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Enforcement Action
Randal Irwin
Professional Geologist No. 4582
Certified Engineering Geologist No. 1521
The Board for Geologists and Geophysicists (Board) issued a Citation and Fine of $2,500 to Mr. Randal Irwin for violation of sections 7872(h) and 7860 of the Business and Professions Code and for violation of section 3065 subsections (a)(2) and (b)(4) of the California Code of Regulations.
Mr. Irwin sealed a report entitled "Preliminary Geotechnical Feasibility Study for O'Byrnes Ferry Bridge", prepared for Stantec Consulting, 2590 Venture Oaks Way, Sacramento, California, dated July 13, 2005 and revised August 12, 2005. This report was made part of a submittal to the California Department of Transportation (Caltrans) and received on August 16, 2005. In part, the report provided professional interpretations of the geologic materials on which a proposed Caltrans bridge rehabilitation/reconstruction is planned.
The report by Mr. Irwin misinterpreted the geologic materials upon which the bridge is built as "... Mehrten and Table Mountain Latite Formation materials... " potentially impacting the proposed rehabilitation/reconstruction (i.e., two geologic Formations identified). Additional existing geologic metavolcanic and metasedimentary materials underlying the western bridge foundation at the site were not identified or characterized (i.e., three fully distinct geologic Formations actually present).
Title 16 CCR section 3065 subsections (a)(2) and (b)(4) makes it grounds for disciplinary action for any licensee to fail to act with competence and reasonable care while expressing opinions that have a basis in fact or experience in applying the technical knowledge and skill which is ordinarily applied by licensees of good standing and under similar circumstances and conditions.1
In accordance with section 125.9(d) of the Business and Professions Code payment of the fine does not constitute admission of the violation charged and represents satisfactory resolution of the matter. Mr. Irwin agreed to pay the fine and the case was closed on December 9, 2005.
1 The standard practice of a licensed Professional Engineer (PE), Professional Geologist (PG) or Certified Engineering Geologist (CEG) conducting a site geologic and/or geotechnical evaluation under similar circumstances and conditions, requires that the responsible PE, PG or CEG fully consider and accurately identify existing bedrock and soil conditions to insure that an accurate geologic and/or geotechnical investigation are completed in a technically defensible manner for proposed construction projects.
