Dr. C.J. Abraham, P.E. is a Licensed Professional Safety Engineer with over thirty five years of international experience consulting to insurance companies, municipalities, government agencies, and the legal profession. He provides consultation to International corporations in the areas of New Product Development, Manufacturing, Packaging, Warnings and Instructions.
Dr Abraham's services include Expert Witness Testimony for both Plaintiff and Defense in matters involving Personal Injury and Product Liability.
In the United States, the most litigious country in the world, a products liability action may be brought, under state law, for express or implied breach of warranty, misrepresentation and negligence. Under the theory of strict liability, a lawsuit may be initiated on the grounds of manufacturing and design defects as well as poor and inadequate warning instructions. The best defensive strategy for a company to avoid becoming involved in any of the above is to manufacture the safest product possible within parameters of economic feasibility. If said manufacturer can vouch for safety factors in the design, production, testing, inspection and evaluation of its product as well as attentiveness to consumer complaints, it will be more likely to avoid litigation or at least be able to prevail in the courtroom.
CLM Engineering Associates has the ability to provide a vast array of services to real estate brokers, developers, home purchases/owners. President of the firm, Craig L. Moskowitz, PE, is a Civil Engineer with extensive Construction Management experience on both commercial and residential projects. His firm handles commercial and residential building inspections as it pertains to warranty and pre-purchase inspections as well as to handle specific Structural or Civil Engineering issues related to a property. Experience: Mr. Moskowitz has performed safety inspections on both civilian and military projects through the application of OSHA regulations. He has designed drainage systems for the government while an officer with the United States military and done cost estimating for various projects exceeding $500 million. Mr. Moskowitz has designed document creation and management of high-rise construction in Manhattan. He has managed telecommunications projects for Verizon in Manhattan including CPM schedule creation and updating and directed and managed all water distribution system and sewer system work while working as a contractor to the New York City Department of Design and Construction. CLM are specialists in the following areas:
Traditional Commercial and Residential Building Inspections
Storm Damage Assessment, Analysis and Reporting
Comprehensive Construction Management
Cost Estimating for Projects Ranging from $50,000 to in Excess of $1 billion
Traction Auditing, LLC provides businesses with unbiased assessments of Walkway Management Programs which points out risk areas in need of improvement to reduce the incidence of Slip and Fall events. The consultants at Traction Auditing, LLC track over time effective walkway management which can decrease liability if a slip and fall event occurs by validating a business’ pro-active approach to walkway safety. Their services are available to architects, contractors, facility owners, insurance investigators and adjuster, and legal support.
Determination of specific sites in facilities in need of testing
Identification of potentially hazardous areas
Take representative coefficient of friction samplings of walkway areas
Monitor data for accuracy during the testing process
Data analyzed to formulate a complete and detailed report including the adequacy or potential high risk nature of the respective walkway surfaces and the surface maintenance program and its degree of contamination relative to it location in the facility
Chief Auditor, Brent A. Johnson is nationally recognized in the Walkway Traction Testing Industry and the author of many articles on the application of national standards for Slip and Fall Prevention.
Background Experience - Mr. Johnson served as a facilities manager in the healthcare industry for 12 years before moving to the Floor Safety Industry. In his experience, he has recognized the need for extensive research in the reduction of the risks contributing to slip and fall incidents.
During his tenure in the healthcare industry, Mr. Johnson has served on Environment of Care, Safety, and Emergency Management committees for a major suburban hospital network focusing on the prevention of injuries and identification of potential hazards. As a Facility Safety Officer, he has proposed and implemented solutions to minimize risks and enhance the safety for all users of a healthcare facility test
Mr. Johnson’s experience also includes a background in education and the physical sciences which enables him to apply and articulate the physics and properties of the coefficient of friction and it’s implications with walkway surfaces and safety.
Mr. Johnson is a member of ASTM, ASSE, the ANSI B101 main committee and the chairman of the ANSI B101.0 Walkway Auditing Procedure subcommittee. He was the first Certified Walkway Auditing Safety Specialist and is now an instructor for the NFSI’s Walkway Auditor Certification Class as well as a Certified XL Tribometrist.
Kristopher J. Seluga, PE, is a Mechanical Engineering, Accident Reconstruction, Biomechanics, and Safety Expert with over 20 years of experience. He received his Bachelor’s and Master’s degrees from the Mechanical Engineering department at MIT where he worked on the development of novel three-dimensional printing technologies.
Mr. Seluga is also a licensed Professional Engineer in New York and Connecticut, and has served as a member of the ANSI engineering committee for the Z130.1 and Z135 standards for golf cars and PTV’s. His research interests and peer reviewed publications span the topics of Motor Vehicle Dynamics, Product Safety, and Biomechanics.
Litigation Support - Mr. Seluga has been working as a forensic engineer at Technology Associates since 2001. He has investigated 100s of accidents for both plaintiffs and defendants. Mr. Seluga has been qualified to testify as an expert in state and federal court and is experienced in testifying in depositions and trials. He has successfully defeated Daubert / Frye challenges and can prepare and explain compelling exhibits at trial.
