I am endangering people's lives doing tasks I am not qualified to do

Question

I am in a very uncomfortable situation. I was hired as a software developer, but I was somehow talked into designing electronics. I told them I can try, but I am not a electrical engineer. Everything started with low voltages and it seems like the product is working fine. Our newest development is a handheld device with mains voltage.

I need this job because I have to take care of my daughter. I've been working on this thing for months already and it feels like simply saying "I don't know what I am doing. This seems like a bad idea to let me do this task" is not viable for me anymore. I just noticed there was a major flaw in my design and luckily it can be fixed, but I wonder how many things I did not see.

I know I cannot continue like this because there is a chance someone will get injured or even die. If I tell the truth I can look for a new job and I feel like if I leave and tell them, I am certain they will still use my design even with a warning.

I already created forged documents about results of safety-relevant tests of another department (mechanical engineering), because the test station failed to protocol the results and no one noticed for three years. After I joined I looked into the system and source code. I saw it only generates dummy data, built in from an external contractor. I told them about it and it was fixed and works again, but it was too expensive to repeat three years of tests, so I was told to generate fake protocols.

I was thinking about going to the police. Maybe this way I will be fired and my company has no chance to use my work. I don't know if I will receive government support (ALG I, Germany) in this drastic case.

What should I do?

Answer 1

I need this job because I have to take care of my daughter

No. You need a job to take care of your daughter. That could be flipping Burgers at McDonald's.

In Germany as a Software Developer there should be no shortage of job offers. We are so starved for developers, we are importing them not just from other countries, but from other continents. You should be able to find a job without problems. Thanks to Corona many, many jobs are now work-from-home, so even if you live in a super remote location with only a single employer... if you have internet, go get a job somewhere else, you don't have to be physically there.

For your problem of whether they will use your (possibly flawed and dangerous) work, find a lawyer and get help.

Seriously... you need to act. No more excuses, no more waiting. You have tried waiting and it got worse.

Answer 2

I already created forged documents about results of safety relevant tests of another department (mechanical engineering) because the test station failed to protocol the results and no one noticed for 3 years

You already committed a crime along with your employer IMO. But then again you should consult lawyer to decide how much you are liable incase this gets out.

Answer 3

I’m in the UK, so perhaps this isn't quite right for Germany.

But usually, if an employee goes to the relevant authorities (safety standards organisations, product approval bodies, or police), and says openly, " I faked safety data. I felt pressured and needed the job. I have had time to think and I need to let someone know..", they will be sympathetic, but stern.

While they will tell you off, or may warn or sanction you somehow (for example, not letting you certify other data in future), ultimately they will not prosecute you for it, or will do so with only very mild outcome such as a police warning or suspended sentence at worst, because they know you regret it deeply, took action to prevent harm, and won’t do it again.

On the other hand, if it does come out anyway (your successor if you don’t agree to fake more data?), the outcome will be much worse.

This is whistleblowing. There is good guidance available on how exactly to do it. Ask another question here, for that ("I plan to whistleblow some faked safety data for which I was part responsible. How should I do it?").

As a rough outline, whatever you plan to do, there are three golden rules and you must do these:

1. Ensure you secretly have/keep copies of everything, for your own protection. Yes, this probably breaches your contract, but if shit comes down, now or future, you can bet they will shift the blame to you, and deny that crucial emails or documents exist. Keep a private copy to protect yourself. After any meetings, send a follow-up email summarising the meeting ("I enclose my notes on our meeting. I'm still unhappy that after disclosing a defect in safety data we have not yet agreed a way to fix it, and your view is that no effective action will be taken."). The penalty for that breach of contract is minimal - if it’s for "legitimate" reasons such as proving faked safety data if challenged - you’ll have opinion on your side. If anything happens, get legal advice too.
2. Raise the matter internally. Give the company a chance formally, to fix it (or to show that they won’t). Do this by email, and save every one (see above), or photo it on your phone. Be direct, "I need to disclose something....." or "As we discussed, I was pressured to....", and then "I was told to fake the safety data. (or, I was put under pressure to accept the faked safety data when I found it). I am also uncomfortable that this made demands on me that I was not capable of meeting, as you know I lacked that qualification, and the faked data remains in use, in effect the product is dangerous. Please may we discuss how to regularise this historical situation, or at least assess the risk involved." See if they will (then no problem) or if they won't (in which case it’s on record and that protects you).
3. Like previous answers said, take action. You can get another job. Yes, you need to work and get an income, but you need to fix this problem, for which you created the data. It gets far more serious if left longer, or there is more opportunity for someone to get hurt. Pull the finger out, and do something.

Answer 4

You have been put in a tough situation and have three tough, but doable, things to take care of.

1. Find a new job. You gave the employer the benefit of the doubt for a while, but now you have decided, on good evidence, that they are unsafe. You have at least four weeks notice. As others said, the new place doesn't need to be a perfect job.
2. Prepare a record of the problems which you have copies of offsite. You may need to tell them directly or anonymously approach a regulator with these concerns.
3. Engage a lawyer. The internet is too full of Americans and Americans say this to everything. But there are serious safety and labour law implications here and you need some professional advice that isn't from randos on the internet.

You were able to frame the question clearly and have thought about this carefully for some time, so I think you already know these are the right actions to take. It's not easy, or fair, but it is right. All strength to you in taking these things on.

Answer 5

there is a chance someone will get injured or even die.

Ethically you have no choice but to formally voice your concerns with your employer and refuse to continue. How that will end is unknown.

The product and design do not belong to you, it's rare but engineers do come across similar dilemnas in a career. You inform your superiors and trust them to do whatever needs to be done.

Answer 6

Your employer almost certainly requires some sort of approval for the product before it can be sold on the open market. In Germany that is probably CE marking but could be a DIN standard or something else.

To get this they would have to approach a standards organisation, such as TÜV. You could inform whichever organisation is relevant in your case. It is probable that you could do this anonymously if you are worried about comeback.