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Re: More "Responsible Charge" Stuff

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I just finished reading all the disciplinary actions carried out by the Tx
PE board for the last three years a few days ago, and I would agree.  The
summaries leave lots of important data out (IMO) that would show the
relevance of the actual misdeeds. The case noted is a typical example.
Here's another example this guy engineered something that fell down and
injured someone, that's a cardinal sin in our business but the Board only
suspended him for 6 months and probation for 18 more months (the harshest
punishment I've seen so far). There must be more too it maybe it was an
honest mistake we just don't know.

 Bill, I wouldn't get too excited about Stan's comments I find that his
interpretation is not exactly inline with the Practice Act or the Board's
positions, he has taken a fundamentalist view  of these summaries without
realizing that there must be more to these issues. IMHO You can use whatever
tool is available to you, just make sure you can and have verified
everything that has your seal on it.

Mr. John Larkin Wilson, P.E., San Antonio, Texas - File D-1301 - It was
alleged that Mr. Wilson signed and affixed his Texas engineer seal to design
plans for a cantilevered canopy that collapsed during construction injuring
workers. It appears the canopy failed because a steel bar rod specified in
the plans was too small. It was further alleged that when deflection of the
canopy was noticed prior to the collapse by the construction manager, Mr.
Wilson was notified and asked to re-check his design; however, he did not
instruct the manager to cease construction until he could conduct an
inspection or re-check his design. Therefore, it appears that Mr. Wilson
design created an endangerment to the health, safety, welfare and property
of the public and did not comply with local statutes, codes, regulations,
rules or ordinances. Further, it appears his failure to respond to the
construction manager's concerns of a possible flaw in his design suggests a
level of negligence on Mr. Wilson's part which is contrary to his
professional responsibility to protect the public, contrary to generally
accepted engineering standards and procedures and is disrespectful to his
client and involved parties. The Board accepted a Consent Order signed by
Mr. Wilson and his attorney for a two year suspension of Mr. Wilson's Texas
engineer license with the final 18 months to be probated contingent upon Mr.
Wilson's payment of a $1,500.00 administrative penalty and upon his
agreement to enroll in and successfully complete the Steel Design Course
3233 offered by the University of Texas at San Antonio.

Now in this one the fella could not prove he had done ANY calculations and
all he got was probation, and we think the board is worried that Bill might
get someone outside of his office to prepare calculations at his direction
and that he subsequently rigorously checks and scrutinizes for accuracy?

Mr. Samuel Kam-Fu Cheng, P.E., Houston, Texas - File D-1353 - It was alleged
that Mr. Cheng prepared WPI-2 forms that were submitted to the TDI
certifying one re-roofing project complied with ASCE 7-93 wind load codes
and that construction was complete for another structure that also complied
with ASCE 7-93 wind load codes. Subsequent TDI inspections disclosed that
the products used on the re-roof project could not be approved and that the
construction of the other structure was not complete. Based upon these
inspections, the TDI requested that Mr. Cheng provide additional information
to demonstrate that each structure complied with the codes cited in the
WPI-2 forms; however, Mr. Cheng failed to provide adequate information.
Therefore, it appears the WPI-2 forms Mr. Cheng prepared were misleading,
that the projects did not meet the cited codes and his actions were not in
keeping with generally accepted engineering standards and procedures. The
Board accepted a Consent Order signed by Mr. Cheng for a two year probated
suspension of his Texas engineer license contingent upon his payment of a
$2,500.00 administrative penalty.

Stan, I'm glad it's not just me that you can get a rise out of  ;-)

My two cents,
Rand

----- Original Message ----- 
From: "Jordan Truesdell, PE" <seaint(--nospam--at)truesdellengineering.com>
To: <seaint(--nospam--at)seaint.org>
Sent: Thursday, August 26, 2004 2:37 PM
Subject: Re: More "Responsible Charge" Stuff


>   Bill said...
>   I challenge this action on the part of the TBPE. On the fact of it, as
described, it is unconscionable.
>
> That's the real key here. The summary is just that - a summary, with no
real detail as to the situation.  I would hope that there were some
significant aggravating factors to this case. If TX engineering firms are
anything like those in VA, it's likely that the EOR in anything over 30-40
employees is rarely involved with the day to day work going on in the office
in any meaningful way.  As bad as this sounds, it's almost worth while to
"turn in" one of the big boys just to get a precedent set for what is usual
and customary.  Then again, it certainly seems to preclude any possibility
of using non-US labor for design.
>
> As for money generation, more and more states are adding junk fees to the
mix.  TN has a "professional privilege tax" for $400/year. WV charges you a
$25 "certificate" fee just to file your stamp in their office, after you've
paid the $150 registration, and then adds an additional $150-$600 per year
Certificate of Authorization fee if you actually want to practice.
>
>
> Jordan Truesdell, PE ******* ****** ******* ******** ******* *******
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