This document provides information about the Texas Engineering Professional Conduct and Ethics Examination, including how it can be taken, its purpose and objectives, and how it is formatted. It discusses that the examination is based on the Texas Engineering Practice Act and Board Rules, which regulate the practice of engineering in Texas. The examination consists of scenarios and questions to test familiarity with the Act and rules regarding typical ethical and professional conduct issues engineers may face.
This document provides information about the Texas Engineering Professional Conduct and Ethics Examination, including how it can be taken, its purpose and objectives, and how it is formatted. It discusses that the examination is based on the Texas Engineering Practice Act and Board Rules, which regulate the practice of engineering in Texas. The examination consists of scenarios and questions to test familiarity with the Act and rules regarding typical ethical and professional conduct issues engineers may face.
This document provides information about the Texas Engineering Professional Conduct and Ethics Examination, including how it can be taken, its purpose and objectives, and how it is formatted. It discusses that the examination is based on the Texas Engineering Practice Act and Board Rules, which regulate the practice of engineering in Texas. The examination consists of scenarios and questions to test familiarity with the Act and rules regarding typical ethical and professional conduct issues engineers may face.
Texas Engineering Professional Conduct and Ethics Examination
Based on the Texas Engineering Practice Act and Board Rules
There are two ways to take this exam: 1. Download and fll out answer sheet EB-01 as you take this exam. You will also need to download or refer to a copy of the Texas Enineerin !ractice "ct and Board #ules. These documents are a$aila%le at& www.tbe.state.tx.us!downloads.htm"ethics '. Take the exam online. The exam( answer sheet and the Texas Enineerin !ractice "ct and Board #ules are all a$aila%le at& www.tbe.state.tx.us!ethics#exam#login.h Authority and $coe: )n *une '00+( The Texas Enineerin !ractice "ct ,"ct- was re-codifed into the .ccupations /ode and can now %e found under Title 0( /hapter 1001. The "ct 1 %oard rules o$ern the practice of enineerin in Texas and( amon other thins( make it a professional and ethical re2uirement for enineers to practice 34 in conformance with standards( laws( codes( and rules and reulations applica%le to enineerin.5 The Texas Board of !rofessional Enineers ,hereafter( 3the Board5- consists of six licensed enineers and three pu%lic mem%ers appointed %y the o$ernor. This Board administers the Texas Enineerin !ractice "ct 1 %oard rules on %ehalf of the citi6ens of Texas. The Board re2uires this !rofessional /onduct and Ethics Examination to help ensure that applicants for an enineerin license in Texas ha$e studied their responsi%ilities 7 ethical( professional( and leal 7 and that applicants are aware that uidance is a$aila%le on these matters. The o%8ecti$es of this examination are to& 1. Ensure that an applicant is familiar with the professional practice pro$isions of the "ct and %oard rules9 '. !romote the "ct and %oard rules as a resource when confronted with professional conduct and ethical decisions9 +. )ntroduce an applicant to typical ethical and professional practice issues9 and :. #aise awareness that( when necessary( the Board ser$es as a disciplinary %ody throuh its compliance and enforcement powers. Act and Board Rules: )n accordance with these o%8ecti$es( you will need to refer to a current copy of the "ct 1 %oard rules as you take the examination( which may %e found in electronic copy on the Board;s we%site at www.t%pe.state.tx.us<downloads.htm. " complete $ersion of the existin law and rules is on the site. The Texas Enineerin !ractice "ct( as /hapter 1001 is commonly called( was frst enacted in 1=+> and is amended periodically. The "ct contains pro$isions prescri%ed %y the Texas ?eislature to o$ern the practice of enineerin in Texas and protect the pu%lic health( safety and welfare in matters related to the practice of enineerin. The section of the "ct are denoted @1001.AAAA5. The %oard rules( under Title ''( /hapters 1+1-1+= of the