Unlicensed Drilling While the Licensee Is on Vacation
A licensed well driller leaves his company for a two-week vacation. During that time, his employee-who holds a pump installation license but not a well driller license-uses the company rig to drill a replacement domestic well for a neighbor. The employee pulls the permit under the driller's license number, drills to 260 ft, and installs casing. The driller returns and learns of the work. His general liability policy expired 10 days before the drilling, and his surety bond is current. The employee says the driller told him to 'handle the Smith job' before leaving. The driller is unsure whether to report the work, sign the well log, or ask the employee to backdate the log. The state inspector has not visited. The driller's license renewal is in three months.
1. Who is responsible for the drilling, and what should the driller do about the permit and well log?
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The licensed driller remains responsible for work done under his license, and a pump installation license does not authorize drilling. The employee's permit pull under the driller's number does not make the work legal unless the driller actually supervised it. The driller should not sign a well log certifying construction he did not supervise, and he must not backdate a log; that would be a false record. He should contact the State Engineer's office promptly, disclose what happened, and provide the facts. The employee and the driller may both face enforcement. If a well log is required, the driller should identify who actually drilled and what was installed, and let the agency decide how to proceed. Reporting is better than waiting for an inspection. The driller should also review his supervision and permit procedures so a vacation does not leave the license exposed.
2. What are the financial responsibility issues, and how should the driller respond?
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The expired general liability policy is a separate financial responsibility problem. Even if the surety bond is current, the driller must determine whether the rules require liability insurance in addition to the bond; if so, he was not in compliance on the drilling date. He should not drill or accept new work until coverage is reinstated, and he should notify his insurer and the licensing agency. He should also check whether the lapse must be reported on renewal or in a corrective action. Concealing the lapse or the unlicensed drilling would compound the violation. The driller should document the dates, obtain a reinstatement letter, and be prepared to show financial assurance at renewal. The bond may cover some claims, but it does not replace required insurance or excuse the unlicensed work.