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Engineer and Layer

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Submitted By hawkking79
Words 804
Pages 4
Name: HUY HUYNH
Class: PHIL-370
Instructor: Michael Davis
Third Paper
ENGINEERS AND LAYERS
Ornella Muti, P.E., was retained by plaintiff’s attorney to evaluate a transponder used in small planes to determine whether it could have been the cause of a mid-air collision. While doing the evaluation, Muti discovered that the transponder has a flaw which, though unrelated to the collision, might well cause another dangerous error, failure to respond during the approach to landing if the ambient temperature is too high. Since this second flaw both concerns public safety and was unrelated to the case, Muti sent a senior engineer at the defendant company a copy of the relevant parts of her report when she sent the entire report to the plaintiff’s attorney, telling the attorney what she had done. Plaintiff’s attorney then filed a complaint with us, alleging breach of confidentiality, breach of contract, and other unprofessional conduct. The case is pretty simple to understand. Muti was hired by a plaintiff’s attorney to investigate a transponder whether it caused a mid-air collision. While doing so, she found an unrelated flaw that could cause a hazard. She sent a second engineer at the defendant company parts of her report, and then sent a full report to the plaintiff’s attorney, telling about the second engineer. The attorney filed a complaint against Muti. The case itself has a few ambiguous details. We have made the following assumptions to clarify these ambiguities so that we have a clear focus of the case. The report sent by second engineer only contained information about the second flaw. Muti’s report to the attorney contained information about the investigation and a clause about the second flaw. The attorney’s complaint is based only on the partial report that Muti sent to the second engineer. According to NSPE Code of Ethics, “engineers, in the fulfillment of their professional duties, shall hold paramount the safety, health, and welfare of the public” (NSPE I.1). “Engineers shall at all times strive to serve the public interest” (NSPE III.2). Sending the report was within Muti’s professional responsibility as she held the safety of the public paramount. The second flaw is even though unrelated to the collision that Muti is currently investigating, it could cause another dangerous error, failure to respond during the approach to landing if the ambient temperature is too high. In other words, the flaw could cause a land crash. Knowing such a possibility to a hazard, Muti did a right thing by letting the defendant company know about the flaw. Everything she did was within her professional responsibilities and professional obligations. Using the assumption of what was in the secondary report, its contents do not breach NSPE II.4, “Engineers, in the fulfillment of their professional duties, shall act for each employer or client as faithful agents or trustees”, as she sent some other engineer to forward the report thus keeping her out of conflict of interest. She did her part as being an investigator, whether she found out about her goal of the investigation or not, she sent the entire report to her employer. She is very faithful when she told her client about the second flaw and that she told the defendant company about it. Muti was in accordance with NSPE II.3.1, “Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statement, or testimony, which should bear the date indicating when it as current”, as she told her employer what she had done by reporting a secondary flaw to the defendant company. Everything she did, she did while staying within the limits of her contract and of the NSPE code. Muti’s actions reflect what a professional engineer should do when presented with such a case. She remained loyal to her company without breaching confidentiality and maintaining her professional duty to the public. Her actions could prevent so much trouble for her in the future. Imaging she could keep silence from the second flaw, if anything goes wrong, there could be a hazard from that flaw, they would make an investigation on the transponder and would know that Muti did the previous investigation on it. They could come up with a theory against Muti that she probably knew about the flaw but kept silence. Muti could be in serious problem and could have to go to court. After all, she may however be legally responsible, but that is for the layers to decide.

Bibliography: 1. National Society of Professional Engineer. Code of Ethics for Engineers. July 2007. 21 April 2014 http://www.nspe.org/resources/ethics/code-ethics 2. FEANI Code of Conduct 3. Ibo van de Poel, Lamer Royakkers. Ethics, Technology, and Engineering: An Introduction [Paperback]. 1. Wiley-Blackwell, 2011

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