normative Requirements Pass (Discussion Section)

Extract principles, obligations, constraints, and capabilities from the discussion section

Professional Responsibility if Appropriate Authority Fails to Act
Step 2 of 5

Discussion Section

Section Content:
Discussion:
This case focuses on the engineer’s duty to hold paramount the public health, safety and welfare while also balancing how far an engineer should go in pursuing an issue involving protection of the public beyond reporting to appropriate authorities.
BER Case 76-4 addressed the duty to report likely environmental damage to appropriate regulatory authorities.
Engineer Doe was retained by an industry to evaluate whether a proposed change in their manufacturing process would result in meeting minimum water quality standards.
Doe concluded that the change would not meet minimum standards and apprised the client of that decision.
The client severed Doe’s contract and asked DOE not to write a report.
Subsequently, another engineer unaware of factors that Doe had recognized, presented the view at a public hearing that the industry would meet minimum standards.
The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority.
In BER Case 89-7 , a structural engineer inspected a building that was about to be sold, and was apprised confidentially by the owner that, although the building was structurally sound, there were mechanical and electrical code violations that had not been addressed and that were required to be rectified prior to sale of the building and use by the public.
The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware that the code violations could constitute a safety violation.
The structural engineer made only brief mention of the potential mechanical and electrical violations in the project report, and did not report the potential violations to any third party.
The BER concluded that the engineer had a duty to report the potential code violations to the appropriate authority.
BER Case 20-4 is directly related to the current case.
In Case 20-4 , Engineer B, the same Engineer B identified in this current case, was a consulting engineer to the MWC.
Engineer B had provided reports and testimony at public meetings to the effect that changes in water treatment were necessary prior to changing the water source in order to protect public health and safety.
Despite those recommendations, the MWC decided to make the change in water source, but delay the construction of water treatment improvements.
The BER concluded that Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority, regardless of whether the MWC consented to or opposed such a report.
The facts of the present case show Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing) and to the water supply division of the State Department of the Environment (in writing).
Each of the above cases refer to what is clearly established in the NSPE Code of Ethics: there is an obligation to report public health and safety risks to “appropriate authorities”.
The current case goes beyond that, posing the question as to what an engineer’s ethical obligations are if the “appropriate authority” fails to act to adequately protect public health and safety in the opinion of the engineer.
Turning to the facts of the current case, Engineer B has indeed reported the health and safety risk to the client, and to the “appropriate authority”.
Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear so that there was no misunderstanding of the technical documentation.
And Engineer B should consider whether the health and safety risk might reasonably be interpreted otherwise by another engineer.
Is this a disagreement of professional opinions, or is it a misunderstanding of the facts or the technical considerations?
If Engineer B has clearly communicated the public health and safety risks both to the client and the regulatory agency, the BER concludes that Engineer B has fulfilled the Code’s ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC.
Whether Engineer B wishes to consider additional alternative courses of action on a personal basis raises other ethical considerations.
In the project described in this case, such other actions might include additional communication with the MWC, with other levels of management of the Department of the Environment, communication with other political bodies beyond the MWC, or communication with the public.
All of these potential actions beyond Engineer B’s professional obligations would be as a concerned citizen.
In considering such actions, Engineer B would need to consider the interests of his employer, ABC Engineers.
Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent of the employer, while recognizing that the obligation to protect public health and safety is paramount in comparison to other ethical obligations.
ABC Engineers likely has a need to evaluate both the business impacts and legal liabilities of such additional steps.
If Engineer B is no longer employed by ABC Engineers, those considerations may be moot and not a constraint.
Nothing herein should be construed as a constraint to any engineer functioning as a “Whistleblower” in an event where public health and safety is at risk.
The BER concludes that clear notification of public health and safety risk to appropriate authorities satisfies an engineer’s ethical obligation, and that subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected by the matter and the engineer’s continuing ethical obligations where pertinent.
Principles Extraction
LLM Prompt
DUAL PRINCIPLE EXTRACTION - Ethical Principles Analysis THEORETICAL CONTEXT (Chapter 2.2.2): - Principles are ABSTRACT ethical foundations requiring extensional definition through cases - They function like constitutional principles - open-textured and requiring interpretation - Principles mediate moral ideals into concrete reality through context-specific application - They cannot be applied deductively but require balancing and interpretation EXISTING PRINCIPLE CLASSES IN ONTOLOGY: - Competence Principle: Balances professional autonomy with recognition of limitations and need for collaboration. - Confidentiality Principle: Must be balanced against public safety obligations and legal disclosure requirements. - Domain-Specific Principle: Examples: Environmental Stewardship (engineering), Patient Autonomy (medicine), Academic Freedom (education). These address domain-specific ethical ch - Environmental Stewardship Principle: Bridges engineering practice with broader environmental and societal responsibilities. - Ethical Principle: Legacy synonym for Principle. Use :Principle for new concepts. - Fundamental Ethical Principle: Examples: Public Welfare Paramount, Respect for Persons, Justice, Beneficence. These require extensive interpretation and balancing in specific contex - Integrity Principle: Central to professional identity formation and trust maintenance in professional relationships. - Principle: An information content entity representing ethical values and guidelines for conduct. This is the P component of the formal specification D=(R,P,O,S,R - Principle Argument: An argument based on fundamental ethical principles or values. - Principle Refinement: Capability to evolve principles as inconsistencies are resolved and new cases are added (GenEth system, Anderson & Anderson 2018) - Professional Virtue Principle: Examples: Integrity, Competence, Honesty, Professional Courage, Accountability. These shape professional character and decision-making. - Public Welfare Principle: Requires contextual interpretation to balance against client confidentiality and employer loyalty when public safety is at risk. - Relational Principle: Examples: Confidentiality, Loyalty, Fairness, Transparency, Respect for Autonomy. These govern interpersonal professional dynamics. - Transparency Principle: Essential for maintaining trust and enabling stakeholder participation in professional decisions. === TASK === From the following case text (discussion section), extract information at TWO levels: LEVEL 1 - NEW PRINCIPLE CLASSES: Identify ethical principles that appear to be NEW types not covered by existing classes above. Look for: - Fundamental ethical values being invoked - Abstract moral ideals guiding decisions - Constitutional-like principles requiring interpretation - Values that transcend specific rules or obligations For each NEW principle class, provide: - label: Clear principle name (e.g., "Environmental Stewardship", "Professional Autonomy") - definition: What moral ideal this principle represents - abstract_nature: The abstract ethical foundation (justice, welfare, autonomy, etc.) - extensional_examples: Concrete cases/situations where this principle applies - value_basis: Core moral value underlying the principle - application_context: Professional domains or situations where relevant - operationalization: How this abstract principle becomes concrete in practice - balancing_requirements: What other principles it typically must be balanced against - examples_from_case: How this principle appears in the case text LEVEL 2 - PRINCIPLE