2021-01-14

MINE 8020
Module 2

Regulation of the
Profession

Professional Regulation MINE8020: Module 2 2021

• What we will cover in this lesson:

• The Classic Engineering Disasters

(Canada)
• Engineering Regulation in Canada
• The Professional Governance Act

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Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

Video

Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

The disaster occurred on 29th August 1907

and killed 75 workers
The bridge would have been the largest /
longest structure of its type in the world at
that time
Theodore Cooper was the engineer and
was from America; described as arrogant
and pompous
Chose a cantilever design as it was the
“best and cheapest”method to span St
Lawrence River 4

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Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

In order to cut the cost of building the piers

farther out in the river, Cooper lengthened the
bridge span from 490m to 550m.
Robert Douglas (Canadian government
engineer) reviewed the plans and criticized
them for the additional stresses.
Cooper was outraged “This puts me in the
position of a subordinate which I cannot accept”
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Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

Cooper refused to supervise the construction on

site, claiming ill health.
Trusted job to Peter Szlapka who was a desk
engineer
Summer 1907 – poor design and lack of
leadership starts to show on structure, especially
along “compression members”
A young engineer, Norman McLure, reported to
Cooper but they insisted work continued …

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Quebec Bridge Collapse, 1907

MINE8020: Module 2 2021

Quebec Bridge Collapse, 1907 MINE8020: Module 2 2021

The Royal Commission of Inquiry investigating

the calamity placed the brunt of the blame on
Theodore Cooper, who had “committed grave
errors in design and calculation of loads”
The bridge company was criticized for putting
profit above safety and for engineers who
neglected their professional and moral duties

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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

Occurred on April 23rd, 1988, with the

collapse happening minutes after opening.
A 590m2 portion of the rooftop parking deck
caved in, along with 20 vehicles.
No fatalities but 21 people treated in
hospital.
Started when an employee noted water
spraying from an overhead pipe, then a roof
beam buckled, The collapse took 4.5
minutes. 12

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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

Part of the $100million Station Square

development started in 1985.
Financial Backer: Georgilas Investments.
Facility Owners: Wesbild Enterprises and
Station Square Developments Inc.
Architects: Urban Design Group
General Contractor: Amako Construction Ltd.
Structural Engineers: Tamm Tacy &
Associates, MSS Group
Tenant: Save-On-Foods (Jim Pattison Group)
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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

What caused it?

• Changes were made to design.
• Architects and engineers recommended changes
to the design of the structure and additional
support.
• The failure occurred when a roof beam collapsed
as it was undersized for the new roof deck, and
did not have bracing along the join with the
columns.
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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

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Burnaby Mall Roof Collapse, 1988

MINE8020: Module 2 2021

What caused it?

The Commissioner of Inquiry determined
errors on the part of the engineers, contractors
and steel supplier were to blame

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Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

What caused it?

Beam Size: reduced by 27% in size during the
design phase, reasons were not determined
Concrete Topping: roof deck topping increased
from 2inches to 3inches, increasing load
Rooftop Sidewalk: Width increased from 1.5m
to 3.4m, and changed from concrete over
Styrofoam to just concrete.
Lateral Bracing: Engineer drawings did not
indicate bracing to be provided on column where
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collapse occurred.

Burnaby Mall Roof Collapse, 1988 MINE8020: Module 2 2021

Key industry practices:

Fast-tracking: Obtaining permits and starting
construction on a portion of the build before the
design is fully complete.
Bidding for Professional Services: Fee
proposal by Tamm Tacy was $17,000 on a $5.4m
total contract, therefore “did not intend to provide
the proper level of professional service”
Fragmentation contractual responsibility:
Changes were being made by different
contractors, with no oversight / communication 20

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Burnaby Mall Roof Collapse, 1988

MINE8020: Module 2 2021

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Engineering Regulation
in Canada

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Engineering in Canada
MINE8020: Module 2 2021

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Engineering in Canada MINE8020: Module 2 2021

 Engineering is a regulated profession. This is

done to protect public health and safety
 You must have a license to practice
 Other regulated professions include
geoscientists, doctors, dentists and lawyers
 Specific registration process with regulatory
body. 24

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Engineering in Canada MINE8020: Module 2 2021

 Registration may involve many requirements

and can be complicated, time-consuming and
expensive

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Regulation in Canada
MINE8020: Module 2 2021

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Regulation in Canada MINE8020: Module 2 2021

 Regulation is under Provincial Jurisdiction, so

there are 10+2 regulatory bodies
 In British Columbia, it is EGBC (Engineers
and Geoscientists of BC), and they have the
power to regulate the profession in the
Province.
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Regulation in Canada MINE8020: Module 2 2021

