October 9, 1981

Mr. Bob D. Voeltz 
Administrator 
State Electrical Commission 
125 West Capitol Avenue 
Pierre, South Dakota 57501

Official Opinion No. 81-34

'Supervision' and 'personal supervision' under SDCL 36-16

Dear Mr. Voeltz:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

The State Electrical Commission would like to request an official opinion on two sections of SDCL as listed (SDCL 36‑16‑2(1) and SDCL 36-16-21); specifically with regard to what constitutes 'supervision' as stated in SDCL 36-16-2(1) and SDCL 36-16-21 'without personal supervision.'

Based on the above facts you asked the following question:

QUESTION: 

What is the meaning of 'supervision' and 'personal supervision' as used in  SDCL 36-16?

SDCL 36-16-2(1) reads as follows: 

'Apprentice electrician' shall mean a person learning the trade under the supervision of an electrical contractor, journeyman electrician or Class B electrician.

SDCL 36-16-21 reads as follows: 

An apprentice shall register with the state electrical board and shall pay an annual registration fee of five dollars.  He shall not be allowed to work on installations without personal supervision.

It is my opinion that the word 'supervision' in SDCL 36-16-2(1) means that a person is apprenticed to the contractor, journeyman, or Class B electrician for licensing purposes.  'Supervision' as used in this context does not mean that the apprentice must be under the personal supervision of the master while performing many elements of his apprenticeship.  In the plumbing industry, this apprentice could be unloading conduit, he could be sent to the base of operations for supplies, he could be learning bidding techniques or estimating techniques or could be attending some of his apprentice schooling. This need not be done under the immediate personal supervision of whomever he is apprenticed to.

It is my opinion that the meaning of the words 'personal supervision' in SDCL 36-16-21 is that when working on an electrical installation, any work that the apprentice does must be supervised by a qualified person in such a manner to assure that the ultimate product of that installation meets the standards of workmanship and materials set out in the South Dakota Codified Laws and the rules promulgated pursuant thereto.  This does not mean that every apprentice must have the equivalent of a master at his shoulder at all times. It does mean the ultimate work product meets the standards and that a qualified person is responsible for the installation.  The supervision may depend upon the ability and level of training attained by the apprentice in the judgment of his supervisor who is responsible for the installation and the standards of  material and workmanship.

Respectfully submitted,

Mark V. Meierhenry
Attorney General