Texas "dministrati$e /ode( are esta%lished %y the Board to further clarify and prescri%e procedures for complyin with the "ct and are denoted 3@1+A.YY5. ,Example& @1+>.BB- Examination %ormat and Resonses: You will %e asked to consider a series of typical professional conduct and ethics scenarios that may ha$e actually occurred in enineerin practice in Texas. Collowin each scenario( you will %e asked one or more 2uestions. Based on the scenario and your re$iew of the "ct and %oard rules( chose the %est answer for each of the followin 2uestions. !lease read each 2uestion carefully. )t is important to understand each participants; role in the scenario and if a rule is applica%le to that participant. The exam is open %ook so you may re$iew and study the rules as you proceed. You must answer at least &' (uestions )*&+, correctly to satisfy the Board re2uirements of re$iew of the law and rules throuh this !rofessional /onduct and Ethics Examination. )f you are unsuccessful in passin the exam on the frst attempt( you will ha$e an opportunity to take the exam aain. P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page 1 of 10 Texas Engineering Professional Conduct and Ethics Examination Dcenario 1 Direct Duper$ision and Dealin of Enineerin Eork Brian is a raduate enineer and has passed the CE exam %ut is not yet licensed. Fe is employed %y a small enineerin frm( and works with *im( a licensed professional enineer and owner of the company. The frm is retained to do the structural desin of a new rural pu%lic school. The pro8ect is assined to Brian. "fter completin his preliminary calculations for the structure( Brian does a computer analysis of some of the more complex aspects of the desin. This computer analysis shows Brian;s hand calculations are essentially correct. "lthouh Brian feels he is 2uite thorouh and conscientious( he notices that *im is rarely in the oGce( pro$ides little or no super$ision( and ne$er checks Brian;s work %efore sealin and su%mittin the plans and specifcations to the client for the %iddin and construction phases. Brian wonders if *im is in conformance with the "ct and %oard rules and decides to discuss the matter with him. -uestion .. The %oard rule that most clearly addresses sealin re2uirements is& A) 1+>.BB,a- B) 1+>.B=,a- C) 1+>.++,%- D) 1+>.0+,c-,1- E) 1+>.0+,%-,'- "fter talkin with Brian( *im arees that he needs to re$iew the desin. Fe studies it in detail( notin a few minor errors in the wind loadin that Brian used( %ut fnds nothin that would re2uire chanes in the desin when constructed at that location. Brian appreciates the feed%ack and %ecomes more comforta%le in his 8o%. Then Brian learns that *im has i$en the desin plans and specifcations to his %rother( /hristopher( a construction contractor( not a licensed enineer. #ather than hire an enineer( /hristopher incorporates the desin documents into a desin-%uild proposal for a like-si6ed ,small- school. *im is aware of this and does not o%8ect. -uestion &. Ehich %oard rule %est relates to *im knowinly allowin /hristopher to use his desin as descri%edH "- 1+>.0+,c-,1- B- 1+>.++,i- /- 1+>.BB,%- D- 1+>.0B,a- E- 1+>.++,f- -uestion '. Ehich section of the "ct or %oard rule relates to /hristopher;s actionsH "- 1+>.B=,a- B- 1+>.0B /- 1+=.1+ D- 1001.00: E- @ 1+=.1> )n part due to the competiti$e ad$antae aIorded %y usin an existin set of drawins( /hristopher;s company wins the desin-%uild contract for the school. /hristopher studied mechanical enineerin in collee and desins the mechanical systems for the school. Fe knows he needs an enineer;s seal on the drawins %efore he can et a permit to start construction. Fe has a ood friend( Da$id( who is a mechanical enineer licensed in Texas( so /hristopher asks Da$id to seal the drawins. P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page of 10 Da$id o%tains a diital copy of /hristopher;s drawins( carefully re$iews each sheet( adds the title %lock and other administrati$e desinations( and aGxes his enineer;s seal to the drawins. Da$id;s act of sealin /hristopher;s desin drawins can %e e$aluated %ased on defnitions in 1+1.J1 of "ct and %oard rules( in particular( 3direct su!er"ision#5 3res!onsi$le charge#5 and 3res!onsi$le su!er"ision.5 -uestion /. Does Da$id meet the re2uirements of direct super$ision