 Engineers Canada is the national organization

covering the 12 engineering regulators
 The current membership is over 300,000
 Geoscientists Canada is the equivalent
national body for geologists, and covers the 9
provincial bodies (note that BC and Yukon are
under EGBC for example) 28

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Professional Governance Act -

Overview MINE8020: Module 2 2021

 The Act implements two of the

recommendations made by legislating best
practices for professional governance and
establishing an Office of the Superintendent of
Professional Governance within the Ministry of
the Attorney General.
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Professional Governance Act -

Overview MINE8020: Module 2 2021

 The Act was passed by BC Legislature and

received Royal Assent on November 27, 2018
 It is a response to recommendations found in
an independent Final Report of the
Professional Reliance Review submitted to the
Ministry of Environment and Climate Change
Strategy in June 2018 30

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Professional Governance Act -

Overview MINE8020: Module 2 2021

 The Act was passed by BC Legislature and

received Royal Assent on November 27, 2018
 It is a response to recommendations found in
an independent Final Report of the
Professional Reliance Review submitted to the
Ministry of Environment and Climate Change
Strategy in June 2018 31

Professional Governance Act -

Overview MINE8020: Module 2 2021

 The Act implements two of the

recommendations made by legislating best
practices for professional governance and
establishing an Office of the Superintendent of
Professional Governance within the Ministry of
the Attorney General.
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Professional Governance Act -

Overview MINE8020: Module 2 2021

 The Act was brought into force in phases

during the Spring of 2019

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Professional Governance Act -

Overview MINE8020: Module 2 2021

Professional
OSPG
Governance Act -
Engineers and
Geoscientists BC

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PG Act – Professional Reliance MINE8020: Module 2 2021

Review

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PG Act – Professional Reliance MINE8020: Module 2 2021

Review
 In October 2017, the Ministry of Environment
and Climate Change Strategy undertook a
review of professional reliance in the natural
resource sector to ensure the highest
professional, technical and ethical standards
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PG Act – Professional Reliance MINE8020: Module 2 2021

Review
 Looked at five regulatory bodies that oversee
professions (including EGBC), and the
governments role in the oversight of them
 121 recommendations were made mainly
focused on the use of professionals. Two
though addressed governance and government
oversight of self-regulation professions
(engineers & geoscientists, biologists, foresters,
agrologists, science technologists). 37

PG Act – Professional Reliance MINE8020: Module 2 2021

Review

 These two recommendations called for the

creation of the new legislation

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PG Act – Why did we need legislation?

MINE8020: Module 2 2021

 The five bodies in the scope of the new Act

oversaw their professions under five different
pieces of legislation

 In turn, those pieces of legislation are managed

by four different government ministries
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PG Act – Why did we need legislation?

MINE8020: Module 2 2021

 This resulted in governance expectations on

professionals that differ from one profession to
another, and also different levels of service

 The new Act simplifies and standardizes how

these professions are regulated by the
government, brings consistency to expectations
(i.e. code of ethics / disciplinary expectations)40

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PG Act – Which regulatory bodies MINE8020: Module 2 2021

are included?
1. Applied Science Technologist and Technicians
of BC (ASTTBC)
2. Association of BC Forest Professionals
(ABCFP)
3. Association of Professional Engineers and
Geoscientists of BC (EGBC)
4. BC Institute of Agrologists (BCIA)
5. College of Applied Biology (CAB)
The Act does include the ability to expand the 41

framework to other professions working in the

PG Act – Which regulatory bodies MINE8020: Module 2 2021

are included?

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PG Act – Which regulatory bodies MINE8020: Module 2 2021

are included?
The Act does include the ability to expand the
framework to other professions working in the
natural resource sector or other sectors

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PG Act – Tools and Provisions MINE8020: Module 2 2021

 A centralized government office

responsible for overseeing governance
of all regulatory bodies covered by the Act
 Standardized principles of Code of
Ethics, including the requirement for
continuing professional development
 Authority for regulatory body councils to
pass bylaws without member ratification
 Authority to enable the regulation of firms
by the regulatory bodies 44

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PG Act – Tools and Provisions MINE8020: Module 2 2021

 Standardized duty for professional to

report potentially hazardous
practices by other professionals
governed under the Act
 Protections for whistleblowers
 Ability to enable practice rights for all
professions under the Act 45

PG Act –Superintendent of MINE8020: Module 2 2021

Professional Governance

Paul Craven was

named the
Superintendent for BC

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PG Act –Superintendent of MINE8020: Module 2 2021

