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Sam Cahan, PE                          

Indictment of a Safety/Health Professional

A recent news account reports the federal criminal indictment of a company environmental specialist for violating asbestos work practice standards. One defense attorney stated, “This is nothing more than something that should be a civil suit, on a very complicated issue.”

In this regard we note that California registered safety engineers were reminded of labels of “negligence” or “incompetence” in the following:

Recent Bulletin #30 of the California Board for Professional Engineers and Land Surveyors amended its definitions regarding the above. For the sole purpose of investigating complaints and making findings thereon:

"Incompetence” is defined as the lack of knowledge or ability in discharging professional obligations as a professional engineer or land surveyor.

“Negligence" is defined as the failure of a licensee, in the practice of professional engineering or land surveying, to use the care ordinarily exercised in like cases by duly licensed professional engineers and land surveyors in good standing.