July/August 2019

On Ethics: You be the Judge
The Case of the Missing Experience

Questions arise when an engineer intern is named project lead.

What Do You Think?

Would it be ethical for Alt, a licensed professional engineer, to work on an assignment for which the project lead is an engineer intern?

What the Board of Ethical Review Said

Engineering licensure laws are in place to safeguard the public health, safety, and welfare. The engineering license is the means by which an individual is determined to demonstrate the technical and professional competence to practice engineering consistent with the public interest. Licensed professional engineers have an ethical obligation to practice engineering consistent with the law and regulations and to prevent unqualified individuals from practicing professional engineering.

The NSPE Board of Ethical Review has examined this critical link between engineering licensure and the public in other situations involving an engineer intern. In BER Case No. 92-1, an engineer intern was incorrectly identified in his firm’s marketing material as an electrical engineer, even though his education was in mechanical engineering.

Additionally, BER Case 76-1 covers two examples. One involves a junior engineer reviewing the work of a PE. The other involves a decision to use one PE’s design of a structure over another PE’s design.

In the current case, the Board of Ethical Review believes the facts and conclusions in BER Case 92-1, which also involved an engineer intern, were somewhat different than in the present case, but similar in some respects to the examples in BER Case 76-1.

In Case 92-1, there was the potential for an overt public misrepresentation regarding the qualifications of Engineer A, which could result in misleading or deceiving third parties who might depend or rely on Engineer A’s qualifications as a professional engineer. In BER Case 76-1, the Board considered some of the same factors in the present case—a junior engineer reviewing the work of a professional engineer.

Based on these facts, the Board is not in a position to judge the management structure of Eshbach Engineering and whether there are management or other considerations (in contrast to technical or professional considerations) involved in its decision to assign project lead status to Jung. Having said that, it is the BER’s decision that in the event Alt is required to sign and seal any engineering drawings, plans, specifications, reports, or other documents, he will need to exercise the requisite “responsible charge”—direct control and personal supervision—over the engineering design work and be satisfied that the engineering work meets applicable engineering standards before he can sign and seal the work. In addition, Alt must also review the state engineering licensing laws and regulations to determine these requirements and, if necessary, discuss these issues with his immediate supervisor or other managers as appropriate.

Conclusion

It would not be unethical for Alt, a licensed professional engineer, to work on an assignment for which the project lead is an engineer intern.

NSPE Code References

II.1., II.1.a., II.1.e., II.2.a., II.2.b., II.2.c.

For more information, see Case No. 15-6.