INDIVIDUALS: Identify specific instances where principles are invoked or applied. For each instance: - identifier: Unique identifier for this principle instance (e.g., "PublicSafety_Case8_Discussion") - principle_class: Which principle class it instantiates (use existing classes when possible) - concrete_expression: EXACT text showing how the principle is expressed - invoked_by: Who invokes or appeals to this principle - applied_to: What decision/situation/dilemma it applies to - interpretation: How the principle is interpreted in this specific context - balancing_with: Other principles that must be balanced against it - tension_resolution: How conflicts between principles are resolved - case_relevance: Why this principle matters in this specific case IMPORTANT: - Focus on ABSTRACT ethical foundations, not specific rules or procedures - Principles are broader than obligations - they generate obligations in context - Use EXACT quotes from case text where principles are expressed - Distinguish between the abstract principle CLASS and its concrete APPLICATION CASE TEXT: This case focuses on the engineer’s duty to hold paramount the public health, safety and welfare while also balancing how far an engineer should go in pursuing an issue involving protection of the public beyond reporting to appropriate authorities. BER Case 76-4 addressed the duty to report likely environmental damage to appropriate regulatory authorities. Engineer Doe was retained by an industry to evaluate whether a proposed change in their manufacturing process would result in meeting minimum water quality standards. Doe concluded that the change would not meet minimum standards and apprised the client of that decision. The client severed Doe’s contract and asked DOE not to write a report. Subsequently, another engineer unaware of factors that Doe had recognized, presented the view at a public hearing that the industry would meet minimum standards. The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority. In BER Case 89-7 , a structural engineer inspected a building that was about to be sold, and was apprised confidentially by the owner that, although the building was structurally sound, there were mechanical and electrical code violations that had not been addressed and that were required to be rectified prior to sale of the building and use by the public. The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware that the code violations could constitute a safety violation. The structural engineer made only brief mention of the potential mechanical and electrical violations in the project report, and did not report the potential violations to any third party. The BER concluded that the engineer had a duty to report the potential code violations to the appropriate authority. BER Case 20-4 is directly related to the current case. In Case 20-4 , Engineer B, the same Engineer B identified in this current case, was a consulting engineer to the MWC. Engineer B had provided reports and testimony at public meetings to the effect that changes in water treatment were necessary prior to changing the water source in order to protect public health and safety. Despite those recommendations, the MWC decided to make the change in water source, but delay the construction of water treatment improvements. The BER concluded that Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority, regardless of whether the MWC consented to or opposed such a report. The facts of the present case show Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing) and to the water supply division of the State Department of the Environment (in writing). Each of the above cases refer to what is clearly established in the NSPE Code of Ethics: there is an obligation to report public health and safety risks to “appropriate authorities”. The current case goes beyond that, posing the question as to what an engineer’s ethical obligations are if the “appropriate authority” fails to act to adequately protect public health and safety in the opinion of the engineer. Turning to the facts of the current case, Engineer B has indeed reported the health and safety risk to the client, and to the “appropriate authority”. Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear so that there was no misunderstanding of the technical documentation. And Engineer B should consider whether the health and safety risk might reasonably be interpreted otherwise by another engineer. Is this a disagreement of professional opinions, or is it a misunderstanding of the facts or the technical considerations? If Engineer B has clearly communicated the public health and safety risks both to the client and the regulatory agency, the BER concludes that Engineer B has fulfilled the Code’s ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC. Whether Engineer B wishes to consider additional alternative courses of action on a personal basis raises other ethical considerations. In the project described in this case, such other actions might include additional communication with the MWC, with other levels of management of the Department of the Environment, communication with other political bodies beyond the MWC, or communication with the public. All of these potential actions beyond Engineer B’s professional obligations would be as a concerned citizen. In considering such actions, Engineer B would need to consider the interests of his employer, ABC Engineers. Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent of the employer, while recognizing that the obligation to protect public health and safety is paramount in comparison to other ethical obligations. ABC Engineers likely has a need to evaluate both the business impacts and legal liabilities of such additional steps. If Engineer B is no longer employed by ABC Engineers, those considerations may be moot and not a constraint. Nothing herein should be construed as a constraint to any engineer functioning as a “Whistleblower” in an event where public health and safety is at risk. The BER concludes that clear notification of public health and safety risk to appropriate authorities satisfies an engineer’s ethical obligation, and that subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected by the matter and the engineer’s continuing ethical obligations where pertinent. Respond with valid JSON in this format: { "new_principle_classes": [ { "label": "Sustainable Development", "definition": "Principle that engineering solutions must balance current needs with long-term environmental and societal impacts", "abstract_nature": "Intergenerational justice and environmental stewardship", "extensional_examples": ["Green building design", "Renewable energy projects", "Resource conservation"], "value_basis": "Responsibility to future generations", "application_context": ["Infrastructure projects", "Environmental engineering", "Urban planning"], "operationalization": "Through environmental impact assessments, lifecycle analysis, sustainable design criteria", "balancing_requirements": ["Economic feasibility", "Immediate safety needs", "Client requirements"], "examples_from_case": ["Engineer considered long-term environmental impacts", "balanced immediate needs with sustainability"], "source_text": "Engineer considered long-term environmental impacts and balanced immediate needs with sustainability" } ], "principle_individuals": [ { "identifier": "PublicSafety_Case8_Facts", "principle_class": "Public Safety", "concrete_expression": "the safety of the public must be held paramount", "invoked_by": ["Engineer L"], "applied_to": ["stormwater management system design"], "interpretation": "Safety considerations override cost savings in drainage design", "source_text": "the safety of the public must be held paramount", "balancing_with": ["Cost Efficiency", "Client Interests"], "tension_resolution": "Safety takes precedence even if it increases project costs", "case_relevance": "Critical for evaluating adequacy of proposed drainage solution" } ] }
Saved: 2025-12-29 17:17
LLM Response
```json
{
    "new_principle_classes": [
        {
            "label": "Regulatory Compliance Sufficiency",
            "definition": "Principle that reporting to designated regulatory authorities constitutes sufficient fulfillment of professional ethical obligations regarding public safety",
            "abstract_nature": "Procedural justice and institutional deference",
            "extensional_examples": ["Reporting code violations to building inspectors", "Notifying EPA of environmental hazards", "Informing health departments of contamination"],
            "value_basis": "Respect for institutional authority and regulatory frameworks",
            "application_context": ["Environmental engineering", "Public infrastructure", "Building safety", "Water quality management"],
            "operationalization": "Through clear written and verbal reports to designated authorities with technical documentation",
            "balancing_requirements": ["Personal moral conviction", "Public advocacy", "Whistleblowing impulses"],
