Supervision. May GUIDeLINE

Transcription

1 Supervision May 2013 GUIDeLINE

2 Contents Introduction 3 Foresters Act ABCFP Bylaws 4 Characteristics for the Supervision of the Practice of Professional Forestry 5 ABCFP - Guideline on Supervision 2

3 Introduction This guideline has been established to assist in the interpretation of the concept of supervision as it is used in the Foresters Act and in the Association of BC Forest Professionals (ABCFP) Bylaws. The Foresters Act establishes that the people of the province of British Columbia view the management of forest resources as sufficiently complex and important to public well-being (environmentally, socially and economically) as to restrict the practice of professional forestry to members of the ABCFP. In return for the rights of title and practice granted under the Foresters Act, ABCFP members are held to a higher standard of practice and conduct than other members of society. They have professional obligations and a code of conduct for which they can be held accountable through the courts and through the complaints resolution processes established by the profession. This guideline looks to references of supervision in the Foresters Act and bylaws of the ABCFP, and provides the characteristics for undertaking supervision of the practice of professional forestry. Foresters Act 2003 The Foresters Act requires a person to be a registered member, special permit holder or certificate holder to practise professional forestry (Foresters Act section 20) 1. Section 2 of the Foresters Act provides an exception to this requirement in that it does not restrict a person from engaging in the practice of professional forestry if the person does it under the supervision of a registered member or special permit holder acting in accordance with the special permit. By exclusion, this section does permit certificate holders to engage in the supervision of the practice of professional forestry. With respect to the term supervision, Section 20 of the Foresters Act states that a person must not engage in the practice of professional forestry unless that person is an enrolled member acting under the supervision of a registered member, or a registered forest technologist who is a) supervising the execution of work designed by a professional forester, or b) engaging in the practice of professional forestry under the supervision of a professional forester. The purpose of this professional guideline is to describe what is meant by the word supervision of the practice of professional forestry in the Foresters Act. 1 RPFs may practise the full range of professional forestry, RFTs may practise aspects of professional forestry; all registered members self-assess their competency before engaging in a practice, as further defined in the bylaws and council policy. ABCFP - Guideline on Supervision 3

4 ABCFP Bylaws The ABCFP Bylaws are established by a vote of the members to determine how the association meets its mandate under the Foresters Act. Bylaw 6 provides that an enrolled member may only engage in professional forestry practice under the direct supervision of a registered member. And that registered forest technologists may engage in professional forestry practice under the direct supervision of a registered professional forester unless they are independently carrying out those aspects of professional forestry practice within their authority. Bylaw 10 provides direction in the use of professional signature and seal for professional work prepared under a member s supervision. Additionally, when members affix their signature, seal or stamp to professional work not directly carried out by the member, then the member is to provide a certifying statement attesting to the fact that the quality of the work fulfills the expected standards and whether he/she did personally supervise the professional work. Lastly, Bylaw 11 directs that a member provide opportunity for professional development for those members under their employ or supervision. These bylaw provisions support the point that a registered member who supervises the practice of professional forestry of an enrolled member or non-member must have intimate knowledge of: the enrolled member or non-member s level of education, training and experience in each of the activities he/she carries out that would otherwise be restricted to a registered member; and each of the activities and projects the enrolled member or non-member carries out, such that he/she is taking on the professional accountability for all of the professional forestry work done by the non-member in the same way as if he/ she was formally signing off a professional document the non-member has prepared. For a member to do anything otherwise would frustrate the intent of the Foresters Act and would constitute evidence of professional misconduct. ABCFP - Guideline on Supervision 4

5 Characteristics for the Supervision of the Practice of Professional Forestry The Foresters Act requires a person to be a registered member, special permit holder or certificate holder to practise professional forestry (Foresters Act section 20). The main reasons for this requirement are so that the necessary expertise is applied to the task and so that the member can be held professionally accountable for their actions. The Foresters Act is a legislative instrument to ensure that the appropriate expertise and accountability is applied to the practice of professional forestry. Therefore a registered member who supervises an enrolled member or a non-member must take a deliberate approach in the supervision of the practice of professional forestry by: Being proactive in the supervision of the practice of professional forestry; Appropriately and consistently applying supervision of the practice of professional forestry; Answering to the professional accountability and consequence for the practice of professional forestry work done by the non-member; and Limiting the number of enrolled members or non-members that he or she supervises in the practice to ensure that there is sufficient time available for adequate supervision of the practice of professional forestry. The characteristics that fit within a deliberate approach to supervision of the practice of professional forestry are as follows: 1. A registered member or special permit holder who is engaging in the supervision of the practice of professional forestry will undertake sufficient due diligence in the proactive steps and application of the practice of professional forestry, such as: a) To ensure the person under supervision of practice has sufficient knowledge, is adequately trained such that he/she is competent to carry out the tasks; b) To monitor the professional practice work progress of the person under supervision; c) To review the professional work and files of those persons supervised in the practice of professional forestry; d) To be professionally available for questions and discussion of the professional forestry practice; ABCFP - Guideline on Supervision 5

