Engineering law

Engineering law is the study of how engineering ethics and legal frameworks are adopted to ensure public safety surrounding the practice of engineering. California law defines engineering as "the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work." By comparison, New York and Ontario law uses life and health in their definitions. Ontario defines engineering as the "planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment, or the managing of any such act." California law makes public protection paramount. The legislative intent is that protection of the public shall be the highest priority of the Board for Professional Engineers in California.…

Engineering law is the study of how engineering ethics and legal frameworks are adopted to ensure public safety surrounding the practice of engineering. California law defines engineering as "the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work." By comparison, New York and Ontario law uses life and health in their definitions. Ontario defines engineering as the "planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment, or the managing of any such act." California law makes public protection paramount. The legislative intent is that protection of the public shall be the highest priority of the Board for Professional Engineers in California. Engineering is a controlled activity in North America. The practice of engineering is largely separated from that of a natural scientist or a technician by engineering law and education. A semiconductor physicist and an electrical engineer practicing at a large company are mainly differentiated by the laws under which they practice and the licenses they carry, affecting the work they take legal responsibility for. The law varies from state to state but an engineer is likely to have to take legal responsibility for an engineering work. The immunity afforded to an unlicensed person (e.g. engineer in training, natural scientist or technician) whose work is reviewed and approved by a licensed professional engineer is absolute. Engineers are held to a specific legal standard for ethics and performance (see below), while a natural scientist or technician is not. Governments and the public trust engineers because their qualifications and experience are regulated by an engineering board and they are subject to disciplinary measures for professional misconduct or negligence, such as fines or suspension of license.

Taking responsibility for engineering work (supervision and oversight)

There is a supervisory exemption to engineering work in some states or provinces. Unlicensed employees may do engineering work if it is done under the supervision of a licensed engineer with an appropriate and documented supervisory model. If an engineer is going to take legal responsibility for the work of an engineer in training, a technician or a natural scientist they must follow the work as it progresses (especially any problems that arise), thoroughly review the work and ensure that adequate consideration has been given to the work. Furthermore, the engineer must be fully aware of all the challenges in the engineering work, supervision or design. The engineer must be directly involved in all solutions to the challenges in the engineering work. The engineer carries the legal responsibility for the consequences of the mistakes in the engineering work they have taken legal responsibility for according to the local Professional Engineering Statute. In the United States of America the National Society of Professional Engineers calls this concept Responsible Charge. Details are important when determining how much personal supervision and direction is enough when an engineer supervises a non-licensed individual. The engineer must be in control of the work. An engineering law textbook defines supervision as follows. "The engineer must give reasonable supervision to the work. He or she is not required to do everything in the way of watching the direction of works under his or her charge, but he or she is required to give such care and attention to the work while it is in progress as the nature and difficulties of the particular work reasonably demand." Taking responsibility for engineering work applies to outsourcing where an engineer in North America may take responsibility for engineering work performed in India or China. Engineering legislation in North America is most often silent on geography. The licensed engineer must ensure proper standards of practice, that codes and standards have been followed and public safety for work they are responsible for. The immunity afforded to an employee at an outsourced operation whose work is reviewed and approved by a professional engineer is absolute in the jurisdiction where the work is reviewed and approved. When providing licensed oversight over engineering work an engineer must provide a written plan of the supervisory or oversight relationship with non-licensed individuals. The decision-making process must be clearly laid out between the licensed engineer and the subordinate non-licensed person carrying out the work. This ensures accountability for engineering products and services especially when multiple jurisdictions are used to produce the engineered product or service.

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Text derived from https://en.wikipedia.org/w/index.php?oldid=1370550964 under CC BY-SA 4.0; modifications have been made.