Engineering law
Engineering law (or law in engineering) is the empirical study of the application of laws in engineering. The application of laws means the study of how an ethical and corporate legal frameworks should be adopted to ensure public safety surrounding engineering practice.
Graduate attributes and professional competencies
The requirements from the perspective of the Washington Accord are for engineering graduates to attain the following knowledge and skill: 'WA6: Apply reasoning informed by contextual knowledge to assess societal, health, safety, legal and cultural issues and the consequent responsibilities relevant to professional engineering practice and solutions to complex engineering problems.' In North America it is common to have four years of professional experience before being licensed as an engineer.
Sub topics
Key topic areas for engineering law are:
- Ethics, professional misconduct and negligent practice
- Tort law is integral to engineering law
- Contract law including procurement, and supply chain.
- Product liability, especially for manufactured products.
- Intellectual property (IP) protection, which includes patents, copyrights, etc.
- Safety legislation and regulations, which includes plant safety, risk management, food safety.
- Standards and certification, which are product-specific constraints on design and testing processes.
- Patent Law, which are to help people do patent on any goods.
The practice of engineering is largely separated from the practice of science by engineering law. A physicist and an electrical engineer, practising at a large company are mainly differentiated by the laws they are practising under.
In the United States of America and Canada engineering is governed by state or provincial law.
- In New York Engineers are governed by Article 145 of the Education Law.
- Pennsylvania has the Engineer, Land Surveyor and Geologist Registration Law. Act of May 23, 1945 P.L. 913, No 367 Cl 63.
- Vermont Title 26 Professions and Occupations Chapter 20 Professional Engineering.
- New Hampshire Section 310-A.
- Massachusetts M.G.L. Chapter 112, Sections 81D to 81T, M.G.L. Chapter 112 Sections 61 to 65E and 250 CMR 5: Professional Practice.
- Michigan law regulating and licensing engineering is under Article 20 of Public Act 299 of 1980.
- Illinois Statutes lists Professions, Occupations, And Business Operations (225 ILCS 325/) Professional Engineering Practice Act of 1989.
- Maine General Provisions (32 M.R.S.A. §1251 et seq.); State Board of Licensure (32 M.R.S.A. §1301 et seq.); Licensure (32 M.R.S.A. §1351 et seq.)
- Wyoming Title 33 Professions and Occupations; Chapter 29 Surveyors and Engineers
- Florida Administrative Code Chapter 61G15 Board of Professional Engineers Organization; Florida Statutes Chapter 471 – Engineering; Chapter 455 – Professional Regulation
- Ontario passed the Professional Engineers Act, R.S.O. 1990, Chapter 28 and R.R.O. Regulation 941: General.
- Alberta Engineering and Geosciences Act; Revised Statutes of Alberta 2000 Chapter E-11.
It is illegal for a practicing engineer to jeopardize public safety in any way. This means that an engineer must hold herself or himself to the highest level of moral conduct or suffer litigation if an engineering system fails causing harm the public. Breaches of engineering law are often sufficient grounds for enforcement measures, which may include the suspension or loss of license and financial penalties. It could also result in serving jail time, should gross negligence be shown to have played a part in any incident that causes loss of human life.
Gross negligence can cause an engineering firm to no longer be vicariously liable for an engineer's negligence.
See also
References
External links
- [1] at Maine
