Step 2: Normative Requirements Pass (Discussion Section)

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

Protecting Public Health, Safety, and Welfare
Step 2 of 5

Discussion Section

Section Content:
Discussion:
The Board of Ethical Review (BER) has addressed question surrounding an engineer’s duty to report risk to the public health, safety, and welfare on several occasions.
For example, in BER Case 76-4 , Engineer was hired to confirm discharge’s effect on water quality will not be below standards.
After analysis but before preparing a written report, Engineer verbally advises client that the discharge will reduce water quality below the standards and that remediation will be expensive.
Client instructs Engineers not to file a written report, pays Engineer, and terminates the contract.
Engineer learns that Client appeared at a public hearing with data showing compliance.
Although this case is 45 years old and the specific words of the Code have changed in the interim, the concepts are unchanged.
Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients.
There is a clear risk to public health, safety, and welfare with a consequent clear duty to report.
In BER Case 90-5 , Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues.
Engineer discovered serious structural defects which Engineer believes constitute an immediate threat to the safety of the tenants.
Engineer immediately informed Attorney.
Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit (which it is not – the tenants included no safety-related complaints).
The BER found that Engineer’s obligation to protect the public health, safety, and welfare pre-empted Engineer’s duty of confidentiality to Attorney and Attorney’s client.
Consequently, Engineer had an obligation to notify the tenants and the appropriate public authorities of the danger. [The BER did not discuss any consequences of the Attorney’s deceptive practices.] There is a clear risk to public health, safety, and welfare with a consequent clear duty to report.
In BER Case 17-3 , Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use.
Forensic Engineer determined that the beam had suffered little enough damage that it could be re-used.
However, Forensic Engineer was concerned that the beam appeared to be too light for the loads it carried, ran the appropriate structural calculations, and determined that the beam was seriously undersized.
Forensic Engineer includes the information in the written report, expressing the concern that the deficient design had been repeated in other tract homes in the development of the same design.
The BER held that Forensic Engineer had an obligation to notify individual homeowners, the local homeowners or community civic association, and local building officials of the findings.
Again, there is a clear risk to public health, safety, and welfare with a consequent clear duty to report.
In the present case, there is no duty of confidentiality to the builder that would place any obligations of Engineer A in tension.
That means that the inquiry is solely focused on whether Engineer A has a duty to intervene by notifying the homeowner.
Were the circumstances only slightly different and Engineer A observed clearly hazardous conditions such as frayed, sparking wires or a displaced collar on a water heater that is almost certain to be releasing carbon monoxide, then public health, safety, and welfare would clearly be at risk.
However, in the present case, the direct risks are the inoperability of the sprinkler system and property damage from flooding resulting from frozen pipes.
If Engineer A has a duty to intervene, it would arise either because of an imminent risk to public health, safety, and welfare or from duties associated with Sections I.4 (faithful agent) and III.1.b (project won’t be successful).
Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public’s health, safety, and welfare, triggering a duty to report the issue to the Owner/Client in writing.
The BER holds that Engineer A’s duties under Sections 1.4 (faithful agent) and III.1.b (project won’t be successful) require that Engineer A advise the Owner in writing of the risks associated with frozen pipes.
Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives.