in as defned in 1+1.J1 of the %oard rulesH "- Yes B- Ko Dealin work not performed under an enineer;s direct super$ision is commonly termed 3plan stampin.5 Liolations of the "ct or any rule or reulation of the Board is suGcient cause for the Board to suspend or re$oke an enineer;s license( to issue a formal or informal reprimand( or to issue administrati$e fnes. -uestion 0. Ehat Dection of the "ct allows the Board to discipline a license holderH "- @1001.:B'B B- @1001.'0+ /- @1001.:0B D- @1001.:0> E- @1001.:B1 -uestion 1. "ssume that Da$id is found to ha$e sealed work not performed under his direct super$ision( what would %e the recommended sanction for this $iolation %ased on the ta%le in @1+=.+B,%-H "- #eprimand<M1000 fne B- ' year suspension< M'(B00 fne /- + year suspension<M+(000 fne D- #e$ocation<M+(000 fne E- 1 year suspension<M1(B00 fne Dcenario ' 3Ehy ?icensureH5 Trish is an unlicensed software enineer and has wondered why licensin of enineers is important. Fer friend *osN( a licensed enineer( explains that the licensin process was esta%lished %y the Texas ?eislature after a traic explosion of a school in Kew ?ondon( Texas in 1=+>( in which more than '00 children and teachers were killed. *osN ela%orates that the ?aw states that the pri$ilee of practicin enineerin is entrusted only to those persons duly licensed( this in order to protect the health( safety and welfare of the pu%lic. *osN i$es Trish a copy of the "ct and %oard rules for reference. "lthouh Trish works for an industry that is 3exempt5 from the re2uirement of licensure( she learns that if she e$er oIers or pro$ides enineerin ser$ices outside her company( she will %e re2uired to %e licensed. -uestion 2. Ehich Dection of the Texas "ct would exempt an enineerin employee workin solely for a manufacturin frm from the enineerin licensure pro$isions of the "ctH "- @1001.0B> B- @1001.0B0 /- @1001.000 D- @1001.0BJ E- @1001.0BB Throuh further in2uiry( Trish learns that she cannot ad$ance to the top administrati$e positions of her company unless she has an enineerin license. Dhe informs the corporate enineerin director of her interest in licensure( and he encouraes her to pursue it. P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page % of 10 "fter studyin the "ct and %oard rules( Trish learns that the licensure process re2uires( amon other thins( documentation of her enineerin experience and suita%le enineerin references. But this causes Trish to %e concerned a%out a pre$ious employment situation which she left due to diGcult personal reasons not related to her technical a%ilities. "lthouh she knows she is technically competent and is a talented enineer( Trish is fairly certain that her former super$isor( Ouentin( a licensed enineer( holds a rude aainst her and will not i$e her a fa$ora%le reference %ecause of the diGcult circumstances surroundin her departure. Ke$ertheless( Trish decides to ask Ouentin to $erify this portion of her enineerin experience in her application since he was her enineerin super$isor. -uestion 3. Ehich Dection in the "ct or which %oard rules should protect Trish from a retaliatory action from her former super$isorH "- @1001.'1' B- @1001.:B' /- 1++.B1,c- D- 1+>.0+,c-,'- E- @1+>.+> Dcenario + /ompetiti$e Biddin( !olitical /ontri%utions( and Parketin #achelle( a licensed enineer and corporate oGcer in her enineerin frm( has %een $ery in$ol$ed in community aIairs o$er her entire professional career( and is supporti$e of political candidates who represent what she %elie$es to %e %etter o$ernment. " local county oGcial( !hillip( has ained acclaim %y seekin %etter recreational facilities for the economically disad$antaed persons of his county. !hillip sends #achelle a #e2uest for !roposal ,#C!- which re2uests a %id for a hydroloy study associated with a new phase of de$elopment in a low-lyin park area. The #C! emphasi6es that /ounty funds are limited( that !hillip intends that the pro8ect help as many disad$antaed persons as possi%le( and that the fee will %e considered in selection of the enineer. Ehile #achelle is sympathetic with !hillip;s aspirations to help the disad$antaed( she responds to the #C! with a letter statin that competiti$e %iddin for enineerin ser$ices in the pu%lic sector is prohi%ited %y law under the !rofessional Der$ices !rocurement "ct ,!D!"