OACETT PPE flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Duty of care

The legal and ethical obligation of a practitioner to act with reasonable skill and foresight toward clients, employers, and third parties who may foreseeably rely on the work.

Conflict of interest

A situation where a personal, financial, or family interest could reasonably be seen to bias professional judgment; the standard remedy is written disclosure and consent.

Negligence elements

A successful negligence claim requires a duty of care, a breach of the reasonable practitioner standard, causation of loss, and actual damage suffered by the claimant.

Protected title

A designation such as Certified Engineering Technologist that may lawfully be used only by persons registered with the regulator; misuse is a statutory offence.

Seal and signature

Applying a seal certifies that the work was prepared or directly supervised by the member and that the member reviewed and accepts professional responsibility.

Statute of limitations

A law setting a time limit within which a claim must be brought, commonly running from the date of the act or from the date the harm was discovered.

Continuing professional development

Ongoing, verifiable learning required to maintain certification; members record activities and report them to the regulator on the prescribed cycle.

Regulator mandate

The statutory purpose of the self-governing body is protection of the public interest, which takes precedence over the commercial interests of members.

Whistleblower duty

Where an employer or client creates a risk to public safety, the member must report to the appropriate authority rather than remain silent or complicit.

Contract essentials

A valid contract requires offer, acceptance, consideration, and intention to create legal relations; ambiguity is construed against the drafter.

Competence limitation

A member must decline or obtain supervision for work outside demonstrated competence, referring the client to a qualified specialist where necessary.

Discipline panel powers

A regulator's hearing panel may dismiss a complaint or impose penalties including reprimand, conditions, fine, suspension, or revocation of the certificate.

Confidentiality exceptions

Client information stays confidential unless disclosure is compelled by law or court order, or is necessary to prevent serious harm to public safety.

Standard of care

The degree of care and skill expected of an ordinarily competent practitioner in the same field under similar circumstances, not the highest possible standard.

Record keeping duty

Members must retain records sufficient for another competent practitioner to review, reproduce, or audit the work, in accordance with statutory retention rules.

Registration requirements

Certification generally requires accredited education, verified work experience, a professional practice examination, and evidence of good character.

Ethical decision model

A structured approach: establish the facts, identify affected parties, check statutes and codes, weigh alternatives, choose the public-protecting option, document the reasoning.

Liability limitation clause

A contract term that excludes or caps damages for certain losses, enforceable only where legislation permits and never effective to defeat the regulator's public-protection role.

Peer review

Independent checking of designs or calculations by a qualified second party, used as a control against error in high-consequence engineering technology work.

Public appointees

Non-registrant members of the regulator's council or board appointed to represent the public interest and ensure the body serves public protection.

Accepting gifts

Accepting hospitality, gifts, or referral fees that could influence technical decisions is improper; only nominal items incapable of affecting judgment are acceptable.

Copyright in drawings

Ownership of copyright in drawings and reports generally rests with the author or the author's employer; the client receives a licence unless assigned in writing.

Self-reporting duty

Members must notify the regulator within the prescribed time of convictions, discipline findings, or licence actions that bear on their fitness to practise.

Suspension for non-payment

A certificate may be suspended when fees or continuing competence requirements are unmet; practising while suspended constitutes an offence under the statute.

Informed consent

Before proceeding, the member must disclose material risks, alternatives, and conflicts so the client can make a voluntary and informed decision about the work.

Hierarchy of controls

A safety design principle ranking controls from elimination and substitution through engineering controls to administrative measures and personal protective equipment.

Advertising rules

Public statements must be truthful and not misleading; claims of superiority, guarantees of outcome, or use of protected titles by non-registrants are prohibited.

Complaint process

Complaints pass through intake, investigation, and either dismissal or a hearing before a discipline panel, with reasons and appeal rights provided.

Third-party reliance

The duty of care can extend to parties who foreseeably rely on the work, such as contractors and purchasers, even without a direct contract with the member.

Work ownership on departure

Files, drawings, and data created for an employer remain the employer's property when a member leaves, unless a written agreement provides otherwise.

Appeal of decisions

Registration and discipline decisions may be appealed to a statutory appeal body or the courts on a defined standard of review, not to the deciding panel.

Professional misconduct

Conduct falling below the standard expected of a registrant, including incompetence, dishonesty, breach of confidentiality, or disregard for public safety.