            "examples_from_case": ["Engineer B has fulfilled the Code's ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC"],
            "source_text": "If Engineer B has clearly communicated the public health and safety risks both to the client and the regulatory agency, the BER concludes that Engineer B has fulfilled the Code's ethical and professional obligations"
        },
        {
            "label": "Professional Versus Personal Action",
            "definition": "Principle distinguishing between actions required by professional ethics and those undertaken as personal moral choices",
            "abstract_nature": "Role morality and the separation of professional and personal ethical domains",
            "extensional_examples": ["Going to media after regulatory reporting", "Political advocacy beyond professional duties", "Public activism on safety issues"],
            "value_basis": "Recognition of bounded professional responsibility",
            "application_context": ["Post-reporting scenarios", "Regulatory inaction situations", "Public safety advocacy"],
            "operationalization": "Through distinguishing mandatory professional obligations from optional citizen actions",
            "balancing_requirements": ["Professional obligations", "Personal conscience", "Employer interests", "Public welfare"],
            "examples_from_case": ["subsequent steps are a personal, rather than a professional choice"],
            "source_text": "subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected by the matter"
        }
    ],
    "principle_individuals": [
        {
            "identifier": "PublicWelfare_Paramount_Discussion",
            "principle_class": "Public Welfare Principle",
            "concrete_expression": "the engineer's duty to hold paramount the public health, safety and welfare",
            "invoked_by": ["BER"],
            "applied_to": ["Engineer B's obligations regarding water quality risks"],
            "interpretation": "Public welfare overrides other considerations but is satisfied through proper regulatory reporting",
            "source_text": "This case focuses on the engineer's duty to hold paramount the public health, safety and welfare while also balancing how far an engineer should go",
            "balancing_with": ["Regulatory Compliance Sufficiency", "Client Confidentiality"],
            "tension_resolution": "Public welfare is paramount but fulfilled through appropriate authority notification",
            "case_relevance": "Central principle being interpreted regarding extent of engineer's obligations"
        },
        {
            "identifier": "ReportingObligation_BER764",
            "principle_class": "Transparency Principle",
            "concrete_expression": "Doe had an obligation to report the observations to the applicable regulatory authority",
            "invoked_by": ["BER in Case 76-4"],
            "applied_to": ["Environmental damage from manufacturing process"],
            "interpretation": "Transparency requires disclosure to authorities even after contract termination",
            "source_text": "The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority",
            "balancing_with": ["Client Confidentiality", "Contract Terms"],
            "tension_resolution": "Public safety concerns override client's request for silence",
            "case_relevance": "Establishes precedent for reporting obligations"
        },
        {
            "identifier": "CompetenceLimits_BER897",
            "principle_class": "Competence Principle",
            "concrete_expression": "The structural engineer was not qualified to address mechanical and electrical engineering issues",
            "invoked_by": ["BER in Case 89-7"],
            "applied_to": ["Code violations outside engineer's expertise"],
            "interpretation": "Limited competence does not excuse reporting known safety violations",
            "source_text": "The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware that the code violations could constitute a safety violation",
            "balancing_with": ["Professional Boundaries", "Public Safety"],
            "tension_resolution": "Duty to report transcends specific technical competence",
            "case_relevance": "Shows reporting duty exists even for issues outside direct expertise"
        },
        {
            "identifier": "RegulatoryAuthority_BER204",
            "principle_class": "Public Welfare Principle",
            "concrete_expression": "Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority",
            "invoked_by": ["BER in Case 20-4"],
            "applied_to": ["Water treatment changes affecting public health"],
            "interpretation": "Reporting to regulatory authority is mandatory regardless of client consent",
            "source_text": "The BER concluded that Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority, regardless of whether the MWC consented to or opposed such a report",
            "balancing_with": ["Client Loyalty", "Employer Interests"],
            "tension_resolution": "Public safety obligation supersedes client preferences",
            "case_relevance": "Direct precedent for current case involving same engineer"
        },
        {
            "identifier": "ClearCommunication_Current",
            "principle_class": "Transparency Principle",
            "concrete_expression": "Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear",
            "invoked_by": ["BER"],
            "applied_to": ["Engineer B's reporting of water quality risks"],
            "interpretation": "Transparency requires ensuring technical information is clearly understood",
            "source_text": "Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear so that there was no misunderstanding",
            "balancing_with": ["Technical Accuracy", "Professional Judgment"],
            "tension_resolution": "Clear communication satisfies transparency obligations",
            "case_relevance": "Defines adequacy of Engineer B's reporting efforts"
        },
        {
            "identifier": "FaithfulAgent_Employer",
            "principle_class": "Relational Principle",
            "concrete_expression": "Engineer B has an ethical obligation to act as a faithful agent of the employer",
            "invoked_by": ["BER"],
            "applied_to": ["Additional actions beyond required reporting"],
            "interpretation": "Loyalty to employer constrains personal advocacy actions",
            "source_text": "Engineer B would need to consider the interests of his employer, ABC Engineers. Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent of the employer",
            "balancing_with": ["Public Welfare Principle", "Personal Conscience"],
            "tension_resolution": "Public safety is paramount but employer interests affect personal actions",
            "case_relevance": "Limits Engineer B's options for action beyond professional obligations"
        },
        {
            "identifier": "WhistleblowerException",
            "principle_class": "Public Welfare Principle",
            "concrete_expression": "Nothing herein should be construed as a constraint to any engineer functioning as a 'Whistleblower' in an event where public health and safety is at risk",
            "invoked_by": ["BER"],
            "applied_to": ["Extreme situations of public risk"],
            "interpretation": "Whistleblowing remains protected when public safety is genuinely at risk",
            "source_text": "Nothing herein should be construed as a constraint to any engineer functioning as a 'Whistleblower' in an event where public health and safety is at risk",
            "balancing_with": ["Regulatory Compliance Sufficiency", "Employer Loyalty"],
            "tension_resolution": "Whistleblowing transcends normal professional boundaries in extreme cases",
            "case_relevance": "Preserves ultimate safety valve for public protection"
        }
    ]
}
```
Obligations Extraction
LLM Prompt
