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Unlicensed engineers working for licensure exemption organizations

  • 1.  Unlicensed engineers working for licensure exemption organizations

    Posted 12-09-2019 10:14 AM

    My research into the history of U.S. engineering led me to the realization that less than half of civil engineering graduates are PEs. I hope to start a sharing of views and experiences about working as an unlicensed civil engineer in a licensure exemption organization.

     

    Full disclosure: I do not believe that all engineering graduates, regardless of their highest degree, should be licensed. Engineers, CEs and others, who chose to forego licensure can fulfill many other varied and useful roles, such as:

    • Perform mostly technical work indefinitely under the supervision of licensed engineers
    • Teach primarily engineering science courses in contrast with engineering design and practice offerings
    • Conduct research and development within or outside of academia
    • Market engineering services or engineered products
    • Start an engineering business that produces a product not subject to current laws or rules requiring engineering licensure
    • Start a non-engineering business utilizing science, analysis, and design knowledge and skills acquired during undergraduate engineering studies
    • Move on to medicine, law, or some other professional program outside of engineering, after earning a baccalaureate degree in engineering

    The preceding options aside, many unlicensed engineers, including unlicensed civil engineers, work for industries, manufacturers, utilities, government entities, and other organizations operating under state and territory licensure exemption laws. I recently developed a deeper and broader view of how personally debilitating, for engineers, and seriously damaging, for society, engineering licensure exemption cultures can be. Notice that I said "can."

    More specifically, up to 80 percent of the U.S. engineering community is practicing in situations where, very often, engineering ethics codes don't apply or are weakly administered and too many engineering decisions are made by "management" whose primary focus is the bottom line. Those engineers frequently work in environments where engineering is performed without the guidance of a competent and accountable licensed engineers whose paramount responsibility is public protection. In my view, this falls embarrassingly and frighteningly short of where engineering should be, given its potential for positive and negative impacts on the public. That is not how a profession functions.

     

    If you have foregone licensure and worked for a licensure exemption business, please consider sharing your positive and/or negative experiences. I am also interested in knowing when and why you choose the non-licensure option.

     

    Thank you.

     



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    Stu Walesh PhD, PE
    Consultant - Teacher - Author
    219-242-1704
    www.HelpingYouEngineerYourFuture.com
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  • 2.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-13-2019 11:21 AM
    Edited by Tirza Austin 12-13-2019 11:20 AM
    Great topic Dr. Walesh,
    I agree with everything you've said in your post. I advocate for engineering licensure as necessary for society but like you, I also believe non-licensed engineers can be very successful. I love engineering - all disciplines! One of my downfalls has been has been that I'm interested in just about anything complex. I'm good at understanding how things work and how to build a concept from scratch! I tend to see things from a different perspective and can break down complexity quickly. This has led me to an engineering management career as opposed to an engineering specialist. I chose not to pursue the PE because my interests spanned creative design, installation, project and program management, finance and legal issues -I didn't need a license for any of those. Just this week, in various meetings, I've been referred to (by laypersons without a clue as to the distinctions) as an architect, an engineer, a finance planner, and a strategy consultant - smh. I was thinking about those awkward introductions as I lie in bed last night and was wishing I could pick up the phone and call the Industrial engineer turned famed GE business executive Lee Iacocca and ask him how he dealt with it. There are some incredibly smart licensed PE's out there - much smarter than me - but where I excel may be an area where some technical geniuses struggle. From time to time, I've felt as some PE's act like the PE is a "club" to which I will never belong; both in academia and in industry. And that somehow discounts my contribution, perspective, suggestions, or even my whole career or education. As an example, when working out some difficult issues on a steel detail, I was told by the PE that his opinion was the only one that mattered in court and therefore didn't care what anyone else thought. Thankfully I've never worked with that PE again.

    As I get older, I find my self wondering about my legacy. Over the past summer I've been reading bio's of Christoper Wren, DiVinci, and a few others. History holds these people as Architects, Engineers, Scientists, and Artists even though none of them have gone through the educational or regulatory gauntlet that exists today to hold such titles. I see a distinction between the philosophical idea of an engineer and the legal perspective for public safety. Like everything in life, the balance lies somewhere in between the extremes.


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    Jesse Kamm PhD, PMP, A.M.ASCE
    Senior Vice President of Construction Management
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  • 3.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-14-2019 09:43 AM
    Jesse:

    Thank you for sharing your experiences and ideas -- they have strengthened my bulleted list of examples of career directions that could be taken by engineers that choose not to pursue licensure.

    You mentioned biographies. I read this biography of engineer Arthur Morgan decades ago:

    Leuba, C. J. 1971. A Road to Creativity – Arthur Morgan – Engineer, Educator, Administrator, North Quincy, MA: Christopher Publishing House.

    He "did it all" -- started his own firm, revolutionized Minnesota drainage laws, created the Miami Conservancy District with its detention reservoirs, helped found the TVA, and served as a college president.