Professional Governance
 The superintendent has statutory authority,
and will administer and enforce the Act.
 They also develop policy on professional
governance, oversee and support the
regulatory bodies to ensure they are acting in
the public interest
 They also provide annual reports to the
Minister of Attorney General.
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PG Act –Implementation of the Act

MINE8020: Module 2 2021

 Implementation started in Spring 2019 and is

being introduced in phases.
 This allows the five regulatory bodies time to
transition from current statutes to the new
framework set out in the Act.
 First stage was to establish the Office of the
Superintendent and their authority.
 The Act allows the Attorney General to
establish a Professional Governance Advisory
Committee that can assist with transition.
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PG Act –Implementation of the Act

MINE8020: Module 2 2021

Once the Act if fully implemented, then the

governing statutes of the five regulatory

bodies will be repealed

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PG Act –Implementation of the Act

MINE8020: Module 2 2021

EGBC

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PG Act –Implementation of the Act

MINE8020: Module 2 2021

 An updated Code of Ethics will be introduced,

aligned with mandatory ethical principles
contained in the PGA.
 Engineering and geoscience firms will become
regulated (BC in line with the rest of Canada).
 Continuing education reporting will be
mandatory, requiring registrants to complete
60 hours on a 3-year rolling average.
 Registrants will need to verify their area of
practice annually and keep their contact
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information up-to-date.

PG Act –Implementation of the Act

MINE8020: Module 2 2021

 The PGA also introduces broad changes

to Engineers and Geoscientists BC’s
governance structure, including
nomination and election processes and
the composition of Council.

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PG Act – Continuing Education

MINE8020: Module 2 2021

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PG Act – Continuing Education

MINE8020: Module 2 2021

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PG Act – Implications for MINE8020: Module 2 2021

Individuals

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PG Act – Implications for MINE8020: Module 2 2021

Individuals
 Professional Code of Ethics will be
standardized, with registrants being required
to adhere to these updated standards
 All registrants will be required to meet
continuing professional development
requirements
 Councils will be made of people elected on a
merit-based nomination process
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PG Act – Implications for MINE8020: Module 2 2021

Individuals
 Councils will have the authority to create
bylaws without the need for ratification from
other members
 Duty to report risks that may be posed by other
registrants to public or environmental safety
 Registrants will have to adhere to standardized
processes for registration, practice reviews and
discipline 57

Key Aspects to
Regulation

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Key Aspects of Self Regulation

MINE8020: Module 2 2021

 Self regulation is a privilege that honours the

special skills, knowledge and experience that
a profession possesses.

 It recognizes that certain professionals are in

the best position to regulate their peers.

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Key Aspects of Self Regulation

MINE8020: Module 2 2021

 The new PG Act does not change self

regulation, as EGBC Council will be elected
from membership as opposed to being
picked by Government.

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Key Aspects of Self Regulation:

Right to Title MINE8020: Module 2 2021

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Key Aspects of Self Regulation:

Right to Title MINE8020: Module 2 2021

 Right to Title for each professional must be

established through the registration process (i.e.
qualifications, experience, examinations)
 Obtaining educational qualifications is merely one
prerequisite for registration
 You have to go through an “apprenticeship period”
i.e. as an engineer-in-training (4 years)
 Discipline and enforcement proceedings can change
your practicing rights 62

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Key Aspects of Self Regulation:

Scope of Practice MINE8020: Module 2 2021

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Key Aspects of Self Regulation:

Scope of Practice MINE8020: Module 2 2021

 The Scope of Practice may be defined by the

regulatory body, or set out in the enabling
legislation itself
 Definition may be generic or specific (i.e
specializations or narrow scope of experience)
 The Scope is generally exclusive, i.e. only
registered professionals may performs tasks
within the definition
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Key Aspects of Self Regulation:

Registration
MINE8020: Module 2 2021

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Key Aspects of Self Regulation:

Registration
MINE8020: Module 2 2021

 All practising individuals must register

 In some provinces, corporation employing

professionals must also be registered

 Prerequisites include experience, education

and examination

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Key Aspects of Self Regulation:

Registration
MINE8020: Module 2 2021

 Examination by the Professional Body is

generally non-technical in nature, including
law and ethics

 Registration is required for each jurisdiction,

although you can get certain short-term rights.

