Hijacking the Engineering Profession
Appears in Print As: Vantage Point: Hijacking the Engineering Profession
Burt Siegal
President
Budd Engineering
Skokie, Ill.
A degree from an accredited engineering school and a job in your company’s engineering department lets you call yourself an engineer, right? Think again. Professional engineers, a small fraction of the engineering community, are attempting to own the word “engineer” and are taking legal steps to have their way.
Illinois, like other states, has a Professional Engineering Act that licenses engineers who design roads, sewers, airports, power plants, and other large, public works. The Act specifically exempts engineers who design products or conduct research for manufacturers or industry.
Nonetheless, PEs are highly organized and have spent millions lobbying to become the gateway to determining who is an engineer. It is the relentless objective of the National Society of Professional Engineers that all engineers (other than Licensed Structural Engineers) become licensed PEs and pay annual licensing fees. In the mid-80s, they succeeded in amending the Illinois and many other states’ P.E. Acts so that using the title “engineer” or any of its derivations implies you are a licensed professional engineer. They have tried, thus far without success, to have the manufacturing exemption deleted from the Act.
The Act also lets any third party with a real or imagined grievance drag an engineer or company into court claiming fraud if they are not licensed. I’m living that nightmare. I have a BSME from the Univ. of Illinois and founded Budd Engineering in 1959. I’ve designed hundreds of products for manufacturers and have never practiced professional engineering. Yet the Illinois Dept. of Professional Regulation, which has not questioned my competence, is prosecuting me and my firm. Their entire case rests on the fact that my firm is Budd Engineering and I call myself an engineer.
The complaint was instigated by a former client. If they don’t allow the manufacturing exemption, I’ll be liable for two civil penalties of up to $5,000 each. A Class A misdemeanor and a Class 4 felony can also be imposed.
If the Department can establish a precedent against someone with my credentials, who is safe? Many engineers and companies may be forced to defend themselves or change their names. The Act leaves every engineering company vulnerable to being sued by lawyers on contingency. Unfortunately for MACHINE DESIGN’s engineering readership, similar P.E. Acts exist in most states.
The Illinois Manufacturers Assn., The Institute for Justice, and many others recognize the absurdity of graduate engineers not being able to legally identify themselves as engineers, and support my case.
I have better things to do than waste my time on this fight and spend my retirement fund on legal fees. I have promoted engineering all my life, so the last thing I would advocate is engineering fratricide. But MACHINE DESIGN’s readers and members of engineering organizations must coalesce to prevent a determined and organized minority with a large lobbying budget from imposing their will on the vast majority of engineers — threatening our livelihood and even identity.
Learn more about Mr. Siegal’s battle, including his countersuit in Illinois Circuit Court, at www.IAmAnEngineer.org.
Edited by Kenneth J. Korane
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Comments
There are greater problems
I've read many of the articles about PE licensing and I had to finally chime in. I've dealt with many incompetent people in quite a few professions who were all licensed. I've also worked with people who have very impressive resumes with multiple engineering degrees who could not back them up. We all take tests to get our Engineering degrees which shows competence in understanding the material that was taught. The PE test is another level of the same principle. I have no problem calling myself an Engineer as I design small automation equipment and I apply the engineering principles that I have been taught while obtaining my BSME. There's also a lot more to my job than crunching numbers. I feel if you have any kind of engineering degree and are working in a field where you applying what you have learned, than you are an engineer.
Like every profession, there are shining stars as well as incompetent morons (including licensed Mechanical Engineers). I have interviewed many people for my company and I don't care if you have a PE or a 4 yr degree. You must have formal training and above all, be able to show me that you can do the job. I am constantly bombarded with questions from family & friends when something breaks & it usually comes down to poor design, either from incompetence or short cuts for cost savings. There is a much greater problem in Engineering than licensing.
Thank you
Andrew Farkas
Several comments say "just
Several comments say "just go take the test and stop whining." Ah, if only it were that easy.
I've worked as an electrical engineering design consultant for about 20 years. I've designed hundreds of circuit boards and have worked with many clients. I have a degree from a top-notch engineering school. Late last year, I decided it would be cool to be able to put the title "Engineer" on my business card after all these years. I found it was impossible for me to even take the test.
To get a professional engineering license, an applicant needs to take two tests. The first test is the Fundamentals of Engineering (FE). It is a pretty difficult test for anyone who has been out of school for a while, because it covers a broad variety of material, certain sections of which are not even covered at many institutions. Although I can't say that I agree with the scope of test, I did not find it too difficult to study the material and it was kind of neat to learn some structural engineering.