    Stu

     



    ------------------------------
    Stu Walesh PhD, PE
    Consultant - Teacher - Author
    219-242-1704
    www.HelpingYouEngineerYourFuture.com
    ------------------------------



  • 4.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-31-2019 01:37 PM
    @Stuart Walesh Thank you for the suggested reading. I will most certainly pick that up. From what I've just read via a brief online perusal he seems a fascinating character. I love hearing about individuals that carve their own paths within their interests.

    Everyone - I've thoroughly enjoyed this discussions. Please keep them coming. Your comments have produced many ideas (at least in my own head) towards a better system of safety and ethics within US engineering while also celebrating the spirit of "just do-it" that humanity throughout the ages has embraced. I believe there is a balance and I look forward to working to advance the profession with you.

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    Jesse Kamm PhD, PMP, A.M.ASCE
    Senior Vice President of Construction Management
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  • 5.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-13-2019 12:49 PM

    Dear Colleagues:

    I agree with much of what Stuart has said.  I would also add that many academics are looking or expect exemptions from licensure. For most states, PhDs are exempt from taking the FE exam.  In many cases, these applicants do not have an undergraduate engineering degree from an ABET accredited engineering program, but complete PhD in engineering (i.e., mainly research oriented degrees).  Research degrees do not necessarily give an individual a foundation in engineering. Academic institutions do not require all PhD candidates to complete basic coursework in engineering. So, the professions end up with PhDs with PEs who may not be as well prepared to practice engineering, in some cases, not qualified to practice engineering altogether.  There are other cases, where PhDs have acquired their undergraduate engineering degrees from overseas and from non-ABET accredited engineering programs.  These programs often do not have the rigor of American based engineering programs.  Some of them are political degrees. 

    To add insult to injury, ASCE for the last decade or more, has promoted this Body of Knowledge that include acquiring a master's degree before an individual can obtain a PE license.   I agree with this concept, except that many of the professors who will teach these courses are not PE, themselves.  I also know PhDs who have failed the PP exam but teach and conduct research.  So, PEs will be taught by non-PEs in advanced areas of engineering.  So, what will they be taught; how to be research engineers? Something is amiss. Research is most often theoretical and not very practical. Typically, it is unproven. PE's need advanced engineering knowledge including methods and procedures that have been validated and proven. We really need to be taught this by other PE's (who have completed all their exam requirements).  When we look at other professions such as the medical field, we find that medical doctors are taught by medical doctors, not PhDs.  Although some may have a PhD, they also have MDs.  If you are sick you go to a practitioner, an MD, not a researcher. In the law profession, lawyers who hold JDs are taught by other JDs, not researchers.  But for some strange reason, engineers are taught by non-practitioners, non-PEs. Again, something is amiss.  It is sometimes hard to take ASCE seriously when they talk about raising the bar. Are they raising the bar?

    Personally, I completed my PE before my PhD, therefore, I completed both exams plus a law/ethics exam.  I have worked overseas in an academic and administrative capacity, so I have seen a lot of PhD applicants to civil engineering programs.

    Finally, I would say that most exemptions for licensure do not protect the public.



    ------------------------------
    Mark J. Vanarelli, PhD, PE, PG, BCEE, D.WRE, M.ASCE
    Adjunct Professor/Colorado School of Mines and
    Former Department Head of Civil Engineering & Associate Professor
    University of Kurdistan Hewler
    Broomfield CO, USA
    ------------------------------



  • 6.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-14-2019 11:59 AM
    An interesting discussion.

    As background before I weigh in, I spent the first 25 years of my career as a practicing engineering.  The majority of this as a USAF civil engineering officers where PE registration was not required. My professional engineering career did also include significant time in the private sector where registration was essential.  For the past 15 years I have been a full-time academic and done some consulting.  I'm currently registered in CO, CA & TX.  I have taught a professional practices class, which includes a section on professional registration, for the past 15 years. 

    I agree that there are many professional roles for engineers.  I would venture to guess that most do not require professional registration.

    One thing that is critical to understanding this situation is that PE registration is under the jurisdiction of the States, not the federal government.  We have, therefore, 50+ different interpretations of what is required for professional registration and of registered engineers.  Additionally, the interstate commerce clause of the constitution prevents states from requiring the design of a device built in state A to be reviewed and approved by an engineer registered in state B.  This is why you will find no PE stamps on the designs for automobile parts, for example.  This is also why the majority of registered engineers work in the civil construction industry.  Because civil works are by their nature fixed in the jurisdiction of a specific state, that state has the ability to regulate who designs and constructs the facility.  No so with, cars, medical equipment, computer software . . .  The vast majority of engineers pursue professional registration because it is in their financial interest to do so.  While ethics, professionalism, and prestige are part of the motivation, fiscal interests really drive registration numbers.  For example, the current numbers for active PE license holders in California (which documents registration by discipline) are:
    • Civil Engineering: 57,320
    • Mechanical Engineering: 15,323
    • Electrical Engineering: 10,283

    Now there are almost certainly many more electrical and mechanical engineers working professionally in California than civil engineers.  However, the only EE and ME professionals who really need registration are those working in the facilities design and construction business, or other areas (such as litigation) where there's either an express requirement for registration or other strong incentive.  This is not to say that engineers working in the aerospace business, for example, are any less professional or ethical than those working in the civil/infrastructure/construction business.  Outside of the civil/infrastructure/construction business (where state laws have jurisdiction) the quality and ethics of design professionals is supported by professional certifications from organizations such at SAE, AIAA, AIA, ASHRAE, EPRI, etc.  So it's not really fair to expect engineers to pursue professional registration where it's not legally required and there's no monetary benefit.