Airbags are credited with reducing numerous injuries and saving many lives during vehicle accidents. However, there have been incidents where they do not function as intended, and have even caused injuries such as explosive powder burns, detached eye retinas, child suffocation and impact deaths.
Animations are useful visual tools that can help jurors understand how an incident could, or could not, have occurred. Simply describing an event in court, or showing still pictures, may be insufficient to explain a complex sequence of events.
Biomechanics is the application of mechanics to the interaction of biological systems with their external environment. When investigating an accident, biomechanical analysis can be used to reconstruct a victim’s motion and relate it to his injuries.
When an understanding of complex motions associated with various accidents is required, computer simulation is an invaluable tool, which allows the modeling and visualization of rollovers and collisions. In addition to vehicle accidents, computer simulation can also be used to create many other systems of masses and contacting surfaces, such as a toppling light pole after it has been struck.
Construction sites and equipment present many hazards if proper care is not taken. The space in and around a construction site is often filled with potentially dangerous, high-powered equipment capable of delivering high forces.
Doors and gates, whether automated or manual, can pose a serious hazard to users if not designed, manufactured, installed and maintained properly. The different types include automatic doors, overhead garage doors, elevator doors, sliding doors, swinging doors, and automatic gates.
Electric fires are becoming more common as appliances and electric feeds are used more and more in our daily lives. Like other fires, the root cause of an electric fire is the introduction of heat, oxygen, and fuel.
Electric power and electronic appliances are so integrated with modern life that there is a high degree of likelihood that everyone will receive one or more electric shocks in a lifetime. In many cases, only trivial power levels are involved.
Second only to automobile accidents, falls are the leading cause of injury and deaths. Of these, accidents due to slipping or tripping form a large proportion. Slips and trips occur on floors, streets, walkways, stairs, etc.
Forklifts, industrial trucks, skid steer loaders, bobcats and other similar material-handling machines are often difficult to maneuver and susceptible to a wide range of accidents. Their nature exposes operators and nearby co-workers to falling loads, crushing hazards and lading dock falls.
There are roughly 9,000 golf cart related accidents requiring emergency room treatment in the United States each year. The majority of these accidents are related to either braking, cart rollover or passenger ejection. These problems are common to golf carts due to their open design, lack of seatbelts, poor braking capabilities and the uneven terrains they are driven on.
The primary function of all guarding is to prevent an operator or bystander from being injured by a potentially dangerous portion of a machine. Often the hazard involves moving parts with the potential to cut, crush or draw-in body parts, although barrier guards may also be necessary when electrical, thermal or chemical dangers are present.
Human Factors and Ergonomics (HFE) is a branch of science, which is concerned with man’s interaction with his universe. Thus, it is not simply the study of pure science (e.g. sound or light), but rather man’s understanding and reactions (e.g. to hear and see).
There are over 100,000 ladder accidents annually in the U.S. requiring hospital emergency room treatment. Although many of these result from user misuse, such as an improper extension ladder lean angle against a wall causing it to slip outward, use of a damaged ladder, or failing to lock a step ladder’s spreaders, many ladders fail due to design or manufacturing defects.
Motorcycles, like passenger cars, are capable of high speeds and must share the road with other vehicles. However, unlike passenger cars, motorcycles are capable of rapid accelerations, offer little protection to the operator during a collision and require special skills to maneuver effectively.
In many vehicle accident investigations, it is necessary to know not only the speeds and motions of the vehicles involved, but the causes of injuries suffered by their occupants as well. Such investigations seek to answer questions regarding occupant ejection, effects of seatbelt use, airbag deployment and body-interior impacts.
Parking lots are the scene of many pedestrian accidents because of the close proximity of people and cars and the confusing traffic patterns that sometimes exist. In addition to pedestrian-vehicle collisions, many trip and fall accidents occur in parking lots as well.
Though swimming pool accidents are sometimes the result of reckless participant behavior, they can also be caused by inadequate supervision, warnings, structures, or defective pool design. Structures commonly found in or near swimming pools include slides, ladders, diving surfaces and fencing.
Approximately 125,000 serious injuries occur in the US each year related to the use of portable and fixed power saws. Lacerations and similar injuries, such as abrasions and avulsions, account for over 90% of these, which generally occur to males and result in losses in the tens of millions of dollars annually.
An end user of a product expects that a given product will not only function as intended, but will be safe from non-obvious hazards. Based upon decades of experience with mishaps during use of common and specialized equipment, thousands of standards have been developed for many consumer products and industrial equipment. Numerous organizations exist, e.g., ANSI, ASTM, SAE, and ASME, that regularly review and update these standards.
Places of business, residences, parking and recreational areas contain potential accident sources such as slippery floors and stairs, product displays, automatic doors, ledges, railings, elevators, escalators and other hazardous items. To prevent such items from causing injury to the public, premises owners and their agents have a responsibility to recognize unsafe conditions and exercise reasonable care to maintain or make conditions safe, or warn the public of the risks involved.
