April 2007

Recent Discipline Committee Decision Highlights Two Issues 

A recent decision of the Discipline Committee highlighted two issues worth noting by members. 

The case involved the structural failure of a building under construction, where there were no personal injuries. As a result of the failure, a complaint was filed against a civil engineer member which lead to a discipline hearing. 

The likely proximate cause of the failure was found to be inadequate truss bracing during construction, for which the member was not involved. 

While the member was judged not to have caused the failure, two serious issues were noted which the committee thought worth describing for the benefit of all members. 

The events of concern happened after the member's client asked him to prepare drawings that could be used for submission to a municipal council in order to obtain approval for a new building. The member prepared the drawings, including structural details for the building, and stamped/signed the drawings without qualification. The member further verbally stated to the client that the drawings should not be used for construction purposes. 

The drawings were later used by the client's contractor for construction. Subsequent to the failure, which was not due to the design, it was found that there were serious deficiencies (both omissions and errors) in the structural design as put forward in the stamped/signed drawings. 

Issue 1: While the member was a properly licensed and experienced civil engineer, it was apparent during the hearing that the member was not sufficiently experienced or competent in the structural sub-discipline. This highlights an issue that many members must address when they move from a known area of practice, to new or significantly different areas of practice, even those within the same discipline. It is very important that members get appropriate training and experience as they enter a new area of practice, for example, through the assistance of someone experienced in the area, as a mentor, who will take responsibility until the member acquires the appropriate competency and confidence. 

Issue 2: The member's use of the seal was inappropriate. It is not acceptable to stamp/sign a drawing without qualification, knowing or suspecting that it is not of an acceptable standard for which it could reasonably be used. This is still the case even though the member gave a verbal warning to his client not to use it for construction purposes. Even a qualified stamped/signed drawing must be held to a reasonable standard of practice relative to its qualification (for example, by adding 'Not For Construction' to the document.) 

As a result of these two issues, discipline was assessed against the member.

© Professional Engineers and Geoscientists of Newfoundland and Labrador