    Concerning registration of engineering faculty, I believe Mark is wrong in stating PhDs are exempt from taking the FE exam.  That's not true for CA or TX, and I just briefly reviewed the CO statute and I didn't see any such exemption.  (Almost all states have some sort of alternative qualification path which usually require extensive experience, but none of these are tied to having a PhD, as far as I know.) The balance of researchers versus practitioners in academia is an issue.  The business of higher education is not well aligned to support the hiring and advancement of practicing professionals.  For research institutions the finances are driven by acquiring research funding.  For teaching institutions, the finances are driven by the number of student taught.  It is extremely hard to find a PhD who has the professional practice experience to qualify for registration in most states.  People like Mark any myself who came to academia after extensive professional practice careers are few and far between.  We can't expect most faculty to have extensive professional practice experience unless and until we're willing to change the model to something like the medical school model, where most faculty are working professionals who also teach.  (I'd love to pursue such a model.) 
    In fact, I can make the case that it would be detrimental to require all faculty to hold professional registration.  I know a number engineering faculty who's background started in the sciences.  They are invaluable members of their departments and the diversity they bring to engineering education is powerful.

    Finally, I'd like to point out that professional registration is not guarantor of either professional competence or ethical behavior.  It is, by it's nature, a minimum standard.  If you think it inoculates engineers against unethical practice, just do a quick check of the enforcement actions in your state and you'll be quickly disabused of this notion.

    I'll close by saying I'm proud to be a registered professional engineer.  I encourage my faculty and students to pursue professional registration.  But it's not the path for all.  There are plenty of fulfilling engineering careers where professional registration is neither required nor beneficial.

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    William Kitch Ph.D., P.E., M.ASCE
    Angelo State University
    San Angelo TX
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  • 7.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-15-2019 10:31 AM
    William:

    Thank you for your comments, including the information about interstate commerce clause of the Constitution.

    I have a very different view regarding what you said about licensure not inoculating engineers "against unethical practice." Yes, some PEs are unethical.

    Somewhat like you, I worked eight years for a consulting firm (led and staffed by PEs) and am in my 20 th year as a consultant to such firms. As a former academic, like you, I give the leaders and members of those firms at least a B+ in ethical behavior.

    I am studying engineering disasters, including the following involving licensure exemption companies: Ford Pinto, Space Shuttle Challenger, General Motors Ignition Switch, Deep Water Horizon, amusement rides, and Merrimack Valley. These investigations reveal characteristics of some exemption cultures such as: engineering decisions made by bottom-line managers, not engineers; extreme attempts to justify production of known flawed products; ignoring the warnings of concerned engineers; the ability of engineers and others to know the company was selling a dangerous product but not take corrective action; rank amateurs designing critical devices; and outright incompetence.

    That exemption culture can emasculate individual engineers and escalate the public risk.

    No grade yet, but far below B+

     






    Stuart G. Walesh, Ph.D., P.E.
    Consultant - Teacher - Author
    Tel: 941-460-6323
    Cell: 219-242-1704
    Website: www.HelpingYouEngineerYourFuture.com
    www.linkedin.com/in/stuwalesh






  • 8.  RE: Unlicensed engineers working for licensure exemption organizations

    Posted 12-16-2019 08:27 AM
    Stuart,
       I didn't realize until I started studying PE licensure for my Professional Practice class why there were so few non-CE practitioners pursuing PE registration.  Licensure laws came into being after CE failures resulting in major fatalities, in particular dam and building failures.  Since these projects were all confined to state boundaries, state laws were effective in improving quality of engineering for such civil works.  However, this path will never be available for manufactured systems which are not confined to a single state jurisdiction.  This would require national, or even international statutes.  I wouldn't use the term licensure exempt companies for the designers of these systems.  It's not that they're exempt from licensure, it just that the state by state system doesn't apply in their world.  I think the most fruitful avenue for continued quality improvement in these arenas is in certifications by professional organizations.  The medical profession does this fairly well through board certifications.  Medical licensure, like engineering licensure, is a state function.  However, the board certifications are national (maybe even international in some cases).

      You should add the Boeing 737 Max failures to your list.  Would be a very interesting case history.  It occurred in a very highly regulated industry.  Software was a key part of the failure.

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    William Kitch Ph.D., P.E., M.ASCE
    Angelo State University
    San Angelo TX
    ------------------------------