-. Dhe reminded !hillip that( accordin to the Texas %oard rules( an enineer can %e sanctioned for %iddin enineerin ser$ices on pu%lic works. -uestion *. Ehich Dection of the "ct or %oard rule most clearly directs an enineer on the matter of competiti$e %iddin for pu%lic work with a o$ernmental entity or their representati$eH "- @1001.'0+ B- @1001.:0' /- @1001.:0> D- 1+>.B>,a- E- 1+>.B+,a- -uestion .4. Do the "ct or %oard rules prohi%it competiti$e %iddin for enineerin ser$ices in the pri$ate sectorH "- Yes B- Ko #achelle;s frm opens a new %ranch oGce in a city where se$eral politicians ask for sinifcant support and( in some instances( it appears that 3inducements5 are necessary to P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page & of 10 %e awarded enineerin work. Despite her inclination to contri%ute fnancially to worthy candidates( the $enal demeanor of these local politicians concerns #achelle. -uestion ... Ehich %oard rule i$es uidance to enineers on the matter of 3inducementsH5 "- 1+>.B>,%- B- 1+>.B>,c- /- 1+>.B>,d- D- 1+>.0+,c-,:- E- 1+>.0+,c-,B- #achelle decides to continue her tradition of contri%utin to indi$idual candidates and to the enineerin political action committee. Dhe is satisfed that she is doin so to promote %etter o$ernment and is not contri%utin amounts that would %e construed as 3%uyin5 work. ?ater( #achelle;s frm has the opportunity to su%mit a Dtatement of Oualifcations ,D.O- on a $ery lare( hih-profle transportation pro8ect in the city. The city will i$e preference for 3local5 talent. Fer %usiness de$elopment team leader( !earce( assem%les the company;s experience record and prepares pro8ect- specifc rNsumNs for each mem%er of the pro8ect team for inclusion in the D.O. " ferce competitor( !earce drafts the D.O( em%ellishin ,actually( o$erstatin- the frm;s 3local5 capa%ility to perform the enineerin ser$ices for the /ity. "mon other thins( the D.O attri%utes key expertise needed for the proposed transportation pro8ect to a senior enineer %ut that enineer works in an out-of-state %ranch of #achelle;s frm. !earce includes him in the D.O( %ut fails to mention he is not 3local.5 Ehile re$iewin the fnal draft of the D.O( 8ust prior to su%mittal( #achelle notices these em%ellishments. "lthouh it is not likely that any of the D.O re$iewers ,/ity oGcials- will pick up on how !earce has 3em%ellished5 her frm;s 2ualifcations( this trou%les #achelle. )n particular( #achelle wonders whether it is decei$in to represent her frm in the way the D.O descri%es its capa%ilities and experience. -uestion .&. Ehich Dection of the "ct or which %oard rule most clearly directs #achelle and her frm reardin the representations in the D.OH "- @1001.'0+ B- @1001.:0> /- 1+>.>> D- 1+>.01,%- E- 1+>.0+,%-,+- #achelle also notices that the Texas "ct i$es the Board authority to le$y a fne for makin misleadin statements prohi%ited %y Texas %oard rule 1+>.B>,%-. -uestion .'. Ehat is the suested sanction for makin a fraudulent statement or misrepresentation accordin to rule 1+=.+B,%-H "- 1 year suspension<M1(B00 fne B- ' year suspension<M'(B00 fne /- + year suspension<M+(000 fne D- #e$ocation<M+(000 fne E- Board;s discretion Dcenario : !ractice in "ccordance with "ccepted Enineerin !ractices and Dtandards Lan Qandt( a retired petroleum enineer( relocates to a ma8or metropolitan area. "fter a time( Lan Qandt decides he can put his enineerin skills to use %y workin as a sole proprietor enineer( doin part-time P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page ' of 10 consultin on residential type construction issues. Fe %elie$es that if he mastered the intricacies of a refnery that he is 2ualifed to consult for residential construction. The work keeps him %usy( the pro8ects are 2uick and simple( paperwork is minimal( and the money is ood. Thus Lan Qandt soon fnds him doin a %risk %usiness( %ut then he hits a run of %ad luck. "s part of a routine inspection( Lan Qandt issues a letter( %earin his Texas enineer;s seal( that states and certifes that foundation repairs for a residence are in conformance with industry standards. Fowe$er( a su%se2uent enineerin inspection %y another enineer determined that the foundation repairs did not meet city codes or industry standards and that enineer