PRESENTATION
TO
TEXAS STATE BOARD OF REGISTRATION
FOR PROFESSIONAL ENGINEERS
BY
TEXAS COUNCIL OF ENGINEERING LABORATORIES
JULY 1990
INTRODUCTION
The
testing, evaluation, and inspection of materials used in construction
for individual projects are services offered by the member firms of the
Texas Council of Engineering Laboratories. These services are
professional in nature, requiring specialized education and a high level
of professional and technical competence. The importance of
qualifications and experience on the part of the Materials Engineering
Laboratory (MEL) offering services to the public, is recognized by law
through examination and licensing procedures for the Materials Engineer
who supervises, directs, and is responsible for the specially trained
engineering technicians that normally perform most tests and inspections
used to monitor materials quality and construction performance.
The Texas Council of Engineering
Laboratories adopted a position during the 1970’s that the construction
phase services (see attached ACIL Manual of Practice) performed by
member firms were “Professional Engineering” services. During
recent years, a few have emerged from within the public to deny the
professional nature of these services and to consider them as only
technical services. There are a number of factors that support the
professional status of the services provided by the MEL. The
purpose of this presentation and of the personal appearance by members
of the Executive Board of the Texas Council of Engineering Laboratories
is to acquaint the members of the Texas State Board of Registration for
Professional Engineers with some of these factors and to request the
State Board’s assistance in obtaining an interpretation that the testing
services performed by the MEL are included under the definition of
“Professional Engineering” in the Rules promulgated and adopted by the
State Board under the authority of the Texas Engineering Practice Act.
FACTORS AFFECTING PROFESSIONAL STATUS
Requirements of the
Laboratory Clients: The primary clients of the MEL have
traditionally been Engineers, Architects, Owners, and Contractors.
Many years ago most requests for tests from clients were specific, the
service was performed in a “cookbook” fashion from a specified testing
standard, and the results required no interpretation by the laboratory.
The client made his own interpretation of the results of the test he
prescribed and the sole responsibility of the testing laboratory was to
follow instructions. The assignments were routine, repetitive, and
limited in scope. Dramatic changes occurred over a period of
years and the “routine” assignment was replaced by requests for testing
programs, investigations of problems, interpretations of test results,
rendering of opinions, giving advice, evaluating or establishing test
procedures, and consulting with the prime professionals. A
responsibility for interpreting results is now often stated and is
almost always expected on an “as required” basis. The explosion of
knowledge, the proliferation of testing standards, and the high degree
of specialization that has occurred in every area of engineering
practice has contributed to this new and expanding role of the MEL.
It is most difficult, if not impossible, to practice in the field of
testing today without the capability to respond to this concept of
professional responsibility. The laboratory client of today
demands a higher level of proficiency and performance from the MEL he
engages for his project.
Relationship Between the
Materials Engineering Laboratory and the Construction Materials Engineer:
The proper relationship between the MEL and the construction materials
engineer can be found in the definition of construction materials
testing. The definition declares that construction materials
testing is an “integral” part of construction materials engineering.
The two should not exist in separate environments. This
relationship is proven up every day in actual practice and can be
further defined by the following two facts:
(1)
Essentially
every test requires initially, or may ultimately require, an
interpretation by
the performing laboratory on the adequacy or significance
of the test results, and
(2)
Essentially
every interpretation involves application of engineering judgment.
The MEL is retained to help assure
the Project Owner that he is receiving the type of workmanship and
materials which he contracted to receive, and in a broad sense, to help
safeguard life, health, and property. The MEL services are
basically for the detection and segregation of non-conforming materials,
and usually include recommendations for steps for corrective action.
The Materials Engineering
Laboratory should submit reports of all tests and inspections,
indicating (where applicable) compliance with the Designers’
requirements as identified in the Project Specifications or other
contract documents. The report(s) should be objective and factual
and cite the tests performed, methods employed, values or results
obtained, parts of the structure or project area involved, and any other
similar pertinent data. The report(s), including those made
orally, should be documented and should be signed by a Materials
Engineer with expertise in the area covered by the report.
From these distinctive
responsibilities, a compelling need can be seen for all aspects of these
services to be under the direction of a person charged with engineering
managerial responsibility. The importance of this relationship
between the Materials Engineering Laboratory and the Construction
Materials Engineer was recognized by the American Society for Testing
and Materials in l967 when they adopted Standard E 329 (attached).
This Standard requires the testing and inspection services be performed
under the direction of a registered professional engineer who has had at
least 5 years of engineering experience in inspection and testing of
construction and materials. This Standard is widely used in
specifications throughout the State of Texas to establish the criteria
for the testing agency.
The professional status of the
Materials Engineer was again recognized in l984 with the establishment
of a Materials Engineering Division within the American Society of Civil
Engineers. The Division was created to establish a means by which
the civil engineering profession could recognize the role played by the
Materials Engineer and to provide a forum for the technical advancement
of engineers who deal with construction materials.
Geotechnical Engineering
Continuity: Many
Materials Engineering Laboratory firms also offer Geotechnical
investigations as a primary part of their services. These
investigations have long been recognized as professional engineering
services. Frequently, these Geotechnical investigations are
extended into construction phase testing and inspection services with no
clear distinction between professional or non-professional status.
The result has been that the MEL has involved the Geotechnical Engineer
throughout the foundation construction to provide continuity between his
design and the actual construction.
Liability Issues:
Loss prevention and risk management are very important issues with MEL
firms of today. The liability placed on the MEL today is equal to
that share by other professional firms involved in the design process.
This situation has only served to further increase the need by MEL firms
to provide a significant level of professional management and direction.