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: The Board of Ethical Review (BER) has addressed question surrounding an engineer’s duty to report risk to the public health, safety, and welfare on several occasions. For example, in BER Case 76-4 , Engineer was hired to confirm discharge’s effect on water quality will not be below standards. After analysis but before preparing a written report, Engineer verbally advises client that the discharge will reduce water quality below the standards and that remediation will be expensive. Client instructs Engineers not to file a written report, pays Engineer, and terminates the contract. Engineer learns that Client appeared at a public hearing with data showing compliance. Although this case is 45 years old and the specific words of the Code have changed in the interim, the concepts are unchanged. Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients. There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 90-5 , Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues. Engineer discovered serious structural defects which Engineer believes constitute an immediate threat to the safety of the tenants. Engineer immediately informed Attorney. Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit (which it is not – the tenants included no safety-related complaints). The BER found that Engineer’s obligation to protect the public health, safety, and welfare pre-empted Engineer’s duty of confidentiality to Attorney and Attorney’s client. Consequently, Engineer had an obligation to notify the tenants and the appropriate public authorities of the danger. [The BER did not discuss any consequences of the Attorney’s deceptive practices.] There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 17-3 , Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use. Forensic Engineer determined that the beam had suffered little enough damage that it could be re-used. However, Forensic Engineer was concerned that the beam appeared to be too light for the loads it carried, ran the appropriate structural calculations, and determined that the beam was seriously undersized. Forensic Engineer includes the information in the written report, expressing the concern that the deficient design had been repeated in other tract homes in the development of the same design. The BER held that Forensic Engineer had an obligation to notify individual homeowners, the local homeowners or community civic association, and local building officials of the findings. Again, there is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In the present case, there is no duty of confidentiality to the builder that would place any obligations of Engineer A in tension. That means that the inquiry is solely focused on whether Engineer A has a duty to intervene by notifying the homeowner.Were the circumstances only slightly different and Engineer A observed clearly hazardous conditions such as frayed, sparking wires or a displaced collar on a water heater that is almost certain to be releasing carbon monoxide, then public health, safety, and welfare would clearly be at risk. However, in the present case, the direct risks are the inoperability of the sprinkler system and property damage from flooding resulting from frozen pipes. If Engineer A has a duty to intervene, it would arise either because of an imminent risk to public health, safety, and welfare or from duties associated with Sections I.4 (faithful agent) and III.1.b (project won’t be successful). Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public’s health, safety, and welfare, triggering a duty to report the issue to the Owner/Client in writing. The BER holds that Engineer A’s duties under Sections 1.4 (faithful agent) and III.1.b (project won’t be successful) require that Engineer A advise the Owner in writing of the risks associated with frozen pipes. Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives. 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 22:18
LLM Response
```json
{
    "new_principle_classes": [],
    "principle_individuals": [
        {
            "identifier": "PublicWelfare_BER_Paramount",
            "principle_class": "Public Welfare Principle",
            "concrete_expression": "Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients",
            "invoked_by": ["Board of Ethical Review"],
            "applied_to": ["Engineer's duty to report environmental violations", "Structural safety issues", "General professional obligations"],
            "interpretation": "Public welfare obligations supersede all other professional duties including client confidentiality",
            "source_text": "Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients",
            "balancing_with": ["Confidentiality Principle", "Client loyalty"],
            "tension_resolution": "Public welfare always takes precedence over client obligations",
            "case_relevance": "Establishes the hierarchical priority of ethical obligations in engineering practice"
        },
        {
            "identifier": "Confidentiality_Case90-5",
            "principle_class": "Confidentiality Principle",
            "concrete_expression": "Engineer's duty of confidentiality to Attorney and Attorney's client",
            "invoked_by": ["Attorney in BER Case 90-5"],
            "applied_to": ["Information about structural defects discovered during litigation"],
            "interpretation": "Confidentiality obligations exist but are subordinate to public safety concerns",
            "source_text": "Engineer's obligation to protect the public health, safety, and welfare pre-empted Engineer's duty of confidentiality to Attorney and Attorney's client",
            "balancing_with": ["Public Welfare Principle"],
            "tension_resolution": "Confidentiality yields to public safety - engineer must notify tenants and authorities",