I would have taken the FE. However, I started to fill out the Professional Engineering Test application and hit a brick wall. The application had two requirements that were difficult or impossible for me to meet: (1) it required "4 recommendations from people you have worked for who have PE licenses in your field." After contacting almost everybody I could think of, I came up with 3 EE PE's (all at a single
client) and 1 Civil PE. Close, but no cigar. (2) It also required that I had worked for four years under supervision of EE PE's, and I hadn't.
When I discussed these requirements with the State licensing office and with someone at the National Society of Professional Engineers, they both agreed with me that, because there are few (if any) EE PE's working in the design world, it would be pretty much impossible for me to even qualify to take the test.
Requiring recommendations from PE's and PE supervised experience only makes sense if there are, in fact, PE's working in your chosen field or industry. For many who work in the engineering profession, there aren't.
These requirements stink of exclusivity and protectionism rather than an earnest interest in ensuring engineering excellence. If certification or proving competence is really the goal, bring it on. I'm up for it.
PS: So, uh, does this letter qualify as whining?
(please, please label this as from anonymous -- I don't trust regulatory boards)
Consultant
As a civil engineer
As a civil engineer (outsider maybe to this site?), I can tell you the majority of equations and methods of solving problems were developed by several governmental organization in varying fields: NASA, army corps, FAA, NRCS, ACI, etc.. The funny thing is that none of the people, even the highest regarded engineers in these organization, have PEs.
I think the PE isn't catered towards engineering advancement, it's catered more towards keeping the capitalism industry competitive.
Just get the license
I also have degrees from the University of Illinois, my friend. You should pass the exam easily. This is a long standing requirement in the states and territories. The exam review itself is worthwhile. Go get the license. I feel that your energies are better spent complying with the law than in fighting it.
Hogging the Engineer Title
This is as absurd as McDonald's trying to get exclusive rights on the letter "M". Questions is, who can stop these self-serving idiots? Answer is probably no one because most judges lack common sense and follow what is politically correct nowadays, in an effort not to offend anyone. Unless...we band together and fight for what is right and logical. Where do I sign up?
Have You Read Your P.E. Act?
I am the author of the article everyone is commenting about. I cannot comment on P.E. Acts in states other than Illinois, but most are similar as a result of the P.E. 's relentles and well financed lobby and their model Act. I have been forced to re-study our Act for the last four years and know it word for word.
Illinois, and probably most, if not all ofl the other states, do not require that ALL ENGINEERS be licensed; only those who practice "professional engineering". The legislators then listed about four dozen examples of what they meant by "professional engineering" and you would instantly recognize designing dams, railroads, sewage treatment plants, etc. as examples of civil engineering. If in 1945, when the Act was created, they used "Civil" instead of "Professional" there would have been no confusion. The Act specificly exempts engineers who work for industry. There is absolutely nothing in the Act requiring you to be licensed if you are a consultant to industry. You are actually specifically exempted from the act as a "research affiliate". Some responders have stated that if you are paid for doing engineering you must be licensed. This might be in the NSPE hope chest, but there is no basis for this absurdity in the law.
There are over 2,000,000 engineers in America and a little over 200,000 P.E.'s, some of whom work for industry and chose to get a P.E. for what ever reason. While they sometimes will use "P.E." next to their signature on a letter, have you ever seen a production part drawing that had a P.E. stamp on it? I must have seen at least 50,000 prints in my career and cannot recall ever seeing one. The P.E. Act REQUIRES P.E.'s TO STAMP THEIR DRAWINGS.
I wanted no part of the P.E. 's when I graduated and I like them less now. Having spent a lot of effort promoting engineering in public appearances, visiting schools, running an intern program, etc. That is the only thing I have in common with them. This organization, representing a small minority of engineers, is trying to impose their will on our huge, but very fragmented, majority.
The last time I looked there were three different fundaments exams and a small number of second exams in various specialties. Unfortunately the people creating the certification exams are about 30 years behind the status of modern engineering. What is the specific competence of a P.E. doing FEA, rapid prototyping, antenna design, designing optics, bio-engineering, RFID, genetic engineering, fiber optic gyroscopes, DNA analysis equipment, mold flow analysis, GPS, broadcast engineering and more than a hundred other speciaties when there is nothing in these fields that are tested by the exam? I found nothing that tested competence in mechanisms, complex aluminum extrusions and technology transfer; three areas in which I have a national reputation. Not by taking an exam covering things I learned earlier at the University of Illinois, but by actual engineering acomplishments.
You know how treacherous are the product liability laws. How about designing several hundred products and devices (most of which were put into production and distribution) and never being involved in a product liability claim or even a legal complaint? They also generated over 125 patents for my clients. That is why we never had to advertise or even make a brochure in fifty years.
I am subject to and respect the laws of the United States and the State of Illinois, not the desires of the NSPE. I am being forced to drain my retirement fund to pay lawyers to enforce my constitional right to truthfully call myself an engineer and to fight a second law suit claiming FRAUD because, although never asked, I didn't volunteer the fact that I was not a P.E.
