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On Ethics: You Be The Judge
A Change in Plans
Situation
Pete Cole is a licensed professional engineer in several states and works for a design-build company that provides engineering design and construction services for the coal mining industry. The firm provides a complete turnkey project, including design and construction of conveying systems, screen and crushing buildings, preparation plants, and stacking tubes. The state requires an “engineer-in-charge” to be listed for the firm to practice engineering in the state, and Cole serves in that role. Cole performs all structural design calculations for facilities, trusses, retaining walls, tunnels, and other areas, and he oversees the structural layout drawings that are provided to in-house detailers.
Recently, Cole became aware that in some cases his engineering designs were not being detailed according to the drawings. In other cases, his engineering designs were being changed following his final review with the field personnel, and items were not installed in accordance with approved drawings. In addition, Cole has learned that the construction project manager, the engineering manager, and the VP for construction have made structural design decisions (regarding sizing beams, replacing deteriorating structures with new components, and revising splice plate locations) without his knowledge or input. Although the VP for construction has 35 years of field experience, none of these managers or officers have engineering degrees and are unable to perform engineering calculations. Cole has no management authority over any of these positions. Although state law does not require him to sign or seal the documents, there is limited inspection, and the federal Mine Safety and Health Administration appears not to be concerned about aboveground facility code requirements unless there is an accident on the site.
What Do You Think?
What are Cole’s ethical responsibilities under the circumstances?
What the Board of Ethical Review Said
The most fundamental and basic ethical obligation of an engineer is to hold paramount the public health, safety, and welfare. Over the years, the NSPE Board of Ethical Review has made this essential point on numerous occasions in many of its opinions.
In this case, it is the Board’s view that Cole has an ethical obligation to take action to address concerns relating to the design and construction processes and procedures. There may have been a justification or explanation for some of the decisions made by management personnel. The fact that Cole’s final drawings were changed without his knowledge or input and that changes were made in the field in a manner inconsistent with Cole’s final drawings raises serious and potentially troubling questions and doubts about the integrity and the management of the company’s design and construction practices. Regardless of the fact that state law does not require Cole to sign and seal the engineering documents, the work performed by Cole is his professional work product, and as the “engineer-in-charge” under state law, Cole is responsible and accountable for the engineering design.
Conclusion
Cole has an ethical responsibility to take all necessary and appropriate steps to pursue his concerns within the company. If after pursuing those concerns internally Cole is unable to satisfactorily resolve his concerns, he should notify public officials at the local, state, and federal levels, as appropriate.
NSPE Code References
Section I.1.: Engineers, in the fulfillment of their professional duties, shall hold paramount the safety, health, and welfare of the public.
Section II.1.: Engineers shall hold paramount the safety, health, and welfare of the public.
Section II.1.a.: If engineers’ judgment is overruled under circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate.
Section II.1.b.: Engineers shall approve only those engineering documents that are in conformity with applicable standards.
Section II.1.f.: Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in furnishing such information or assistance as may be required.
Section III.1.b.: Engineers shall advise their clients or employers when they believe a project will not be successful.
Section III.2.b.: Engineers shall not complete, sign, or seal plans and/or specifications that are not in conformity with applicable engineering standards. If the client or employer insists on such unprofessional conduct, they shall notify the proper authorities and withdraw from further service on the project.
Section III.8.a.: Engineers shall conform with state registration laws in the practice of engineering.
For more information, see BER Case No. 14-4.
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