June 2014

LEGAL BEAT
Geotechnical Engineering, Private Detective Statutes

Q

uestion: I am a licensed civil engineer, and since the establishment of my state’s geologists licensing program several years ago I have continued to see increased confusion on the part of local regulators who are unsure about whether either a professional engineer or a licensed geologist can perform certain types of work. I see the potential for a geologist to be permitted to perform engineering because the local officials are unwilling to make the distinction. Has any guidance been issued on this matter? (Washington)

A

nswer: Yes. A few years ago, the Washington Board of Registration for Professional Engineers and Land Surveyors indicated that the relationship of practice between geotechnical engineering and engineering geology was recognized by the legislature when it enacted the Washington geology licensure law. The legislature recognized that the two professions have similar technical and professional skills as reflected in the scope of practice definitions found in the Engineer’s Licensure Act (RCW Chapter 18.43) and the Geologist’s Licensure Act (RCW Chapter 18.220).

According to the Washington board, an engineering geologist is an earth scientist who has specialized in the application of geologic measurements and principles to civil works. A geotechnical engineer is a professional engineer who has specialized in the design and construction aspects of earth materials. Both professions share overlapping knowledge, skills, and abilities. Each field, however, has particular strengths. Engineering geologists typically have greater skills in characterizing geologic conditions and processes, and in evaluating how processes will be affected or will affect a specific development activity. Geotechnical engineers will typically have a greater skill at integrating typical engineering design principles with site-specific geotechnical recommendations and criteria. Another way the Washington board explains the differences is that an engineering geologist compiles scientific data that is then used by the geotechnical engineer in the design of the site development.

Q

uestion: I am an electrical engineer in private practice, and I am sometimes requested to provide expert witness testimony in connection with fires that have an electrical origin. I understand that some states have enacted “private detective statutes” requiring that anyone investigating the cause of a fire must be licensed with the state as a private detective. Have there been any clarifications on this? (West Virginia)

A

nswer: A 2003 opinion of the Maryland attorney general indicated that a Maryland court may permit an electrical engineer to provide expert testimony on the possible electrical origins of a fire, if the court believes the particular engineer has the necessary expertise and that the proffered testimony will assist the fact finder.

The opinion also noted that the engineer is not precluded from testifying as an expert on the origin of the fire if he or she is not certified as a private investigator. In reaching its conclusion, the attorney general noted that while the licensing status of a witness may be a factor in determining whether a witness is qualified to be an expert, it is not conclusive on the expertise of the witness. In particular, the court found that under Maryland law, while significant experience as a fire investigator can help an applicant qualify for a private detective license, lack of such experience does not disqualify an individual for a license if the applicant has other experience or training as a police officer or private investigator.