Structure Safety for Workers + Ethics Code 1

[nbr1]

What would be the standard of care in the following case (i.e. what is the appropriate action by the engineer in the following example for public safety, which is a Fundamental Cannon in the Code of Ethics):

Prospective client invites engineer to their facility where structure distress is suspected. Significant(about 1-ft size) concrete pieces falling from structure have almost hit workers on occassion; however, some workers at facility are unaware of danger posed. Client calls engineer to site for evaluation/recommendations.

Upon visiting site, it is visually apparent that significant corrosion of concrete rebar from manufacturing process has caused spalling of concrete and the integrity of concrete is suspect in some trafficked areas. Based on engineering experience, it is believed that similar failures will be realized in the near future and workers at the facility could be seriously injured where exposed to these areas.

The engineer offers a proposal for a phased approach evaluation/recommendations and suggests unsafe areas be cordoned off until an engineering evaluation has been completed.

Client does not respond to proposal and it is unclear how the worker safety has been addressed.

What is the engineer's/companies obligation at this time?

 

[Ron]

First, I'll make the brash assumption that you are in the US. If not, some of this might not apply, depending on your engineering laws.

If you know about it, and in your professional opinion it is a dangerous condition, you need to let your potential client (or not) know that you have a professional and legal obligation to protect the health, safety and welfare of the public (yes, multiple subcontractors on a jobsite could be considered "the public", since not all of them would be working to repair the issues and yet would be exposed to the danger) and as a result you are letting him know that you must report this to the local authority having jurisdiction (typically the building official or code enforcement official).

If he threatens to take action against you if you do this, tell him to that you have no choice....it is your legal obligation and with that comes some legal protection for doing such.

 

[Ron]

..hit the button too quickly...

Put all of this in writing and send it certified mail.

 

[dicksewerrat]

Call OSHA. They protect the workers. Now that you know about this, it should be done quickly.Send your letter per Ron and make the call. Would you allow your work force into an unsafe area?

Richard A. Cornelius, P.E.

http://WWW.amlinereast.com

 

[BAretired]

I think that Ron's approach applies in Canada and probably in most of the world as well. If an engineer has knowledge of a dangerous situation and believes that action is not being taken to safeguard the workers against injury, he must report it to the authorities immediately. Failure to do so is not only a breach of the professional code of ethics but, in the event of injury or death resulting from the perceived danger, would be deemed negligence by a court.

BA

 

[JAE]

I agree with Ron but I'd add an intermediate step - I would first notify the owner that you have a legal obligation to inform them of this unsafe condition and would appreciate knowing what they (the owner) plan to do about it. I'd also tell this owner that you have an obligation to protect the safety...etc. and that without any action by the owner to mitigate this condition you would be forced to notify the public authorities.

In other words, if I was the owner I'd appreciate be given the the opportunity to do the right thing before dragging the authorities into this.

Many times owners will respond properly - especially when they understand they are faced with a liability risk.

 

[MiketheEngineer]

All the above and contact the local building department - They can put a Stop Work Order in effect immediately.

 

[nbr1]

Thanks to those responding.