You are an expert in professional ethics analyzing a case for obligations (professional duties and requirements). Based on the literature: - Obligations are CONCRETE PROFESSIONAL DUTIES derived from abstract principles (Hallamaa & Kalliokoski 2022) - They specify what professionals MUST, SHOULD, or MUST NOT do (Dennis et al. 2016) - Obligations have deontic force and are enforceable (Wooldridge & Jennings 1995) - They operationalize principles in specific contexts (Kong et al. 2020) Your task is to: 1. Identify NEW OBLIGATION CLASSES not in the existing ontology 2. Extract SPECIFIC OBLIGATION INDIVIDUALS from the case EXISTING OBLIGATIONS IN ONTOLOGY (check if your identified obligations match these before creating new classes): - Attribution Obligation: Duty to properly cite and acknowledge all sources, tools, and methods used in creating professional deliverables - Collegial Obligation: Duties toward professional peers including respect, fairness, and credit for work - Competence Obligation: Requirement to perform services only in areas of competence (NSPE II.2) - Conditional Obligation: Obligations that apply only when specific conditions are met - Confidentiality Obligation: Duty to protect confidential information of clients or employers (NSPE III.4) - Defeasible Obligation: Obligations that admit justified exceptions under specified conditions (Ganascia 2007) - Disclosure Obligation: Requirement to inform stakeholders about conflicts, limitations, or risks (NSPE II.3.a) - Ethical Obligation: Obligations arising from ethical principles beyond legal requirements - Legal Obligation: Obligations arising from legal requirements and regulations - Mandatory Obligation: Obligations that MUST be fulfilled (deontic force: mandatory) - Obligation: An information content entity expressing required actions or behaviors in professional contexts. This is the O component of the formal specification D=(R,P,O,S,Rs,A,E,Ca,Cs). - Prima Facie Obligation: Obligations that hold at first appearance but may be overridden by stronger duties (Anderson & Anderson) - Professional Obligation: A duty or responsibility arising from professional role or standards - Quality Assurance Obligation: Requirement to implement appropriate review and verification processes for all professional deliverables before submission - Reporting Obligation: Duty to report violations or unsafe conditions to appropriate authorities - Responsible Charge Obligation: Duty to maintain active engagement and personal decision-making authority throughout engineering process from conception to completion - Safety Obligation: Duty to hold paramount the safety, health, and welfare of the public (NSPE I.1) - Technology Competence Obligation: Requirement to understand and verify the capabilities, limitations, and risks of technological tools used in professional practice - Technology Verification Obligation: Requirement to thoroughly verify and validate outputs from technological tools including AI before incorporating them into professional work Analyze this discussion section: This case focuses on the engineer’s duty to hold paramount the public health, safety and welfare while also balancing how far an engineer should go in pursuing an issue involving protection of the public beyond reporting to appropriate authorities. BER Case 76-4 addressed the duty to report likely environmental damage to appropriate regulatory authorities. Engineer Doe was retained by an industry to evaluate whether a proposed change in their manufacturing process would result in meeting minimum water quality standards. Doe concluded that the change would not meet minimum standards and apprised the client of that decision. The client severed Doe’s contract and asked DOE not to write a report. Subsequently, another engineer unaware of factors that Doe had recognized, presented the view at a public hearing that the industry would meet minimum standards. The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority. In BER Case 89-7 , a structural engineer inspected a building that was about to be sold, and was apprised confidentially by the owner that, although the building was structurally sound, there were mechanical and electrical code violations that had not been addressed and that were required to be rectified prior to sale of the building and use by the public. The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware that the code violations could constitute a safety violation. The structural engineer made only brief mention of the potential mechanical and electrical violations in the project report, and did not report the potential violations to any third party. The BER concluded that the engineer had a duty to report the potential code violations to the appropriate authority. BER Case 20-4 is directly related to the current case. In Case 20-4 , Engineer B, the same Engineer B identified in this current case, was a consulting engineer to the MWC. Engineer B had provided reports and testimony at public meetings to the effect that changes in water treatment were necessary prior to changing the water source in order to protect public health and safety. Despite those recommendations, the MWC decided to make the change in water source, but delay the construction of water treatment improvements. The BER concluded that Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority, regardless of whether the MWC consented to or opposed such a report. The facts of the present case show Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing) and to the water supply division of the State Department of the Environment (in writing). Each of the above cases refer to what is clearly established in the NSPE Code of Ethics: there is an obligation to report public health and safety risks to “appropriate authorities”. The current case goes beyond that, posing the question as to what an engineer’s ethical obligations are if the “appropriate authority” fails to act to adequately protect public health and safety in the opinion of the engineer. Turning to the facts of the current case, Engineer B has indeed reported the health and safety risk to the client, and to the “appropriate authority”. Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear so that there was no misunderstanding of the technical documentation. And Engineer B should consider whether the health and safety risk might reasonably be interpreted otherwise by another engineer. Is this a disagreement of professional opinions, or is it a misunderstanding of the facts or the technical considerations? If Engineer B has clearly communicated the public health and safety risks both to the client and the regulatory agency, the BER concludes that Engineer B has fulfilled the Code’s ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC. Whether Engineer B wishes to consider additional alternative courses of action on a personal basis raises other ethical considerations. In the project described in this case, such other actions might include additional communication with the MWC, with other levels of management of the Department of the Environment, communication with other political bodies beyond the MWC, or communication with the public. All of these potential actions beyond Engineer B’s professional obligations would be as a concerned citizen. In considering such actions, Engineer B would need to consider the interests of his employer, ABC Engineers. Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent of the employer, while recognizing that the obligation to protect public health and safety is paramount in comparison to other ethical obligations. ABC Engineers likely has a need to evaluate both the business impacts and legal liabilities of such additional steps. If Engineer B is no longer employed by ABC Engineers, those considerations may be moot and not a constraint. Nothing herein should be construed as a constraint to any engineer functioning as a “Whistleblower” in an event where public health and safety is at risk. The BER concludes that clear notification of public health and safety risk to appropriate authorities satisfies an engineer’s ethical obligation, and that subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected by the matter and the engineer’s continuing ethical obligations where pertinent. Extract obligations following this JSON structure: { "new_obligation_classes": [ { "label": "Clear, specific obligation class name", "definition": "What this type of obligation requires professionals to do", "derived_from_principle": "Which principle this operationalizes (e.g., 'Public Safety', 'Honesty')", "duty_type": "professional|legal|ethical|societal", "enforcement_mechanism": "How this obligation is typically enforced", "violation_consequences": "What happens when this obligation is violated", "examples_from_case": ["Example 1 from the case", "Example 2"], "source_text": "EXACT text snippet from case where this obligation is identified (max 200 characters)", "confidence": 0.0-1.0, "reasoning": "Why this is a new class not in existing ontology" } ], "obligation_individuals": [ { "identifier": "Unique name for this specific obligation instance", "obligation_class": "Name of the obligation class (new or existing)", "obligated_party": "Who has this obligation (e.g., 'Engineer L', 'All Licensed PEs')", "obligation_statement": "The specific duty statement (e.g., 'Report safety risks to authorities')", "derived_from": "Source principle or law (e.g., 'NSPE Code', 'State Law')", "enforcement_context": "How enforced in this case", "temporal_scope": "When this obligation applies", "compliance_status": "met|unmet|unclear|pending", "case_context": "How this obligation manifests in the specific case", "source_text": "EXACT text snippet from case where this obligation is mentioned (max 200 characters)", "is_existing_class": true/false, "confidence": 0.0-1.0 } ] } Focus on: 1. NEW obligation types that represent novel professional duties 2. Specific obligation instances showing how duties apply in this case 3. The relationship between obligations and the principles they operationalize 4. Enforcement mechanisms and compliance status Return ONLY the JSON structure, no additional text.
