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Reynolds Wrap Up: Interpreting “Shall” vs. “Should” Statements in FEMI Standards

By John Reynolds, Principal Consultant at Intertek. This article appears in the November/December 2023 issue of Inspectioneering Journal.
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Introduction

Have you ever wondered what you have to do/must do/can do when you come across a “shall” statement or a “should” statement in an industry regulation, an industry FEMI standard, or even in your own internal company standards? If so, read on. This Reynolds Wrap Up is all about 50+ years of my experience with writing and interpreting “shall” vs. “should” statements in FEMI codes, standards, and regulations, as well as providing expert testimony for the legal defense of industry clients and then deciding what needs to be done. There are plenty of modal action verbs used in standards/contracts/regulations, but I will address primarily the ones labeled on the doors shown in Figure 1 that we typically deal with in order to understand all our requirements and options. Modal verbs typically show necessity, options, intent, possibility, or ability.

Figure 1. Modal Verbs Used in FEMI Standards Writing
Figure 1. Modal Verbs Used in FEMI Standards Writing

Modal Verbs Used in API and Other FEMI Standards

Let’s start with how the API uses the terms shall, should, may, and can in their published industry FEMI standards. The written forms (and I’m quoting here) used to express these provisions in API Standards are as follows:

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Comments and Discussion

Posted by CHAD PATSCHKE on December 30, 2023
Good article, John (as usual). Here's a video I... Log in or register to read the rest of this comment.

Posted by Eric Butz on January 8, 2024 (Edited on January 8, 2024)
John, I really enjoyed your article and... Log in or register to read the rest of this comment.

(Inspectioneering) Posted by Nick Schmoyer on January 8, 2024
Hi Eric, Replying on behalf of John here to... Log in or register to read the rest of this comment.

Posted by Eric Butz on January 8, 2024
Thanks, Nick! Log in or register to read the rest of this comment.

Posted by Paul Gorman on January 9, 2024
ASME B31.3 definition "may: a term that indicates... Log in or register to read the rest of this comment.

Posted by John Reynolds on January 9, 2024
Thanks for the comment, Paul. I like it. With... Log in or register to read the rest of this comment.

Posted by Paul Gorman on January 9, 2024
Thanks John, I value and have followed your... Log in or register to read the rest of this comment.

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