Ethics of unlicensed practice reports
Ethics of unlicensed practice reports
(OP)
In my business, I have been in a position where I am increasingly aware of unlicensed practice of engineering or architecture. My question is at what point is it unethical to NOT report unlicensed practice:
Two different examples:
1. 10 foot hight retaining wall constructed with no permits, no drainage provisions, obvious construction problems. In my mind, this is an obvious danger to public health and safety and needs to be reported.
2. Structural engineers performing architecture in instances where our state statues clearly require a licensed architect (e.g. significant buildings, schools). Smaller municipalities turn there back to this practice and it is considered unethical by many in my profession to "turn people in". If these individuals knowingly continue to break the law, don't we have an ethical obligation to report his practice to the board?
Any thoughts would be appreciated!
Two different examples:
1. 10 foot hight retaining wall constructed with no permits, no drainage provisions, obvious construction problems. In my mind, this is an obvious danger to public health and safety and needs to be reported.
2. Structural engineers performing architecture in instances where our state statues clearly require a licensed architect (e.g. significant buildings, schools). Smaller municipalities turn there back to this practice and it is considered unethical by many in my profession to "turn people in". If these individuals knowingly continue to break the law, don't we have an ethical obligation to report his practice to the board?
Any thoughts would be appreciated!





RE: Ethics of unlicensed practice reports
Just because a local community building department is not enforcing it, you are still under the same ethical standard. In other words, others behavior does not influence your ethical behavior.
RE: Ethics of unlicensed practice reports
RE: Ethics of unlicensed practice reports
Example No. 1- Is this unlicensed practice, or total lack of engineering, or poor engineering by a licensee? Is the structure somehow exempt for licensing requirements?
In various jurisdictions, structures under a certain dollar amount are exempt, structures designed by owner on his own land are exempt, Indian reservations may be exempt, etc. So the retaining wall may have problems, but just driving by and looking at it won't necessarily give you the information you need to report it.
RE: Ethics of unlicensed practice reports
RE: Ethics of unlicensed practice reports
For example, a retaining wall in your back yard of 3 ft and under does not need anything (ie your kids can do it). Over 3 ft and under I think something like 6 feet, the list is long but includes the architect, engineer, and I think a certified landscape technician. Over that, I think an engineer is required.
This is from memory, so please don't quote me.
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RE: Ethics of unlicensed practice reports
Thanks again for the thoughts...
RE: Ethics of unlicensed practice reports
The first thing we did was question the foreman of the crew about the cut. He basically ignored us.
Then we called our contact at the jurisdiction. We asked who inspected cuts? "It is not my job" he said. We continued on about lack of jobsite safety on residential projects. He agreed but the argument got heated.
The results are:
-The client has dropped us (not that his work was anything great)
-He has caused us innumerable problems in his jurisdiction (not that our plans are perfect every time, but I have definitely noticed a shift in attitude since this altercation).
-The illegal cut remained in place and several more were made in the same subdivision.
So, what was the point of this? Try to be PC and amicable when you rat someone out, and if you are going to attack a jurisdiction for not catching something illegal, try your best not to get someone with an ego to listen to.
RE: Ethics of unlicensed practice reports
Whistleblowing is often a thankless and reviled task.
TTFN
RE: Ethics of unlicensed practice reports
RE: Ethics of unlicensed practice reports
On the illegal cut with people working under it, that's an OSHA issue and should have been reported to them if it needed reporting.
RE: Ethics of unlicensed practice reports
At my very first job as an FAA Licensed Airframe and Powerplant Mechanic, I was fired for refusing to install an automobile voltage regulator in a very messed up Cessna 182 owned by a small Fixed Base Operator in Florida.
That was maybe 25 years ago.
I spent the next three months looking for work until I was finally hired by Eastern Airlines in Miami.
I was penniless when I got to Miami and even went about 3 days with no food waiting for my first paycheck.
This was one area I thought a union added value, it would have never happened in a union shop.
I suppose after I got back on my feet I could have tried to follow up with the FAA, but it never came to pass.
This is why I believe it's so important to fund agencies that enforce safety regulations. It's a task that's really out of reach of your average unemployed worker.
RE: Ethics of unlicensed practice reports
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RE: Ethics of unlicensed practice reports
Sending the state board a photo of a retaining wall about to fall over doesn't sound to me like it's liable to elicit much action- because, as I pointed out above, it could be exempt for various reasons in the first place. Maybe it's scheduled for replacement tomorrow, who knows?
Sending them a blueprint sealed with an out-of-state seal or an advertisement from an unlicensed firm or person or something along that line, I can see being more effective.
RE: Ethics of unlicensed practice reports
We did make a showing that we were concerned and had brought it to the proper attention. The result was a "thank you, we'll check on it" from OSHA, and getting badmouthed in the steam room by the people at the jurisdiction. I have spent the last 6 months rebuilding that relationship.