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RE: Direct Supervision in Texas

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While the second sentence of the direct supervision rule, if standing alone,
might imply "continuous presence" of the supervising engineer, the first
sentence clearly refers to "regular personal presence" and "reasonable
geographic proximity". This implies something less than continuous presence
but at least with some regularity of direct interaction. I think that this
wording is primarily intended to prevent an engineer from sealing work which
has been developed by another engineer in another office (either of the same
company or perhaps another consultant), and without adequate "supervisory
control" over the technical aspects of the work. But it could also apply to
two engineers in the same office, i.e., if the sealing engineer does not
"regularly" confer with the designing engineer. 


William C. Sherman, PE 
(Bill Sherman) 
CDM, Denver, CO
Phone: 303-298-1311
Fax: 303-293-8236
email: shermanwc(--nospam--at)cdm.com


> -----Original Message-----
> From: Caldwell, Stan [mailto:scaldwell(--nospam--at)halff.com] 
> Sent: Wednesday, April 14, 2004 9:43 AM
> To: seaint(--nospam--at)seaint.org
> Subject: RE: Direct Supervision in Texas
> 
> 
> Charley:
> 
> You can read the TBPE Rules at:  
> http://www.tbpe.state.tx.us/downloads/laws.pdf
> 
> Section 131.166(c) states:
> 
> "Engineers shall only seal work done by them or performed 
> under their direct supervision, except as provided in 
> subsection (m) of this section concerning standards. Upon 
> sealing, engineers take full professional responsibility for 
> that work."
> 
> Section 131.18(9) states:
> 
> "Direct supervision--Critical watching, evaluating, and 
> directing of engineering activities with the authority to 
> review, enforce, and control compliance with all engineering 
> design criteria, specifications, and procedures as the work 
> progresses. Direct supervision will consist of an acceptable 
> combination of: exertion of significant control over the 
> engineering work, regular personal presence, reasonable 
> geographic proximity to the location of the performance of 
> the work, and an acceptable employment relationship with the 
> supervised persons. Engineers providing direct supervision of 
> engineering under the Texas Engineering Practice Act, 18(b), 
> shall be personally present during such work."
> 
> Note that this wording, which is intended as an official 
> definition, is the same as that in the guidance document that 
> I quoted yesterday.
> 
> Like most professional licensing boards, TBPE publishes 
> one-paragraph summaries of its disciplinary actions.  
> Presumably, the summaries describe the essence of each 
> matter.  A number of Texas PEs have been found guilty of 
> various forms of plan stamping.  You can read about all of 
> them at:  http://www.tbpe.state.tx.us/disciplinary.htm.  Mr. 
> Perge appears in the disciplinary actions taken at the 
> 01/09/03 meeting.  I included the entire published account of 
> this matter yesterday.  I do not know Mr. Perge personally, 
> and do not know any other details of this case.  According to 
> the online database at the TBPE website, Mr. Perge is a civil 
> engineer.
> 
> Finally, you should know that Texans are a healthy bunch.  We 
> do not succumb to the flu <grin>.
> 
> I hope that this adequately addresses your various questions.  
> 
> Regards,
> 
> Stan R. Caldwell, P.E.
> Dallas, Texas 
> 
> ¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤
> 
> Charley wrote:
> 
> It seems like "regular personal presence" could reasonably be 
> interpreted to mean that the EOR routinely is available to 
> the project engineer for questions and consultation during 
> the development of the project. When the EOR is away, I would 
> guess that "exerting significant control" could take place, 
> by either delegation to a trusted subordinate (senior 
> engineer) or restriction of scope of work (e.g. "Don't send 
> these layouts and details to drafting before I get back and 
> review them.").
> 
> I agree, however, that the final sentence seems to contradict 
> the prior sentence by stating the supervising engineers must 
> be personally present at all times.  Unless that last 
> sentence is actually Board Rule 131.18(9) and the prior 
> sentences are the clarification.  Stan?
> 
> Question for Stan:
> 
> Does the enforcement action give any details regarding the 
> cause for complaint?  Was Mr. Perge not present *at any time* 
> during preparation of the design (i.e on vacation the whole 
> time), or was he simply absent periodically during the 
> design?  If the latter, I agree with Jim.  If you have to be 
> physically present at all times, how does any work get done 
> when the Principals all get the flu?
> 
> Charley
> 
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