Saved: 2025-12-29 17:18
LLM Response
```json
{
  "new_obligation_classes": [
    {
      "label": "Clarity Verification Obligation",
      "definition": "Duty to ensure technical communications about safety risks are sufficiently clear and unambiguous to prevent misunderstanding by authorities",
      "derived_from_principle": "Public Safety",
      "duty_type": "professional",
      "enforcement_mechanism": "Professional review boards, liability for consequences of miscommunication",
      "violation_consequences": "Professional liability if unclear communication leads to public harm",
      "examples_from_case": ["Engineer B should carefully assess whether verbal and written reports were sufficiently clear"],
      "source_text": "Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report...were sufficiently clear",
      "confidence": 0.85,
      "reasoning": "Distinct from general disclosure - specifically requires verification that safety communications cannot be misunderstood"
    },
    {
      "label": "Employer Concurrence Obligation",
      "definition": "Requirement to obtain employer's knowledge and agreement before taking public actions beyond professional duties that could affect employer interests",
      "derived_from_principle": "Faithful Agency",
      "duty_type": "professional",
      "enforcement_mechanism": "Employment contracts, professional conduct standards",
      "violation_consequences": "Termination, breach of contract claims",
      "examples_from_case": ["Any such steps should only be taken with full knowledge and concurrence of the employer"],
      "source_text": "Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation",
      "confidence": 0.9,
      "reasoning": "Specific obligation regarding employer consent for actions beyond professional duties - not covered by existing collegial or professional obligations"
    }
  ],
  "obligation_individuals": [
    {
      "identifier": "EngineerB_ReportToAuthorities_Obligation",
      "obligation_class": "Reporting Obligation",
      "obligated_party": "Engineer B",
      "obligation_statement": "Report public health and safety risks from water source change to appropriate regulatory authorities",
      "derived_from": "NSPE Code of Ethics",
      "enforcement_context": "Professional ethics review by BER",
      "temporal_scope": "Upon discovery of safety risk",
      "compliance_status": "met",
      "case_context": "Engineer B reported to Water Commission verbally and in writing, and to State Department of Environment in writing",
      "source_text": "Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing)",
      "is_existing_class": true,
      "confidence": 1.0
    },
    {
      "identifier": "EngineerB_ClarityVerification_Obligation",
      "obligation_class": "Clarity Verification Obligation",
      "obligated_party": "Engineer B",
      "obligation_statement": "Ensure reports to authorities about water safety risks are sufficiently clear to prevent misunderstanding",
      "derived_from": "NSPE Code - Public Safety Principle",
      "enforcement_context": "Professional standard of care",
      "temporal_scope": "When communicating safety risks",
      "compliance_status": "unclear",
      "case_context": "BER advises Engineer B should assess whether communications were clear enough",
      "source_text": "Engineer B should carefully assess whether verbal and written reports...were sufficiently clear so that there was no misunderstanding",
      "is_existing_class": false,
      "confidence": 0.85
    },
    {
      "identifier": "EngineerB_FaithfulAgent_Obligation",
      "obligation_class": "Professional Obligation",
      "obligated_party": "Engineer B",
      "obligation_statement": "Act as faithful agent of employer ABC Engineers",
      "derived_from": "NSPE Code of Ethics",
      "enforcement_context": "Employment relationship",
      "temporal_scope": "During employment with ABC Engineers",
      "compliance_status": "pending",
      "case_context": "Must consider employer interests if taking additional public actions",
      "source_text": "Engineer B has an ethical obligation to act as a faithful agent of the employer",
      "is_existing_class": true,
      "confidence": 1.0
    },
    {
      "identifier": "EngineerB_EmployerConcurrence_Obligation",
      "obligation_class": "Employer Concurrence Obligation",
      "obligated_party": "Engineer B",
      "obligation_statement": "Obtain ABC Engineers' knowledge and concurrence before taking additional public actions beyond professional duties",
      "derived_from": "NSPE Code - Faithful Agency",
      "enforcement_context": "Employment relationship and professional standards",
      "temporal_scope": "When considering actions beyond professional obligations",
      "compliance_status": "pending",
      "case_context": "Required if Engineer B wishes to communicate with public or political bodies beyond regulatory reporting",
      "source_text": "Any such steps should only be taken with full knowledge and concurrence of the employer",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "EngineerDoe_Reporting_Obligation",
      "obligation_class": "Reporting Obligation",
      "obligated_party": "Engineer Doe",
      "obligation_statement": "Report observations about water quality standards violations to regulatory authority",
      "derived_from": "NSPE Code of Ethics",
      "enforcement_context": "BER Case 76-4",
      "temporal_scope": "After client severed contract",
      "compliance_status": "met",
      "case_context": "Doe had obligation despite client asking not to write report",
      "source_text": "The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority",
      "is_existing_class": true,
      "confidence": 1.0
    },
    {
      "identifier": "StructuralEngineer_CodeViolation_Obligation",
      "obligation_class": "Reporting Obligation",
      "obligated_party": "Structural Engineer (BER Case 89-7)",
      "obligation_statement": "Report potential mechanical and electrical code violations to appropriate authority",
      "derived_from": "NSPE Code of Ethics",
      "enforcement_context": "BER Case 89-7",
      "temporal_scope": "Upon discovery of violations",
      "compliance_status": "unmet",
      "case_context": "Engineer only made brief mention in report, did not report to authorities",
      "source_text": "The BER concluded that the engineer had a duty to report the potential code violations to the appropriate authority",
      "is_existing_class": true,
      "confidence": 1.0
    }
  ]
}
```
Constraints Extraction
LLM Prompt
You are an expert in professional ethics analyzing a case for constraints (boundaries, limitations, and restrictions). Based on the literature: - Constraints are INVIOLABLE BOUNDARIES that limit acceptable actions (Dennis et al. 2016) - They differ from obligations by being restrictions rather than requirements - Constraints can be legal, physical, resource-based, or procedural - They define the space within which ethical decisions must be made Your task is to: 1. Identify NEW CONSTRAINT CLASSES not in the existing ontology 2. Extract SPECIFIC CONSTRAINT INDIVIDUALS from the case EXISTING CONSTRAINTS IN ONTOLOGY (check if your identified constraints match these before creating new classes): - Attribution Constraint: Requirements and limitations regarding the disclosure and citation of tools, methods, or sources used in professional work products - Competence Constraint: Boundaries defined by agent capabilities and technical limitations (Hallamaa & Kalliokoski 2022) - Confidentiality Constraint: Boundaries on information disclosure and privacy (Dennis et al. 2016) - Constraint: An information content entity expressing limitations or restrictions on professional actions or decisions. This is the Cs component of the formal specification D=(R,P,O,S,Rs,A,E,Ca,Cs). - Defeasible Constraint: Constraints that admit justified exceptions under specified conditions (Ganascia 2007) - Ethical Constraint: Professional ethical boundaries beyond legal requirements (Benzmüller et al. 2020) - Inviolable Constraint: Absolute constraints that cannot be overridden under any circumstances (Dennis et al. 2016) - Jurisdictional Constraint: Boundaries of authority and geographical or organizational scope (Dennis et al. 2016) - Legal Constraint: Constraints arising from legal requirements and statutes that establish inviolable boundaries (Kroll 2020, Stenseke 2024) - Priority Constraint: Constraints establishing precedence when multiple requirements conflict (Scheutz & Malle 2014) - Procedural Constraint: Requirements for following specific processes or protocols (Furbach et al. 2014) - Regulatory Constraint: Constraints from regulatory bodies and professional standards organizations (Taddeo et al. 2024) - Resource Constraint: Limitations on available time, budget, materials, or human resources (Ganascia 2007) - Safety Constraint: Constraints ensuring safety requirements are met (Arkin 2008) - Technology Substitution Constraint: Boundaries preventing technology from replacing professional judgment and human oversight in critical decision-making Analyze this discussion section: This case focuses on the engineer’s duty to hold paramount the public health, safety and welfare while also balancing how far an engineer should go in pursuing an issue involving protection of the public beyond reporting to appropriate authorities. BER Case 76-4 addressed the duty to report likely environmental damage to appropriate regulatory authorities. Engineer Doe was retained by an industry to evaluate whether a proposed change in their manufacturing process would result in meeting minimum water quality standards. Doe concluded that the change would not meet minimum standards and apprised the client of that decision. The client severed Doe’s contract and asked DOE not to write a report. Subsequently, another engineer unaware of factors that Doe had recognized, presented the view at a public hearing that the industry would meet minimum standards. The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority. In BER Case 89-7 , a structural engineer inspected a building that was about to be sold, and was apprised confidentially by the owner that, although the building was structurally sound, there were mechanical and electrical code violations that had not been addressed and that were required to be rectified prior to sale of the building and use by the public. The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware that the code violations could constitute a safety violation. The structural engineer made only brief mention of the potential mechanical and