Public Duty
It is not unexpected that the public duty is given priority over all other duties in the codes of ethics for professional architecture, engineering, and geoscience governing bodies because they were created to safeguard the public interest. Negligence lawsuits and the loss of the ability to practise can come from disregard for the safety of the public. This obligation also includes the responsibility to refrain from taking on tasks for which one is incompetent. Professionals occasionally encounter challenging ethical circumstances. Employers and clients occasionally demand them to compromise their professional judgement in order to cut costs or serve the interests of the client or employer. Professionals may become embroiled in more conflict as a result of this pressure if losing their jobs is a potential outcome.
The professional’s choice in these circumstances must be unambiguous, though: The public’s interest in safety must take precedence over all other obligations. However, the public’s role extends beyond safety. It also entails a responsibility to behave honourably and honestly. Professionals are required to act impartially and independently toward all parties. For instance, while making investment decisions, the general public has to be able to rely on expert reports. They must be able to infer that the expert who prepared the report thought the information was accurate.
The obligation to the public is a common focal point in negligence cases. In these situations, the plaintiff must establish beyond a reasonable doubt that the defendant fell short of the standard of care required by an ordinary expert in the field. Due to this, the plaintiff frequently requests an expert witness’ testimony. A severe charge should not be made unless the violation is apparent when one professional claims another’s work is not professional. Because of this, expert witnesses cannot speak for the other side as hired guns. The court will receive assistance from experts in understanding complex issues. Experts lose credibility and independence when they take on the role of an advocate. Concerns about public safety fall within the public’s duty category. The engineer must reevaluate the design with her superior and must not reduce the size of the members in accordance with her duty to ensure public safety. If the superior is also an engineer, the junior engineer must also mention her professional obligation to inform the public of her concerns regarding her superior’s breach of duty.
For the Client
Usually, the obligation to the public comes first before the obligation to the client. The Association of Professional Engineers and Geoscientists of Saskatchewan’s (APEGS) Code of Ethics lists the following obligations to the customer, which are typical of those in other codes of ethics: Members and licensees must conduct themselves with fairness, courtesy, and good faith toward clients, colleagues, employees, and others. They must also act as faithful agents of their clients or employers, maintain confidentiality, avoid conflicts of interest, and clearly explain to clients and employers the potential repercussions if professional decisions or judgments are overruled or ignored.
Additionally, it is against the law for architects, engineers, and geoscientists to accept money from anyone whose interests clash with those of a current client or to take on any project where their own interests might be at odds with that of the client. The engineer will be in conflict between the interests of the client and his or her own interests, for instance, if the client hires the engineer to seek zoning approval for a development that will lower the value of nearby properties and the engineer owns property in the vicinity. However, the engineer may be able to avoid a conflict of interest issue by fully disclosing this to the client. The architect, engineer, or geoscientist may learn about some confidential information while carrying out their duties. 12 An architect, for instance, is typically aware of a client’s construction budget. This information must be kept private because it could be used against the owner by a contractor submitting a bid or working on the project. Where the obligation to the public requires disclosure, the duty of confidentiality is exempt.
The public, the industry, and the client are all owed duties by the engineer. Engineers have a duty to their clients to keep problems confidential, but they also have a duty to the public and to their profession to disclose problems. The engineer must disclose the issue because the public has a higher standard of care than the owner.