            "case_relevance": "Demonstrates limits of confidentiality when public safety is at risk"
        },
        {
            "identifier": "FaithfulAgent_EngineerA",
            "principle_class": "Professional Virtue Principle",
            "concrete_expression": "duties under Sections 1.4 (faithful agent)",
            "invoked_by": ["Board of Ethical Review"],
            "applied_to": ["Engineer A's obligation to notify owner about frozen pipe risks"],
            "interpretation": "Being a faithful agent requires proactive communication about risks to client's interests",
            "source_text": "Engineer A's duties under Sections 1.4 (faithful agent) and III.1.b (project won't be successful) require that Engineer A advise the Owner in writing",
            "balancing_with": ["Scope of professional engagement"],
            "tension_resolution": "Faithful agent duty requires written notification but not investigation or mitigation recommendations",
            "case_relevance": "Establishes duty to communicate risks even without immediate public safety threat"
        },
        {
            "identifier": "PublicSafety_ClearRisk",
            "principle_class": "Public Welfare Principle",
            "concrete_expression": "There is a clear risk to public health, safety, and welfare with a consequent clear duty to report",
            "invoked_by": ["Board of Ethical Review"],
            "applied_to": ["Water quality violations", "Structural defects", "Building code violations"],
            "interpretation": "When risk to public welfare is clear and demonstrable, reporting duty is mandatory",
            "source_text": "There is a clear risk to public health, safety, and welfare with a consequent clear duty to report",
            "balancing_with": ["None - absolute duty when risk is clear"],
            "tension_resolution": "No balancing required - clear risk triggers absolute duty",
            "case_relevance": "Establishes threshold for mandatory reporting obligations"
        },
        {
            "identifier": "Competence_ProjectSuccess",
            "principle_class": "Competence Principle",
            "concrete_expression": "III.1.b (project won't be successful)",
            "invoked_by": ["Board of Ethical Review"],
            "applied_to": ["Engineer A's assessment of frozen pipe risks"],
            "interpretation": "Professional competence requires identifying and communicating factors that could lead to project failure",
            "source_text": "duties associated with Sections I.4 (faithful agent) and III.1.b (project won't be successful)",
            "balancing_with": ["Scope limitations", "Client autonomy"],
            "tension_resolution": "Competence requires notification but respects boundaries of professional engagement",
            "case_relevance": "Links technical competence to communication obligations"
        },
        {
            "identifier": "PublicWelfare_FrozenPipes",
            "principle_class": "Public Welfare Principle",
            "concrete_expression": "Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public's health, safety, and welfare",
            "invoked_by": ["Board of Ethical Review"],
            "applied_to": ["Risk assessment of frozen pipe conditions"],
            "interpretation": "Even indirect risks to safety systems trigger public welfare considerations",
            "source_text": "Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public's health, safety, and welfare, triggering a duty to report",
            "balancing_with": ["Immediacy of risk", "Scope of engagement"],
            "tension_resolution": "Potential risk to safety systems requires written notification but not full investigation",
            "case_relevance": "Extends public welfare principle to indirect safety risks"
        }
    ]
}
```
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: The Board of Ethical Review (BER) has addressed question surrounding an engineer’s duty to report risk to the public health, safety, and welfare on several occasions. For example, in BER Case 76-4 , Engineer was hired to confirm discharge’s effect on water quality will not be below standards. After analysis but before preparing a written report, Engineer verbally advises client that the discharge will reduce water quality below the standards and that remediation will be expensive. Client instructs Engineers not to file a written report, pays Engineer, and terminates the contract. Engineer learns that Client appeared at a public hearing with data showing compliance. Although this case is 45 years old and the specific words of the Code have changed in the interim, the concepts are unchanged. Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients. There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 90-5 , Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues. Engineer discovered serious structural defects which Engineer believes constitute an immediate threat to the safety of the tenants. Engineer immediately informed Attorney. Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit (which it is not – the tenants included no safety-related complaints). The BER found that Engineer’s obligation to protect the public health, safety, and welfare pre-empted Engineer’s duty of confidentiality to Attorney and Attorney’s client. Consequently, Engineer had an obligation to notify the tenants and the appropriate public authorities of the danger. [The BER did not discuss any consequences of the Attorney’s deceptive practices.] There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 17-3 , Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use. Forensic Engineer determined that the beam had suffered little enough damage that it could be re-used. However, Forensic Engineer was concerned that the beam appeared to be too light for the loads it carried, ran the appropriate structural calculations, and determined that the beam was seriously undersized. Forensic Engineer includes the information in the written report, expressing the concern that the deficient design had been repeated in other tract homes in the development of the same design. The BER held that Forensic Engineer had an obligation to notify individual homeowners, the local homeowners or community civic association, and local building officials of the findings. Again, there is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In the present case, there is no duty of confidentiality to the builder that would place any obligations of Engineer A in tension. That means that the inquiry is solely focused on whether Engineer A has a duty to intervene by notifying the homeowner.Were the circumstances only slightly different and Engineer A observed clearly hazardous conditions such as frayed, sparking wires or a displaced collar on a water heater that is almost certain to be releasing carbon monoxide, then public health, safety, and welfare would clearly be at risk. However, in the present case, the direct risks are the inoperability of the sprinkler system and property damage from flooding resulting from frozen pipes. If Engineer A has a duty to intervene, it would arise either because of an imminent risk to public health, safety, and welfare or from duties associated with Sections I.4 (faithful agent) and III.1.b (project won’t be successful). Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public’s health, safety, and welfare, triggering a duty to report the issue to the Owner/Client in writing. The BER holds that Engineer A’s duties under Sections 1.4 (faithful agent) and III.1.b (project won’t be successful) require that Engineer A advise the Owner in writing of the risks associated with frozen pipes. Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives. 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 22:18
LLM Response
```json
{
  "new_obligation_classes": [
    {
      "label": "Paramount Duty Obligation",
      "definition": "Duty that supersedes all other professional obligations when public health, safety, and welfare are at risk",
      "derived_from_principle": "Public Safety",
      "duty_type": "professional",
      "enforcement_mechanism": "Professional board review, license sanctions, legal action",
      "violation_consequences": "License revocation, legal liability, professional censure",
      "examples_from_case": ["Public safety pre-empts obligation to clients", "Engineer's obligation pre-empted duty of confidentiality"],
      "source_text": "Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients",
      "confidence": 0.9,
      "reasoning": "Distinct from Safety Obligation as it specifically addresses the hierarchical nature and override capability of safety duties over other obligations"
    },
    {
      "label": "Faithful Agent Obligation",
      "definition": "Duty to act in the best interests of the client by advising them of risks that could affect project success",
      "derived_from_principle": "Professional Integrity",
      "duty_type": "professional",
      "enforcement_mechanism": "Professional standards enforcement, client complaints",
      "violation_consequences": "Professional liability, breach of contract claims",
      "examples_from_case": ["Engineer A must advise Owner of frozen pipe risks", "Duty under Section I.4"],
      "source_text": "Engineer A's duties under Sections 1.4 (faithful agent) and III.1.b (project won't be successful) require that Engineer A advise the Owner",
      "confidence": 0.85,
      "reasoning": "Specific duty to act as faithful agent not covered by existing obligation classes, operationalizes fiduciary relationship"
    }
  ],
  "obligation_individuals": [
    {
      "identifier": "BER_76-4_Reporting_Obligation",
      "obligation_class": "Reporting Obligation",
      "obligated_party": "Engineer in BER Case 76-4",
      "obligation_statement": "Report water quality violations to authorities despite client termination",
      "derived_from": "NSPE Code - Public Safety",
      "enforcement_context": "Board of Ethical Review determination",
      "temporal_scope": "Upon discovery of false compliance data",
      "compliance_status": "unclear",
      "case_context": "Client misrepresented data at public hearing after terminating engineer",
      "source_text": "There is a clear risk to public health, safety, and welfare with a consequent clear duty to report",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "BER_90-5_Safety_Override_Obligation",
      "obligation_class": "Paramount Duty Obligation",
      "obligated_party": "Engineer in BER Case 90-5",
      "obligation_statement": "Notify tenants and authorities of structural defects despite attorney's confidentiality instruction",
      "derived_from": "NSPE Code - Public Safety Paramount",
      "enforcement_context": "BER ruling overriding confidentiality",
      "temporal_scope": "Immediately upon discovery",
      "compliance_status": "met",
      "case_context": "Structural defects posed immediate threat to tenant safety",
      "source_text": "Engineer's obligation to protect the public health, safety, and welfare pre-empted Engineer's duty of confidentiality",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "BER_17-3_Community_Notification_Obligation",
      "obligation_class": "Disclosure Obligation",
      "obligated_party": "Forensic Engineer in BER Case 17-3",
      "obligation_statement": "Notify homeowners, civic associations, and building officials of undersized beam defects",
      "derived_from": "NSPE Code - Public Safety",
      "enforcement_context": "BER determination requiring broad notification",
      "temporal_scope": "After discovery and calculation verification",