electrical violations in the project report, and did not report the potential violations to any third party. The BER concluded that the engineer had a duty to report the potential code violations to the appropriate authority. BER Case 20-4 is directly related to the current case. In Case 20-4 , Engineer B, the same Engineer B identified in this current case, was a consulting engineer to the MWC. Engineer B had provided reports and testimony at public meetings to the effect that changes in water treatment were necessary prior to changing the water source in order to protect public health and safety. Despite those recommendations, the MWC decided to make the change in water source, but delay the construction of water treatment improvements. The BER concluded that Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority, regardless of whether the MWC consented to or opposed such a report. The facts of the present case show Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing) and to the water supply division of the State Department of the Environment (in writing). Each of the above cases refer to what is clearly established in the NSPE Code of Ethics: there is an obligation to report public health and safety risks to “appropriate authorities”. The current case goes beyond that, posing the question as to what an engineer’s ethical obligations are if the “appropriate authority” fails to act to adequately protect public health and safety in the opinion of the engineer. Turning to the facts of the current case, Engineer B has indeed reported the health and safety risk to the client, and to the “appropriate authority”. Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear so that there was no misunderstanding of the technical documentation. And Engineer B should consider whether the health and safety risk might reasonably be interpreted otherwise by another engineer. Is this a disagreement of professional opinions, or is it a misunderstanding of the facts or the technical considerations? If Engineer B has clearly communicated the public health and safety risks both to the client and the regulatory agency, the BER concludes that Engineer B has fulfilled the Code’s ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC. Whether Engineer B wishes to consider additional alternative courses of action on a personal basis raises other ethical considerations. In the project described in this case, such other actions might include additional communication with the MWC, with other levels of management of the Department of the Environment, communication with other political bodies beyond the MWC, or communication with the public. All of these potential actions beyond Engineer B’s professional obligations would be as a concerned citizen. In considering such actions, Engineer B would need to consider the interests of his employer, ABC Engineers. Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent of the employer, while recognizing that the obligation to protect public health and safety is paramount in comparison to other ethical obligations. ABC Engineers likely has a need to evaluate both the business impacts and legal liabilities of such additional steps. If Engineer B is no longer employed by ABC Engineers, those considerations may be moot and not a constraint. Nothing herein should be construed as a constraint to any engineer functioning as a “Whistleblower” in an event where public health and safety is at risk. The BER concludes that clear notification of public health and safety risk to appropriate authorities satisfies an engineer’s ethical obligation, and that subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected by the matter and the engineer’s continuing ethical obligations where pertinent. Extract constraints following this JSON structure: { "new_constraint_classes": [ { "label": "Clear, specific constraint class name", "definition": "What this type of constraint limits or restricts", "constraint_type": "legal|physical|resource|temporal|procedural", "flexibility": "hard|soft|negotiable", "violation_impact": "What happens if this constraint is violated", "mitigation_possible": "Whether and how this constraint can be mitigated", "examples_from_case": ["Example 1 from the case", "Example 2"], "source_text": "EXACT text snippet from case where this constraint is identified (max 200 characters)", "confidence": 0.0-1.0, "reasoning": "Why this is a new class not in existing ontology" } ], "constraint_individuals": [ { "identifier": "Unique name for this specific constraint instance", "constraint_class": "Name of the constraint class (new or existing)", "constrained_entity": "What or who is constrained (e.g., 'Engineer L', 'Project')", "constraint_statement": "The specific limitation (e.g., 'Cannot exceed budget of $X')", "source": "Origin of constraint (e.g., 'Client budget', 'Environmental law')", "enforcement_mechanism": "How this constraint is enforced", "temporal_scope": "When this constraint applies", "severity": "critical|major|minor", "case_context": "How this constraint manifests in the specific case", "source_text": "EXACT text snippet from case where this constraint is mentioned (max 200 characters)", "is_existing_class": true/false, "confidence": 0.0-1.0 } ] } Focus on: 1. NEW constraint types that represent novel limitations or boundaries 2. Specific constraint instances showing how limitations apply in this case 3. The difference between constraints (boundaries) and obligations (duties) 4. Impact and severity of constraints on decision-making Return ONLY the JSON structure, no additional text.
Saved: 2025-12-29 17:18
LLM Response
```json
{
  "new_constraint_classes": [
    {
      "label": "Employer Concurrence Constraint",
      "definition": "Limitations requiring employer knowledge and agreement before an employee can take certain actions that may affect the employer's interests",
      "constraint_type": "procedural",
      "flexibility": "negotiable",
      "violation_impact": "Breach of faithful agent duty, potential termination, legal liability for employer",
      "mitigation_possible": "Can be mitigated through proper communication and obtaining explicit employer consent",
      "examples_from_case": ["Engineer B needs ABC Engineers' concurrence before additional public communication"],
      "source_text": "Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent",
      "confidence": 0.85,
      "reasoning": "This represents a specific procedural boundary on employee actions that goes beyond general confidentiality or jurisdictional constraints - it requires active employer consent for actions that could impact business interests"
    },
    {
      "label": "Professional Scope Constraint",
      "definition": "Boundaries that limit professional obligations to specific defined actions, beyond which activities become personal rather than professional choices",
      "constraint_type": "procedural",
      "flexibility": "hard",
      "violation_impact": "Actions beyond scope are personal choices without professional protection or mandate",
      "mitigation_possible": "Cannot be mitigated - defines the boundary between professional duty and personal choice",
      "examples_from_case": ["Additional communication beyond reporting to authorities is personal, not professional"],
      "source_text": "the BER concludes that Engineer B has fulfilled the Code's ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC",
      "confidence": 0.9,
      "reasoning": "This constraint defines the boundary where professional obligations end and personal choices begin, distinct from competence or jurisdictional constraints"
    }
  ],
  "constraint_individuals": [
    {
      "identifier": "ABC_Engineers_Business_Impact_Constraint",
      "constraint_class": "Employer Concurrence Constraint",
      "constrained_entity": "Engineer B",
      "constraint_statement": "Cannot take additional public communication steps without ABC Engineers' knowledge and concurrence",
      "source": "Employment relationship and faithful agent duty",
      "enforcement_mechanism": "Employment contract and professional ethics code",
      "temporal_scope": "While employed by ABC Engineers",
      "severity": "major",
      "case_context": "Limits Engineer B's ability to communicate with public or political bodies beyond regulatory authorities",
      "source_text": "Any such steps should only be taken with full knowledge and concurrence of the employer",
      "is_existing_class": false,
      "confidence": 0.85
    },
    {
      "identifier": "Appropriate_Authority_Reporting_Boundary",
      "constraint_class": "Professional Scope Constraint",
      "constrained_entity": "Engineer B",
      "constraint_statement": "Professional obligation limited to reporting to appropriate authorities; further action is personal choice",
      "source": "NSPE Code of Ethics interpretation",
      "enforcement_mechanism": "Professional ethics board review",
      "temporal_scope": "After reporting to appropriate authorities",
      "severity": "critical",
      "case_context": "Engineer B has met professional obligations by reporting to Water Commission and Department of Environment",
      "source_text": "clear notification of public health and safety risk to appropriate authorities satisfies an engineer's ethical obligation",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "Client_Representation_Termination_Constraint",
      "constraint_class": "Jurisdictional Constraint",
      "constrained_entity": "Engineer B and ABC Engineers",
      "constraint_statement": "No longer have professional obligations to MWC after termination of representation",
      "source": "Termination of consulting contract",
      "enforcement_mechanism": "Contract law",
      "temporal_scope": "After contract termination",
      "severity": "major",
      "case_context": "Frees Engineer B from certain client-related constraints but maintains other professional obligations",
      "source_text": "Engineer B has fulfilled the Code's ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "Whistleblower_Exception_Provision",
      "constraint_class": "Defeasible Constraint",
      "constrained_entity": "All engineers",
      "constraint_statement": "Other constraints do not apply when functioning as whistleblower for public health and safety risks",
      "source": "Professional ethics and whistleblower protections",
      "enforcement_mechanism": "Legal protections and ethics code",
      "temporal_scope": "When public health and safety is at risk",
      "severity": "critical",
      "case_context": "Provides exception to normal constraints when public safety is threatened",
