Engineers are unique in the business world in that they have a statutory duty to report any situation that endangers the safety or the welfare of the public.
The duty to report must be balanced with the professional obligation not to disclose confidential information. Engineers must act at all times with fairness towards employers, associates and clients while maintaining high ideals of personal honour and integrity.
Consequences for the reporting engineer may be serious. When an engineer reveals information concerning the unethical or illegal conduct internally to higher management or externally to the press or authorities, the consequences to the engineer may include job loss, risk of being ostracized by colleagues and unwanted publicity. Notwithstanding, the engineer’s duty to public welfare is paramount.
Where does the duty to report come from?
Engineers are regulated by the Professional Engineers Act and Regulation 941.
Professional misconduct is defined at section 72(2) of Regulation 941 and includes the failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public.
What if you don’t report?
An engineer who fails report a situation that endangers the safety or the welfare of the public may be subject to discipline by PEO. Section 28(4) of the Professional Engineers Act provides that where an engineer is found guilty of misconduct, the penalty imposed by the Discipline Committee may include revocation or suspension of license to practice and the imposition of a fine to a maximum of $5,000. A complete list of the sanctions that can be imposed can be found in section 28(4) of the Professional Engineers Act.
Section 425.1 of the Criminal Code
As of September 15, 2004, it is a criminal offence to threaten an employee with disciplinary action, demotion or termination in order to force the employee to refrain from providing information to law enforcement officials about the commission of an offence by an employer or an officer, director or employee of the employer. Employers may face up to five years imprisonment for contravening section 425.1.
Whistleblowers are only protected by s. 425.1 if they approach a law enforcement body. Whistleblowers are not protected if they contact the media or an advocacy group.
When to blow the whistle?
It is always appropriate to deal with the situation directly by approaching your employer or client. If you are unable to resolve the problem in this way, contact PEO. Where PEO believes that the safety and welfare of the public is at risk, it will report the situation to the appropriate municipal, provincial and/or federal authorities.