If Engineer A determines that Engineer B’s work is or may be in violation of state and local safety requirements and endangers public health, safety and welfare, the appropriate action is for Engineer A to immediately discuss these issues with Engineer B in an effort to seek clarification and early resolution of this issue. If Engineer A and Engineer B are unable to resolve the issue, Engineer A must inform Engineer B that as a professional engineer, his only alternative is to notify and inform the proper authorities as indicated above.

In recent years, various professions, including groups within the engineering profession, have successfully developed peer review programs. These voluntary programs have been immensely successful in creating a mechanism whereby professionals in a collegial atmosphere can work with one another in an effort to understand and improve professional practice. This can be accomplished by analyzing and evaluating the actions, decisions, and techniques of the professional and offering constructive and, at times, critical feedback. Peer review enhances professional practice. One of the hallmarks of engineering peer review programs has been the fact that such programs are built on a foundation of confidentiality, whereby an individual agreeing to serve as a peer reviewer must sign a “confidentiality agreement” in which the peer reviewer agrees not to disclose information that is revealed to the peer reviewer about the firm being reviewed during the course of the peer review process. There are sound reasons for such an approach. Firms being peer reviewed should be encouraged to provide as much pertinent detailed information to the peer reviewer to allow the peer reviewer the opportunity to perform a thorough evaluation of the firm, and confidentiality helps to assure that the maximum amount of disclosure will occur. In addition, confidentiality helps build trust between the parties involved in the peer review process and promotes an atmosphere that will improve the likelihood that the peer review process will be mutually productive and ultimately successful. While the merits of confidentiality are clear, the Board of Ethical Review is faced with a situation in the present case where Engineer A, the engineer performing the peer review, discovers that the work of the engineer being peer reviewed, Engineer B, may be in violation of state and local safety code requirements and could endanger public health and welfare. This ethical dilemma appears to involve two separate provisions ...

Engineer A serves as a peer reviewer as part of an organized peer review program developed to assist engineers in improving their professional practice. When originally selected as a peer reviewer, Engineer A is asked to sign a “confidentiality agreement” whereby Engineer A agrees not to disclose confidential information involving peer-reviewed firms. As part of a peer review visit, Engineer A visits Engineer B’s firm. Following a review of the technical documentation in connection with a series of recent design projects involving Engineer B’s firm, Engineer A discovers that Engineer B’s work may be in violation of state and local safety code requirements and could endanger public health, safety, and welfare.

What are Engineer A’s ethical responsibilities under the circumstances?

II.1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Subject Reference Unethical Practice by Others III.4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. Subject Reference Confidential Information II.1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Subject Reference Unethical Practice by Others II.1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Subject Reference Unethical Practice by Others II.1.e. II.1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Subject Reference Unethical Practice by Others Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Subject Reference Unethical Practice by Others Subject Reference Unethical Practice by Others Unethical Practice by Others III.4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. Subject Reference Confidential Information III.4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. Subject Reference Confidential Information III.4. III.4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. Subject Reference Confidential Information Engineers shall not disclose, without consent, confidential informatio...