Exam NPPE Topic 1 Question 38 Discussion

Actual exam question for APEGS's NPPE exam
Question #: 38
Topic #: 1

A senior licensed professional engineer was hired by a municipality to be an expert witness in a lawsuit brought by the municipality against a local engineering Arm for flaws in their structural design of the newly opened city hall. During the course of Investigating the facts, the senior engineer discovers a serious structural design flaw that could be dangerous to the public if corrective action is not token immediately. The two parties decide to settle out of court, and as port of the settlement, the parties enter into a confidentiality agreement and the engineering firm rectifies oil structural flows to the municipality's satisfaction. The municipality that hired the senior engineer requests that the senior engineer keep aII facts learned during the investigation confidential.
TO whom does the engineer owe a duty and what. If any, action should the engineer take?

A. The engineer owes a duly to the client only; the engineer should keep all facts confidential. B. The engineer owes a duty to the client and to the profession; the engineer should keep all facts found during the investigation confidential due to the confidentiality agreement. C. The engineer owes a duty to the public, the client, and the profession; the engineer should keep all facts found during the Investigation confidential due to the confidentiality agreement. D. The engineer owes a duty to the public, the client, and the profession; the engineer should disclose all facts found during the investigation despite the confidentiality agreement as the public could have been at risk.

Suggested Answer: D Vote an answer

The engineer in this scenario owes a duty to the public, the client, and the profession. The discovery of a serious structural flaw that could be dangerous to the public necessitates that the engineer must prioritize the safety of the public over confidentiality agreements, especially when the public's safety is at risk. This aligns with the professional obligation of engineers to hold paramount the safety, health, and welfare of the public as outlined in the general principles of engineering ethics and professional conduct codes, such as those by Engineers Canada. Therefore, despite the confidentiality agreement, the engineer should disclose all facts found during the investigation.

by Susan at Nov 21, 2024, 07:47 PM

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