      "compliance_status": "met",
      "case_context": "Deficient design repeated in multiple tract homes",
      "source_text": "Forensic Engineer had an obligation to notify individual homeowners, the local homeowners or community civic association",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "Engineer_A_Faithful_Agent_Duty",
      "obligation_class": "Faithful Agent Obligation",
      "obligated_party": "Engineer A",
      "obligation_statement": "Advise Owner in writing of risks associated with frozen pipes",
      "derived_from": "NSPE Sections I.4 and III.1.b",
      "enforcement_context": "Professional standards requirement",
      "temporal_scope": "Upon observation of risk conditions",
      "compliance_status": "pending",
      "case_context": "Observed frozen pipe risks during site visit",
      "source_text": "Engineer A's duties under Sections 1.4 (faithful agent) and III.1.b (project won't be successful) require that Engineer A advise",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "Engineer_A_No_Investigation_Obligation",
      "obligation_class": "Competence Obligation",
      "obligated_party": "Engineer A",
      "obligation_statement": "No duty to investigate or recommend mitigation alternatives beyond scope",
      "derived_from": "Professional scope limitations",
      "enforcement_context": "Scope of engagement boundaries",
      "temporal_scope": "Current engagement",
      "compliance_status": "met",
      "case_context": "Limited to advising of observed risks only",
      "source_text": "Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives",
      "is_existing_class": true,
      "confidence": 0.85
    }
  ]
}
```
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: The Board of Ethical Review (BER) has addressed question surrounding an engineer’s duty to report risk to the public health, safety, and welfare on several occasions. For example, in BER Case 76-4 , Engineer was hired to confirm discharge’s effect on water quality will not be below standards. After analysis but before preparing a written report, Engineer verbally advises client that the discharge will reduce water quality below the standards and that remediation will be expensive. Client instructs Engineers not to file a written report, pays Engineer, and terminates the contract. Engineer learns that Client appeared at a public hearing with data showing compliance. Although this case is 45 years old and the specific words of the Code have changed in the interim, the concepts are unchanged. Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients. There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 90-5 , Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues. Engineer discovered serious structural defects which Engineer believes constitute an immediate threat to the safety of the tenants. Engineer immediately informed Attorney. Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit (which it is not – the tenants included no safety-related complaints). The BER found that Engineer’s obligation to protect the public health, safety, and welfare pre-empted Engineer’s duty of confidentiality to Attorney and Attorney’s client. Consequently, Engineer had an obligation to notify the tenants and the appropriate public authorities of the danger. [The BER did not discuss any consequences of the Attorney’s deceptive practices.] There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 17-3 , Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use. Forensic Engineer determined that the beam had suffered little enough damage that it could be re-used. However, Forensic Engineer was concerned that the beam appeared to be too light for the loads it carried, ran the appropriate structural calculations, and determined that the beam was seriously undersized. Forensic Engineer includes the information in the written report, expressing the concern that the deficient design had been repeated in other tract homes in the development of the same design. The BER held that Forensic Engineer had an obligation to notify individual homeowners, the local homeowners or community civic association, and local building officials of the findings. Again, there is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In the present case, there is no duty of confidentiality to the builder that would place any obligations of Engineer A in tension. That means that the inquiry is solely focused on whether Engineer A has a duty to intervene by notifying the homeowner.Were the circumstances only slightly different and Engineer A observed clearly hazardous conditions such as frayed, sparking wires or a displaced collar on a water heater that is almost certain to be releasing carbon monoxide, then public health, safety, and welfare would clearly be at risk. However, in the present case, the direct risks are the inoperability of the sprinkler system and property damage from flooding resulting from frozen pipes. If Engineer A has a duty to intervene, it would arise either because of an imminent risk to public health, safety, and welfare or from duties associated with Sections I.4 (faithful agent) and III.1.b (project won’t be successful). Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public’s health, safety, and welfare, triggering a duty to report the issue to the Owner/Client in writing. The BER holds that Engineer A’s duties under Sections 1.4 (faithful agent) and III.1.b (project won’t be successful) require that Engineer A advise the Owner in writing of the risks associated with frozen pipes. Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives. 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 22:19
LLM Response
```json
{
  "new_constraint_classes": [
    {
      "label": "Scope of Engagement Constraint",
