Blowing the Whistle
As members of the Institution of Engineering and Technology, we are obliged to agree to the IET’s Rules of Conduct on an annual basis. This document provides the requirements of professional and ethical behaviour in accordance with engineering practices to raise the level of public trust. Under the IET’s Rules of Conduct, my team and I have a responsibility to “safeguard the public interest in matters of health, safety, the environment and otherwise” and to “act with fairness and integrity.” We are also required to “all times take all reasonable care to limit any danger of death, injury or ill-health to any person that may result from their work and the products of their work.” Considering the discovered design flaw, we have an obligation to “report to their employers any suspected wrongdoing or dangers they identify in connection with the member’s professional activities. This includes any breach of professional obligations and bribery, fraud or other criminal activity, miscarriages of justice, health and safety risks, damage to the environment and any breach of legal obligations including any act of discrimination (in accordance with the Equality Act 2010).” This means that the high probability that one or more of the first production cars will kill a pedestrian satisfies the criteria of a health and safety risk, and therefore a concern must be raised to safeguard the public interest in these circumstances. In addition to this, the IET outlines that responsibility must be taken for projects that we are involved in or under our direction and that relevant liability should be assessed for that work. As we are involved in designing and manufacturing the cars, my team and I are not satisfied to accept this work as our own in the current state, assessing the potential risk factors and we must “take an ethical stance when balancing conflicting interests.” The concern is then categorised as ethical, professional, or legal, however, in this case, it is considered both ethical and legal as it puts lives at risk. To report a concern of a serious nature, we must report their concern to the immediate employer or manager reflecting the advice of the Engineering Council, stated in the report ‘Guidance on Whistleblowing.’ This is after we have advised the members of the design team of the suspected flaw within the design, to ensure they are aware of the risks involved. “Members whose professional advice is not accepted shall take all responsible steps: (a) ensure the person overruling or neglecting that advice is aware of any danger or loss which may ensue (b) to inform that person’s employers of the potential risks involved.” The guidance indicates where there are no specific rules on whistleblowing, reporting concerns should begin internally. If this does not address the concern, we should ensure that we are aware of existing company regulatory reporting systems, including seeking advice from the designated Health and Safety Executive (HSE). Moreover, if this does not solve the concern, or your immediate employer is part of the cause, then you are obliged by your institution’s code of conduct to escalate the concern which could mean raising it externally. At this point, if the issue in the design has not been rectified, we must seek advice surrounding the whistleblowing process. Defined by the UK Whistleblowing Commission as ‘the raising of a concern, either within the workplace or externally, about a danger, risk, malpractice or wrongdoing which affects others.’ The guidance states that my team and I have an ethical responsibility to act when we encounter a material and unmanaged risk, danger, malpractice, or wrongdoing which adversely affects others. If we fail to take action, we may become liable in law. Provided a genuine concern is raised and we have a reasonable belief that you are acting in the public interest, UK Law offers individual protection from action taken by an employer for simply reporting a concern in extenuating circumstances. We must go to the Public Concern at Work (the whistleblowing charity) for further information. The company are required to “…support colleagues or others to whom they owe a duty of care who in good faith raises any concern about a danger, risk, malpractice or wrongdoing which affects others” stated by the IET Rules of Conduct and failure to adhere to the agreed rules may result in disciplinary action. This is positive for us as we believe we have an ethical, professional, and legal obligation to whistleblow for the safety of the public and future productions.
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