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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Law & Liability in Practice | 15% | - Negligence and professional liability
|
| Topic 2: Legal Framework & Legislation | 25% | - Engineering and Geoscience Professions Act
|
| Topic 3: Professional Responsibility & Practice | 20% | - Competence and scope of practice
|
| Topic 4: Safety, Health & Regulatory Compliance | 15% | - Occupational Health and Safety Act (Alberta)
|
| Topic 5: Code of Ethics & Professional Duties | 25% | - ASET Code of Ethics
|
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NEW QUESTION # 66
A regulated member designs products that are sold to another firm. That firm used a particular product in a project and it caused a workplace accident resulting in injuries. Who can the firm sue for damages?
Answer: D
Explanation:
In the realm of professional liability and tort law, professionals are held personally accountable for their negligence, regardless of their corporate affiliation. When a regulated member (like a C.E.T. or P.
Tech.) designs a product that subsequently fails and causes injury due to a design flaw, the injured party (the purchasing firm) can seek legal damages through a civil lawsuit. Under the legal principle of
"joint and several liability," the plaintiff can sue the manufacturing company (the member's employer) under the doctrine of "vicarious liability," as the company profits from and is responsible for the products it sells. Simultaneously, the plaintiff can sue the individual regulated member who actually designed the product and applied their professional stamp/seal, as that professional owed a direct "duty of care" to the end-user. The regulatory association (ASET) is not liable for the individual actions of its members (Option A). Therefore, both the selling company and the individual professional are exposed to legal action.
NEW QUESTION # 67
A regulated member on a work site is asked to coordinate the disposal of explosives left behind by a previous employer. In meeting with construction staff on the site, the member learns that none of the staff is trained to handle explosives. Which of the following should be the member's first course of action in this situation?
Answer: B
Explanation:
The right-and duty-to refuse unsafe work is a fundamental pillar of both provincial Occupational Health and Safety (OHS) legislation and the ASET Code of Ethics. Regulated members are ethically bound to hold paramount the safety of the public and the workplace, and to only undertake assignments when qualified by training and experience. Explosives are highly regulated, intrinsically dangerous materials that require specialized, legally certified blasters or disposal units to handle.
Because neither the member nor the construction staff has the requisite training, attempting to dispose of them or even "supervise" untrained staff is illegal and catastrophically dangerous. The absolute first mandatory action is to immediately invoke the right to refuse unsafe work. The member must formally notify the work site supervisor that the disposal cannot and will not be carried out by the current team, explicitly citing the lack of specialized training and the severe safety hazard as the reasons for refusal.
Only after the task is halted can safe alternatives (like hiring an explosive disposal contractor) be pursued.
NEW QUESTION # 68
According to the Occupational Health and Safety Act, who is authorized to require the production of, or examine and make copies of, medical reports or records?
Answer: D
Explanation:
Under provincial Occupational Health and Safety (OHS) legislation, medical records are treated with the highest degree of confidentiality due to strict privacy laws. During an OHS investigation-even one involving a severe workplace accident or occupational disease-standard OHS enforcement officers (Option C) do not possess the blanket authority to demand, examine, or copy a worker's private medical records. Because interpreting medical data requires specialized clinical knowledge and handling it requires medical privacy protocols, the OHS Act specifically restricts this power. Only the Director of Medical Services (a specialized medical physician appointed by the government under the Act) possesses the statutory authority to mandate the production of such sensitive records.
Furthermore, the Director may delegate this authority, but only to a specific person authorized explicitly in writing by the Director (usually another medical professional). Therefore, both A and B have this highly restricted legal authority.
NEW QUESTION # 69
Which of the following statements about Continuing Professional Development (CPD) programs is true?
Answer: B
Explanation:
The fundamental justification for the existence of professional regulatory bodies like ASET is the protection of the public. Because technology, codes, safety standards, and engineering practices evolve at a rapid pace, a professional's knowledge can quickly become obsolete. An obsolete professional is an incompetent professional, and an incompetent professional poses a severe risk to public safety.
Therefore, a purely "voluntary" CPD program (Option B) is insufficient, as it allows complacent individuals to fall behind. To fulfill their statutory mandate, professional associations must implement a mandatory program of CPD activities (Option C). This requirement ensures that every single regulated member actively maintains, upgrades, and broadens their technical and ethical competency throughout their entire career. Compliance must be tracked, reported, and audited (contradicting Option A) to ensure that the public can continually trust the protected designations (like C.Tech. and C.E.T.) to represent current, safe, and effective professional practice.
NEW QUESTION # 70
According to Part 5 of the Engineering and Geoscience Professions Act, what does an "investigated person" mean?
Answer: B
Explanation:
In the context of the Engineering and Geoscience Professions Act (EGPA) and the disciplinary processes of professional regulatory bodies in Alberta, specific legal terminology is utilized to define the roles of individuals involved in a complaint. According to Part 5 of the Act, which legally governs discipline, an "investigated person" is explicitly defined as a regulated member (or former member, or member-in-training) whose conduct is the subject of a formal complaint or an investigation. This specific term distinguishes the individual from the "complainant" (the person who filed the report), the investigators, and the members of the disciplinary boards. Using precise terminology is critical in legal and regulatory frameworks to ensure procedural fairness, natural justice, and clear communication throughout the investigative and disciplinary phases. When a complaint is submitted to the Registrar and forwarded for investigation, the member in question officially becomes the "investigated person," granting them specific legal rights, such as the right to legal counsel, the right to review gathered evidence, and the right to a fair hearing.
NEW QUESTION # 71
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