Okay, so this guy wants me to put some clean out collars, and do other mods to a few seperator vessels, that are decommissioned, however, he is going to use them at a fraction of the original pressure rating for his own personal use.....whatever that means. Now, I am not vessel certified, nor am I ever going to spent the 20k to become vessel certified.
My question is this; are these vessels really decomissioned, hence exempt from a coded stamp, and if I do the work, how liable am I if this guy decides to put them into full swing, at 3 or 4 thousand pounds....?
Check and verify related documentation, and be specific in your contract with him.
Maybe create or have him create and sign an affidavit that would alleviate you from any liability if he un-decommissions the vessels.
Specifics are going to be the main concern here. The wording used to protect yourself should be your main focus, because from what you described, instantly raised red flags for me.
Get him to hire you as a regular employee with benefits, compensation, Etc. If possible use only his tools. If you have to use your own tools, be sure you include your rig rate in the hourly pay scale, but do not itemize it. As a regular employee, who doesn't charge for his tools, you are basically sue proof.
In some states, there is no National Board or ASME requirement. Other states have their own regulatory and pressure vessel safety agency, such as the Department of Labor. You may have to be certified / qualified under the state law, and that might not only be the responsibility of the employer! Usually, the only way you can protect yourself is if you are an true hourly employee, with no primary interest in the company. (such as being a corporate officer)
If you cannot find out for sure, I advise you to walk away.
If they have been decomissioned the NB and name plate should be removed. There is a stack of heater treaters a production company has taken out of service and all the datum plates have been removed from all the treaters. If the datum plates have been removed the vessels are nothing but pipe with a cap on the end. That is not to say the owner could at some time weld them back on, but that would not be your problem.
If the plates are still on them, I would pass on it. If they are gone, take the gig.
I'm not sure you have a problem. If he were to try and recommission at some point as a code vessel in the future any work you do would have to be reflected in a Data Report signed by an AI. If there is no Data Report and no AI involvment the work was not code compliant and legally he cannot recommision as a code vessel. He would be violating the law not you. If the vessel is registered then any repairs or alterations have to be registered as well.
Sourdough
As JS55 points out you may be "LEGALLY" OK. It largely depends on the jurisdiction.
However, you can still be sued "CIVILLY". I have seen a Law Firm locate the fabricator/ modifier of a hydraulic press that was modified several times, sold for cash at two different auctions, and was the instrument that was in use when an employee was hurt. The hurt employee could not sue the employer, but he was able to sue the manufacturer of the press and two fabricators who modified it after manufacture. The modifiers were just one man rig welders, who got paid to make modifications at the request of the company which owned the press at the time. I never found out what happened to them, but I am sure that the legal fees for defending themselves was not insignificant.
As an employee, you are almost "sue proof".
Joe Kane
Good advise fellas.........thank you!
Ladies and Gentlemen,
A friend of mine, a lawyer told me legal advice that sticks with me. He could me much more good talking to him before than after with a far greater chance of avoiding pain. I am CWI graduate engineer who worked in Mexico with oil gas separators. The only way I would consider such work would be with agreement clearly stating the use is water or similar at atmospheric pressure. Said agreement would be prepared by a lawyer. A PE stamp on the drawing would be nice also. You might talk to tank shop men in oil field work. Many of them got kill because the tank getting the welding work blew up killing them. Hope I am doing you some good.
Sincerely
Len Andersen weld@spemail.org
914-536-7101 , 212-839-6599 8-4 New York Time , 4042 FAX , 914-237-7689 (H)
POB 1529 / NYC 10116-1529 ( $1090 per year Caller Box GPO NYC / Most Secure Service At Largest Post Office )
www.lenandersen.com
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