Engsci 4498 Midterm

What is a provisional license?

- Has satisfactory academic record and satisfied all of PEO's licensing requirements (including 36 months min. work experience outside Canada)... o Except for the min. 12 months verifiable and acceptable engineering experience in Canada or in a Canadian jurisdiction, and is working to gain it. -Must work under supervision of P.Eng., who sign/seals documents

What is the Purpose of Engineers Canada

- accredit engineering undergrad programs - liaison for engineers to federal government and regulators -make changes to regulations -sparking interest in next gen -promote diversity -protecting the engineering profession

What is the general idea of Mill's Utility Based Ethics

- best act is one with highest net benefits -maximize value to greatest number of ppl -used in eng and general society

How is Flat organization structured

- broad functional or project with few managers -usually for small/new organizations

How is Functional Organization structured

- divided by what ppl do (Eng, manufacturing) - ppl located in their functional groups

What is the general idea of Aristotle's Virtue Based Ethics

- Hapiness results from developing virtues or qualities of character -virtues are "golden mean' between 2 extreme qualities

What is the principle objective of the Assosiation of Professional Engineers of the Province of Ontario

- regulate practice of eng - govern members, COA holders and holders of variety of licences - govern regulations and by laws in order to serve and protect public interest

How is a Matrix Organization structured

- uses functional and divisional -ie divided by both what ppl do and what they work on -report in both functional (vertical) group and project (lateral ) group - engineers in vertical and project is laterial -can be located in both

5 core values of PEO

-Accountability -respect -integrity -professionalism -teamwork

What are four common types of Organizational Structures

-Functional -Divisional -Matrix -Flat

What are the 3 stages of discipline against licensed practitioners?

· Stage 1: Gathering Evidence (Confidential) · Stage 2: Investigation and Review of Complaint (Confidential) o Investigative or Complaints committee o Reviews Complaints o (Dismiss complaint) o (Letter of advice) o Collect more information o (Dismiss complaint) o Refer to Discipline Committee · Stage 3: Discipline Hearing (Formal hearing, Open to public) o Discipline Committee reviews and evaluates complaints o Conducts formal hearing, hears response from accused & renders judgement

What is moonlighting?

· Taking on other projects outside of company knowledge · "moonlighting" without CoA is illegal

What is an example of termination without cause and examples of pay?

· The business closes or 'restructures' · Termination pay: 1 week [notice or pay]/yr service, max. 8 wk o Can provide temp. work for 13 weeks after the term. date · Severance pay: If worked > 5 years, employer's payroll ≥ $2.5M: o Legal requirement: 1 wk pay/yr of service, max. 26 wks o 'Reasonable' practice: 1 month pay/yr. service, max. 18 mo.

If NOT licensed as a Consultant engineer with a CoA, you must not ___ but you may ___

· You must not provide PE services · You may provide 'management consultant' services

Interns may be considered employees if ___ but NOT if ____

· trained in skills used by others · NOT if doing work under university-approved program

PEO's Definition of Negligence

• 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

PEO's Definition of Incompetence

• Lack of knowledge, skill, or judgment that makes a member unfit to practice • Physical or mental condition or disorder that makes a member unfit to practice

PEO's Definition of Harassment

• 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;

A Technical conflict occurs when management overrules a technical recommendation. What should engineer do

1. they are accountable for technical solutions must explain in writing what will happen if not followed and get reply in writing that employer understands 2. if not competent, stop work and get help

What is the Hierarchy of Ontarios Professional Engineers Act

1.Fed government - Consititution 2.Prov Government - Professional Engineers Act 3. Regulations (eg. Reg 941) - requirements, conduct, discipline 4. Bylaws - rules to run PEO, fiances, meetings, elections

What are the the 2 levels of the Conventional stage of Kholbergs theory of Moral Development

3. social approval and conformity (be good and do it for me) 4.Law and order morality

What are the the 2 levels of the Post-conventional of Kholbergs theory of Moral Development

5. internalized social contract and individual rights (stealing is ok of its the only way to save a life) 6. Universal ethical principles (what if everyone did it?)

In most Canadian jurisdictions, engineering corporations must obtain ...

A permit (Certificate of Authorization)

Examples of Conflict of Interests

Accepting secret commissions • Misusing the employer's facility • Moonlighting (if undisclosed) • Influence peddling • Abusing confidential information • Arranging future employment

What is Justice/Equity Based Ethics

Balance Between whats Fair and whats right

What is the general idea of Locke's Rights Based Ethics

Deontology (study of whats rights) -individuals are free with equal rights - people deserve respect and not to infringe on rights of others

What are examples of documents that do not require an engineer's seal?