fled a complaint aainst Lan Qandt. The Board in$estiated the complaint and found that Lan Qandt did not support his opinions and( since the letter contained false( deceitful and<or misleadin information( Lan Qandt was not actin as a faithful aent for his client. -uestion ./. Ehere in the "ct or %oard rules can Lan Qandt fnd the specifc mandate pertainin to his responsi%ility to %e a faithful aent for his clientH "- @1001.10+ B- 1+>.BB,%- /- 1+>.B>,a- and ,%- D- 1+>.0+,a- E- 1+>.0+,%-,:- Dome time later( Lan Qandt testifes as an expert witness in a lawsuit. Fe makes the followin statements under oath %ased on his own enineerin 8udment& The contact of a !ier to a $eam under the (est (all foundation of the client)s retail store (as reduced $* onl* 10+# and , sla$ surface 1- inches out of le"el o"er 1-0 feet (ould $e .(ithin tolerance/ E$idence disco$ered %y another enineer showed the actual reduction in pier-to-%eam contact was J'R( not =0R( and raised dou%ts a%out Lan Qandt;s opinion reardin the le$elness of the sla% surface. Curthermore( the second enineer;s report contained sinifcant e$idence in photos( raphics( and analytical calculations( and showed that Lan Qandt;s frst statement was inaccurate and the second statement was %oth inaccurate and misleadin. Lan Qandt;s 32uick and dirty5 approach did not include ade2uate modelin( calculations( or analysis and thus aIorded no %asis for his statements at the time of his testimony. The court determined that pro$idin such testimony without fully disclosin the %asis and rationale for his opinion was contrary to enerally accepted scientifc and enineerin standards and principles( aain puttin Lan Qandt %efore the Board. -uestion .0. Ehich Dection of the "ct or %oard rules most clearly directs an enineer reardin his or her responsi%ilities when i$in expert testimonyH "- @1001.'1+ B- @1001.00: /- 1+>.B=,c- D- 1+>.0+,%-,:- E- @1+>.01,%- -uestion .1. Ehen approached with disciplinary action( Lan Qandt claimed that he was not su%8ect to such actions per the expert witness exemption in the "ct. )n re$iewin @1001.00:,e-( is this trueH "- Yes B- Ko Lan Qandt;s ultimate downfall was related to another pro8ect( in which he wrote a letter( with his Texas professional enineer seal aGxed( to the potential %uyer of a home outside the city limits reardin his inspection of the septic system. Lan Qandt P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page 0 of 10 stated that the septic system was constructed in accordance with the rules existin at that time and he certifed that the septic system was functionin ade2uately. But a professional sanitarian retained %y the realtor inspected the same septic system the followin week and pro$ided a written report( in which he stated that the system appeared to %e 3non-standard.5 )t was not constructed in accordance with state reulations and( in fact( constituted a health ha6ard with raw sewae exposed to the atmosphere throuh a non-seala%le lid. Du%se2uently( a county oGcial inspected the same system and pro$ided a written report to the residents indicatin that the system could not %e permitted and was illeally discharin sewae. The Board deemed Lan Qandt incompetent to practice in this area. Fe was also found rossly nelient( in part %ecause he failed to identify a potentially danerous sewae disposal situation that could potentially harm the pu%lic. -uestion .2. Ehich Dection of the "ct or %oard rules determines ross nelience %y an enineer is a $iolationH "- @1001.+0',d- B- 1+>.BB,%- /- 1+1.J1,10- D- 1+1.J1,1B- E- @1+>.0+,c-,'- Dcenario B /onSict of )nterest Teore is a raduate mechanical enineer( and ha$in passed the CE exam durin his senior year in collee( he now works as an Enineer in Trainin ,E)T- for a medium-si6ed enineerin frm under the super$ision of "lex( a licensed professional enineer. The frm is contemplatin su%mittin a 2ualifcations packae for the mechanical desin related to a multi-story hospital addition. Teore;s mother happens to %e a prominent physician and a liaison oGcial of the hospital %oard and has some inSuence in the fnal selection of the enineerin frm that ets this pro8ect. Teore reconi6es that a conSict of interest may exist and decides to inform "lex( %ut %efore he does( he checks the "ct and %oard rules for uidance. -uestion .3. Ehich Dection of the "ct or which %oard rule concerns conSicts of interestH "- @1+>.B>,d- B- @1+=.1+ /- 1+=.1> D- 1001.0B+ E- 1+>.B+ Teore tells "lex a%out the possi%le conSict of interest( %ut "lex takes the position that since Teore is not a principal in the frm( no pro%lem exists. Fe tells Teore not to worry( and proceeds to su%mit the frm;s 2ualifcations for consideration( makin no mention of Teore;s employment in the su%mittal. Teore %elie$es he has done all he needs to do %y informin his employer of the possi%le conSict of interest. "lso( Teore discusses the matter with his mother( and %ased on their con$ersation he feels sure that she would not rant any fa$ors %ecause of his in$ol$ement in the pro8ect. Dtill( the fact that "lex failed to mention him in the 2ualifcations packae seems improper and causes Teore to remain uneasy. Dhould "lex ha$e done moreH Dhould P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page - of 10 Teore do moreH -uestion .*. Under which %oard rule is a licensed enineer such as "lex o$ligated to inform the clientH "- 1+>.BB,a- B- 1+>.01,c- /- 1+>.B>,c- D- 1+>.0+,c-,:- E- 1+>.0B,%- Dhortly thereafter( "lex reconi6es that Teore;s relationship may %e percei$ed as an ethical issue and decides to disclose the matter to all aIected parties( in particular( to the hospital %oard. "lex;s frm is awarded the contract and "lex assins Teore to do the FL"/ desin. "s it happens( "lex has a friend who manufactures automatic shut-oI $al$es which are marketed to %oth desin and mechanical contractor frms. "lex ets a small percentae of the proft from his friend when he specifes their use. Fe instructs Teore to specify these $al$es on the pro8ect. Teore is concerned %y this re2uest( %ut since he is not personally ettin anythin for specifyin the $al$es( he proceeds with the desin as instructed. -uestion &4. Ehich Dection of the "ct or which %oard rule %est prohi%its "lex;s actions to specify these $al$esH "- 1+>.B>,c- B- 1+>.B+ /- 1+>.B=,a- D- @1001.:B'0 E- @1+>.0+,c-,B- " short time later( Teore reali6es that the scope of this pro8ect re2uires that he optimi6e the desin throuh the use of a proprietary software proram( one which the frm does not yet own and which will cost a few thousand dollars. Ehen Teore informs "lex of this need( "lex %reaks into a %road smile and tells Teore( 3);m way ahead of you. Fere( take thisV5 Puch to Teore;s deliht( "lex hands him the software. Teore is $ery pleased until( while uploadin the proram( he reali6es that this is a pirated copy of the proram that "lex 3%orrowed5 from a pre$ious employer. -uestion &.. Ehich Dection of the "ct or which %oard rule %est addresses "lex;s dishonest practice when appropriatin the pirated softwareH "- 1+>.BB,a- B- 1+>.B=,a- /- 1+>.+B D- 1+>.0+,%-,+- E- 1001.:B' Dcenario 0 !racticin Eithout a ?icense *eI( an electrical enineer( su%mitted enineered desin drawins for a parkin arae lihtin and $ertical con$eyance system to the Qip /ompany. The drawins %ore his Texas enineer seal and sinature and were dated Decem%er 1'( '00+. But Board records re$ealed that *eI;s Texas enineer license expired on .cto%er 1( '00+. *eI renewed his license on *anuary '( '00:. "lthouh his license is now current( the enineerin work *eI pro$ided for the pro8ect while his license was expired was unlawful. -uestion &&. Ehich Dection of the %oard rule or "ct %est indicates that *eI;s actions were illeal in sealin the documentsH "- @1+>.> B- @1+>.+> P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page 1 of 10 /- @1+>.++,i- D- @1001.+B1 E- @1001.+B+ )t turns out that *eI;s Texas enineer license expired simply %ecause he failed to immediately notify the Board in writin of his mailin address chane that occurred when he chaned 8o%s in Pay '000. This resulted in *eI not recei$in the renewal statement that the Board mailed to his pre$ious address. -uestion &'. )nformin the Board immediately of a chane in address is re2uired %y which Dection of the "ct or %oard rule listed %elowH "- @1001.+B1 B- @1001.+B+ /- @1+>.B D- @1+>.+> E- @1+>.