[ale] Re: [ale-unemployed] A name?

[John Mills]

'Unemployed' readers -

I'm glad to see this come up, because serious legal issues are involved.

Employers designate job titles as "... Engineer" pretty freely, but there
are strict requirements on an individual or company which claims to offer
"engineering" or "engineering services" to the public. I attach a couple
of excerpts from Georgia Code related to P.E. licensing.

There are both governmental agencies (Secretary of State of Georiga) and
professional associations (Georgia Society of Professional Engineers)
involved; they have both "turf" and public safety concerns to protect,
numerous cases of genuine abuse to point to, and the law on their side.

I fear that a P.E. using the group's resources might be risking their own
license, or might at least have to defend him- or herself at a
disciplinary hearing.

I would be interested in how consulting or professional-services
agreements are worded and used by list readers now working on a consulting
or project basis.

On 11 Feb 2002, James P. Kinney III wrote:

> Chris brought up an important aspect. The word "engineer" has a legal
> meaning in some areas. While hanging the sign out that says
> "Professional Engineer" requires specific state licensing, I don't think
> having the terms in an association name will get us in trouble. As long
> as we don't claim to be P.E.s or claim to offer licensing to become one,
> there should be no problems. 

I would be cautious about offering a list of individuals to perform
engineering services.

These names are clearly asking for trouble:

> > > Association of Professional Open Source Engineers and Consultants
> > > aposec.org/net are OK as well.
> > > 
> > > Professional Engineers and Consultants for Open Source Solutions
> > > pecoss.net/org OK
> > > 
> > > Professional Open Source Engineers and Consultants Association
> > > poseca.com/net/org OK

DISCLAIMER: I am a P.E., but not a lawyer, and these are strictly a
layman's opinions. (I'm not speaking as a lawyer _or_ a P.E.)

Regards -
 John Mills



43-1-24 G
*** CODE SECTION ***  12/03/01
    
  43-1-24.
    
  Any person licensed by a professional licensing board and who
  practices a "profession," as defined in Chapter 7 of Title 14, the
  "Georgia Professional Corporation Act," or who renders "professional
  services," as defined in Chapter 10 of Title 14, "The Georgia
  Professional Association Act," whether such person is practicing or
  rendering services as a proprietorship, partnership, professional
  corporation, professional association, other corporation, limited
  liability company, or any other business entity, shall remain
  subject to regulation by that professional licensing board, and such
  practice or rendering of services in that business entity shall not
  change the law or existing standards applicable to the relationship
  between that person rendering a professional service and the person
  receiving such service, including but not limited to the rules of
  privileged communication and the contract, tort, and other legal
  liabilities and professional relationships between such persons.

43-15-2 G
*** CODE SECTION ***  12/03/01
    
  43-15-2.
    
  As used in this chapter, the term:

    [... other definitions elided ...]

    (10) "Professional engineer" means an individual who is qualified,
    by reason of knowledge of mathematics, the physical sciences, and
    the principles by which mechanical properties of matter are made
    useful to man in structures and machines, acquired by professional
    education and practical experience, to engage in the practice of
    professional engineering and who possesses a current certificate
    of registration as a professional engineer issued by the board.
    
    (11) "Professional engineering" means the practice of the art and
    sciences, known as engineering, by which mechanical properties of
    matter are made useful to man in structures and machines and shall
    include any professional service, such as consultation,
    investigation, evaluation, planning, designing, or responsible
    supervision of construction or operation, in connection with any
    public or private utilities, structures, buildings, machines,
    equipment, processes, works, or projects, wherein the public
    welfare or the safeguarding of life, health, or property is
    concerned or involved, when such professional service requires the
    application of engineering principles and data and training in the
    application of mathematical and physical sciences. A person shall
    be construed to practice or offer to practice professional
    engineering, within the meaning of this chapter who by verbal
    claim, sign, advertisement, letterhead, card, or in any other way
    represents or holds himself out as a professional engineer or
    engineer or as able or qualified to perform engineering services
    or who does perform any of the services set out in this paragraph.
    Nothing contained in this chapter shall include the work
    ordinarily performed by persons who operate or maintain machinery
    or equipment.

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