Supermarkets, pharmacies, home improvement, and department stores expose their customers to many potential accident sources such as floors and aisles, which can become unsafe, and display merchandize that can topple or cause tripping. To prevent such accidents from occurring, these establishments should maintain routine scheduled inspections to insure that unsafe conditions are detected and corrected before accidents occur.
In many vehicle rollover investigations, it is necessary to know not only the speeds and motions of the vehicles involved, but the causes of injuries suffered by their occupants as well. Such investigations seek to answer questions regarding occupant ejection, effects of seatbelt use, roof crush and body-interior impacts.
Motor vehicle seatbelt use provides highly effective protection in frontal collisions for impact angles up to 30 degrees off-center (i.e. between 11 and 1 o’clock). All states have laws requiring their use for front seat passengers, as they have been shown to reduce moderate to severe injuries by 50%. They are less effective when your car is hit in the rear or side and sometimes their locking devices malfunction or the anchorage gives way.
Recreation, sports, and gym equipment are subjected to large dynamic forces and must be designed to support these loads and protect users from unintentional hazards. Adequate instructions and warnings may be required if their assembly and proper use are not obvious.
Codes and standards specify criteria necessary to ensure that a product, material or process will consistently and safely perform its intended function. Although standards provide minimum design requirements, conforming to a standard is not always sufficient in preventing an accident.
Structural failure can often produce catastrophic results. In many cases, the damage seen after the accident is not indicative of the cause of the initial failure. Fortunately, based on physical evidence, an investigator can frequently determine how and why a structure failed.
Heavy trucks, whether tractor-trailers, construction vehicles or garbage haulers, are involved in many serious traffic accidents due to their large weight, high centers of gravity, decreased visibility, poor handling and reduced braking efficiency. In addition, articulated tractor-trailers are subject to additional problems such as jack-knife and trailer sway instabilities.
Motor vehicle accidents are the most common type of incidents producing injury in the US. The main issues in litigating automotive accidents involve vehicle speeds, seatbelt usage, airbag deployment, vehicle component failure (e.g. steering, braking), roadway design, occupant biomechanics, rollover, visibility, etc.
A person’s interaction with his environment comes largely from visual cues. Without this information, a pedestrian can trip over an unseen object or a driver might not detect a dangerous situation. In order to avoid these hazards, a person requires adequate lighting and should be provided with appropriate illumination for a given task.
A warning must inform individuals of a danger, which would not be obvious to them. It must tell them how to avoid the danger, and be easily understood. It should also provide them with the consequences of not heading the warning.
A car is stopped for a light when it is unexpectedly rear-ended causing little or no damage to either vehicle. Nevertheless, the passengers of the struck vehicle complain of neck, shoulder and back pain. Insurance claim representatives, attorneys, medical, engineering and biomedical experts are then brought in and various conflicting allegations, testimony and opinions are expressed.
Pedestrian and bicycle accidents in the United States result in approximately 80,000 and 50,000 injuries each year, respectively. Though pedestrians and bicycles move differently, they share important characteristics as both have little protection during a roadway collision with a motor vehicle.
A standard can be defined as a document issued by a recognized agency, and dealing with design and/or safety requirements relating to a specific product or type of activity. Such agencies include the U.S. Occupational Safety and Health Administration (051-IA) and the American National Standards Institute (ANSI). OSHA standards are generally legally binding for an employer, while ANSI standards are generally of an advisory nature. The term "industry standard," however, is ordinarily taken to have a broader meaning, including formal standards as just defined, and also including designs and procedures not required in formal standards, though prevailing in a specific industry, and which represent generally accepted custom and practice.
Persons with no training in engineering are generally unaware of the nature of engineering analysis, and so tend to assume that testing, as a means of determining the causation of accidents, is a dominant tool of the engineer. In the following examples, we shall undertake to explain the nature of engineering analysis, and to show that it is more basic than testing because testing without analysis is meaningless. Further, while analysis is always necessary in accident reconstruction, testing is only sometimes necessary.
Second to automobile accidents, accidents due to falls are the leading cause of injury and death. Of these, accidents due to slipping (not tripping) form a large proportion. Slipping may occur on floors, walkways, and stairs or steps. For Introductory purposes, however, the present discussion will be limited to slipping on flat surfaces such as a floor or sidewalk.
When a person becomes aware of a dangerous situation, a time-interval must elapse before he can take defensive action against it. This time interval, commonly called the reaction time, has been found to be about 0.7 second for all normal persons, regardless of their background and training. This suggests that the reaction time depends on some basic aspect of the human physiology-involving the brain, nervous system, and muscles-which does not vary much from person to person.
A car is stopped for a light when it is unexpectedly rear-ended by a vehicle from behind. It is not a hard impact and there is little or no damage to either vehicle, because the energy absorbing bumpers have protected them. Nevertheless, the passengers of the struck vehicle complain of neck, shoulder and back pain. The next day they allegedly experience even greater pain and visit a medical person who claims that they have been injured. Insurance claim representatives, attorneys, medical, engineering and biomedical experts are then brought in and various conflicting allegations, testimony and opinions are expressed. Do we have a legitimate injury claim on our hands or a situation of fraud?