Draft documents, non-engineering documents, contracts

When retiring or resigning from profession, what happens to the engineer's seal?

Is returned because it is the property of PEO

What does the Professional Engineers Act say about licensing requirements

No person shall engage in the practice of professional engineering or hold himself, herself or itself out as engaging in the practice of professional engineering unless the person is the holder of a licence, a temporary licence, a provisional licence or a limited licence.

What does the Professional Engineers Act say about Certificate of Authorization

No person shall offer to the public or engage in the business of providing to the public services that are within the practice of professional engineering except under and in accordance with a certificate of authorization.

What does RASCI concept mean, as it is for clarifying Roles and Responsibilities

Responsible - does the work Accountable - makes the decision Support - provides help, resources Consulted - stakeholders with input Informed - stakeholders without input

What is a manger authority in decision making?

Set objectives and allocate resources

What is the first Rule of Decision making

Think rationally and with a clear head be professional dont get emotional Should also know if you are the right person to make the decision and if you understand it

What are the six types of Intellectual Property (STAR)

Trademarks patents copyright industrial designs integrated circuit topography trade secrets

True or false: Non-management workers have right to form/join a union

True

What is PEO vision

Trusted leader in professional self-regulation

What is the professional engineer's seal and what does it imply?

· Licensed engineers/geoscientists must sign seal and date all final documents, drawings, plans, reports, specifications issued to public · Legal significance · Use of seal implies intimate knowledge and control of document

What are the management and leadership activities involved in ensuring work is done?

· Management o Define 'remaining' work to be done o Follow processes & policies o Ask others to help solve problems · Leadership o Reiterate strategy: lead others o Do the work: follow others o Manage biases: not expectations o Predict outcomes: carefully

What are the management and leadership activities involved in securing commitment?

· Management o Define roles, recruit staff o Organize, train staff · Leadership o Show the vision & benefits o Inspire people o Ensure commitment

What are the management and leadership activities involved in creating a plan?

· Management o Define the project o Act within agreed scope or get approval · Leadership o Develop vision & strategies, set objectives o Identify and set values o Schedule some 'early wins'

What are the management and leadership activities involved in achieving outcomes?

· Management o Report results o Avoid surprises: take preventive actions · Leadership o Transcend 'boundaries' o Recognize success & share it o Know the numbers

Satisfactory work experience depends on ...

· Nature of experience · Duration of experience · Currency of experience · Pre-and post-graduate work experience · Canadian work experience - 12 months min

What is a limited license (LEL)?

· Practitioner lacks engineering degree · Min. 3-year degree/diploma in engineering technology or science · Plus 8 years of specialized experience, and has developed competence in a certain area of professional engineering · Practice must be limited to the services specified in the limited license · Appropriate for technologists or scientists whose are considered to be within the practice of professional engineering by PEO · Holder of a limited license is allowed to work without supervision by a professional engineer · Cannot engage in independent practice - cannot be the holder of a certificate of authorization

For licensed practitioners, what are the 6 causes for disciplinary actions?

· Professional Misconduct · Incompetence · Negligence · Breach of Code of Conduct · Physical or mental incapacity · Conviction of serious offence

Canadian Charter of Rights and Freedoms prohibits discrimination based on:

· Race · Nationality or Ethnic origin · Colour · Religion · Sex or sexual orientation · Age · Mental or physical disability

List the 3 criteria when reviewing and interviewing candidates.

· Resume: Can the person do the job? · Attitude: Will the person do the job? · Fit: Would we like to work with the person? § Multiple interviews, including panel interviews

What are 8 causes for termination:

· Serious misconduct, serious incompetence, theft, fraud, dishonesty · Permanent illness · Inadequate job performance over an extended period as a result of failure to rehabilitate after substance abuse · Wilful misconduct, disobedience to reasonable order in matter of substance, continued insolence/insubordination · Wilful neglect of duty that is not trivial & has not been condoned by employer · Employees beyond temporary layoff; or who refuse an offer of reasonable alternative employment; · People hired for specific time or task, e.g. contract work · People employed less than three months (or on probation)

What is a non-resident or temporary license?

