ARTICLES

5/10/2016· Construction

Lawyers Guide to Cranes: Crane Identification

By: D. Larry Dunville

It is absolutely critical in the evaluation of a legal case involving cranes, to determine what type crane is involved. The word "Crane" is a generic term that covers virtually anything that lifts with a hook, but each crane type is a whole different industry with different industry associations (which compile the industry product specifications), different governing specification and different OSHA requirements. As a matter of fact, some cranes don't even have hooks!

5/9/2016· Real Estate

A Reasonable Standard of Care for Commercial Properties

By: Jeffrey Lapin

Tenants, visitors and vendors who enter upon commercial properties (office buildings, retail centers, apartment communities, industrial buildings, etc.) are entitled to the presumption of safety when traversing public spaces. They should, and do, expect that the owner of that property, by making it accessible to the public, will maintain the property (parking areas, lobbies, hallways, grounds, pools and the walkways that connect these elements) to a reasonable standard of care.

4/13/2016· Transportation

Bad Regulations and Better Responses, Part 6: Industry and Association Responses

By: Ned Einstein

As NATIONAL BUS TRADER readers following this series have noted, our judicial system seems to be "running the table" with TNC-related issues. The $220,000,000 settlement of a case against FEDEX effectively eliminated the notion of an "independent contractor" in its six states. And the California courts are soon likely to boot out Uber. The FEDEX case in the U.S. Court's 10th Circuit effectively rippled a TNC's ability to deprive its drivers of a regular employee's costly array of fringe benefits. This settlement is likely to soon play out in the other nine "Circuit" encompassing the other 44 states. And if Uber is booted out of California altogether, on top of the FEDEX settlement, the TNC threat will be diminished significantly.

4/11/2016· OSHA

"Ignorance of Safety, or No Ostrich Zone."

By: Greg Gerganoff

In the safety world hazard recognition plays a vital role in keeping your people safe from unsafe behaviors and/or conditions. Some hazards are easily recognized, for example an employee climbing up a 20 foot ladder with tools held in both hands. (This is a fall hazard by the way.) Common sense right? The safety guy who taught me safety had a great response to this attitude, "Few people have any sense (read knowledge) in common (read shared alike)". So while some safety hazards are immediately recognizable others require training to spot and avoid. Training is a key method in avoiding the "Ostrich Zone". One such hazard is Hydrogen Sulfide. You don't want to bury your head facing this hazard. (Won't do much good anyway, Hydrogen Sulfide is heavier then air!)

3/30/2016· Environment

AIG's Brownfields Insurance Debacle: Policy Language Should Be Negotiated by Coverage Experts

By: Dr. Susan Neuman

The world of brownfield insurance (BI) was recently shocked to learn that AIG was non-renewing its site pollution liability (SPL) book of business. AIG's Pollution Legal Liability Select (PLLS) policy, issued in 1995, was environmental insurers' first response to the Brownfields Movement. It allowed them to modify previously restrictive and inflexible policies so that they could be used to facilitate transactions. The idea of the policy was that the insured would be able to "select" specific coverages out of a number of modules based on distinctions of time, location, and types of damage, for instance On Site Cleanup Costs due to Pre-Existing Pollution Conditions. However, in addition to this selection process, specific policies also need to be manuscripted or tailored to fit specific risks. They are negotiable contracts, and, as illustrated by most of the cases involving such policies over the last 10 or 15 years, need to be negotiated by coverage experts.

3/14/2016· Engineering

Reflecting on Engineering Practice

By: Richard Beaubien

When I was a boy, playing in the sandbox or building with blocks, I dreamed of building cities. I feel fortunate to be in a profession which allows me to fulfill that dream. To enjoy your job is a more important measure of success than the amount of money in your bank account. My favorite definition of success is borrowed from Ann Landers:

3/11/2016· Transportation

Bad Regulations and Worse Responses, Part 5: Executive Branch Responses

By: Ned Einstein

Practically beginning my public transportation career as a consultant to the U.S. Department of Transportation, I learned to hate "Wash-Speak." Government agencies do not compound things; they exacerbate them. They use nothing, but utilize everything. They never start anything, yet implement everything. And much-ado-about nothing is usually referred to as a paradigm shift.

3/7/2016· OSHA

Unintended Consequences-Safety

By: Greg Gerganoff

"If you don't know where you are going, you will probably end up somewhere else.", so said Laurence J. Peter, a professor at the University of Southern California whose works touched the business world. (He is well known for the "Peter Principal".) Peter's above quote essentially points out that action lacking a clear objective will likely lead to unwanted or unintended consequences.

3/2/2016· Medical - Medicine

The Role of Surgery and Radiation Therapy in the Management of Gestational Trophoblastic Disease

By: Dr. Rabbie Hanna

The primary management of hydatidiform moles remains surgical evacuation followed by human chorionic gonadotropin level monitoring. Although suction dilatation and evacuation is the most frequent technique for molar evacuation, hysterectomy is a viable option in older patients who do not wish to preserve fertility. Despite advances in chemotherapy regimens for treating malignant gestational trophoblastic neoplasia, hysterectomy and other extirpative procedures continue to play a role in the management of patients with both lowrisk and high-risk gestational trophoblastic neoplasia.

2/25/2016· Transportation

Bad Regulations and Better Responses, Part 4: Judicial Heroism

By: Ned Einstein

Well, by now, the "Cat's Out of the Bag" about transportation network companies (TNCs). For this, we owe our thanks to National Bus Trader, Limo, Charter and Tours Magazine (especially) and the United Motorcoach Association. The August 15, 2015 issue of the UMA-sponsored Bus & Motorcoach News contained two articles about these previously-unfettered, robot-controlled beasts.