      "source_text": "Nothing herein should be construed as a constraint to any engineer functioning as a 'Whistleblower' in an event where public health and safety is at risk",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "Employment_Status_Dependency_Constraint",
      "constraint_class": "Procedural Constraint",
      "constrained_entity": "Engineer B",
      "constraint_statement": "Employer-related constraints become moot if no longer employed by ABC Engineers",
      "source": "Employment relationship",
      "enforcement_mechanism": "Employment law",
      "temporal_scope": "Conditional on employment status",
      "severity": "major",
      "case_context": "Engineer B's obligations to ABC Engineers depend on continued employment",
      "source_text": "If Engineer B is no longer employed by ABC Engineers, those considerations may be moot and not a constraint",
      "is_existing_class": true,
      "confidence": 0.8
    }
  ]
}
```
Capabilities Extraction
LLM Prompt
You are an expert in professional ethics analyzing a case for capabilities (competencies and skills required for professional practice). Based on the literature: - Capabilities are COMPETENCIES that enable norm compliance (Hallamaa & Kalliokoski 2022) - They represent the skills needed to fulfill professional obligations (Dennis et al. 2016) - Capabilities include technical, ethical, communicative, and analytical competencies - They constitute "norm competence" - the ability to act ethically (Kong et al. 2020) Your task is to: 1. Identify NEW CAPABILITY CLASSES not in the existing ontology 2. Extract SPECIFIC CAPABILITY INDIVIDUALS from the case EXISTING CAPABILITIES IN ONTOLOGY (check if your identified capabilities match these before creating new classes): - AI Tool Evaluation Capability: The competency to assess, validate, and appropriately use AI-generated content in professional work - Capability: A realizable entity that can be realized by specific types of actions or processes in professional contexts. This is the Ca component of the formal specification D=(R,P,O,S,Rs,A,E,Ca,Cs). - Capability Type: Meta-class for specific capability types recognized by the ProEthica system - Data Privacy Protection Capability: The competency to safeguard confidential client information when using digital tools and platforms - Justification Capability: Capability to trace reasoning paths connecting decisions to authoritative sources (McLaren 2003, Anderson & Anderson 2018) - Regulatory Compliance Capability: The competency to ensure designs and documents meet local regulations and safety standards - Responsible Charge Capability: The competency to maintain active engagement and supervisory control from conception to completion of engineering work - Technical Capability: A specialized technical skill or competency in a professional domain - Technical Writing Capability: The competency to produce clear, accurate, and professional technical documentation and reports - Technology Integration Capability: The competency to appropriately integrate new technologies while maintaining professional judgment Analyze this discussion section: This case focuses on the engineer’s duty to hold paramount the public health, safety and welfare while also balancing how far an engineer should go in pursuing an issue involving protection of the public beyond reporting to appropriate authorities. BER Case 76-4 addressed the duty to report likely environmental damage to appropriate regulatory authorities. Engineer Doe was retained by an industry to evaluate whether a proposed change in their manufacturing process would result in meeting minimum water quality standards. Doe concluded that the change would not meet minimum standards and apprised the client of that decision. The client severed Doe’s contract and asked DOE not to write a report. Subsequently, another engineer unaware of factors that Doe had recognized, presented the view at a public hearing that the industry would meet minimum standards. The BER concluded that Doe had an obligation to report the observations to the applicable regulatory authority. In BER Case 89-7 , a structural engineer inspected a building that was about to be sold, and was apprised confidentially by the owner that, although the building was structurally sound, there were mechanical and electrical code violations that had not been addressed and that were required to be rectified prior to sale of the building and use by the public. The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware that the code violations could constitute a safety violation. The structural engineer made only brief mention of the potential mechanical and electrical violations in the project report, and did not report the potential violations to any third party. The BER concluded that the engineer had a duty to report the potential code violations to the appropriate authority. BER Case 20-4 is directly related to the current case. In Case 20-4 , Engineer B, the same Engineer B identified in this current case, was a consulting engineer to the MWC. Engineer B had provided reports and testimony at public meetings to the effect that changes in water treatment were necessary prior to changing the water source in order to protect public health and safety. Despite those recommendations, the MWC decided to make the change in water source, but delay the construction of water treatment improvements. The BER concluded that Engineer B had an ethical obligation to report the risk to public health and safety to the appropriate regulatory authority, regardless of whether the MWC consented to or opposed such a report. The facts of the present case show Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing) and to the water supply division of the State Department of the Environment (in writing). Each of the above cases refer to what is clearly established in the NSPE Code of Ethics: there is an obligation to report public health and safety risks to “appropriate authorities”. The current case goes beyond that, posing the question as to what an engineer’s ethical obligations are if the “appropriate authority” fails to act to adequately protect public health and safety in the opinion of the engineer. Turning to the facts of the current case, Engineer B has indeed reported the health and safety risk to the client, and to the “appropriate authority”. Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division of the Department of the Environment were sufficiently clear so that there was no misunderstanding of the technical documentation. And Engineer B should consider whether the health and safety risk might reasonably be interpreted otherwise by another engineer. Is this a disagreement of professional opinions, or is it a misunderstanding of the facts or the technical considerations? If Engineer B has clearly communicated the public health and safety risks both to the client and the regulatory agency, the BER concludes that Engineer B has fulfilled the Code’s ethical and professional obligations since Engineer B and ABC Engineers are no longer representing the MWC. Whether Engineer B wishes to consider additional alternative courses of action on a personal basis raises other ethical considerations. In the project described in this case, such other actions might include additional communication with the MWC, with other levels of management of the Department of the Environment, communication with other political bodies beyond the MWC, or communication with the public. All of these potential actions beyond Engineer B’s professional obligations would be as a concerned citizen. In considering such actions, Engineer B would need to consider the interests of his employer, ABC Engineers. Any such steps should only be taken with full knowledge and concurrence of the employer, since Engineer B has an ethical obligation to act as a faithful agent of the employer, while recognizing that the obligation to protect public health and safety is paramount in comparison to other ethical obligations. ABC Engineers likely has a need to evaluate both the business impacts and legal liabilities of such additional steps. If Engineer B is no longer employed by ABC Engineers, those considerations may be moot and not a constraint. Nothing herein should be construed as a constraint to any engineer functioning as a “Whistleblower” in an event where public health and safety is at risk. The BER concludes that clear notification of public health and safety risk to appropriate authorities satisfies an engineer’s ethical obligation, and that subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected by the matter and the engineer’s continuing ethical obligations where pertinent. Extract capabilities following this JSON structure: { "new_capability_classes": [ { "label": "Clear, specific capability class name", "definition": "What competency or skill this capability represents", "capability_type": "technical|ethical|communicative|analytical", "norm_competence_related": "Which professional obligations this capability enables", "skill_level": "basic|intermediate|advanced|expert", "acquisition_method": "How this capability is typically acquired (education, training, experience)", "examples_from_case": ["Example 1 from the case", "Example 2"], "source_text": "EXACT text snippet from case where this capability is identified (max 200 characters)", "confidence": 0.0-1.0, "reasoning": "Why this is a new class not in existing ontology" } ], "capability_individuals": [ { "identifier": "Unique name for this specific capability instance", "capability_class": "Name of the capability class (new or existing)", "possessed_by": "Who has this capability (e.g., 'Engineer L', 'All Licensed PEs')", "capability_statement": "The specific competency (e.g., 'Design stormwater systems')", "demonstrated_through": "How shown in the case (e.g., 'Years of experience', 'Professional license')", "proficiency_level": "basic|intermediate|advanced|expert", "enables_obligations": "Which obligations this capability enables", "temporal_aspect": "When this capability is relevant", "case_context": "How this capability manifests in the specific case", "source_text": "EXACT text snippet from case where this capability is mentioned (max 200 characters)", "is_existing_class": true/false, "confidence": 0.0-1.0 } ] } Focus on: 1. NEW capability types that represent novel competencies 2. Specific capability instances showing professional competencies in this case 3. The relationship between capabilities and norm competence 4. How capabilities enable fulfillment of professional obligations Return ONLY the JSON structure, no additional text.
