Obligation-Conflict Resolution
Case 92-6 (1992) · Public Welfare - Hazardous Waste
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Engineer B Hazardous Waste Sample Analysis Direction Suppression
prevails over
Engineer B Intentional Sample Analysis Disregard Prohibition
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Business-Motivated Regulatory Suppression Instruction
Technician A Supervisor Documentation-Only Instruction Refusal
prevails over
Technician A Supervisor Sample-Documentation-Only Instruction Refusal
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Technician A Subordinate Compliance Dilemma
Engineer B Hazardous Material Analysis Recommendation to Client
prevails over
Engineer B Hazardous Waste Euphemistic Characterization Prohibition
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Business-Relationship-Driven Vague Hazard Communication
Engineer B Client Long-Term Interest Legal Compliance Advisory
prevails over
Engineer B Business Relationship Non-Subordination Hazardous Material Disclosure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Business-Relationship-Driven Vague Hazard Communication
Featured
BER 89-7 Structural Engineer Public Authority Safety Reporting
prevails over
BER 89-7 Structural Engineer Confidentiality Non-Override Public Safety Reporting
the yielding obligation gives way only under (defeasibleUnder):
- BER 89-7 Confidentiality Agreement Suppressing Safety Report
- BER 89-7 Out-of-Scope Code Violation in Occupied Building Sale
Engineer B Confidentiality Non-Override Public Danger Hazardous Waste
prevails over
Engineer B Business Relationship Non-Subordination Hazardous Material Disclosure
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Business-Relationship-Driven Vague Hazard Communication
BER 90-5 Forensic Engineer Attorney-Directed Confidentiality Non-Override Structural Safety
prevails over
BER 90-5 Forensic Engineer Confidentiality Non-Override Imminent Structural Safety
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- BER 90-5 Attorney-Directed Concealment of Imminent Structural Danger
Engineer B Hazardous Waste Federal State Authority Notification
prevails over
Engineer B Business Relationship Non-Subordination Hazardous Material Disclosure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Business-Relationship-Driven Vague Hazard Communication
BER 89-7 Structural Engineer Client Safety Violation Insistence or Withdrawal
prevails over
BER 89-7 Structural Engineer Passive Acquiescence Safety Violation Non-Reporting
the yielding obligation gives way only under (defeasibleUnder):
- BER 89-7 Out-of-Scope Code Violation in Occupied Building Sale
Engineer B Safety Obligation Hazardous Waste Public Welfare
prevails over
Engineer B Business Relationship Non-Justification Regulatory Reporting
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Business-Relationship Preservation Displacing Regulatory Reporting
Open tensions recorded without a resolution:
BER 89-7 Structural Engineer Client Safety Violation Insistence or Withdrawal vs BER 89-7 Structural Engineer Confidentiality Non-Override Public Safety Reporting
BER 89-7 Structural Engineer Passive Acquiescence Safety Violation Non-Reporting vs BER 89-7 Structural Engineer Public Authority Safety Reporting
Engineer B Confidentiality Non-Override Public Danger Hazardous Waste vs Engineer B Hazardous Waste Federal State Authority Notification
What the board concluded
- It was unethical for Engineer B to merely inform the client of the presence of the drums.
- It was unethical for Engineer B to fail to advise his client that he suspected hazardous material and provide a recommendation concerning removal and disposal in accordance with federal, state and local laws.
How comparable cases resolved the same tension
BER 89-7 Structural Engineer Confidentiality Non-Override Public Safety Reporting yields to BER 89-7 Structural Engineer Public Authority Safety Reporting. The yielding obligation ("BER 89-7 Structural Engineer Confidentiality Non-Override Public Safety Reporting") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
09-10
Withholding Information Useful to...
|
Review Engineer A Peer Review Safety Code Sequential Escalation BER 96-8 | Review Engineer A Confidentiality Non-Override of Public Safety BER 96-8 | BER 96-8 Peer Review Safety Violation Discovery |
|
90-5
Failure To Report Information Affecting...
|
Current Case Engineer A Tenant Direct Notification Imminent Structural Danger | Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure | Attorney Confidentiality Instruction Over Immediate Safety Findings; Current Case: Public Safety at Risk — Imminent Structural Danger to Tenants; Immediate Structural Threat to Tenant Safety |
|
00-5
Public Welfare—Bridge Structure
|
BER 90-5 Engineer Attorney-Directed Confidentiality Non-Override Imminent Occupant Safety | BER 90-5 Engineer Confidentiality Scope Limitation Public Danger Disclosure | BER 90-5 Attorney-Directed Safety Concealment in Litigation |
|
19-10
Public Health and Safety— Observed...
|
Engineer A Certificate of Occupancy Authority Re-Notification Structural Deficiency | Engineer A Confidentiality Non-Bar Structural Disclosure County Official | Public Safety at Risk — Structural Instability |
|
10-5
Public Health and Safety—Observing...
|
Engineer A Out-of-Scope Adjacent Safety Observation Non-Mandatory Response | Engineer A Adjacent Third-Party Safety Disclosure Owner Y | Engineer A Out-of-Scope Adjacent Site Safety Observation; Engineer A Personal Conscience Discretion on Adjacent Site Safety; Potential Unconfirmed Safety Risk – Adjacent Subcontractor Work |