What to Do 15

[buzzp]

So I have been with this company for nearly a year and have some real concerns with how things are done and not done. This company has been around for many years and rarely had an EE on staff. Is one needed here? For sure.
Since starting, I have had to gently argue the need to have a service entrance rated transfer switch (3000A service). I managed to win that argument. However, I am learning they are withholding information from me and the field is being redirected, contradictory to what the code allows and my design (ignore the need to have a good design - that don't factor in here at all). For example, they were told to use THHN instead of THHW in our underground raceways. They were told they don't need to test the GF circuit on the 3000A service entrance (with a 3000A main breaker). The MCC building had water running down the inside, almost a mini river, when it rained real hard. They withheld this information from me. I know there is a lot more going on there than I know. Unfortunately, these sites are rural and almost never have an electrical inspection. To make matters worse, we have two master electricians on site, who should know the code, who are simply doing what they are told even if it means a violation of code.
I have since learned one of our PE's (structural), who stamps the structural drawings and is employed here has a written agreement with the boss that if something happens due to the boss changing the design, that she will not be liable.
I am at a loss as to what to do. I can't just leave this alone. I know there are many other violations of code. Obviously, I am looking for another job. Should I report these violations to the customer? To the AHJ (if I can find one)? What about the PE with a secondary agreement not to be liable in the event of a problem due to the boss changing the design (like leaving out rebar the engineer wanted)?
Thank you.

 

[KoachCSR]

I doubt very seriously that any such written agreement would hold water in court - in fact, I would expect it to be quite damning as it is evidence that you were aware that your designs were being altered without your direct consent.

 

[buzzp]

UPDATE: I reported many of the safety concerns and violations to the customers management team, anonymously. They immediately called my boss, the owner of the company, and told him they received an anonymous email identifying electrical violations. He is a keen individual so I know he is well aware of who blew the whistle. After this, he has consolidated the more important tasks assigned to me to be completed in 2 days for another project they are doing. This, so he can get me out as quickly as possible while still utilizing my engineering expertise so as not to delay the construction. I gave my boss a letter yesterday identifying all the safety concerns and that I would be reporting it the AHJ. I fully expect when I get back to the office, I will be let go. It is simply amazing someone can have such a disregard for other's safety by installing oversized breakers, undersized wire, remove grounds from equipment to get them operable, defeat electrical protection devices, etc. and not even bat an eye. I expect to discuss my letter with him late this afternoon or Monday and will post the results of the discussion here.

 

[djs]

Ok something I don't quite understand. The OP has stated that he did not sign/seal the electrical drawings. Were the drawings sign/sealed by another PE? If not how did the company(GC) get a building permit that included major electrical construction? Per5haps the AHJ is also failing?

On the other hand if there are sealed construction drawings, and the actual construction deviated from them, then those changes are clearly a violation on part of the GC and can be easily documented and reported.

 

[buzzp]

djs,
I don't claim to understand the requirements of general contractors as it related to building non public facilities. However, I believe they operate under the guides that it is not a public facility. In addition, I believe one only needs a licensed electrician to pull a building permit. To make matters worse, the GC is allowed to sign off that the electrical system was installed per code. There is no electrical inspection required given the remote location of the facility - no electrical inspectors. Scary but true according to the state. No PE signed off on these drawings.

 

[LionelHutz]

The statement "protecting the public" does not only apply to areas the general public can enter. Employees in a privately owned limited access structure are still "the public".

 

[SwinnyGG]

I realize I am swooping in late to this party... but:

It appears from your posts Buzz, that you've approached all discussion with decision makers at your company a certain way- pointing out code violations and expressing that you're upset about those violations.

The missing piece appears to be that the owner/management of your employer doesn't seem to understand the consequences of an injury or death due to a non-code-compliant installation. You say 'they don't care'; I suspect they don't care because they don't understand the consequences of what they're doing. In my opinion, you would be doing yourself and your employer a favor by explaining these (potentially extremely severe and shop-closing) consequences in goriest detail you can manage; they don't need to care about conforming to code for its own sake- conforming to code out of fear of losing your job and your business is a pretty effective motivator. I've seen it.

Have you framed any of your communication in this way? I.E. "if the GF system has not been tested and someone is severely injured or killed due to a GF system failure, [buzz's employer] is open to a massive amount of liability, especially if reports are being issued stating that GF system testing was completed when it has not been" and also "[buzz] is aware that GF system tests and other code-compliance procedures are not being followed, and [buzz] is bound by professional duty and will not perjure himself in the event that a code compliance failure results in litigation"

I would most certainly get that second part on the record via email or memo or whatever, if you haven't already. You need to make it explicitly clear that you are bound by both personal and professional ethical standards and will, under no circumstances, lie to protect them should their substandard business practices lead to litigation. You also need that communication on record so that should they ever be involved in litigation, you are clearly seen to not be complicit with negligent practices.

I have been in similar a similar situation before; I posted about it in the SE subforum, because I wanted/needed some SE input to determine if I was being unreasonable and to help point me at the correct code to help me out. When I dealt with my situation, just talking about code compliance problems didn't move the needle; what turned the tide in my favor was explaining what kind of liability exposure the company was exposing itself to by failing to comply with the code, and explaining that by trying to force code compliance of our systems I was working FOR the company's best interest, not against it.

So we're clear: I am not trying to imply that you've handled this the wrong way, at all. You're in a tough position. Just try to think of a way to frame your actions as those of an ally, not an adversary.

