Liability associated with CWI inspections or get AWSD1.1 cert for myself?
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  1. #1

    Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Hello Everyone,

    I am working on this job, and the engineer has called out for a AWSD1.1 certified welder to do the welds. I do not have my cert at the moment. Without the cert, a Certified Welding Inspector would come out to the job site to do a special inspection before work begins to inspect the material, during the fab process to keep an eye on things, and after the job is complete to go over all the welds. This sounds like it will slow down production, so I am thinking of just getting my AWSD1.1, which then I would assume we would only need the final inspection. My question is what additional liability do I assume if I am the certified welder on site? If something went wrong, would I be more or less liable for the error if I was a certified welder? As of now my contract states that after my job is done, all liability is passed on to the company I work for. However, if I was a certified welder would my responsibility for the structure continue after the end of contract?

    I have insurance for now, and will through the end of this project, but will likely cancel it shortly after this project is done as I will likely be moving into CAD design next year.

    Not sure if anyone has had experience with this, but any input I would appreciate. Thanks!

  2. #2
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    Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Look at it this way. Unless you get D1.1 certified, you aren't going to be welding anything. What would they need you around for without D1.1? Catch my drift?
    Once a CWI signs off your welds as ok, your good to go, no worries.
    Last edited by snoeproe; 07-13-2018 at 07:24 PM.
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  3. #3

    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    That's the thing, they want me whether I get the cert or not. If I don't get the cert I can still weld it, all they have to do is hire a certified welding inspector to come out before the welding begins, during the process at some point, and then at the end. If I got the cert it would expedite this process and keep them on timeline a little better, as well as save them some money. It sounds like a good deal to me, I get my cert and they win as well, I just want to make sure I'm not opening myself up for a bunch of liability concerns down the road.

  4. #4
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    nkandus I’ve done structural welding in Alaska, Washington, Oregon, California, and Nevada. In my line of work, you don’t weld unless you have a D1.1 cert!
    Don’t pay any attention to me
    I’m just a hobbyist!

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  5. #5
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Get the cert. They are going to pay for it right? Once you have the document, run the welds, and the CWI signs off on them, you are done and get paid. Let the system work for you.
    Weld like a "WELDOR", not a wel-"DERR"
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  6. #6
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    I have the Canadian equivalent of D1.1, the CSA w47.1 with the CWB.
    No way i could weld anything in Canada structural without having it.
    Jason
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  7. #7
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    the best way to acquire a bunch of unwanted liability is to knowingly cheat the process. Then you give up any/all defense angles should you ever get called to testify. I was a licensed electrical worker for 16 years. You are liable to the customer for the time you are there, and a short period after. Inspection is designed to find and correct anything that would catch you later. Things that aren't caught, you are pretty well free of if it was past the normal warranty period (state by state, often 90 days). The defense if you get called in for something awful years later like a fire or building collapse is that you were licensed, worked according to the code, and had a certified inspection done. Unless they can prove you knowingly and purposely did a bad thing with careless regard for the future, you really can't be held liable, even if you actually did screw up. You made a reasonable and educated attempt at doing it right, and used "approved methods/process". This is where following the rules helps you as mentioned above. The inspector will take the brunt of this, which is why they can be real assholes. They are the ones that carry a lot of the liability. Look at them in that light when they argue about a code that results in improved safety. Some codes seem like bull****, and some inspectors are too anal, but you get the gist.

    If inspection is to satisfy a contract term, but not a building inspector, your cheat may work out OK, but sounds like it won't fit the timeline. The liability in that scenario seems more related to getting sued. In that case it falls on management/ownership. This is another area though where you need to be aware of who own what liability, if you are licensed you give up your "I didn't know" as the witness stand. If I was ordered by my boss to do something that was bad/wrong, it resulted in a fire some years later, and it was an obvious code violation, I'd be on the hook because I would have no reasonable excuse for saying I didn't know. With the license comes some expectations. I've been asked to violate codes numerous times. A guy with no license can play dumb. This then falls on the employer that put the dumb employee on the job. You might be culpable because we generally all know doing licensed work without a license is wrong, but this isn't a license deal, it's a contract deal, and it's just a certification that is called for.
    Last edited by Chad86tsi; 07-14-2018 at 09:57 AM.
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  8. #8

    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Thank you for the detailed response @Chad86tsi this is exactly the answer I was looking for. For everyone else, I get why y'all need that cert in your line of work, but I am in a very different industry that there is less precedent for the requirements for work. Basically I make something akin to giant playgrounds for adults in a simulated drug experience.
    Last edited by nkandus; 07-17-2018 at 11:23 AM.

  9. #9
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Quote Originally Posted by nkandus View Post
    Thank you for the detailed response @Chad86tsi this is exactly the answer I was looking for. For everyone else, I get why y'all need that cert in your line of work, but I am in a very different industry that there is less precedent for the requirements for work. Basically I make something akin to giant playgrounds for adults in a simulated drug experience.
    Ummm..... care to elaborate?

    jrw159

  10. #10
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Quote Originally Posted by jrw159 View Post
    Ummm..... care to elaborate?

    jrw159
    He builds confinement systems and furniture for politicians.

  11. #11
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Quote Originally Posted by Virgil5 View Post
    He builds confinement systems and furniture for politicians.
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  12. #12

    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    We are taking an old warehouse and converting it into an immersive art experience where people pay to come run around and climb on surreal structures, touch everything (most of which reacts to touch or proximity), and stare at the blinky lights. As you explore you can discover various story lines, puzzles, and oddities. Its a fun project! It will be similar to what Meow Wolf did in Santa Fe, but more tech heavy.

    Quote Originally Posted by jrw159 View Post
    Ummm..... care to elaborate?

    jrw159

  13. #13
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    I guess if you re not working to drawings or specs that need to be adhered to then you don't need qualifications as anything goes. That is where general liability insurance comes in. If you are an employee working by verbal instructions from above then you should be fine. If you are the contractor you are screwed without insurance.
    Weld like a "WELDOR", not a wel-"DERR"
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  14. #14
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    Re: Liability associated with CWI inspections or get AWSD1.1 cert for myself?

    Quote Originally Posted by nkandus View Post
    We are taking an old warehouse and converting it into an immersive art experience where people pay to come run around and climb on surreal structures, touch everything (most of which reacts to touch or proximity), and stare at the blinky lights. As you explore you can discover various story lines, puzzles, and oddities. Its a fun project! It will be similar to what Meow Wolf did in Santa Fe, but more tech heavy.
    Interesting...

    jrw159

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