Saved: 2025-12-29 17:19
LLM Response
```json
{
  "new_capability_classes": [
    {
      "label": "Risk Assessment Communication Capability",
      "definition": "The competency to clearly communicate technical risks and safety concerns to both clients and regulatory authorities in a manner that ensures understanding",
      "capability_type": "communicative",
      "norm_competence_related": "Enables fulfillment of obligation to protect public health and safety through effective risk communication",
      "skill_level": "advanced",
      "acquisition_method": "Professional experience, technical writing training, regulatory interaction experience",
      "examples_from_case": ["Engineer B provided reports and testimony at public meetings", "verbal and written reports to the Water Commission"],
      "source_text": "Engineer B should carefully assess whether verbal and written reports to the Water Commission and the written report to the water supply division",
      "confidence": 0.85,
      "reasoning": "Distinct from Technical Writing Capability as it specifically focuses on risk communication to authorities and ensuring technical understanding of safety issues"
    },
    {
      "label": "Professional Disagreement Resolution Capability",
      "definition": "The competency to distinguish between professional opinion disagreements and factual/technical misunderstandings, and to navigate such conflicts ethically",
      "capability_type": "analytical",
      "norm_competence_related": "Enables proper assessment of when additional action is needed beyond standard reporting obligations",
      "skill_level": "expert",
      "acquisition_method": "Professional experience, ethics training, peer review participation",
      "examples_from_case": ["Engineer B should consider whether the health and safety risk might reasonably be interpreted otherwise by another engineer"],
      "source_text": "Is this a disagreement of professional opinions, or is it a misunderstanding of the facts or the technical considerations?",
      "confidence": 0.9,
      "reasoning": "Not covered by existing capabilities - specifically addresses competency to analyze and resolve professional disagreements about technical matters"
    },
    {
      "label": "Stakeholder Impact Assessment Capability",
      "definition": "The competency to evaluate and balance the interests of multiple stakeholders when considering actions beyond standard professional obligations",
      "capability_type": "ethical",
      "norm_competence_related": "Enables appropriate consideration of employer interests, public welfare, and personal ethics when contemplating whistleblowing",
      "skill_level": "advanced",
      "acquisition_method": "Ethics training, professional experience, case study analysis",
      "examples_from_case": ["Engineer B would need to consider the interests of his employer, ABC Engineers", "consideration of the many stakeholders affected"],
      "source_text": "subsequent steps are a personal, rather than a professional choice, and should be taken in consideration of the many stakeholders affected",
      "confidence": 0.8,
      "reasoning": "Unique capability for assessing impacts on multiple parties when considering actions beyond standard professional duties"
    }
  ],
  "capability_individuals": [
    {
      "identifier": "EngineerB_RiskCommunication",
      "capability_class": "Risk Assessment Communication Capability",
      "possessed_by": "Engineer B",
      "capability_statement": "Provide clear reports and testimony about water treatment risks to public authorities",
      "demonstrated_through": "Reports and testimony at public meetings regarding water treatment necessity",
      "proficiency_level": "advanced",
      "enables_obligations": "Duty to protect public health and safety through proper risk communication",
      "temporal_aspect": "During consultation period with MWC",
      "case_context": "Engineer B communicated risks both verbally and in writing to multiple authorities",
      "source_text": "Engineer B had provided reports and testimony at public meetings to the effect that changes in water treatment were necessary",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "EngineerB_RegulatoryCompliance",
      "capability_class": "Regulatory Compliance Capability",
      "possessed_by": "Engineer B",
      "capability_statement": "Report public health and safety risks to appropriate regulatory authorities",
      "demonstrated_through": "Written and verbal reports to Water Commission and State Department of Environment",
      "proficiency_level": "expert",
      "enables_obligations": "Obligation to report risks to appropriate authorities per NSPE Code",
      "temporal_aspect": "After identifying water treatment risks",
      "case_context": "Fulfilled reporting obligations to multiple regulatory bodies",
      "source_text": "Engineer B did report the matter to the regulatory authority; namely, the Water Commission (both verbally and in writing)",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "EngineerDoe_TechnicalAssessment",
      "capability_class": "Technical Capability",
      "possessed_by": "Engineer Doe",
      "capability_statement": "Evaluate whether manufacturing process changes meet water quality standards",
      "demonstrated_through": "Technical evaluation of proposed manufacturing process changes",
      "proficiency_level": "expert",
      "enables_obligations": "Duty to provide accurate technical assessments regarding environmental standards",
      "temporal_aspect": "During industry consultation in Case 76-4",
      "case_context": "Concluded that proposed changes would not meet minimum standards",
      "source_text": "Doe concluded that the change would not meet minimum standards and apprised the client of that decision",
      "is_existing_class": true,
      "confidence": 0.9
    },
    {
      "identifier": "StructuralEngineer_CrossDisciplinary",
      "capability_class": "Professional Disagreement Resolution Capability",
      "possessed_by": "Structural engineer in Case 89-7",
      "capability_statement": "Recognize safety issues outside primary expertise area and determine appropriate reporting",
      "demonstrated_through": "Awareness of mechanical and electrical code violations despite being structural engineer",
      "proficiency_level": "intermediate",
      "enables_obligations": "Duty to report safety violations even outside primary expertise",
      "temporal_aspect": "During building inspection",
      "case_context": "Recognized but inadequately reported code violations outside structural expertise",
      "source_text": "The structural engineer was not qualified to address mechanical and electrical engineering issues, but was aware",
      "is_existing_class": false,
      "confidence": 0.75
    },
    {
      "identifier": "EngineerB_StakeholderAssessment",
      "capability_class": "Stakeholder Impact Assessment Capability",
      "possessed_by": "Engineer B",
      "capability_statement": "Evaluate impacts on employer ABC Engineers when considering additional public communications",
      "demonstrated_through": "Consideration of employer interests and legal liabilities",
      "proficiency_level": "advanced",
      "enables_obligations": "Duty to act as faithful agent while maintaining paramount duty to public safety",
      "temporal_aspect": "When considering actions beyond standard reporting",
      "case_context": "Balancing whistleblowing considerations with employer obligations",
      "source_text": "Engineer B would need to consider the interests of his employer, ABC Engineers",
      "is_existing_class": false,
      "confidence": 0.85
    }
  ]
}
```