 

[buzzp]

I tried showing explaining someone could get fried by the nearly 800 amps that could flow if a GF went undetected. In addition, this equipment is in a common walk way, outside, on what might be an ungrounded concrete pad (which wouldn't change the outcome if it were there w/o GF protection). I also explained the possible outcome of using a 18,000 amp breaker instead of the required 65,000 amp breaker that is needed. I explained to him the outcome of every situation we discussed. I did exhaust all the angles I could with no result.

So I sent the letter and got fired less than 10 minutes later. Said he couldn't move forward with me when I am reporting them to the authorities. Asked for my key and said he would have to escort me out. I am certainly not surprised but they left me no choice.

Been trying to report this to someone who can do something. Project is in Illinois where no permit or electrical inspection is required. I don't even think Illinois has adopted the NEC on a statewide level. The county don't have any electrical code to speak of. I called the Fire Marshall and told them. They were very interested but again, nothing they can really do but they will visit the site for fire code compliance. Where should I go to next? The only thing that comes to mind is letter to a couple key individuals; Governor and Attorney General.

 

[buzzp]

Oh, the customer doesn't seem to care or know any better. They were notified about violations and how this could lead to someone getting hurt of killed, by a electrician that cared, anonymously. They promptly sent the email to my employer without even considering the contents. This is somewhat due to the industry (feed mill) but more likely to do with their lack of knowledge on the subject.

 

[SwinnyGG]

If nothing else, you have a wrongful termination case that's as open-and-shut as any I've ever heard of.

 

[Sparweb]

Yes, if you speak to an attorney at this stage it seems like you have accumulated enough evidence for a case.
You may want a referral to an attorney with some competence in workplace safety/hazards/accidents. You may be able to get some names from the state licensing authority/board which would be preferable to the automobile accident litigators who plaster pages of the phone book.
Let them know you have a grievance, but your first pursuit will be the establishment of the facts of the hazard to safety. Without substantiating the threat - to people who may not have the background to understand it clearly - you will have a much more difficult time demonstrating that you were fired without cause. But as J said, it sounds open-and-shut to me, too.

STF

 

[rotw]

Quoted
Said he couldn't move forward with me when I am reporting them to the authorities.
Unquoted

The negativa of this sentence implies that should you have not reported him, he was willing to move forward with you. There was zero margin to manoeuver and now such a statement. I really hope that there is some sort of justice that will cut him down.

 

[SwinnyGG]

If your former employer is an Illinois company, you should call Ken Vanko at CCM.

 

[djhurayt]

buzzp
good karma to you for doing what is right

 

[buzzp]

My former company is not based in Illinois. I have already started to try to find a competent attorney. However, I am not so sure I have a case given I haven't been to the job site for many months (was always given an excuse as to why I couldn't go) and can't really say I seen the inadequacies first hand. Also, without at least an inspection of some sort from a third party, I don't see anyone collaborating by accusations. However, I do have written evidence on a couple of non-compliance issues. I just don't know if that will be enough. That's what attorneys are for.

This whole situation is disheartening...no one in this county has the authority to assure compliance with minimum electrical safety standards. Not even in the state, since they haven't even adopted the NEC, in general. It is up to the local jurisdictions to require this. Illinois must be a mecca for dishonest electrical contractors to cut corners while putting citizens in danger. I will report this to the Governor and Attorney General, after that, any injuries that occur will be on their shoulders.

 

[dik]

Cass... Thanks for the information...

I generally keep samples myself as well as those at the office, so there is a continuity... I had a case about 20 years back where the samples 'got lost'... The court case was a few years after the investigation and someone did some housecleaning in the interim. Ever since then I don't rely on others to maintain my specimens. Same with photos... I take them, I download them on my machine, and burn a CD/DVD, sign and date it. and put the CD/DVD in the project file and if a PM is involved, give him an additional signed copy of the CD/DVD. The CD/DVD is uploaded on to our server, and the IT guys reduce the size and resolution so it 'fits' the company standard... not realising that they have likely ruined it for use as evidence. The real copy is the one on my desktop.

Dik

 

[SwinnyGG]

What state is your former employer located in?

To prove wrongful termination, you don't necessarily have to prove the code compliance problems individually. You have to prove that you were dismissed because you reported code noncompliance

Those are different things.

A lot of people on this board have dealt with issues like this- if you tell us what state you're in you're going to get some good references.

 

[dik]

Going over the posts, the only thing I can see that may have been overlooked... by advising the client and your ex-employer of the outcome, in the event of a problem, they are clearly negligent and by being advised of this and not mitigating the problem, they may not have any insurance coverage.

Dik

 

[buzzp]

jgKRI: My former employer located in Montana - they have state wrongful termination laws for 'reporting violations of public policy'. There may be other legal matters related to being a general contractor, too. Getting an attorney on the phone is proving to be difficult. Getting one to return your call is just as difficult. Still trying though.

dik: I am not sure their negligence is an issue until something happens. I do know they carry some forms of insurance.

I did send an electronic letter to the governor with my concerns, with links to videos of recent explosions in their state and neighboring states and videos of breakers failing as result of trying to interrupt too much current. Hopefully, this will raise some eye brows.

I will try to continue to update this thread, as necessary, and welcome any feedback. If I am not responding, it is because I was advised not too by an attorney.

 

[djhurayt]

FWIW, personally, if I were in your shoes, I would not be saying another word until I talked with of a lawyer.

 

[dik]

I am not sure their negligence is an issue until something happens. I do know they carry some forms of insurance.

agreed... but, knowing that you may be personally liable, and not insured, may cause some action... it's unfortunate that some poor b*stard gets fried in the process...

Dik