6 e) To exercise sufficient control in the supervision of the practice so that he or she can sign and seal the document based on a personal knowledge; and f) To have a personal knowledge means to understand the location of the professional work, tasks required within the professional work, and possible outcomes of the professional work. 2. A registered member or special permit holder who is engaging in the supervision of the practice of professional forestry will ensure there is sufficient time and emphasis for each person supervised in the practice of professional forestry. a) This may involve limiting the number of persons who are under a registered member s supervision in the practice of professional forestry. There is no suggested number of persons under supervision set out in the practice; however, a reasonable approach to determine the number is to examine the magnitude and complexity of the professional work as well as the competency of the individuals under supervision, in order to make a reasoned assessment of the risk. b) This may require an assessment of the circumstances and persons. While there is not a set prerequisite for the kind of supervision, the approach is a sliding scale that should look at whether the level of supervision warrants close scrutiny, specific delegation of tasks, limited direction, or routine contact. 3. Supervision of the practice of professional forestry described in this guideline is different, and not to be confused with, employment supervision; a) Supervision of the practice of professional forestry does not apply to those aspects that are outside the authority of the Foresters Act, b) Workplace supervision occurs where colleagues have responsibility for ensuring daily activities are undertaken, and oversee the operational functions of the organization, while the supervision under the Foresters Act is the supervision of the practice of professional forestry that is carried out by those not entitled to practise in a specific area. 4. Supervision of the practice only applies to those who are not entitled to practise professional forestry in a specific area of practice. Therefore, supervision of the practice does not apply to a member who is practising in an appropriate area of authority and competence. This situation arises because forest professionals practise professional forestry independently and their professional practice is protected in the Foresters Act Section 32. ABCFP - Guideline on Supervision 6

7 a) A non-member engaged in the practice of professional forestry will do so under the direct supervision of a registered member or special permit holder; b) Registered professional foresters carrying out the practice of professional forestry will not have supervision of their practice; c) Registered forest technologists carrying out those aspects of the practice of professional forestry for which they have authority will not have supervision of their practice; d) There are circumstances where the activities and projects are large, comprising several years or several different professionals. In such cases, a coordinating professional and professional of record are required to oversee the project components and to take responsibility for the cumulative professional practice. In these cases, the professionals have independent practice and responsibility for their professional work and the coordinating member is individually accountable for the cumulative practice. It is not the supervision of practice but a logical pattern of independence and accountability. 5. The supervising member will sign off on the professional documents or professional work under supervision of the practice; (note: while the signature and seal of a registered member is used as an example to demonstrate licensure, the practice of professional forestry is not the signing and sealing of documents. It is engaging in those activities within the definition of practice reserved for registered members under the Foresters Act.) 6. Registered members engaged in the supervision of professional forestry practice must take the professional accountability for the work done under their supervision. They will ensure that the records and reporting of professional work is sufficient that they can answer any calls to account before a professional disciplinary tribunal, dispute resolution tribunal or other administrative or court tribunal. 7. Where professional forestry practice is work contracted out to: (1) another person who is a non -member; or (2) a company which has no registered members on staff, to undertake professional forestry work, or (3) where a registered member should reasonably know that the contracted work involves the practice of professional forestry and no registered members are available or planned, then the approach and characteristics are the same as those characteristics presented above. Registered members must take active steps to ensure that they can take on the professional accountability for the work done under the terms of the contract and must undertake sufficient due diligence such that the registered ABCFP - Guideline on Supervision 7