      "definition": "Limitations on professional activities based on the specific terms and boundaries of the contracted engagement or retained services",
      "constraint_type": "procedural",
      "flexibility": "hard",
      "violation_impact": "Exceeding scope may result in liability, unpaid work, or professional misconduct claims",
      "mitigation_possible": "Can be mitigated through contract amendments or additional engagement agreements",
      "examples_from_case": ["Engineer hired to confirm discharge's effect on water quality", "Forensic Engineer retained to conduct post-arson evaluation of a beam"],
      "source_text": "Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues",
      "confidence": 0.85,
      "reasoning": "This constraint type limits engineers to specific tasks they were hired for, distinct from general competence or procedural constraints"
    },
    {
      "label": "Attorney-Client Privilege Constraint",
      "definition": "Boundaries on information disclosure when working as an expert within legal proceedings or attorney-client relationships",
      "constraint_type": "legal",
      "flexibility": "soft",
      "violation_impact": "May compromise legal proceedings, but can be overridden by public safety concerns",
      "mitigation_possible": "Can be overridden when public health, safety, and welfare are at immediate risk",
      "examples_from_case": ["Attorney instructs Engineer to keep information confidential since it is part of the lawsuit"],
      "source_text": "Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit",
      "confidence": 0.9,
      "reasoning": "Specific legal constraint arising from attorney-client relationships, distinct from general confidentiality constraints"
    }
  ],
  "constraint_individuals": [
    {
      "identifier": "BER_76-4_Reporting_Constraint",
      "constraint_class": "Procedural Constraint",
      "constrained_entity": "Engineer in BER Case 76-4",
      "constraint_statement": "Cannot file written report after client terminates contract and instructs not to file",
      "source": "Client instruction and contract termination",
      "enforcement_mechanism": "Contract termination and payment completion",
      "temporal_scope": "After verbal advisement but before written report",
      "severity": "major",
      "case_context": "Client prevented Engineer from documenting water quality non-compliance",
      "source_text": "Client instructs Engineers not to file a written report, pays Engineer, and terminates the contract",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "BER_90-5_Lawsuit_Scope_Constraint",
      "constraint_class": "Scope of Engagement Constraint",
      "constrained_entity": "Engineer in BER Case 90-5",
      "constraint_statement": "Limited to examining non-structural functionality issues only",
      "source": "Attorney retention for specific lawsuit matters",
      "enforcement_mechanism": "Terms of expert witness engagement",
      "temporal_scope": "During lawsuit proceedings",
      "severity": "major",
      "case_context": "Engineer discovered structural defects outside scope of non-structural investigation",
      "source_text": "Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "BER_90-5_Attorney_Confidentiality_Constraint",
      "constraint_class": "Attorney-Client Privilege Constraint",
      "constrained_entity": "Engineer in BER Case 90-5",
      "constraint_statement": "Must keep discovered structural defects confidential as part of lawsuit proceedings",
      "source": "Attorney instruction based on claimed lawsuit privilege",
      "enforcement_mechanism": "Attorney's assertion of privilege",
      "temporal_scope": "During ongoing lawsuit",
      "severity": "critical",
      "case_context": "Attorney wrongly claimed structural safety issues were part of lawsuit confidentiality",
      "source_text": "Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit",
      "is_existing_class": false,
      "confidence": 0.95
    },
    {
      "identifier": "BER_17-3_Post_Arson_Scope_Constraint",
      "constraint_class": "Scope of Engagement Constraint",
      "constrained_entity": "Forensic Engineer in BER Case 17-3",
      "constraint_statement": "Limited to evaluating beam damage from arson for possible re-use",
      "source": "Forensic engagement terms",
      "enforcement_mechanism": "Professional engagement agreement",
      "temporal_scope": "During post-arson evaluation",
      "severity": "minor",
      "case_context": "Engineer exceeded scope by calculating structural adequacy beyond fire damage",
      "source_text": "Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use",
      "is_existing_class": false,
      "confidence": 0.85
    },
    {
      "identifier": "Current_Case_Investigation_Constraint",
      "constraint_class": "Scope of Engagement Constraint",
      "constrained_entity": "Engineer A",
      "constraint_statement": "No duty to investigate or recommend mitigation alternatives for frozen pipe risks",
      "source": "BER determination of professional scope",
      "enforcement_mechanism": "Professional standards and BER ruling",
      "temporal_scope": "Current engagement",
      "severity": "minor",
      "case_context": "Engineer A limited to advising of risks, not investigating or solving them",
      "source_text": "Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives",
      "is_existing_class": false,
      "confidence": 0.95
    }
  ]
}
```