I wrote that article to warn other engineers of what might happen to them and to enlist their support in a battle to set legal precedents that will protect us all.
Engineering
This legal fight is just the engineering profession evolving with society. It was the same with the medical profession in the early 1900's and the legal profession in the 1940's. Originally, anyone could call themselves a Doctor (MD) and the patient would be lucky to find one who would cause more good then harm. After enough people were scammed, hurt, or suffered needlessly the profession changed to license Doctors. Next the Lawyer needed to pass the bar exam. Now untrained people are using engineer because they may have some computer knowledge or they just want their job title to sound better. This can endanger people who use their products or services. To insure that public health and safety is to the benefit of society, supporting a standard is a reasonable approach. Due to the fact that companies can go bankrupt and nobody has a feeling of responsibility for a faulty product can leave a large group of people exposed to unnecessary risks and has to be addressed in some manner. Requiring engineers to be licensed give at least one person (with a basic tested competency) a sense of responsibility for making a product or service safe. Otherwise we would still be living with caveat emptor in all areas of our life (real estate purchases, medical, dental, legal, etc.)
So the bottom line is, if you want to be an engineer today, evolve with the times. If you are as good as an engineer as you think you are then the test will be easy. It is a breadth and depth exam that is created by other engineers regarding general applied knowledge. I took it after being out of school for 15 years. They give you 8 hours and you can bring your own reference materials. I took it and it only took me 2 hours to finish it. Then I spent another hour rechecking my answers because it seemed so easy. I scored over a 90 on it. You pass it with a 70. If people are having that hard of a time with passing such a simple test then they probably should not be misleading other people and calling themselves an engineer in the current market. It is the same set of tests taken across the nation based on your area of expertise.
Some Facts about this Situation
I wrote the article and every word in it is true. After getting my BSME from the University of Illinois in '53, I started Budd Engineering in 1959. In 1960 went to the Illinois Dept. requesting and getting a ruling that I and my company were expemt from the P.E. Act because we work for manufacturing companies and are considered either sub-contracting, part time employees or per the Act, a "research affiliate". This ruling has been repeatedly confirmed as recently as 2004.
The IDFPR doesn't question my competence and cannot come up with any thing to countermand their previous rulings that I am exempt from the Act, yet they still want me to stop calling myself an engineer and remove "engineering" from my 50 year old corporation's name.
The real danger to you, my engineering brothers, is not your state boards, who know how stupid this situation is. The real danger is that anyone with a real or in my case an imagined grievance can drag you into court with nothing to do with what you did or didn't do. He can claim FRAUD because he engaged you to do some engineering and you didn't tell him you were not a licensed professional engineer. This law suit over non-existant damages has been running since 2005 and has cost tens of thousands in legal fees and we are still in discovery. By claiming FRAUD, he is also suing my wife and me personally who are officers of our tiny "C" corporation.
I didn't want this fight and would do anything possible to walk away from it and get back to serving my understanding clients. I have to fight this with both him and the Department he has badgered into pursuing the issue. If and when I win, it will set a precedent that will help protect you from a similar fate. I NEED YOUR HELP...
Who's an engineer?
Don't be mistaken, professional regulation is rarely about improving level of expertise or standards of professional conduct. It is most frequently about restriction of entry into a field, in other words, narrowing the opening through which potential competition can slip in behind you. If it were otherwise, then the organizations involved would simply have tests that you could take, and would certify you if you passed -- which they almost universally do not have. I don't think anyone begrudges the restriction of the term "Professional Engineer," although "Certified Engineer" would be more accurate. But the plain english term "engineer" does and should apply to anyone who performs engineering. Just as anyone who designs is a "designer," and anyone who designs structures is an "architect." Just not a "certified" designer or architect. Before we allow certifying organizations to hijack plain english terms, they should be made to demonstrate just how often and vigorously they police their own ranks, and just how well they have functioned to prevent the buyer's of services from receiving sub-standard product.
If you're going into business, get your PE.
I also happen to have a BSME from Illinois. 1986 for me. In the early '90s I was living in North Carolina which has similar requirements - if you're selling engineering work you need to have a PE - so I took the test, got the piece of paper, and did my moonlighting.
I'm a machine design guy - it's what I've always done. Contrary to some other opinions, I am not "a castrated form of technocrat with their head firmly placed up the corporate a**." I spend most of my time at a CAD station creating new products. I have 10 patents and years of experience as a machinist and metal fabricator, which is what I did to get through school.
I have never stamped a drawing or put my PE license to any good use - but I have no regrets for getting it. It took a few months of study, a few letters, and it was done.
If the law requires it, take the test and be done with it.
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