Post on 21-Jan-2016
WATERLOOELECTRICAL AND
COMPUTER ENGINEERING
Professional Misconduct
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WATERLOOELECTRICAL AND
COMPUTER ENGINEERING
Professional Engineers of Ontario
Professional MisconductSection 72 of the O. Reg. 941
Douglas Wilhelm Harder, M.Math.
Department of Electrical and Computer Engineering
University of Waterloo
WATERLOOELECTRICAL AND
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Professional Misconduct
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Outline
This talk focuses on professional misconduct:– Background of professional misconduct– An overview of the fourteen clauses– A detailed look at each clause
WATERLOOELECTRICAL AND
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Professional Misconduct
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Background
The definition of misconduct is given in Section 72 of the Professional Engineers Act Regulation 941
Misconduct is an action which, if done by a practitioner, should be disciplined
A practitioner who follows the Code of Ethics of the Association will more than likely not engage in misconduct
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Background
Section 72 is divided into two main clauses:(1) The definitions of negligence and harassment, and
(2) The definition of misconduct.
The first two definitions are used in the second clauses and we will simply define them there
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Overview
There are fourteen actions which are defined as misconduct which are briefly summarized here:(a) Negligence
(b) Not safeguarding those affected by the practitioner
(c) Not correcting/reporting situations which endanger the public
(d) Not complying with statutes, regulations, codes, etc.
(e) Falsely signing/sealing documents
(f) Allowing deviations from work prepared by the practitioner
(g) Breaching the Act or regulations
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Overview
(h) Incompetence
(i) Undisclosed conflicts of interest
(j) Disgraceful, dishonourable, or unprofessional actions
(k) Overstepping ones licence/authority
(l) Withholding documents/information for an investigation
(m) Allowing non-professionals to practice professional engineering
(n) Harassment
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72(2)(a)
72(2)(a) “professional misconduct” means negligence, that is, an act or an omission in the carrying out of the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstances
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72(2)(b)
72(2)(b) “professional misconduct” meansfailure to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by the work for which the practitioner is responsible
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72(2)(c)
72(2)(c) “professional misconduct” meansfailure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public
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72(2)(d)
72(2)(d) “professional misconduct” meansfailure to make responsible provision for complying with applicable statutes, regulations, standards, codes, by-laws and rules in connection with work being undertaken by or under the responsibility of the practitioner
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72(2)(e)
72(2)(e) “professional misconduct” meanssigning or sealing a final drawing, specification, plan, report or other document not actually prepared or checked by the practitioner
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72(2)(f)
72(2)(f) “professional misconduct” meansfailure of a practitioner to present clearly to the practitioner's employer the consequences to be expected from a deviation proposed in work, if the professional engineering judgment of the practitioner is overruled by non-technical authority in cases where the practitioner is responsible for the technical adequacy of professional engineering work
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72(2)(g)
72(2)(g) “professional misconduct” meansbreach of the Act or regulations, other than an action that is solely a breach of the code of ethics
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72(2)(h)
72(2)(h) “professional misconduct” means undertaking work the practitioner is not competent to perform by virtue of the practitioner's training and experience
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72(2)(i)
72(2)(i) “professional misconduct” meansfailure to make prompt, voluntary and complete disclosure of an interest, direct or indirect, that might in any way be, or be construed as, prejudicial to the professional judgment of the practitioner in rendering service to the public, to an employer or to a client...
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72(2)(i)1
...and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure:
1.Accepting compensation in any form for a particular service from more than one party.
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72(2)(i)2
...and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure:
2.Submitting a tender or acting as a contractor in respect of work upon which the practitioner may be performing as a professional engineer.
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72(2)(i)3
...and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure:
3.Participating in the supply of material or equipment to be used by the employer or client of the practitioner.
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72(2)(i)4
...and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure:
4.Contracting in the practitioner's own right to perform professional engineering services for other than the practitioner's employer.
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72(2)(i)5
...and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure:
5.Expressing opinions or making statements concerning matters within the practice of professional engineering of public interest where the opinions or statements are inspired or paid for by other interests.
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72(2)(j)
72(2)(j) “professional misconduct” meansconduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional
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72(2)(k)
72(2)(k) “professional misconduct” meansfailure by a practitioner to abide by the terms, conditions or limitations of the practitioner's licence, provisional licence, limited licence, temporary licence or certificate
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72(2)(l)
72(2)(l) “professional misconduct” meansfailure to supply documents or information requested by an investigator acting under section 33 of the Act
Registrar’s investigation
33. (1) Where the Registrar believes ... that a member ... or a holder ... has committed an act of professional misconduct or incompetence or ... there is cause to refuse to issue ... suspend or revoke a certificate of authorization, the Registrar by order may appoint ... person(s) to investigate ... and the person(s) appointed shall report the result ... to the Registrar.
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72(2)(m)
72(2)(m) “professional misconduct” meanspermitting, counselling or assisting a person who is not a practitioner to engage in the practice of professional engineering except as provided for in the Act or the regulations
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72(2)(n)
72(2)(n) “professional misconduct” means harassment, that is, engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known as unwelcome and that might reasonably be regarded as interfering in a professional engineering relationship
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Summary
This talk focuses the misconduct– Acts of misconduct are defined in the regulations– Misconduct may result in discipline– Fourteen defintions
• General duties of action• Duties in the relationship with
– Oneself (goals and ideals), employers, clients, the moonlighting clause, other professionals and practitioners, and the profession
– A detailed look at each clause
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References
[1] Professional Engineers Act R.S.O. 1990, CHAPTER P.28http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p28_e.htm
[2] Professional Engineers Act General R.R.O. 1990, Regulation 941.
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900941_e.htm
[3] Professional Misconduct, http://www.peo.on.ca/aboutpeo/ProfessionalMisconduct.htm
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Copyright and Disclaimer
• These slides are Copyright © 2010 by Douglas Wilhelm Harder.All rights reserved.
• These slides are made publicly available on the web for anyone to use• No warranty is given that any information in these slides is correct• The use of these slides in studying for the PPE is fully at your own risk• If you choose to use them, or a part thereof, for a course at another
institution, I ask only three things:– That you inform me that you are using the slides,– That you acknowledge my work, and– That you alert me of any mistakes which I made or changes which you make,
and allow me the option of incorporating such changes (with an acknowledgment) in my set of slides
Sincerely,
Douglas Wilhelm Harder, MMath
dwharder@alumni.uwaterloo.ca