Accident reconstructionists are often called on to determine the distance that a car, covers while being braked to a stop. Conversely, the reconstructionist may be given information as to the length of the skidmarks left by a car on the roadway, and may be asked to determine how fast the car must have been going at the beginning of the skid. An expert can accomplish this with considerable accuracy, based on a knowledge of the physical principles that are involved, plus available information relating to the friction of tires on various types of road surfaces.
According to the Consumer Products Safety Commission (CPSC), there are approximately 10,000 golf car related injuries requiring emergency room treatment in the US each year. One significant mode of injury in golf car accidents is passenger ejection, which can lead to serious injuries, especially of the head. Based on CPSC statistics, roughly 35% of golf car accidents involve a person falling out of the car. In addition to ejection accidents, at least 10% of golf car accidents involve a rollover and statistics indicate that such accidents are roughly twice as likely to lead to injuries requiring a hospital stay as non-rollover accidents.
According to Consumer Product Safety Commission (CPSC) accident estimates, tens of thousands of stepladder accidents requiring emergency room treatment occurred annually in the United States. Approximately 85-90% of these accidents involve the user falling from the ladder and 8-9% of these injuries are serious enough to require that the victim be admitted to a hospital. In addition to posing a severe health concern, these accidents have significant loss-of-wages and high medical expense implications.
Participation of the proper automotive expert in a personal injury lawsuit can govern its success. This article develops four basic principles to optimize their use, while minimizing their cost, and describes some important techniques used by the accident reconstructionist
Swenson Consulting offers Snow Removal Services owns and operates its own proprietary snow operations software and can help business owners who desire to build or maintain a software package to assist their snow operations. They offer general business advice for many different types of situations including:
Growth Development and Strategy for Snow Removal Businesses
Diversification of Snow Removal Business Services
Effective Collection of Invoicing for Snow Removal Businesses
Principal, Jeremy Swenson, CSP, has satisfied requirements by SIMA (largest nationally recognized snow and ice trade organization-Snow and Ice Management Association) to become a Certified Snow Professional. There are less than 250 CSP’s in the USA.
Mr. Swenson currently owns and operates Snowmen, one of the largest snow and ice management companies in North America. He has Security Clearance and is trained for onsite snow operations at the IRS Regional Headquarters, FBI Headquarters, Department Of Treasury Buildings, and many types of Airport, Railroad, Organ Transplant Centers, and Medical facilities. He stays current with the modern methods and systems used today in snow and ice removal operations, procedures, equipment, contracts, and is very familiar with the types of de-icers used in the snow removal industry today. He has successfully navigated hundreds of slip and fall accidents and snow removal-related incidents. After overseeing thousands of commercial accounts over the years, he has worked through almost every issue that is relevant to a snow removal operation in the industry.
Solution Engineering Group is a multi-disciplinary engineering consulting and technical services company offering engineering investigation and analysis, customized and routine testing, accident investigation and reconstruction, pretrial and courtroom testimony. Their clients include private individuals, insurers, manufacturers, industrial processors, utilities, government, and law enforcement agencies and their representing attorneys. Chief Scientist/Principal of Human Factors and Safety, David G. Curry, PhD, CHFP, CSP, consults on all aspects of Human Factors, Applied Human Performance, Ergonomics, and Safety. He has over 30 years of experience working in accident investigation, product design and development, operational testing and analysis, and both laboratory and field research in the control / display, aviation, and surface vehicle arenas. Dr. Curry holds graduate degrees in Experimental, Human Factors, and Cognitive/ Perceptual Psychology, Industrial Engineering, and Business.
Areas of Particular Expertise:
Human / Machine Interface Design and Evaluation
Human Capabilities and Limitations in Applied Environments
Instructions and Warnings
Perception / Vision / Visibility
Slips / Trips / Falls
Evaluation of Equipment / Facilities / Structures from a Human Use Standpoint
Safety-related Issues in General
Dr. Curry has published over 50 technical papers dealing with various issues relating to Applied Human Performance and Accident Investigation. He holds 4 United States patents and has or does serve as a member of national standards-making committees for a variety of organizations (e.g., ANSI, ASTM, and SAE.) Dr. Curry has been honored with receiving the General Motors President’s Council Award and a NASA Center of Excellence Fellowship among others.
The public looks to safety professionals for guidance as experts in risk avoidance and hazard mitigation. This is reasonable as they are ostensibly trained in that area and, thus, in a better position to evaluate the risks inherent in different activities and to assess what can and should be done to alleviate or reduce those risks to an acceptable level. As such, it behooves safety professionals to be aware of not only safety-related heuristics that are presented to the public, but also the research that underlies that guidance to assess the appropriateness of the various safety rules that are promulgated to address potential hazards. In the real world, however, ostensible safety experts often simply accept these rules as representing appropriate, normal or typical behavior based on longevity, common sense or the simple frequency with which they are expressed.
Michael C. Wright, PE, CSP, CPE is a Professional Engineer with over 35 years of academic, practical, and specialized knowledge of Engineering, Construction, Safety, Maintenance, Demolition and Training in general industry and construction activities.
