MECH896 2015 Week #1: Professional Practice and Ethics (rev1)
MECH 896 – Professional Development for MEng Students
Mohamed Hefny and Brian Surgenor
(hefny@cs.queensu.ca and surgenor@me.queensu.ca) Homework Discussion
Winter 2015: Lecture #1
Professional Practice and Ethics
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Questions
1) According to Jim Lee, why core values of academic integrity are important?
2) Based on your reading, are academic integrity and research integrity distinct subjects?
3) Using your personal experience, reflect on the cultural influence on Academic Integrity.
MECH‐896 Professional Development for MEng Students ‐ Winter 2015
Professional Practice Exam (PPE)
Professional Practice Exam (PPE)
Syllabus
Professional Practice and
Ethics
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Professional Engineering
Principal Objects of PEO
Enforcement and Penalties
Requirements and Responsibilities
Consulting Engineer
Certificate of Authorization (CofA)
Liability Insurance
Complaints and Discipline
Engineer's Seal
Fees Mediation
Conflict of Interest
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Legal Concepts and Engineering
Canadian Legal System
Business Organizations
Tort Law
Contract Law
Contracts Limiting Liability
Professional Engineers Act
Competition Act
Industrial Property Protection
Employment laws
Human Rights Code
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Professional Practice Exam (PPE)
Format
Engineering Law and
Professional Liability
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Three‐hour
Closed‐book
Eight‐questions
Two‐part
– Part A: Professional Practice and Ethics
– Part B: Engineering Law and Professional Liability
• Exam Sample:
– http://peo.on.ca/index.php/ci_id/22919/la_id/1.htm
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MECH896 2015 Week #1: Professional Practice and Ethics (rev1)
Professional Engineering
Definitions
Profession
• A true profession is an occupation possessing specialized skills and knowledge that are exercised for the benefit of society. Occupational groups gain professional status by demonstrating that persons with specialized knowledge and techniques provide a service that is unique and more likely to serve the interests of society than others with different training.
PEO Guideline Professional Engineering Practice
Professional Engineering
• The practice of professional engineering means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare, or the environment, or the managing of any such act.
Professional Practice
PEO Guideline Professional Engineering Practice
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Engineering Practice in Ontario
Definitions
Engineering Practice in Ontario
Objects
Professional Engineers Act
• The engineering profession in Ontario is governed by the Professional Engineers Act R.S.0. 1990, Chapter P.28 and its subordinate regulations R. R. 0. 1990 Regulation 941 and Regulation 260/08. Principal Object
• To regulate the practice of professional engineering and to govern its members, holders of certificates of authorization, and holders of other licences in order that the public interest may be served and protected.
PEO Guideline Professional Engineering Practice
Professional Engineers Ontario
• The Act defines the practice of professional engineering and establishes Professional Engineers Ontario (PEO) as the regulatory body responsible for regulating the practice of professional engineering and governing persons and organizations carrying out work that falls within PEO jurisdiction. The primary mandate of any professional regulatory body is to protect the public from unqualified, incompetent or unfit practitioners. In order to carry out this function PEO is granted powers to license qualified individuals, discipline licence holders who are found guilty of incompetence or professional misconduct as defined in O. Reg. 941/90, and enforce compliance with the licensing requirements of the Act.
PEO Guideline Professional Engineering Practice
MECH‐896 Professional Development for MEng Students ‐ Winter 2015
PEO Guideline Professional Engineering Practice
Additional Objects • To establish, maintain and develop standards of knowledge and skill among its members, qualification and practice for the practice of professional engineering and professional ethics among its members.
• To promote public awareness of the role of the association.
• To perform such other duties and exercise such other powers as are imposed or conferred upon the association by or under any act.
PEO Guideline Professional Engineering Practice
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Professional Engineer Licence
Requirements
PEO Licence
Types
• Age requirement: at least 18 years old
• Character Requirement: good character
• Academic Requirement: undergraduate engineering degree from a Canadian Engineering Accreditation Board (CEAB)‐
accredited program, or possess equivalent qualifications, and, if required, successfully complete any technical exams.
• Experience Requirement: demonstrate at least 48 months of verifiable, acceptable engineering experience, at least 12 months of which must be acquired in a Canadian jurisdiction under a licensed professional engineer.
• Exam Requirement: complete PEO’s Professional Practice Examination (PPE).