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Key Aspects of Self Regulation: MINE8020: Module 2 2021

Registration
 All practising individuals must register
 In some provinces, corporation employing
professionals must also be registered
 Prerequisites include experience, education and
examination
 Examination by the Professional Body is
generally non-technical in nature, including law
and ethics 68

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Key Aspects of Self Regulation: MINE8020: Module 2 2021

Registration

 Registration is required for each jurisdiction,

although you can get certain short-term rights.

 https://www.egbc.ca/Become-a-Member/How-
to-Apply
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Obligations of the Professional MINE8020: Module 2 2021

 You must maintain technical competence and

practise competently

 Continuing professional development

 Regulatory bodies may audit members

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Obligations of the Professional:

Code of Ethics MINE8020: Module 2 2021

You must adhere to the Code of Ethics:

1. Hold paramount the safety, health and
welfare of the public, protection of the
environment, safe workplaces
2. Undertake and accept responsibility for
professional assignments
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Obligations of the Professional:

Code of Ethics MINE8020: Module 2 2021

3. Provide professional opinions only when

founded on adequate knowledge and
honest conviction
4. Act as faithful agents for clients,
employers and maintain confidentiality
and avoid conflict of interest.
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Obligations of the Professional:

Code of Ethics MINE8020: Module 2 2021

5. Uphold the principle of adequate and

appropriate compensation while
performing work
6. Keep yourself informed in order to
maintain competence

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Obligations of the Professional:

Code of Ethics MINE8020: Module 2 2021

7. Conduct self with fairness, courtesy and

good faith towards clients, colleages and
others
8. Present clearly to clients and employers the
possible consequences if professional
advice is overruled or disregarded
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Obligations of the Professional:

Code of Ethics MINE8020: Module 2 2021

9. Report to their association any hazardous,

illegal or unethical practices
10. Extend public knowledge and
appreciation for engineering and
geoscience

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Obligations of the Professional:

New Code of Ethics
1. Act in the public interest
2. Know your limits
3. Follow the law (new)
4. Follow the standards of Government, and
Engineers and Geoscientist BC (new)
5. Maintain your competence
6. State your qualifications accurately (new)
7. Distinguish facts from assumptions and opinions
(new)
8. No conflicts of interest

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Obligations of the Professional:

New Code of Ethics
9. Duty to report
10. Stand your ground
11. Each Professional is responsible (new)
12. Work Diligently & Follow the standard of
documentation
13. Fairness, courtesy, good faith

Comparison Codes of Ethics

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Comparison Codes of Ethics

Comparison Codes of Ethics

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Comparison Codes of Ethics

Obligations of the Professional:

MINE8020: Module 2 2021

Discipline & Enforcement

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Obligations of the Professional: MINE8020: Module 2 2021

Discipline & Enforcement

 Authority delegated to Professional Body by

legislation

 Members are disciplined (i.e. trained or

retrained by instruction and practice)

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Obligations of the Professional: MINE8020: Module 2 2021

Discipline & Enforcement

 Non-members practising illegally have

enforcements against them (i.e.
prevention from practice, legal sanctions /
ramifications)

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Obligations of the Professional: MINE8020: Module 2 2021

Discipline & Enforcement

 Penalties include: reprimand, suspension,

fines, termination of licences, educational
requirements, and mentorship requirements

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Professional SealsMINE8020: Module 2 2021

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Professional Seals
MINE8020: Module 2 2021

 The seal is a stamp that carries your

designation, regulatory body and member
number
 Used on drawings, specifications, reports and
other documents
 A seal indicates that the professional has
personally prepared, supervised or reviewed the
documents
 Improper use is a disciplinary offence 87

Professional Liability Insurance MINE8020: Module 2 2021

 Written into the bylaws: “circumstances in

which members, licensees or certificate
holders … must hold professional liability
insurance”
 Called “secondary liability insurance”: where
one party assumes responsibility for the
actions of another (i.e advice from you on a
project results in the client performing an
infraction)
 Fee is collected from all members 88

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Professional Liability Insurance MINE8020: Module 2 2021

 Policy provides all members with $250,000 in

secondary liability coverage, plus defense costs
to protect them against claims when the policy
is in force
 Coverage is for individuals only; corporations,
public entities or employers are expected to
carry specific liability coverage as part of their
business

89

Discipline & Enforcement:

Examples MINE8020: Module 2 2021

3 groups, each group to then tell the rest of the

class about each case:
Enforcement:
Luke Moger
• Discipline:
James Foreman
Seyed Mandi Beheshtian
Laura Fidel
 Looking at the facts, the issue and the
90
resolution

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Next Week
MINE8020: Module 2 2021

Engineering Ethics and Principles

 PGA Code of ethics
 EGBC Code of Ethics
 Professional liability A,S,&M Chapter 6

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