Mr. Wright's expertise is a definite plus in providing clients with leading edge information and insight. A licensed and practicing engineer, he rounds out his knowledge as a Certified Safety Professional (CSP) and Certified Plant Engineer to provide an insightful and accurate understanding of the issues involved in a case.
Mr. Wright has completed over 600 hours of specialized safety training, serves on ANSI and ASTM Standards committees and provides a thorough knowledge of OSHA Regulations, Directives and Letters of Interpretation. A recognized author, presenter, and trainer, Mr. Wright communicates the issues clearly for all to understand. His expert witness experience is a balanced blend of defense, plaintiff and OSHA Solicitor cases. He islicensed in 46 states.
The traditional methodology for addressing safety for facilities, machines or products is for owners, architects, engineers, consultants, contractors and vendors to complete the design, engineering, construction or fabrication of a project based on past knowledge, experience and training.
Rocky Mountain Safety Consulting, Inc. (RMSC), formulates effective and workable Safety Solutions tailored to unique business operations. A well-functioning, self-sustaining safety program avoiding incidents eliminates project slowdown, costly damage to equipment, tough questions from clients, and, most importantly, injury to employees. RMSC provides services to the construction, manufacturing, mining, and oil and gas industries.
RMSC Consulting Services:
Safety Programs - Draft and implement safety programs followed by training of crews and management. JSA's and JHA's, weekly safety talks focused on work tasks
EHS Programs - Develop and implement safety audit programs complying with OSHA and MSHA standards
Field Auditing - Create and implement field safety audit systems, tracking deficiencies, and correction timelines and accountability. Jobs Safety Analysis implementation
Principal, Greg Gerganoff, ASP, CSP, Esq., is an OSHA / MSHA Safety field and compliance expert in the fields of heavy construction, oil and gas, mining, pipeline, power plant outages, light rail construction, public schools, manufacturing, and trenching and excavation.
As OSHA and MSHA are not mere “guidelines to safety” but federal laws enforceable in administrate hearings and federal courts, Mr. Gerganoff's 12 years of experience as a Licensed Attorney, and additional 17 years as a safety professional, make him uniquely qualified to research and interpret OSHA regulatory laws (29 CFR 1910 & 1926) and MSHA (30 CFR Part 46). He maintains his license to practice law in the state of Colorado.
Hazard recognition plays a vital role in keeping employees safe. Some hazards are easily recognized, for example an employee climbing up a 20-ft ladder while holding tools in both hands is an obvious fall hazard. While some safety hazards are immediately recognizable, others require training to spot and avoid. One such hazard is hydrogen sulfide (H2S). Training is a key method to avoid the "ostrich zone." You do not want to bury your head when facing this hazard.
When personal injury events occur legal negligence actions may arise. Common law negligence is established by plaintiff showing defendant owed plaintiff a legal duty, to conform to a standard of care, defendant breached that duty, plaintiff suffered injury and there is a causal relationship between the breach and injury.
Lawyers and courts turn to expert witnesses to provide triers of fact with explanations of aspects of a case that are not commonly known. It is the subject matter expert's education, experience, and skill in a particular area that will help the triers of fact to reach a well-informed conclusion/decision. Examples of expert witnesses include medical doctors, accountants, engineers, DNA scientists, and more. Lawyers (and the courts) will employ an expert witness to shed more light upon factual issues for the purpose of discerning the truth. In short, expert witnesses educate, clarify, and explain a subject that is not common knowledge for most people.
The employ of expert witnesses in litigation is typically undertaken to help the decider of fact (judge or jury) decipher an area of specialized knowledge which is key to the case. The expert report serves the primary purpose of "educating" deciders of fact on topics not commonly known to the general public. However, a noncomplying expert report can wreak havoc on a case, increase costs or worse, have the expert's testimony precluded in whole or part from use at trial. This of course is contrary to the purpose of retaining an expert in the first place. Understanding the parameters of compliance (C.R.C.P. 26 (a) (2) (B) (I)) and how sanctions for non-compliance (C.R.C.P. 37 (c) (1)) may be applied is important not only for legal counsel but the expert as well under the 2015 rule updates and the recent Colorado Supreme Court case, Catholic Health Initiatives Colorado v. Earl Swensson Associates, Inc.
During a recent conversation with a friend who had purchased a small construction company he mentioned in passing that one of his employees had injured his ankle on the job but didn't report it to his work comp carrier as it was a minor incident, no days off work, didn't want his rates to go up, why bother. All is good. Right?
Electricity is a vital source of energy in our daily lives. It powers tools, provides light and heat. Our working lives are much improved and efficiency greatly increased thanks to electricity. But what about those situations where power from the grid is unavailable. Well, portable generators are an excellent tool for such a scenario.
Safety culture is a term frequently bandied about in today's business world and sounds as trendy as "mission statements" were years ago. (Let's not forget "best in class". First time I heard this at a company meeting I looked around to make sure I hadn't mistakenly wandered into a dog show. Really?)