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Regular Licence
Limited Licence
Provisional Licence
Temporary Licence
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MECH896 2015 Week #1: Professional Practice and Ethics (rev1)
Enforcement and Discipline Roles
Comparison
Enforcement and Discipline Roles
Professional misconduct
Enforcement
• Stop non‐licensed individuals from practicing
Discipline
• Handle public complains about licensed members
• Discipline for professional misconduct
• A member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence may be found guilty of professional misconduct if,
– the member or holder has been found guilty of an offence relevant to suitability to practice, upon proof of such conviction; or
– the member or holder has been guilty in the opinion of the Discipline Committee of professional misconduct as defined in the regulations.
PEO Guideline Professional Engineering Practice
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Enforcement and Discipline Roles
Incompetence
Enforcement and Discipline Roles
Discipline
• The Discipline Committee may find a member of the Association or a holder of a temporary licence, a provisional licence or a limited licence to be incompetent if in its opinion,
• Where the Discipline Committee finds a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence guilty of professional misconduct or to be incompetent it may, by order
– the member or holder has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of the public of a nature or to an extent that demonstrates the member or holder is unfit to carry out the responsibilities of a professional engineer; or
– the member or holder is suffering from a physical or mental condition or disorder of a nature and extent making it desirable in the interests of the public or the member or holder that the member or holder no longer be permitted to engage in the practice of professional engineering or that his or her practice of professional engineering be restricted.
PEO Guideline Professional Engineering Practice
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Engineer's Seal
Purpose
revoke the licence or certificate of authorization
suspend the licence or certificate of authorization
limit the professional work to an extent specified
impose terms, conditions or limitations including taking particular courses
– impose specific restrictions including requiring supervision and direction, collaboration, periodic inspections, and/or reporting
– reprimand, admonish, or counsel possibly with record
– revoke or suspend designations as specialist or consulting
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PEO Guideline Professional Engineering Practice
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Certificate of Authorization (C of A)
Definition
• Professional engineers who provide engineering services directly to the public must have a Certificate of Authorization (C of A). • Every holder of a licence, temporary licence, provisional licence or limited licence who provides to the public a service that is within the practice of professional engineering shall sign, date and affix the holder’s seal to every final drawing, specification, plan, report or other document prepared or checked by the holder as part of the service before it is issued.
PEO Guideline Professional Engineering Practice
Requirements
• This certificate is issued to individuals or firms and the professional engineers on the certificate require at least five years of relevant experience after the conferral of the engineering degree or the completion of an equivalent engineering education. Individuals and firms holding a C of A must adhere to the professional liability insurance regulations required the Professional Engineers Act.
PEO Guideline Professional Engineering Practice
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PEO Guideline Professional Engineering Practice
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MECH896 2015 Week #1: Professional Practice and Ethics (rev1)
Problem Solving
Logic:
• The study of the rules of reasoning Andrews 2013
Ethics: • The study of right and wrong, good and evil, obligations and rights, justice, and social and political ideals
Ethics
Andrews 2013
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Duty to Report
Procedure
Strategy for Complex Ethical Problems
Recognition:
• Is there an ethical problem?
Definition:
• What is the problem?
Synthesis:
• What are the alternative courses of action?
Analysis:
• What are pros and cons of the alternative solutions?
Design:
• What is the best alternative?
Implement:
• What is the action to be taken?
1. Correct the Problem
2. Blow the Whistle
3. Resign in Protest
Andrews 2013
Andrews 2013
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Conflict of Interest
Examples
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Accepting Secret commissions
Misusing the employers’ facilities
Secret employment or “moonlighting”
Self‐serving decisions
Influence peddling
Abusing confidential information
Arranging future employment
PPE Part A: Exercises
Andrews 2013
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MECH896 2015 Week #1: Professional Practice and Ethics (rev1)
PPE Sample Question: PPE April 2009
Case
Read‐EGAD‐Write
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Ethical Issues
Generation of Alternatives
Analysis
Decision
Write
Andrews 2013
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Alpha, P.Eng., has been recently hired as the chief engineer of a gold mine near a remote town in norther Ontario. The mining company is the main employer in the region.
Immediately upon starting the new job, Alpha spent some time reviewing the mining company's operational procedures. Alpha discovered that for several years, tailing ponds at the mine have been releasing toxic and corrosive substances into the environment in violation of the law.
Alpha also found the company's files a recent report prepared by an engineering consulting firm in Toronto. The report concerned an economic feasibility study for updating the mine's facilities. In the report, the engineering consulting firm specifically urged the mining company to undertake a number of expensive capital improvements necessary to ensure compliance with environmental law. Alpha also learned that the mining company could not afford the necessary improvements and, if forced to implement them, might have to close.
Alpha found nothing in the mining company's files that indicate that any governmental authorities were aware of the illegal discharges.