-Issued on a project basis for a maximum period of twelve months; May also be issued in disciplinary cases -Professional engineers licensed in other jurisdictions (not resident of Canada or Ontario) --May decide not to obtain a full licence but intend to provide engineering services for a project in Ontario -Holder of a temporary licence must collaborate with a P.Eng. - Collaborator must ensure that work done by temporary licence holder complies with Canadian & Ontario codes, -Both practitioners should apply their seals with notes indicating their responsibilities

Ware three examples of common conflicts of interest

-accepting gifts or payments -misusing facilities -abuse of privileged (supporting groups you want could appear as influence peddling and self serving)

What is the purpose of the Ontario Society for Professional Engineers (OPSE)

-advocacy body for engineers separate from PEO and membership is voluntary -helps with professional networking -separate from regulatory functions -develops and advocates engineering solutions for public policy in many sectors

How is a Divisional Organization structured

-divided by what people work on (product line A, B or project A, B) -ppl located in product/project group)

What are the 4 branches of Philosophy

-ethics -logic -epistemology -metaphysics

What do trademarks protect and for how long

-logos, slogans, designs, symbols, names -last 15 yrs and can be renewed indefinitely

What is the general idea of Kant's Duty Based Ethics

-most basic good is "good will" -each person has duty to act in a way that would be acceptable as a "good will" principle to be followed by everyone -we should strive to develop "good will" be honest keep your promise obey law ect.

What do copyrights protect and for how long

-original written material, computer programs, music, paintings, -lifetime of creator + 50 yrs if its a copy works, films or photos, 50 yrs

Issues with Kohlbergs Ethics of Justice

1-model is androcentric and western centric 2. Carol Gilligan says women are psychologically different than men 3. focus on justice is too narow 4. too rational, ppl dont normally make the most rational decisions

What 2 Requirements does the term "Professional" imply

1. An organization who certifies people (self governed) 2. An individual who holds credentials

PEO evaluates engineering experience based on 5 quality-based criteria:

1. Application of theory 2. Practical experience 3. Management of engineering 4. Communication skills 5. Social implications of engineering -environment, health, safety of public

Who are the 4 philosophers discussed and their ethical idea

1. Aristotle (virtue) 2. Locke's (rights) 3. Kant's (duty) 4. Mill's (Utility)

What are the 7 requirements to be a licensed engineer (PEO)?

1. Education: Undergraduate degree from a CEAB-accredited institution a. Completion of Technical Exam if required b. Applicants with foreign credentials must satisfy PEOs educational criteria 2. Experience - Min. 48 months (4yrs) of acceptable work 3. Knowledge of local practices a. Must demonstrate knowledge of local Canadian laws, standards, codes, technology, climate b. At least 12 months (1yr) Canadian engineering experience under a P.Eng. 4. Knowledge of professional practice & ethics a. Successful completion of professional practice exam (PPE-Law and Ethics exam) 5. Language: Must be able to communicate fluently in the language of the province/ territory 6. Good Character - 3 Referees, no criminal record 7. Age of majority (18yrs)

It is an offence for an unlicensed person(s) to:

1. Practice engineering or geoscience 2. Use "engineer" title to give the wrong impression that person is licensed 3. Use a Professional Seal that leads to the belief that one is licensed

What are the three stages of Kholbergs theory of Moral Development

1. Pre-conventional (birth -9yrs) 2. Conventional (10-20yrs) 3. Post conventional (20yrs+)

What are the steps to ethical problem as a design problem

1. Recognize ethical problem and gather data 2. Define the ethical problem -what exactly is wrong 3. Generate alternative solutions (synthesis) 4. Evaluate alternative solutions (analysis) 5. Decision making/ optimization 6. Implement the solution

What are 8 examples of disciplinary penalties?

1. Revoke license of practitioner (or Cert. of Authorization) 2. Suspend license (up to 2 years) 3. Limit practitioner's professional work by imposing restrictions 4. Reprimanding, admonishing or counselling practitioner 5. Publishing findings and penalty in Gazette, with or without names 6. Payment for costs of investigation/hearing 7. Demonstrate knowledge - course of study or/and written exams 8. Impose a fine ($5,000 -$15,000)

5 Criteria for a Professional

1. Specialized Knowledge - study, skill training, preperation -certification and continue skill development 2. good judgment 3. leadership 4. ethical conduct 5. duty to protect public

To carry out principle objective, the Association has 5 additional objectives

1. To establish, maintain and develop standards of knowledge and skill among its members. 2. To establish, maintain and develop standards of qualification and standards of practice for the practice of professional engineering. 3. To establish, maintain and develop standards of professional ethics among its members. 4. To promote public awareness of the role of the Association. 5. To perform such other duties and exercise such other powers as are imposed or conferred on the Association by or under any Act