Use fall protection; Use trench boxes when excavating; Lock out Tag Out any time repair or maintenance of equipment involving stored energy is performed; Slips, Trips and Falls are one of the most expensive types of injury. For my sixteen years in safety these safety hazards were always in the forefront of safety concerns for businesses and safety professionals. Guess what? Work related road way crashes is the number one serious/fatal injury cause for U.S. workers. OSHA recognizes this. CDC/NIOSH has generated a white paper studying this fact. Who knew? So here is some info on this number one safety hazard in the US work place.
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!)
"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.
Hazard recognition plays a vital role in keeping employees safe. Some hazards are easily recognized, for example an employee climbing up a 20-ft ladder while holding tools in both hands is an obvious fall hazard. While some safety hazards are immediately recognizable, others require training to spot and avoid. One such hazard is hydrogen sulfide (H2S). Training is a key method to avoid the "ostrich zone." You do not want to bury your head when facing this hazard.
When personal injury events occur legal negligence actions may arise. Common law negligence is established by plaintiff showing defendant owed plaintiff a legal duty, to conform to a standard of care, defendant breached that duty, plaintiff suffered injury and there is a causal relationship between the breach and injury. FN 1 But what sources of standard of care proofs are available? How does a litigant go about proving standard of care?
Rich Arlington & Associates s is a consulting firm specializing in the Snow, Ice, and Landscaping industries. All of their associates have extensive experience running snow removal and landscaping businesses, and many are Certified Snow Professionals(CSPs ). There are less than 250 CSPs currently in the United States.
Snow Ice, Landscape Contractors - Audit snow and ice businesses and provide consulting in operations, finance, and marketing; Train staff on how to cope under any weather conditions.
Property Owners and Managers - Minimize liability risk by taking the guess work out of snow and ice management contracts; Assist in budgeting for those services and in the selection of contractors.
Municipalities, Townships, and School Districts -Develop a snow response plan specific to each property or facility; Manage snow and ice contracts and staff training.
Richard D. Arlington III, CSP, LICM,has been the president of Arlington Lawncare since 1986. For over 30 years, Mr. Arlington has directed the Landscaping, Lawn Maintenance, Lot Sweeping, Snow, and Ice Operations in Erie, Pennsylvania.
Background Experience - Erie receives on average 54 plowing events and 70 salting events per year. The average snowfall in a 15 mile radius can range from 90" to as much as 200". Wide fluctuations of weather and the accommodating size of his company have given Mr. Arlington unique experience dealing with scheduling, routing, customer service, and subcontractor relations. In the past 10 years, he has dealt with over 160 subcontractors at a time.
Mr. Arlington is an expert on issues dealing with Ice Control with both Rock Salt and Liquid Calcium / Magnesium Products, which has resulted in 20 plus years of no at fault slip and fall incidents for his company, while maintaining over 150 accounts from large retail plazas to small convenience stores.
This book is an opportunity to make up for lost time. Richard Arlington was a homeless man who built a multimillion dollar empire mowing lawns. Through almost fictional challenges, the author details how he overcame sickness, poverty, low-expectations and welfare to become a wealthy man.
Howard Cannon, Restaurant, Bar, and Foodservice Industry Author, Speaker, Analyst, Consultant, Expert Witness, Mediator, and CEO has served dozens of the world's largest restaurant brands, and has worked in virtually every type and style of restaurant, bar, and food service industry environment, from convenience food to fine dining, and on behalf of nearly every type, size, and style of company, from Fortune 500 international companies to independent "mom-and-pop" operations.
Author: Mr. Cannon’s world-famous books can be found in book stores in 76 countries around the globe including Barnes and Noble, Books-a-Million, Amazon, and many other fine retailers. Mr. Cannon's most famous books, including, "The Complete Idiot's Guide to Starting A Restaurant (1st & 2nd Edition,)", are highly-recognizable and read by tens of thousands of people.
Restaurant Expert Witness, a division of Restaurant Operations Institute, Inc. - founded in 1987, is one of America's most highly-visible & highly-recognizable restaurant, bar, and foodservice industry consulting, expert witness, and advisory firms - providing restaurant, bar, and foodservice industry analysis, consultation, expertise, opinions, advice, management, mediation, content, and expert witness services to clients of all types and sizes, and in markets across the country and around the globe. View Howard Cannon's Expert Witness Profile
Restaurant Expert Witness Services: litigation support - unbiased opinions, testimony, and reports - for Plaintiffs and Defendants in State and Federal courts. NO CHARGE for domestic travel.
Restaurant Turnaround & Profit Improvement: for those looking to get better performance out of their restaurant or group of restaurants of any type, style or size anywhere across the country or around the world.
Restaurant Start-Up: a wide variety of products and services, specializing in projects for high net worth individuals and for restaurants and bars that are well-funded.
How to Start a Restaurant – attended by people from every walk of life that dream of opening and operating a successful restaurant.
How to Fix a Restaurant – attended by those who are already in the restaurant business in either a chain or an independent with responsibility for one to several dozen locations. These participants are generally looking for higher sales, lower costs, and better profits.
Custom Restaurant Industry Speeches & Seminars: providing unique and memorable speeches and seminars covering a wide variety of restaurant-based subject matter to audiences of all types and sizes in markets across the country and around the world.
