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OIQ - Ethical and legal aspects of the engineering...

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Unformatted text preview: Ethical and legal aspects of the engineering profession Prepared & presented by Diane Girard Ethics consultant All rights reserved Plan What does it mean to be a professional? Professional orders and the protection of the public The Engineers Act The Code of Ethics of Engineers Other important legislation Liability's different faces Ethics: one more step in the right direction What does it mean to be a professional? Professional orders and the protection of the public Professional orders and the protection of the public Qubec's professional system is based on the protection of the public Self government: it is your concern Professional orders : Control admission Ascertain the competence and verify the quality and appropriateness of services provided (Professional Inspection Committee) Monitor the ethical and professional conduct of members ( Office of the Syndic; Committee on discipline) Tools to help protect the public Professional Code Protecting the public as key principle Specifies the duties and obligations of professional orders Engineers Act Specifies what constitutes the practice of the engineering profession Specifies that some acts are reserved to engineers Determines certain rules pertaining to admission Specifies certain penal provisions Code of Ethics of engineers Specifies certain duties and obligations of engineers towards the general public, clients and the profession Engineers Act An exclusive profession... for the protection of the public Field of practice: the field in which your acts are performed ( shared with others) public roads, dams, bridges, sewers, foundations for building of more than 100,000$, works of electrical, mechanical, hydraulic, electronic, metallurgical character, ...etc. Acts reserved for engineers in those fields: Giving consultations and opinions Making measurements, layouts, computations, designs, drawings, plans, specifications, reports Inspection or supervision of the works Authentification of engineering work Sign and seal plans and specifications, Sign written consultations, opinions, measurements, layouts, reports, computations, design, drawings, specifications...etc. been signed and sealed is a punishable offence yourself or by a person under your immediate supervision Using plans and specifications that have not You can only sign and seal work prepared by Code of Ethics of Engineers Code of Ethics In all aspects of his work the engineer must respect his obligations towards man and take into account the consequences of the performance of his work on the environment and on the life, health and property of every person. Code of Ethics Competencies and means: Before accepting a mandate, bear in mind your proficiency and aptitudes and the means at your disposal Code of Ethics Avoid ambiguity: Refrain from giving incomplete opinions or using documents, specifications or plans you know to be ambiguous or not sufficiently explicit any error that may cause him prejudice and which may not be easily rectified Errors: Inform the client as soon as possible of Opinion ignored: If you are responsible for the technical quality of engineering work, and your opinion is ignored, inform the client in writing of the possible consequences Code of Ethics Integrity, Independence and Impartiality: Do not tolerate dishonest our doubtful practices Subordinate your personal interest to that of your client/employer Do not let yourself be influenced by a third party to the detriment of your client Code of Ethics Safeguard your professional independence at all times: There is no such thing as a free gift in business Avoid conflicts of interest: if they occur, notify the client and ask for authorization to continue or to be replaced Code of Ethics Professional Secrecy: Respect the secrecy of all confidential information obtained ...unless authorized by your client or ordered so by law Do not make use of confidential information to get an advantage for yourself or another person Code of Ethics Obligations towards the profession: Answer the Syndic promptly Do not abuse a colleague's good faith, take credit for his/her work, nor damage his/her reputation Notify the engineer you are replacing or whose work you are reviewing Monitoring of Conduct and Professional Liability Purpose: Protection of the public Process: Inquiry by Syndic, trial by Committee on discipline Disciplinary action: Reprimand, fine, temporary or permanent striking off the roll, revocation of permit, restriction or suspension of right to engage in professional activities Some other regulations Fees: conciliation & arbitration of accounts Keeping of records Liability's different faces Liability of engineers Professional liability- ( Code of ethics ) OIQ- Disciplinary sanctions Civil liability- ( Contracts & misfeasance)Civil court- Damages $$ Contractual (Client) Extra contractual\Misfeasance (Third party) Mistake+ damages + link between the two Criminal/penal liability- ( Criminal code & general legislation& illegal practice) Punishment (Prison or fine) General Legislation Environment Occupational Health & Safety Labour Standards Bills of Rights Copyright, Patents, Trademarks And many other standards in every sector of activity... Liability Any person in society: Civil liability (contractual or misfeasance) Criminal/penal liability Any professional: Professional liability Architects, engineers, contractors 1 Year legal warranty, 5 year liability Ethics: one more step in the right direction Ethics : one more step... Ethics is more than just compliance with the law: doing the best you can taking into consideration impacts on other people acting according to certain values and moral principles... The law is a minimum The Code of Ethics of Engineers is a part of ethics, but only part of it Conclusion As professionals, we have a greater responsibility due to the nature of our work Professional liability and the Code of Ethics are aimed at the protection of the public Being legal is not enough...is it ethical? A solid reputation take years to build...and seconds to destroy... ...
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