What are the 4 Theories for Moral Reasoning

1. Virtue Based Ethics 2. Rights-based ethics 3. Duty Based Ethics 4. Utility Based Ethics

How Does PEO define professional Engineering

1. any act of planning, designing, composing, evaluating, advising , reporting, directing, or supervising 2. that requires application of engineering principles 3. concerns safeguarding life, health, property, economic interest, public welfare or environment, or managing such an act

What are the the 2 levels of the pre-conventional stage of Kholbergs theory of Moral Development

1. obiedence and punishment (okay to get caught) 2. self interest (whats in it for me)

PEO's Definition of Professional Misconduct DIDNT DO THE REST WE NEED TO FIGURE OUT A BETTER WAY FOR THIS ITS SO LONGd

a) negligence, b) failure 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, c) failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public, (d) failure 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. (e) signing or sealing a final drawing, specification, plan, report or other document not actually prepared or checked by the practitioner. (f) failure 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 nontechnical authority in cases where the practitioner is responsible for the technical adequacy of professional engineering work. (g) failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public. (h) breach of the Act or regulations, other than an action that is solely a breach of the code of ethics.

What is the three categories of a Conflict of Interest

actual perceived Potential

What do Integrated circuit topography protect and for how long

appearance or configuration of an integrated circuit -10 yrs non renewable

What is a engineers authority in decision making

apply technical knowledge and skills

Advertising in Engineering is unacceptable if:

claims greater than responsibility doesn't give credit shows false portions of project belittles another engineering project

What is your professional obligation if you discover illegal, criminal or unethical activities

discuss with supervisor first as employer must be given opportunity to remedy situation if supervisor refuses to ask move up company latter according to code of ethics you have done ur duty at this point

What is role of eomployee

excecute tasks defined by manager/organization

Advertising in Engineering must be

factual, clear and dignified

What is the differences between a Leader and a Manager

leaders use inspiration and teamwork instead of authority to get stuff done

What do Patents protect and for how long

new, useful, innovative devices machines and processes - 20 yrs, nonrenewable

What are the roles of a manager

organizes, sets direction and creates structure managers have organizational authority

What is PEO mission

regulate and advance the practice of engineering to protect the public interest

What 4 things does Ontario's Professional Engineers Act outline

self regulation Licensing Enforcement Discipline

What do Industrial designs protect and for how long

shape ,appearance, pattern of a thing -only protects appearance, not material, how its made or works - 10 yrs nonrenewable

What does the Council of Association do

they are the governing body and board of the directors they manage and administer its affairs

What do Trade secret protect and for how long

they just discourage disclosure of valuable business info and their is no legal protection other than a signed employment contract

What are legal Conflicts and what should employee do if in one

when employer tells u to do something illegal. they cannot do this and employee should say no and explain why

What is the Definition of a Conflict of Interest

when engineer recives a benifit or engages in a relationship which interferes with duty owed to client or employer

In order to obtain a Certificate of Authorization (CoA) you must have the following requirements:

· 1 professional Engineer - supervisor capacity, personal responsibility · liability insurance · participation in competency programs

What are the requirement for Consulting Engineers (Ontario)?

· 2 years continuous eng experience in private practice · 5 years relevant eng experience after becoming P.Eng · must pass any required exams · Has a CoA

What is the best way to protect the public?

· Allow only educated/competent professionals to practice · Unlicensed professionals are breaking the law (PEO Act), and are prosecuted

Where do complaints normally come from against practitioners?

· Building officials · Government inspectors Practitioners

What are the required communication skills for leader?

· Emotional intelligence o Must be able to express vision, mission, values, etc. o Must be able to engage and inspire people · Recognize and adapt to people with different communication styles: o Assertiveness—high or low o Orientation towards tasks or people

What are 2 examples of constructive or wrongful dismissal?

· Employer makes significant change to a fundamental term or condition of an employee's employment without employee's actual or implied consent o Reduced work, less authority, forced transfer, demotion, unilateral change in responsibilities · Serious misconduct of employer toward employee

What are the consequences by courts for unlicensed practitioners?

· Fines for unlawful use of title ($10,000 - 1st offence; $25,000 - 2nd offence) · Fines for practicing without license ($25,000 - 1st offence; $50,000 - 2nd offence) · Jail terms (30days in 2005 for contempt of court)

What is the ideal role of a Consultant Engineer?

· Guide & protect interests of client through technical advice o Offer solutions, with defined benefits, risks, implications Client must make and own decisions

The primary purpose of an engineering license is to protect the public against ...

· Incompetence · Negligence · Misconduct