Did you know that restaurants are more likely to experience workplace violence than any other industry in America? In this article we will help you find out why restaurants are so prone to violence, what leads to violence, the practical steps to help make restaurants safe, and the insider information that you need when dealing with one of these legal matters.
OSHA guidelines, standards and safety rules apply to nearly every restaurant industry legal matter and it is a whole lot more than the little bit of text on the OSHA wall poster. Your case will more likely than not depend on the standards applied and whether or not you know the standards and how best to apply them to your legal matter as it pertains specifically to restaurants.
If you have a pending lawsuit that pertains to a restaurant or bar industry legal matter, you need to know what "shared space" is, and how it applies to your underlying legal matter, and the role that OSHA guidelines, codes and safety rules will have. Shared space is an industry specific formula and will impact the standards that you apply and could be the difference between winning or losing your case.
Compiled from more than 1,000 hours of research and statistical analysis, Restaurant OSHA Safety and Security was written to help provide restaurant owners, managers, executives, employers, employees, and vendors what they need to know about OSHA and industry standards and best practices in simple language, so they can concentrate on being successful and making money.
In this revised edition, aspiring restaurateurs will find everything they need to know to open a successful restaurant, including choosing a concept and location, creating a business plan, finding the cash, and much more. New content includes information on tips, tip-outs, and reporting for the entire staff, choosing the best POS system, setting up a bar and managing the wine list, and making the bottom line look good long-term.
Since 1988, Real-World Forensic Engineering, LLC ("RWFE") has provided engineering services to industries and government labs, as well as litigation support to both plaintiff and defense attorneys practicing in many areas.
RWFE Areas of Expertise Include:
Components & Machinery
Metallurgy & Corrosion
Dynamics of Impact & Collisions
Friction Analysis / Slips, Trips and Falls
Intellectual Property & Patent Review
Accident Reconstruction / Animation
Computer Aided Design
Education & Training
Electrocution & Switch Malfunction
Grounding & Lightning Protection
Lightning Impulse Testing
Products and Premises Liability & Safety
High-Voltage & Current Power Systems
Bridge Design and Safety
Fire & Explosion Cause and Origin
And Much More...
At RWFE, we proudly distinguish ourselves by our Four C's:
B.S., M.S., M.Eng., M.B.A., J.D., and Ph.D. Degreed Licensed Professional Engineers in Mechanical, Electrical, and Civil Engineering Tenured University Professors and Professionals NAFI Certified Fire and Explosion Investigators (CFEI) Licensed Master Electricians
Over 80 Combined Years of Experience in Engineering R&D, Industry, Academia, Consulting, and Expert Witness Litigation Support Over 120 Combined Deposition and Court Testimonies
Internationally Recognized in Our Areas of Expertise More Than $19 Million in Peer-reviewed and Funded Research Grants Over 200 Combined Scientific Publications and Journal Articles
Over 20 Different Undergraduate and Graduate-level University Courses Over 30 Invited Short Courses, Talks, and Lectures
Rapperport Associates, Inc., provides exceptional capability in Failure Analysis, Fire and Explosion Investigation, Accident Reconstruction, Structural Analysis, Mechanical and Electrical Engineering, Metallurgy and Materials Science. We have provided superior technical support for litigation since 1974, and possess an extraordinarily talented technical team with impeccable academic and industrial credentials and proven analysis capability. Our team of distinguished scientists and engineers is drawn principally from Massachusetts Institute of Technology (M.I.T.) and Stanford University.
Quality Forensic Engineering, LLC is a full-service forensic engineering firm, providing engineering support to clients in the areas of accident reconstruction, premises liability, and product liability. With over 20 years of experience for each of our senior engineers, we utilize the latest technology for documenting evidence and retrieving data including FARO 3D scanning, aerial drone imaging, and black box downloads. Our forensic engineers are mobile, supporting clients throughout the U.S. We are headquartered in Tallahassee, Florida with remote locations in Jacksonville, Florida and Tucson, Arizona.
Dr. Brian Pfeifer, P.E.,
With over 20 years of experience investigating and testifying in cases involving a variety of forensic engineering issues, Dr. Pfeifer is a leading expert in accident reconstruction, roadside safety, maintenance of traffic, and analysis of mechanical systems, and product failures. Dr. Pfeifer has a strong background in the design, development, and implementation of roadside safety hardware including guardrails, bridge rails, and crash cushions. Over 33 patents have been filed worldwide on behalf of Dr. Pfeifer and associated colleagues who invented safer guardrail systems and terminals, vehicle storage systems, shipping container handling systems, and material handling and storage methods. Dr. Pfeifer has published numerous papers to various organizations including the Transportation Research Board and Port Technology International, covering topics ranging from new guardrail systems, energy-absorbing guardrail terminals, and breakaway mechanisms incorporated in traffic signs to material handling technology. Dr. Pfeifer’s expertise has been shared with many organizations such as the Florida Justice Association, Palm Beach County Justice Association, American Bar Association, Defense Research Institute, and Alabama Defense Lawyers Association with presentations he’s made on topics including vehicle collisions, bicycle accidents, roadway constructions zones, and accident reconstruction expert witness utilization. Dr. Pfeifer is a registered Professional Engineer in three states and stays current with learning new technology in the field of forensic engineering. He has refined his skills and knowledge of accident reconstruction and roadside safety by taking dozens of continuing education courses over the span of his career.