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: The Board of Ethical Review (BER) has addressed question surrounding an engineer’s duty to report risk to the public health, safety, and welfare on several occasions. For example, in BER Case 76-4 , Engineer was hired to confirm discharge’s effect on water quality will not be below standards. After analysis but before preparing a written report, Engineer verbally advises client that the discharge will reduce water quality below the standards and that remediation will be expensive. Client instructs Engineers not to file a written report, pays Engineer, and terminates the contract. Engineer learns that Client appeared at a public hearing with data showing compliance. Although this case is 45 years old and the specific words of the Code have changed in the interim, the concepts are unchanged. Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients. There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 90-5 , Engineer was retained as an expert by Attorney for the landlord-defendant in a lawsuit involving non-structural functionality issues. Engineer discovered serious structural defects which Engineer believes constitute an immediate threat to the safety of the tenants. Engineer immediately informed Attorney. Attorney instructs Engineer to keep the information confidential since it is part of the lawsuit (which it is not – the tenants included no safety-related complaints). The BER found that Engineer’s obligation to protect the public health, safety, and welfare pre-empted Engineer’s duty of confidentiality to Attorney and Attorney’s client. Consequently, Engineer had an obligation to notify the tenants and the appropriate public authorities of the danger. [The BER did not discuss any consequences of the Attorney’s deceptive practices.] There is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In BER Case 17-3 , Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use. Forensic Engineer determined that the beam had suffered little enough damage that it could be re-used. However, Forensic Engineer was concerned that the beam appeared to be too light for the loads it carried, ran the appropriate structural calculations, and determined that the beam was seriously undersized. Forensic Engineer includes the information in the written report, expressing the concern that the deficient design had been repeated in other tract homes in the development of the same design. The BER held that Forensic Engineer had an obligation to notify individual homeowners, the local homeowners or community civic association, and local building officials of the findings. Again, there is a clear risk to public health, safety, and welfare with a consequent clear duty to report. In the present case, there is no duty of confidentiality to the builder that would place any obligations of Engineer A in tension. That means that the inquiry is solely focused on whether Engineer A has a duty to intervene by notifying the homeowner.Were the circumstances only slightly different and Engineer A observed clearly hazardous conditions such as frayed, sparking wires or a displaced collar on a water heater that is almost certain to be releasing carbon monoxide, then public health, safety, and welfare would clearly be at risk. However, in the present case, the direct risks are the inoperability of the sprinkler system and property damage from flooding resulting from frozen pipes. If Engineer A has a duty to intervene, it would arise either because of an imminent risk to public health, safety, and welfare or from duties associated with Sections I.4 (faithful agent) and III.1.b (project won’t be successful). Frozen pipes could cause the sprinkler system to become inoperable, posing a potential risk to the public’s health, safety, and welfare, triggering a duty to report the issue to the Owner/Client in writing. The BER holds that Engineer A’s duties under Sections 1.4 (faithful agent) and III.1.b (project won’t be successful) require that Engineer A advise the Owner in writing of the risks associated with frozen pipes. Engineer A does not, however, have a duty to investigate or to recommend mitigation alternatives. 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 22:20
LLM Response
```json
{
  "new_capability_classes": [
    {
      "label": "Risk Assessment and Prioritization Capability",
      "definition": "The competency to evaluate and prioritize risks based on their potential impact on public health, safety, and welfare versus property damage",
      "capability_type": "analytical",
      "norm_competence_related": "Enables proper fulfillment of duty to protect public health, safety, and welfare while balancing other professional obligations",
      "skill_level": "advanced",
      "acquisition_method": "Professional experience, case study analysis, ethics training",
      "examples_from_case": ["Distinguishing between sparking wires (immediate danger) and frozen pipes (property risk)", "Evaluating whether sprinkler system failure poses public safety risk"],
      "source_text": "clearly hazardous conditions such as frayed, sparking wires or a displaced collar on a water heater that is almost certain to be releasing carbon monoxide",
      "confidence": 0.85,
      "reasoning": "Existing ontology lacks capability for distinguishing and prioritizing different types of risks (life safety vs property damage)"
    },
    {
      "label": "Forensic Engineering Capability",
      "definition": "The competency to conduct post-incident structural evaluations and identify both immediate and underlying safety issues",
      "capability_type": "technical",
      "norm_competence_related": "Enables identification of hidden structural defects that may pose public safety risks beyond the immediate scope of investigation",
      "skill_level": "expert",
      "acquisition_method": "Specialized forensic engineering training, structural analysis education, field experience",
      "examples_from_case": ["Post-arson beam evaluation", "Identifying undersized beam beyond original scope"],
      "source_text": "Forensic Engineer was retained to conduct a post-arson evaluation of a beam for possible re-use",
      "confidence": 0.9,
      "reasoning": "Specific forensic engineering competency not covered in existing technical capability classes"
