Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
 
chapter
Onsite Sewage System Professionals Licensing Regulations [18 VAC 160 ‑ 40]
Action General Review 2014
Stage Proposed
Comment Period Ended on 2/12/2016
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2/11/16  12:55 pm
Commenter: bob marshall / cloverleaf env. cnslt., inc.

Definitions.Direct supervision and Master licensee's professional responsibilities
 

Definitions.Direct supervision and Master licensee's professional responsibilities

Strongly object to the proposed definition and burdensome substitution of responsible charge with "journeyman" and "master" responsibilities.  The original definition of direct supervision requires significant alteration with the proposed repeal of Chapter 20 and the creation of a new Chapter 40.  Whatever happened to the simple specification of direct control and supervision?  How will work experience ever get qualified for license applicants?  The usage of "provision" in the proposed text is entirely inadequate to define the purpose and meaning of direct supervision.  As used in context with this proposed definition, does the act of direct supervision equate to supplying services, i.e. food and entertainment, or control and supervision over the practice of the profession?

18VAC160-20-10

Part I
Definitions

18VAC160-20-10. Definitions. (Repealed.)  "Direct supervision" means being responsible for the compliance with this chapter by any unlicensed individual who is engaged in activities requiring an operator, installer, or evaluator license.

Suggest the proposed language be removed and amended under 18VAC160-40-10, 18VAC160-40-230,  18VAC160-40-470, and 18VAC160-40-510 as follows:

18VAC160-40-10. Direct supervision.

B. The following words, terms, and phrases when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"Direct supervision" means being immediately available and fully responsible for the provision compliance of onsite sewage system services regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 and this chapter.

18VAC160-40-230. License required.

D. An journeyman unlicensed onsite soil evaluator must work under the direct control and supervision of a master licensed onsite soil evaluator. A master licensed onsite soil evaluator of an equal or greater class is responsible for supervising the provision compliance of onsite soil evaluations and designs by any journeyman onsite soil evaluator under his responsibility.

18VAC160-40-470. Prohibited acts.

11. Failing to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of the master licensee having responsible charge.

18VAC160-40-510. Master licensee's professional responsibilities.

A. Any work performed by a journeyman regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter shall be under the direct supervision of the master. Such master and journeyman shall have an employment or written contractual relationship.

B. Each master shall maintain documentation of the employment or contractual relationship with each journeyman under the master's direct supervision. Such documentation shall be kept for a minimum of five years and shall include, at a minimum, the beginning and ending dates of the employment or contractual relationship.

CommentID: 49587