Question
Local Environmental Studies (LESS) was hired by Regressive Properties to conduct a study on the contamination on a former industrial site that they had purchased
Local Environmental Studies (LESS) was hired by Regressive Properties to conduct a study on the contamination on a former industrial site that they had purchased and wished to redevelop into residential properties. LESS held a Certificate of Authorization and the responsible professional engineer was Zeta P.Eng. who worked part time for LESS as an employee, usually in the evenings and on weekends. Zeta was a well qualified engineer in this field with over 15 years of experience. His principle employer, MORE, was not aware of his employment with LESS and was not in competition with LESS. LESS employed 4 experienced technicians but no other P.Engs. The work of their technicians was normally directed and reviewed by Zeta who signed all reports. The report prepared for Regressive was not reviewed or signed by Zeta. LESS gave the report to Regressive, who then submitted it to the Ministry of the Environment as part of Regressive's application for redevelopment. Zeta was not aware of this work or LESS's action. The Ministry found that the report contained some serious errors and did not accurately identify the leaking of PCBs (a known cancer causing material) into a nearby watercourse. These leakages had been identified in a previous study that had been submitted to the Ministry by a qualified engineering firm on behalf of the previous owner. After the report was submitted to Regressive, Zeta reviewed the report and found those errors. He informed LESS of his findings but did not notify Regressive or the Ministry of the Environment. LESS also did not notify Regressive or the Ministry of the errors. Neither Zeta nor LESS attempted to remedy the report or take action to prevent the release of the PCB's.
Using PEO's Code of Ethics and Code of Professional Misconduct as your guide: (a) Discuss the conduct and responsibilities of LESS, giving any consequences. [5 marks] (b) Discuss the conduct and responsibilities of Zeta, giving any consequences. [5 marks] (c) What actions should Zeta have taken before entering into the working relationship with LESS? Discuss. [10 marks]
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