Board reprimands RPEQ for unsatisfactory professional conduct

17 May Board reprimands RPEQ for unsatisfactory professional conduct

What happened?

The Board received a complaint about the conduct of a RPEQ in carrying out professional engineering services for a project undertaken in Queensland.

The complaint alleged that the RPEQ provided engineering designs and inspections of a carport and patio posts and to ensure they were installed correctly and met requirements.

The complaint alleged:

• major construction details were missing from the RPEQ’s engineering plans and designs,

• following installation of the structure per the engineering plans, elements of the construction failed and

• the RPEQ failed to adequately respond to requests to rectify the faults in the design.

The Professional Engineers Act 2002 (Qld) (PE Act) provides grounds for disciplining a RPEQ “if the engineers have behaved in a way that constitutes unsatisfactory professional conduct.”

What is unsatisfactory professional conduct?

Under the PE Act, unsatisfactory professional conduct includes the following:

• “conduct that is of a lesser standard than that which might reasonably be expected of the registered professional engineer by the public or the engineer’s professional peers;

• conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care, in the practice of engineering;

• misconduct in a professional respect;

• fraudulent or dishonest behaviour in the practice of engineering;

• other improper or unethical conduct.”

What did the Board do?

The Board investigated the complaint. The Board’s investigation revealed:

• The services provided by the RPEQ met the definition of professional engineering services as defined in the PE Act.

• The carport as originally designed was structurally inadequate and the approved design of the carport, which was certified by the RPEQ was unsatisfactory.

• Inadequacies in the engineering design for the project breached objectives of structural design of buildings under the National Construction Code.

• The RPEQ’s certification of a Form 15, despite the design’s inadequacies was a deficiency in his professional duty, as was his failure to respond appropriately when it became apparent the original designs were inadequate.

• The investigation found sufficient evidence that the structural integrity issues resulted in the carport becoming unstable and causing it to move unpredictably.

• The investigation also found that revisions made to the initial designs in attempts to rectify the issues were also defective.

After the investigation concluded, and pursuant to the PE Act the Board accepted the investigation findings and found the RPEQ’s conduct meets the definition of unsatisfactory professional conduct, namely:

• conduct that is of a lesser standard than that which might reasonably be expected of the registered professional engineer by the public or the engineer’s professional peers and

• conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care, in the practice of engineering.

As a result, the Board:

• issued a reprimand to the RPEQ.

Don’t let this happen to you. Remember:

• As a RPEQ, always maintain appropriate standards of professional conduct and practice.