Professional Documents
Culture Documents
PROFESSIONAL PRACTICE
Re-evaluating the Duty
to Report
PEO’s definition of professional misconduct makes a
practitioner’s failure to report a situation that the
practitioner believes endangers the safety or
welfare of the public an offence for which the prac-
b y B e r n a r d E n n i s , P. E n g . titioner can be disciplined. Some see exercising this
duty to report as a career-ending proposition, but
S
ome professional engineers react
to the “duty to report” as though that doesn’t have to be the case.
it were an order to behave like an
overly suspicious citizen of a police
state. On the other hand, there are those Second, the duty to report need not ing, experience and competence. Though
who see it as an obligation for every engi- always result in a conflict, especially if engi- each professional engineer “shall regard the
neer to save the world, regardless of con- neers make every effort to present their practitioner’s duty to protect the public wel-
sequences to themselves or their careers. opinions in an assertive but constructive fare as paramount” (section 77(2)i,
As with most contentious issues, reality manner so as to avoid a dispute. Reporting Regulation 941), the duty to report isn’t
lies somewhere in between. to an employer that a punch press needs intended to make professional engineers
A major reason for these extreme atti- to be shut down due to inadequacy of a full-time guardians of the public interest,
tudes is that some engineers tend, incor- mechanical guard isn’t likely to be met responsible for pointing out all of society’s
rectly, to see the duty to report entirely with resistance, if the engineer explains faults. Instead, they are expected to report
in terms of “whistleblowing.” But the risks in terms of both worker safety only on those issues that come to their atten-
whistleblowing refers to exceptional cases and corporate liability. To reinforce the tion during the course of their profession-
where a person must go public to deal presentation, the engineer should bring al practice. This is why references to the
with an otherwise irresolvable situation. to the employer’s attention the require- duty to report emphasize clients and employ-
It is a final step and can usually be avoid- ments of any applicable legislation, stan- ers; rarely would professional engineers have
ed if engineers deal with problems in an dards, or codes. Have proposals for solu- sufficient awareness and knowledge of sit-
appropriately professional manner from tions ready. Framing the presentation in uations outside of their usual practice that
the beginning. a way that addresses the interests of they could be compelled to report them.
employers or clients will give them own- And, unless engineers have the appropriate
Misconceptions ership of the problem and compel them authority to make changes or order work,
Let’s clarify what the duty to report is not. to deal with it. their duty is only to report, not to solve the
First, it is not a program to pit engi- Third, the duty to report shouldn’t be problem. Often, the responsibility for solv-
neer against engineer in an effort to police exercised anonymously. Professional engi- ing the problem rests with someone else.
the profession. Most situations that com- neers must exhibit their professionalism The engineer is required only to make that
pel engineers to make reports do not even in every aspect of their work. They must person aware of the situation.
involve another engineer. These may be always be willing to defend their opinions, However, although limited, a profes-
cases where engineers in the course of their including those about a client’s safety prob- sional engineer’s duty to report is a legislat-
work notice unsafe conditions, such as a lems or the competence of another engi- ed obligation mandated by section 72(2)(c)
damaged beam or improperly grounded neer. Such opinions must always be first of Regulation 941, which defines profes-
equipment, in a client’s facility or opera- made openly and constructively to the per- sional misconduct as, among other things,
tion. Or an engineer may discover that an son concerned. Work with that person to the “failure to act to correct or report a sit-
employer’s quality assurance program is resolve the issue. Unless the person is com- uation that the practitioner believes may
not able to identify a particular kind of pletely uncooperative, there is no need to endanger the safety or the welfare of the
flaw that will make a product unsafe. Upon alert others to the situation. public.” In other words, in exchange for the
discovery of such problems, the engineer Professional engineers should also know right to practise provided by society, a pro-
must bring them to the attention of some- that their duty to report is rather limited, fessional engineer must report any situation
one who has authority or responsibility to relating only to situations where they apply he or she believes may endanger the safety
deal with the situation. judgment based on their professional train- or welfare of the public.
22 E N G I N E E R I N G D I M E N S I O N S – J U L Y / A U G U S T 2 0 0 3
Share the Profession’s
Proudest Moments
But not every situation where an engineer Attend the Ontario Professional Engineers Awards Gala
thinks something might be amiss and must Friday, November 14, 2003
be reported is a case of professional duty. Toronto Airport Marriott
And engineers should not confuse profes- 901 Dixon Rd., Etobicoke, Ontario
sional duties with duties that might arise Reception: 6:00 p.m. Dinner: 7:00 p.m.
from other relationships–be they legislated, Dress: Black tie preferred; business attire acceptable
contractual or moral. Although one must
fulfil legislated and contractual obligations,
moral obligations are matters of personal The Gold Medal The Citizenship Award
conscience on which an individual may or H. Douglas Barber, Ph.D., P.Eng. Peter Hiscocks, P.Eng.
may not decide to act. Retired President and Chief Executive Officer Professor, Department of Electrical and
For example, a professional engineer Gennum Corporation Computer Engineering
Ryerson University
might be aware that a client or co-worker has
a personal problem, such as drug or alco-
hol abuse. Being a professional does not The Engineering Medal
usually impose a duty to report this situa- Engineering Excellence Research and Development
tion, although the engineer might have a
Wayne Doran, P.Eng. Levente L. Diosady, Ph.D., P.Eng.
duty as a friend, client’s agent, or employ-
Chief Technology Officer Professor of Food Engineering
ee to report such activities. But these duties Payment Solutions Division Department of Chemical Engineering and
are separate from, and should not be con- NCR Corporation Applied Chemistry, University of Toronto
fused with, a professional duty to report.
Of course, if these personal problems lead Young Engineer Entrepreneurship
to situations that can be judged from an Hanif Ladak, Ph.D., P.Eng. William Rowan, P.Eng.
engineering perspective to create a danger to Department of Medical Biophysics Principal, Rowan Williams Davies & Irwin Inc.
the public, the engineer is obliged to deal Department of Electrical and
Computer Engineering Larry E. Seeley, Ph.D., P.Eng.
with the situation. University of Western Ontario President and Chief Executive Officer
Associate Scientist SGS Lakefield Research Ltd.
Proper course of action Robarts Research Institute
What should engineers do if they discover Management
situations that endanger safety or the pub- Jennifer Moylan, P.Eng. Henry Edamura, P.Eng.
Director, Product Management
lic welfare? Because each situation is differ- CaseBank Technologies
Partner and Senior Vice President
ent, engineers should judge how to proceed Marshall Macklin Monoghan Ltd.
based on the particular facts of each case.
In most cases, however, here is how you Keynote speaker: Gord Miller, Environment Commissioner of Ontario
should try to deal with situations endan- Order your tickets now, using the form below.
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real and that you have correctly form or send cheque payable to Professional Engineers Ontario Awards, 25 Sheppard Ave. W.,
assessed the potential harm that Suite 1000, Toronto, ON M2N 6S9. Telephone: 416-224-9528 or 1-800-339-3716, ext. 403
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supporting information, such as legis-
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E N G I N E E R I N G D I M E N S I O N S – J U L Y / A U G U S T 2 0 0 3 23
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24 E N G I N E E R I N G D I M E N S I O N S – J U L Y / A U G U S T 2 0 0 3