Tractor / Trailer Collisions
Black Box Analysis
Product Failure Analysis
Maintenance of Traffic (MOT) evaluation
Restraint System Analysis
Ms. Traci Campbell, P.E., CXLT,
Ms. Campbell is an Industrial engineer with specialties in industrial accident reconstruction, including slip, trip, and fall analysis, human and environment interaction, forklifts, applicable standards and guidelines, and workplace-safety issues. Her expertise also includes vehicular accident reconstruction involving automobiles, trucks, tractor-trailers, and recreational vehicles, as well as, product failure analysis.
Slip / Trip / Fall
Retail Facility Safety
Human and Environment Interaction
ANSI / ASTM / Building Codes
Guarding & Warnings
Forklifts and Construction Equipment
Theme Parks / Recreation Safety and Facilities
Tractor / Trailer Collisions
Airbag and Black Box Analysis
Product Design / Failure Analysis
Mr. Chris Yates, P.E.,
Mr. Chris Yates, P.E., is a Mechanical Engineer with specialties in accident reconstruction, including electronic module downloads for both automobile airbag modules and tractor-trailer electronic control modules. His expertise includes auto accidents, tractor-trailer accidents, bicycle accidents, pedestrian accidents, and other roadway accidents. His expertise also includes seat belts, occupant kinematics, product failure analysis, and other general engineering issues.
Dr. J.P. Purswell, PhD, PE, CPE has extensive experience in Human Factors, Ergonomics and Safety Engineering. He has completed projects for clients in all these areas and regularly teaches ergonomics and safety engineering at Colorado State University.
Dr. Purswell Consults with Manufacturers on Product Safety Issues, including Warnings and Instructions. He also Consults with Employers regarding the development and implementation of safe and ergonomically sound work practices, including the identification and control of ergonomic risk factors for back injuries and upper extremity cumulative trauma disorders.
Dr. Purswell has prepared ANSI Z535 compliant instructions and warnings for attic ventilators, deer-stands, LPG hoses, ammonia hoses, warehouse rack systems, and arts and craft products among others. He has also prepared ANSI Z129.1 compliant warnings for a range of chemical products from gasoline pump warnings to brake pads and ammonia hoses, and OSHA and ANSI Z400.1 compliant material safety data sheets for several chemical manufacturers.
He is the author of more than 20 publications or presentations on product safety, occupational safety, printed warnings, and auditory warnings. He has been inducted into Alpha Pi Mu, the Industrial Engineering Honor Society and is a recipient of the Gordon Fellowship from the University of Oklahoma.
Design and Testing of Instruction Manuals and on Product Warnings
Usability Testing of Products for Ease-of-Use and Safety
OSHA Audits for Employers
Employer Training - Benchmarking Safety Performance Against a Company's Industry
Employer Training - How to Prepare For OSHA Inspections
In 2005 a summary of "General Duty Clause" citations issued for ergonomic hazards was published (Purswell & Purswell, 2005). That summary showed that the primary area of ergonomics citation activity under the "General Duty Clause" (paragraph (5)(a)(1) of the OSHAct of 1970) by OSHA to that point had been concentrated in nursing homes, peaking in 2002 and 2003.
The purpose of the current study was to update and expand upon an earlier study performed to review and categorize OSHA accident investigation records for pedestrian-backing vehicle accidents according to whether the backing vehicle had a backup alarm and whether the alarm was installed and functioning as intended. The current study includes an analysis of additional records as well as the business type (SIC code) of the employer.
Propel Consulting offers turnkey solution for all our customers Construction / Industry Safety Compliance needs. They utilize accredited training programs that provide comprehensive classroom lectures and actual hands-on training to ensure your employees comprehend and can demonstrate the disciplines that they have learned and apply them directly in their daily jobs.
Propel Consulting also offers:
Customer Specific Safety Consulting Services
Safety Policy Development (no boiler plates)
Site Inspections with Corrective Action Plans
OSHA Inspection Assistance
Informal Negotiations and Citations Contest with the OSHRC
Cory W. Bruner, VP of Propel Consulting, has 25 years of experience in Safety in Construction and General Industry. Mr. Bruner is a qualified Safety Professional and holds a Safety Management Practitioner Certification. He has 25 years of Safety, Health and Environmental experience and 15 years specializing in Concrete Pumping. Mr. Bruner has provided services to clients in the Concrete Pumping, General, Construction, Oil and Gas, Legal, and Insurance Industries.
Concurrently with Propel Consulting, Mr. Bruner serves as Corporate Director of Risk Management, Safety and HR at Facility Solutions Group, Inc. In this role, he oversees all aspects of Safety and Health including but not limited to policy and development, implementation, training, pre-qualification coordination, injury prevention investigation and reporting, site loss control auditing, management of facility safety trainers and staff, safety, and safety budgeting.