8 member can answer any calls to account for the work done under that contract before a professional disciplinary tribunal, dispute resolution tribunal or other administrative or court tribunal. Supervision is, therefore, more than a reporting relationship, lines on an organizational chart or a responsibility that can be imposed on a registered member without consent. There must be an ability to undertake the necessary due diligence to provide them the comfort required to assume professional accountability for the professional forestry work done by the non-member under their supervision. The comfort of the supervising member is based on the personal knowledge of the dayto-day professional forestry and job performance of the person being supervised in the practice. Within organizations, the role of registered members must be respected. They must have the ability, resources and authority to define and implement the processes and procedures required to ensure that they are comfortable with who they are supervising and how they are being supervised in the practice of professional forestry. Without this support, they cannot fulfill their legislated mandate or meet the professional obligations imposed by the people of the Province of British Columbia. Practical Examples of Supervision of the Practice of Professional Forestry Example 1 Mr. FP is a Registered Forest Technologist working for a consulting company where he signs documents that contain, among other things, the practice of professional forestry. And these documents are prepared by others who report to him and do not have the authority to undertake the practice contained in the documents. Unacceptable practice: Due to the nature of the field work Mr. FP has very little contact with his subordinates and rarely conducts reviews of the professional work prepared for his signature. Mr. FP considers that his employment supervisory role is sufficient to satisfy the support, if any, that is necessary for the practice reflected within the documents. Mr. FP proudly states that his careful hiring practices ensure high-quality work and no direct supervision of the practice is required. Acceptable practice: Mr. FP is involved in the planning of projects and aware of the tasks and activities which fall within his direct supervision of the practice. He reviews field information, regularly visits sites, checks reporting and provides input when required. Mr. FP is available for consultation throughout the process should problems arise. When work is complete, he reviews a draft of the work analyzing the professional content and asking for background of the activities before signing and sealing the documents. ABCFP - Guideline on Supervision 8

9 Example 2 Ms FP is a Registered Professional Forester working in a large office where she supervises twelve employees, most of whom are forest professionals while some are not. She is responsible for the delivery of a program and does not direct the day-today practice of professional forestry. She does, however, sign and seal documents that contain, among other things, the practice of professional forestry carried out by those employees who report to her. As a cost-cutting measure, Ms FP states that only her signature and seal is necessary regarding the practice of professional forestry in this office and therefore the employees, forest professionals and non-members alike, only engage in professional practice under her supervision and do not need be registered members. If they chose to be members, then it is of their own choice and not a requirement of the organization. Unacceptable practice: Ms FP s interpretation of supervision of professional practice is incorrect and due to the size of the organization Ms FP has very little direct contact with the practice of professional forestry conducted by her employees. She rarely conducts reviews of the professional work prepared for her signature. The primary administrative goal is to get the documents out the door and approved if required. The forest professionals in her employ are expected to deliver a high standard of professional work consistent with the Foresters Act; however, they do not receive practice support from Ms FP nor is their title and rights under the Foresters Act respected. Acceptable practice: Ms FP is involved in the delivery of the program under her employment supervision. She attends the planning of projects and is aware of the activities which are carried out by the staff. Her forest professionals are independently practising professional forestry and their practice contributes to the overall coordinated document that she signs and seals. She oversees and plans the adequate supervision of the practice of professional forestry by her professional staff. She regularly discusses the professional practice that is being undertaken with her staff. A team approach solves problems and helps to support professional practice for those professional and non-member employees requiring competency improvement. Ms FP is available for consultation throughout the year and proactively arranges professional development for her staff in the practice areas of their work. When documents for which she is responsible are complete, she reviews a draft of the work analyzing the professional content and asking for background of the activities before signing and sealing the documents as the coordinating professional. On reflecting her managerial situation, Ms FP recognizes that for staff and tasks that she is unable to ensure adequate professional supervision, she requires that the appropriate professional service be engaged to meet the obligations of her organization. ABCFP - Guideline on Supervision 9

10 Example 3 For the past year, Mr. Nuworker, a newly registered forest professional, has been working for Mr. FP, RPF, in a small company. When Mr. Nuworker and Mr. FP begin a project together, Mr. Nuworker does all of the preparatory field work and mapping which Mr. FP signs and seals for submission. Mr. FP has developed this standard practice to initiate and complete contracted work. Unacceptable practice: Mr. FP discusses the initial project with Mr. Nuworker, then leaves him to complete the field work, mapping and professional document. There may be only a couple of points of contact or cursory review between the initial project review and the final professional document. Mr. FP assumes if Mr. Nuworker does not approach him with issues, there are no problems. Acceptable practice: Mr. FP discusses the initial project with Mr. Nuworker, establishing a work plan, identifying specific tasks and a monitoring expectation. During the project Mr. FP reviews the work to date and discusses the progress of the professional work with Mr. Nuworker. Mr. FP insists on reviewing a draft which he carefully reviews including verification of key information, decisions, and assessments before he signs and seals the document containing professional work. ABCFP - Guideline on Supervision 10

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