++,i- *eI also learned that( accordin to %oard rule 1+>.B( he must also inform the %oard when he chanes employment. Dcenario > Poral /ourae Den6el( a successful licensed ci$il enineer( %ecomes the president of his frm and puts in place a company code of ethics( drawin on se$eral codes as models. Den6el;s early experience has con$inced him that professional responsi%ilities o %eyond 8ust o%eyin the law. Cor example( he recalls a situation in the mid-1=J0s when one of his eotechnical colleaues( Paria( o%ser$ed inade2uate shorin in a ma8or utility trench. This was not Paria;s pro8ect %ut was desined %y one of her competitors( !aul. "lthouh Paria attempted to %rin the defciencies to !aul;s attention( it %ecame clear to her that !aul was hihly distracted and was not ade2uately monitorin the pro8ect. Curther( Paria knew that while it would %e easier for her to inore this possi%ly danerous situation9 if she did inore the potential pro%lem( she felt she would not %e 3protectin the health( safety( and welfare of the pu%lic5 which is a $ital responsi%ility of an enineer. -uestion &/. )f !aul fails to correct the situation( which Dection of the "ct or %oard rules informs Paria a%out her responsi%ility to report !aul to the appropriate authority or the Texas BoardH "- @1001.BB' B- 1+>.BB,c- /- 1+>.01,%- D- 1+=.11 E- 1+>.B1 Puch later( 8ust %efore his retirement( Den6el %ecomes occupied with a new challene. Fis frm wins a contract with the /ity to desin a new o$erpass and pro$ide enineerin ser$ices durin the construction phase. The pro8ect was assined to one of their most respected enineers( Bill( a !E who desins the o$erpass and in the desin specifcations( he specifes the use of concrete %arriers %etween opposin lanes for traGc control in the detour lanes around the construction 6one. "fter su%mittin the fnal desin drawins and specifcations( sealed in accordance with state law( the /ity enineer calls and re2uests that( for fnancial reasons( the traGc control measures consistin of lare plastic %arrels %e placed instead of concrete %arriers as specifed in Bill;s su%mittal. Bill informs Den6el that the applica%le desin standards do allow for the use of %arrels( %ut he opposes the chane( expressin the concern that the chane miht compromise the le$el of safety needed in this particular situation %ecause of the hih traGc $olume P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page 2 of 10 and under-enforced speed limits. Den6el supports Bill;s opinion. Ke$er-the-less( the /ity;s transportation enineer( also a !E( decides that the additional risk is accepta%le( and makes the chane in Bill;s desin specifcations. Bill and Den6el are aware of this chane %ut make no further comment. -uestion &0. Ehich Dection in the %oard rules most clearly instructs enineers in the Board;s re2uirements when makin chanes to the desin work done %y another enineerH "- 1+>.++,h- B- 1+>.B>,c- /- 1+>.++,%- D- 1+>.++,i- E- @1+>.++,f- "n unfortunate accident occurs durin construction of the o$erpass. " traic head-on collision %etween two $ehicles resulted in the loss of se$eral li$es. This traedy would likely ha$e %een pre$ented if diIerent decisions had %een made %y the city enineer reardin the use of concrete %arriers instead of plastic %arrels. This sad experience( late in his career( was a so%erin reminder to Den6el that a hih standard of care in enineerin practice is crucial in the enineerin profession. )t also made Den6el con$ey to all his enineers that when they aree to allow someone to make chanes in their desin and specifcations( they must take that decision $ery seriously. Fe reminded his enineers that it is their responsi%ility to always %e on the lookout for situations that may put the pu%lic in 3Farm;s way5 and to always stri$in for excellence and hih standards to protect the health( safety and welfare of the citi6ens of Texas. P01/revised 9/09 "Texas Engineering Professional Conduct and Ethics Examination-- Texas Board of Professional Engineers Version XIII-- Page 10 of 10
C) To Become Licensed To Practice Professional Engineering in Ontario You Must Meet Certain Requirements. Discuss Briefly The Five Most Significant of These
A judgment that lapses into finality becomes immutable and unalterable. It can neither be modified nor disturbed by courts in any manner even if the purpose of the modification is to correct perceived errors of fact or law. Parties cannot circumvent this principle by assailing the execution of the judgment. What cannot be done directly cannot be done indirectly.