Gilbane Gold

 

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A Video Case Study

Produced By and Used With Permission of: The National Institute for Engineering Ethics, National Society of Professional Engineers

The video case study entitled "Gilbane Gold" was produced by the National Society of Professional Engineers and the National Institute for Engineering Ethics. The case study used in the video is completely fictional. Any resemblance in the video to the actual names of companies, geographic locations or individuals is completely unintentional.

Introduction to the Case

This case was originally prepared by the National Institute for Engineering Ethics of the National Society of Professional Engineers. It is a fictional but highly plausible case, suggested by actual situations. Students will find it easy to identify with the junior environmental engineer, David Jackson, who is caught between his desire to be a good employee and his sense of obligation as an engineer to protect the health, safety, and welfare of the public.

Although the primary ethical issue raised in the case is whistleblowing, secondary ethical issues include the obligations of engineers with respect to environmental issues, management problems having to do with honesty and trust between business and its host community, the issue of the fairness of a community towards local manufacturing plants, the problems raised for individuals and groups by the necessity for action in the face of inconclusive scientific evidence, and the relationship of law and morality.

The case takes place in the imaginary town of Gilbane. The sludge from the Gilbane sewage plant has been used for many years as a fertilizer and is sold under the name "Gilbane Gold." The revenue from the sale of Gilbane Gold enables the city to supplement its tax revenues, saving a family of four approximately $300/year in taxes. In order to protect this source of income, the town placed severe restrictions on the discharge of heavy metals into the sewage, so the sewage would be safe for use by farmers as fertilizer. The restrictions are ten times more stringent than federal regulations.

Before implementing these regulations, Gilbane had aggressively marketed itself as a city with a good business climate, offering tax abatements to industries that chose to move there. After several high-tech firms moved to the area, the more stringent regulations were enacted. Z CORP was one of the companies that moved to Gilbane. Its Gilbane plant manufactures computer components, but the plant's manufacturing process creates substantial quantities of toxic materials, primarily heavy metals. Z CORP monitors its waste discharge monthly.

Two facts about the regulations affect the resolution of the case. First, plants in Gilbane are responsible for supplying test data to the city. The data must be signed by an engineer, who attests to its accuracy. The law governing effluents is flawed, however, for it only regulates effluent discharge in terms of the amount of toxic material for a given volume of discharge, not in terms of the total quantity of contaminant. So a plant can always operate within Gilbane standards by simply increasing the volume of discharge.

Second, a newer and more sensitive (but also more expensive) test for heavy metals has been developed since the city enacted its standards. The newer test is not required by the city, and the city of Gilbane does not use it. Z CORP employees have access to the test, and it shows that the plant has apparently been slightly exceeding the allowable emissions on a number of occasions. This produces a problem for Z CORP. If it discloses the results of the new test, the city might take legal action against it. If it does not disclose the results, some of its own employees may believe it is exhibiting bad faith with the city.

The plant's junior environmental engineer, David Jackson, is a new employee. He has replaced a consultant who believes he was released because of his warnings about the discharge of toxic materials. David is concerned about Z CORP's heavy metals discharge, and his concern is further intensified when he learns that Z CORP has signed a contract that will result in a five-fold increase in the discharge of heavy metals. David finally decides to blow the whistle on the plant's discharge levels by talking to the local TV newscaster.