    },
    {
      "label": "Duty Hierarchy Resolution Capability",
      "definition": "The competency to resolve conflicts between competing professional duties by properly prioritizing obligations according to ethical codes",
      "capability_type": "ethical",
      "norm_competence_related": "Enables proper resolution when duties to clients, employers, and public are in tension",
      "skill_level": "advanced",
      "acquisition_method": "Ethics education, professional development, case law study",
      "examples_from_case": ["Resolving conflict between confidentiality to attorney and public safety", "Prioritizing public welfare over client instructions"],
      "source_text": "Public health, safety, and welfare are the paramount concern of every engineer and pre-empt any obligation to clients",
      "confidence": 0.8,
      "reasoning": "Existing ontology lacks specific capability for resolving ethical duty conflicts"
    }
  ],
  "capability_individuals": [
    {
      "identifier": "Engineer_Water_Quality_Analysis",
      "capability_class": "Technical Capability",
      "possessed_by": "Engineer in BER Case 76-4",
      "capability_statement": "Analyze discharge effects on water quality against regulatory standards",
      "demonstrated_through": "Conducted water quality analysis for client",
      "proficiency_level": "expert",
      "enables_obligations": "Duty to ensure environmental compliance and protect public health",
      "temporal_aspect": "During environmental impact assessment",
      "case_context": "Hired to confirm discharge's effect on water quality standards",
      "source_text": "Engineer was hired to confirm discharge's effect on water quality will not be below standards",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "Engineer_Structural_Safety_Assessment",
      "capability_class": "Technical Capability",
      "possessed_by": "Engineer in BER Case 90-5",
      "capability_statement": "Identify serious structural defects constituting immediate safety threats",
      "demonstrated_through": "Discovery of structural defects during non-structural investigation",
      "proficiency_level": "expert",
      "enables_obligations": "Duty to protect public safety from structural hazards",
      "temporal_aspect": "During expert witness engagement",
      "case_context": "Discovered safety issues while serving as expert witness",
      "source_text": "Engineer discovered serious structural defects which Engineer believes constitute an immediate threat to the safety of the tenants",
      "is_existing_class": true,
      "confidence": 0.95
    },
    {
      "identifier": "Forensic_Engineer_Beam_Analysis",
      "capability_class": "Forensic Engineering Capability",
      "possessed_by": "Forensic Engineer in BER Case 17-3",
      "capability_statement": "Evaluate fire-damaged structural members and identify design deficiencies",
      "demonstrated_through": "Post-arson structural evaluation and load calculations",
      "proficiency_level": "expert",
      "enables_obligations": "Duty to identify and report structural safety hazards",
      "temporal_aspect": "Post-incident investigation",
      "case_context": "Discovered undersized beam during fire damage assessment",
      "source_text": "ran the appropriate structural calculations, and determined that the beam was seriously undersized",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "Engineer_A_Risk_Prioritization",
      "capability_class": "Risk Assessment and Prioritization Capability",
      "possessed_by": "Engineer A",
      "capability_statement": "Distinguish between immediate life safety risks and property damage risks",
      "demonstrated_through": "Analysis of frozen pipe risks versus immediate hazards",
      "proficiency_level": "advanced",
      "enables_obligations": "Duty to appropriately respond based on risk severity",
      "temporal_aspect": "During site observation",
      "case_context": "Evaluating whether frozen pipes constitute public safety risk",
      "source_text": "the direct risks are the inoperability of the sprinkler system and property damage from flooding resulting from frozen pipes",
      "is_existing_class": false,
      "confidence": 0.85
    },
    {
      "identifier": "BER_Duty_Resolution",
      "capability_class": "Duty Hierarchy Resolution Capability",
      "possessed_by": "Board of Ethical Review",
      "capability_statement": "Resolve conflicts between confidentiality duties and public safety obligations",
      "demonstrated_through": "Multiple case rulings prioritizing public welfare",
      "proficiency_level": "expert",
      "enables_obligations": "Proper ethical guidance for professional engineers",
      "temporal_aspect": "During ethical review proceedings",
      "case_context": "Consistent rulings that public welfare pre-empts client obligations",
      "source_text": "Engineer's obligation to protect the public health, safety, and welfare pre-empted Engineer's duty of confidentiality",
      "is_existing_class": false,
      "confidence": 0.9
    },
    {
      "identifier": "Engineer_A_Written_Communication",
      "capability_class": "Technical Writing Capability",
      "possessed_by": "Engineer A",
      "capability_statement": "Advise Owner in writing of risks associated with frozen pipes",
      "demonstrated_through": "Required written notification to owner",
      "proficiency_level": "intermediate",
      "enables_obligations": "Duties under Sections I.4 and III.1.b",
      "temporal_aspect": "After identifying frozen pipe risks",
      "case_context": "Written communication of property and safety risks to owner",
      "source_text": "require that Engineer A advise the Owner in writing of the risks associated with frozen pipes",
      "is_existing_class": true,
      "confidence": 0.95
    }
  ]
}
```