EPLE flashcards

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

Conflict of interest

A situation where a professional's private or financial interest could improperly influence judgment on a client or public matter; the standard remedy is prompt written disclosure and recusal from the decision.

Paramountcy of public welfare

The ethical rule that public safety, health, and welfare take precedence over obligations to an employer or client when the two conflict; it is the first canon in most engineering codes.

Seal and signature

A licensee's formal attestation that work was prepared or directly supervised by that licensee and meets the applicable standard; it creates personal accountability and cannot be delegated.

Certificate of authorization

A permit issued to a firm, rather than an individual, allowing it to offer engineering services; the firm must typically name a licensed professional responsible for the work.

Continuing professional development

Mandatory ongoing learning required to maintain licensure; licensees must usually complete a set number of hours per renewal cycle and retain verifiable records of participation.

Standard of care

The degree of care and skill a reasonably competent professional would exercise in similar circumstances; it is judged against ordinary practice, not perfection or the highest available standard.

Negligence elements

A claim requires a duty of care owed, a breach of the standard of care, causation of loss, and actual damage; failure to prove any one element defeats the claim.

Limitation period

The statutory deadline for commencing legal action, running from the act or from discovery depending on jurisdiction; it is generally distinct from and shorter than contractual warranty periods.

Privity of contract

The doctrine that only parties to a contract may sue on it; tort duties can nonetheless extend to foreseeable third parties who rely on the professional's work.

Compliance as a floor

Meeting a published code or regulation satisfies the legal minimum but does not by itself defeat a negligence claim; a higher standard may still apply in the circumstances.

Field review

A site visit to confirm general conformance with design intent and to observe progress; it does not certify the contractor's means, methods, or workmanship quality.

Shop drawing review

A contractor submittal reviewed for consistency with design intent; review does not transfer design responsibility to the reviewer or relieve the contractor of compliance obligations.

Delegation and supervision

Assigning tasks to others is permitted when the delegate is competent and supervised; the delegating licensee retains full accountability for the accuracy of the output.

Adopted edition rule

Codes are incorporated into regulation by reference to a specific edition; the edition cited in the permit or statute governs, not the most recent edition published.

As-built records

Documents reflecting the actual constructed condition, prepared separately from design drawings and clearly labelled; they are not a substitute for the sealed design record.

Informed consent

Obtaining a client's agreement after disclosing material risks, reasonable alternatives, and cost implications in terms the client can understand and act upon.

Documented assumptions

Written statements of the inputs and conditions the professional relied on; they transfer responsibility when client-supplied data proves wrong and support later claims defence.

Signatory authority

The delegated power of an individual to bind an organization to instructions or contract changes; it should be confirmed in writing before acting on client direction.

Single point of contact

A named individual per party through whom instructions flow, preventing conflicting direction from reaching the field and preserving a clear communication record.

Written confirmation of instruction

The practice of recording verbal client direction in a memo or email within a defined interval, creating an auditable trail for scope and change disputes.

Hierarchy of controls

The ordered sequence of risk controls: elimination, substitution, engineering controls, administrative controls, and personal protective equipment as the least effective last resort.

Independent check

Review of calculations and drawings by a second competent person not involved in the original work; the primary defence against single-point design error.

Quality assurance versus control

Quality assurance manages the processes that prevent error; quality control inspects and tests outputs. A defensible program requires both, not one alone.

Residual risk acceptance

Documenting the risk remaining after controls are applied and obtaining sign-off from an authorized party, rather than assuming the risk has been eliminated.

Non-punitive error reporting

A reporting regime that protects reporters from discipline so near misses surface; punitive regimes suppress reporting and allow latent errors to accumulate.

Commingling of funds

Mixing client or trust money with the firm's operating funds; generally prohibited by regulation and treated as a serious ethical breach.

Fee independence from liability

The principle that professional liability exposure is unaffected by the fee charged; low-fee engagements carry the same standard of care as high-fee work.

Flow-down clauses

Contract provisions that pass insurance, confidentiality, and standard-of-care obligations from the prime agreement to subconsultants, keeping obligations consistent through the chain.

Key-person risk

The exposure created when a firm depends on one individual; succession planning and documented procedures protect clients if that person leaves or is incapacitated.

Recovery point objective

The maximum acceptable volume of data loss measured in time; it sets backup frequency, while recovery time objective sets the acceptable restoration downtime.

Least privilege access

Granting users only the access needed for their current role, reviewed at role change and contract end rather than only at termination.

Litigation hold

A directive suspending routine destruction of records relevant to an actual or anticipated dispute; deleting held records can constitute spoliation and attract sanctions.