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PPE Sample Question: April 2009
Questions
PPE Sample Question: April 1993
Case
1. Discuss Alpha's obligations with respect to the mining company.
2. Discuss Alpha's obligations with respect to the public. What is the public interest in this case? How would the public interest be impacted by Alpha's actions? How should the potential mine closure and the resultant loss of a large number of jobs affect Alpha's professional duties?
3. Discuss Alpha's obligations with respect to the engineering consulting firm.
Prodigy is a professional engineer who is employed on a full‐time basis by MajorEng, a large engineering firm. However, for a number of reasons, Prodigy is unhappy and for some time has been thinking about looking for a new job. Although Prodigy's current employment at MajorEng provides good pay and interesting work, Prodigy is finding it difficult to work with Overseer, a professional engineer who is Prodigy's supervisor at MajorEng.
Since joining MajorEng a year ago, Overseer has frequently made derogatory jokes and remarks about Prodigy's race and religion—sometimes even in meetings with other engineers and clients. On many occasions, Prodigy has informed Overseer that such remarks are offensive, hurtful, and inappropriate and has asked Overseer to stop. Overseer refuses to do so and says that Prodigy should "toughen up and learn to take a joke" if Prodigy expects to have a successful career at MajorEng.
Recently, Prodigy met with a professional engineer colleague who is a vice president at EngCo, another engineering company. Upon hearing that Prodigy was interested in considering other opportunities, the colleague offered Prodigy a part‐time job to work in the evenings and on weekends on a trial basis as an engineer for EngCo. Prodigy would work under the colleague's supervision with the intent that in a few months, if Prodigy preferred working at EngCo, Prodigy would resign from MajorEng and become a full‐time employee of EngCo.
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PPE Sample Question: April 1993
Questions
PPE Sample Question: December 2008
Case
1. Comment on Overseer's conduct with respect to Ontario Regulation 941.
2. In relation to the regulation of the practice of professional engineering what should Prodigy consider doing about Overseer's conduct?
3. Specify and explain the requirements, if any, that Prodigy must satisfy in order to properly undertake such part‐time employment with EngCo.
Tau, the owner of a house in the City of Alpha, Ontario, was notified by the city that the condition of the foundation walls of his house violated the standards set out in the city's property standards by‐law. The city, being concerned that the foundation walls had deteriorated to the point of being structurally unsafe, ordered Tau to obtain a written report by a professional engineer as to the walls' condition. Omega prepared a report stating that he had inspected the foundation and that the foundation walls appeared to be "structurally sound and capable of safely sustaining the house for many more years".
Tau submitted Omega's report to the city. In response, the city sent a letter to Tau with a copy to Omega pointing out the city's observations regarding the deterioration of the walls, including evidence of significant water permeation, together with photographs taken by the city's inspector. In the letter, the city requested the condition of the foundation be reassessed and a response be made to the city within two weeks. Tau was unaware that Omega would be waiting for authorization for him to spend more time on the project and accordingly did not contact Omega and request him to respond. Omega did not follow up with either Tau or the city.
Following a second request to Tau, copied to Omega, Omega responded by letter to the city, advising that he had never examined the interior of the walls, only the exterior and admitted the photographs provided by the city indicated that the foundation was structurally unsound.
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MECH896 2015 Week #1: Professional Practice and Ethics (rev1)
PPE Sample Question: December 2008
Questions
1. Comment on the engineering services provided by Omega, in relation to Regulation 941. In your answer, also discuss Omega's conduct regarding Omega's dealings with the City.
2. Omega does not have a certificate of authorization. Does Omega need one under the facts described above? Explain why or why not. What are the possible consequences to a professional engineer of acting without a certificate of authorization when one is required.
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Week 1 Assignment: Sample Questions
Be prepared to discuss the assigned Professional Engineering Practice Guidelines and answer related questions such as:
1) State three exceptions of the licensing requirement for practicing engineering in Ontario.
2) What are the steps that you should take if you discover situations that endanger safety or the public welfare?
3) From your reading, discuss conflict of interest and its impact.
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Next Week: Engineering Professional Practice and Social Responsibility
• Assigned Reading:
– Professional Engineering Practice Guidelines (http://www.peo.on.ca/index.php/ci_id/19394/la
_id/1.htm) • Additional Reference:
– Practice Guidelines (http://www.peo.on.ca/index.php?ci_id=4377&la
_id=1)
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References
1) PEO Guideline Professional Engineering Practice
2) Andrews, Canadian Professional Engineering and Geoscience: Practice and Ethics, Nelson, 2013.
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