General questions from new PE in exempt Industry. 5

[LukeBizzy]

Hello,

I recently received my PE license and I have a few questions. I work for a company that manufactures industrial equipment for domestic and overseas customers. The equipment is not used by the public. Therefore, I believe the engineering employees are exempt from our state’s licensure requirements (i.e. industrial exemption).

In this environment, what is different for me now that I have my license? I studied my states regulations and statues, but I’m still not 100% clear. Here are some specific questions:

1.) For now on, when I do my normal engineering duties (design, project management, etc.), is everything I do classified as “practicing professional engineering?”

2.) Does it matter if I stamp/sign my work or not? Is the level of accountability or responsibility any different?

3.) Am I automatically in “responisble charge” of everything I work on? Does this give me an new level of authority? I currently work under an unlicensed engineering manager. Does this change my relationship with this person in any way?

4.) Am I now vulnerable to any new legal burdens? Could I be sued directly? Should I obtain professional liability insurance of some sort?

5.) I regularly produce engineering drawings and calculations. I just right my name on calculations and put my initials in title blocks on drawings. Do I have to do anything additional new (i.e. indicate license number, etc.)? Is something more formal required?

6.) I read the engineering code of ethics and my state’s laws. I am familiar with the rules, but what are the consequences of misconduct? I understand that I could lose my license. Could I also end up in court; or even worse, in jail?

I am very happy that I now have my license. I just want to make sure I understand what it means.

I apoligize if these exact questions have been discussed in preivous threads. I read many old threads, but did not find exactly what I was looking for.

Thank you for your help!

 

[Ron]

You are in the twilight zone!

If you sign/seal anything, even in the "industrial exemption" realm, you accept personal liability.

If you are exempt, then my suggestion would be to not seal anything.

Tough situation though...since you are licensed, you will always be held to a higher standard than an unlicensed engineer doing the same work...keep that in mind.

I admire that you selected licensing in an exempt industry, just be careful that more is required of you now.

 

[IRstuff]

Sad to say, but your license is essentially irrelevant relative to your company's operations. Nevertheless, product liability considerations would apply if you do seal or sign anything as a PE.

That's because sealing implies an acceptance of liability; in the California PE act, it states:
"a licensed mechanical engineer who signs mechanical engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents" The converse of this is that the PE is responsible for damage when unaltered documents are used.

TTFN
faq731-376

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Of course I can. I can do anything. I can do absolutely anything. I'm an expert!

 

[zdas04]

When I got my P.E. I was required to attend a meeting in Houston with our corporate lawyers. The said:
[ul]
[li]We are happy that you have gotten you P.E. it reflects well on the company[/li]
[li]The work you do for us is exempt as long as you don't stamp it. Contract out anything that requires a stamp[/li]
[li]The company does not hold itself out to offer engineering services so we are precluded by law from providing professional liability insurance for you[/li]
[li]If you do stamp something for us, we will not pay you extra for it.[/li]
[li]If you are sued for something you stamped we are precluded by law from supporting your suit. We cannot provide legal advice and in fact we will be required to dock your pay for any time you spend working on defending the suit.[/li]
[li]Insurance for professional liability is expensive and we cannot give you any advice on what it should cover, but any cost will be on you[/li]
[li]Just don't stamp/seal anything for us, ever.[/li]
[/ul]

When I said that the company had paid for my study material, travel expenses to the test, and registration fee, they said "yes, having P.E.'s on staff reflects well on the company".

That seemed like really good advice to me.

David Simpson, PE
MuleShoe Engineering

Law is the common force organized to act as an obstacle of injustice Frédéric Bastiat

 

[MikeHalloran]

Star for zdas04. Great advice.

On the bright side, when you get too old and/or expensive for an exempt employer to afford, you can hang out your shingle, just like David did. Go look at his website; great stuff.




Mike Halloran
Pembroke Pines, FL, USA

 

[greenone]

My experience with a Civil PE was similar to zdas4. In fact, my company would not put PE on my business card. Several times, I was deposed as a witness in company lawsuits, and whenever opposing counsel would try and have me proffer an engineering opinion, our counsel would object on the grounds I was not there as an expert witness.

 

[LukeBizzy]

Thank you all for the useful advice. In the future, if I find myself in a tricky situation, what is my best source for advice? Would it be to contact the board or talk to a lawyer? I think I would feel more comfortable talking to a lawyer. I think I could express my concerns more openly (i.e. without worrying about setting off any red flags, etc). Are there certain lawyers that specialize in this sort of thing? If so, what are they called?

 

[Ron]

LukeBizzy....there are lawyers who specialize in representing engineers for professional liability claims and there are also lawyers who specialize in representing engineers before licensing boards. Either of them could give advice on your concerns, but more likely the ones who are more familiar with actual engineering law and board rules would be of greater help to you. Look at the public records available from your state board of engineers. You'll see the names of lawyers who have represented engineers for complaints against their licenses. This would be a place to start.

 

[LukeBizzy]

Ron,

Thanks for the idea. That's a very slick approach. I wish I thought of that!