THE DISCIPLINE FILE
THE DISCIPLINE FILE
Case No.: 19-012-RDO continued
Case No.: 19-012-RDO continued
judgment in the practice of the profession, or e. displays a lack of knowledge of or lack of skill or judgment in the carrying out of any duty or obligation undertaken in the practice of the profession, whether or not that conduct is disgraceful or dishonourable, constitutes either unskilled practice of the profession or unprofessional conduct, whichever the Discipline Committee or the Appeal Board finds. 18. The Member acknowledges that the conduct described above breached the Code of Ethics #4, which states: 4. Professional engineers and geoscientists shall comply with applicable statutes, regulations and bylaws in their professional practices. D. RECOMMENDED ORDERS 19. On the recommendation of the Investigative Committee, and by agreement of the Member and Permit Holder with that recommendation, and following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders that: 1. The Member shall ensure that a lockout/tagout procedure is formalized within the PPMP within 30 days from the date that this order is approved by the Discipline Committee Case Manager. If the above noted is not successfully completed within 30 days, the Member and Permit Holder shall be suspended from the practice of engineering until the above procedure is formalized within the permit Holder's PPMP. 2. The Member shall provide a copy of the Permit Holder's updated PPMP for review by APEGA within 30 days from the date that this Order is approved by the Discipline Committee Case Manager. If the above noted is not successfully completed within 30 days, the Member and the Permit Holder shall be suspended from the practice of engineering until the PPMP has been submitted to APEGA for review. 3. The Member and Permit Holder will receive a Letter of Reprimand, a copy of which will
be maintained permanently in the Member and Permit Holder's registration file and be considered at any future date by APEGA. 4. This matter and its outcome will be published by APEGA as deemed appropriate and such publication will not name the Member and the Permit Holder. Although there is a presumption that Recommended Orders should be published in a manner that identifies the name of the Permit Holder or Member who is subject of the Recommended Order, publication without name is being recommended in this case. The publication of the Member's name is not required in this instance to protect the public interest.
214(5) An employer must ensure that each personal lock used has a unique mark or identification tag on it to identify it as belonging to the worker to whom it is assigned. 214(6) An employer must ensure that the name of the worker to whom a personal lock or identification tag is assigned is readily available during the time a hazardous energy source is isolated. 214(7) Upon completing the work requiring isolation of hazardous energy, an employer must ensure that the machinery, equipment or powered mobile equipment is returned to operation in accordance with section 215.3. C. CONDUCT 16. The Member freely and voluntarily admits that: a. At all relevant times he was a professional member of APEGA and was thus bound by the Engineering and Geoscience Professions Act and the APEGA Code of Ethics . b. The Member acknowledges that as the Responsible Member for the Permit Holder, he breached the Alberta Occupational Health and Safety Code , 2009, by failing to have in place a lockout/tagout procedure. 17. The Member acknowledges that the conduct described above constitutes unprofessional conduct and/or unskilled practice as defined in Section 44(1) of the Act: Section 44(1) Any conduct of a professional member, licensee, permit holder, certificate holder or member-in- training that in the opinion of the Discipline Committee or the Appeal Board, a. is detrimental to the best interests of the public, b. contravenes a code of ethics of the profession as established under the regulations, c. harms or tends to harm the standing of the profession generally, d. displays a lack of knowledge of or lack of skill or
Signed,
[PROFESSIONAL MEMBER A], P.ENG. Responsible Member for Permit Holder IAN BUTTERWORTH, P.ENG. Panel Chair, APEGA Investigative Committee CHRIS GOULARD, P.ENG., FEC, FGC (Hon.) Case Manager, APEGA Discipline Committee
Date: July 5, 2019
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