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.
Since 2010, Craig Moskowitz, MBA, MS, PE, the President and Managing Member of CLM Engineering Associates, LLC (CLM), has been concentrating the comapny's focus on forensic engineering/expert witness work for the insurance industry and legal community. In addition, they offer construction management, civil engineering and building inspection services.
CLM has extensive construction management experience on both commercial and residential projects. Projects have included:
Safety inspections on both civilian and military projects through application of OSHA regulations. Designed drainage systems for the government while an officer with the United States military. Cost estimating for various projects exceeding $500 million<li>
Designed document creation and management of high-rise construction in Manhattan
Management of telecommunications projects for Verizon in Manhattan including CPM schedule creation and updating
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.
Litigation Support - Forensic work related to evaluation of structural steel systems with commercial building construction and insurance-related claims due to storm damage on commercial and residential structures. Craig Moskowitz has been deposed several times in litigation matters. Mr. Moskowitz has testified 17 times in the past four years.
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. He has witnessed, first hand, the physical, mental, and financial devastation that can result from unsafe walkways, thus resulting in his proactive, rather than reactive management philosophy.
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.
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. His ability to apply the scientific standards for measurement of floor safety established by the National Floor Safety Institute and ANSI as part of a comprehensive walkway management program can help reduce the exposure of a facility to litigation as well as create a safer environment for employees and patrons.
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.
Litigation Support - Brent A. Johnson specializes is Forensic Walkway Testing in slip and fall cases for both defense and plaintiff attorneys. He offers unbiased, objective walkway test data for slip and fall litigation based on the ANSI/NFSI B101 national consensus walkway testing standards. His services include the coefficient of friction (COF) measurements under both dry and wet conditions.
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 Expert Witness Services to legal professionals needing assistance with snow and ice removal slip and fall cases. They are experts in black ice, sleet, freezing rain, slick conditions, freezing fog, and re-freezing. Swenson Consulting is very familiar with the snow and ice removal industry standard operations and practices across the country, and will help determine how this relates to the snow removal agreement or operations in a slip and fall incident or snow related accident.
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 is Security Clearanced and 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. After overseeing thousands of commercial accounts over the years, he has worked through most every issue that is relevant to a snow removal operation in the industry.
Litigation Support - Mr. Swenson works with attorneys on defense and plaintiff sides with regards to snow removal, ice treatment, and snow removal best practices issues. He works nationwide and will travel. Swenson Consulting also offers detailed Weather Analysis services and reports for situations surrounding a slip and fall event or accident and will offer detailed weather expert witness consultation regarding the weather surrounding the slip and fall accident.
David G. Curry, PhD, CHFP, CSP, is part of Solution Engineering Group, which has experts representing a wide variety of engineering and scientific disciplines. Each has the ability to work as a team, matching your needs with the right Expert. Dr. Curry 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. He retired as a Lieutenant Colonel from the Air Force Reserve, where he worked with the Air Force Research Laboratory in the area of display technologies, aircrew training, and pilot-vehicle interfaces.
Litigation Support - Dr. Curry is recognized as an expert in operator-vehicle interaction and is both a Certified Human Factors Professional and Certified Safety Professional. He holds several 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 provided expert testimony in both State and Federal courts.
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
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.
Dr. Shakir Shatnawi, PhD, PE, is a nationally and internationally recognized expert in the Transportation Engineering industry. Shakir has a Ph.D. in Transportation Engineering. He has over 30 years of practical and extensive engineering and transportation expertise covering industry and public agencies including FHWA and the California Department of Transportation (Caltrans). Shakir is currently the president of Shatec Engineering Consultants. He taught highway engineering, traffic engineering and transportation engineering and pavement design at California State University. Dr. Shatnawi served as a principal investigator on multi-million dollar transportation projects. He held various positions at Caltrans including a Senior Transportation Engineer, a Supervising Transportation Engineer and a Division Chief. Dr. Shatnawi's education and experience demonstrates a wealth of engineering knowledge encompassing highway design, traffic engineering, pavement design, geotechnical engineering, materials and construction . As a recipient of many acknowledgements from the government, Dr. Shatnawi has an impeccable reputation within the industry for his significant professional contributions. As an expert orator, he frequently shares his knowledge at major conferences around the world. Dr. Shatnawi provides expert witness services in the following areas:
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 is licensed 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.
Greg Gerganoff, CSP, Esq., possesses extensive experience in safety compliance and practice involving OSHA and MSHA. He obtained is law degree from Western Michigan University, Cooley Law School and practiced general civil law for approximately 12 years in Colorado prior to entering the safety profession. He earned a Certified Safety Professional certification and has 18 years of field safety experience in mining, oil and gas, construction, manufacturing, power plant outages, and light rail construction.
An Authorized Outreach Trainer for OSHA General Industry.
A PEC Safeland Basic and Core instructor (Oil and gas).
An MSHA Approved Instructor (Blue Card) for Surface, Metal/nonmetal.
A member of the American Society of Safety Professionals.
His professional safety experience includes OSHA / MSHA Safety field work and compliance with experience in the heavy construction, manufacturing, light rail construction, power plant outages, public schools, oil and gas, mining, pipeline, and trenching and excavation industries.
Litigation Support: Mr. Gerganoff assists with discovery questions regarding safety matters. Safety opinions based upon statutory, administrative, judicial rulings and related industry association safety policies ancillary to OSHA and MSHA. Mr. Gerganoff is retained by attorneys for both Plaintiff and Defendant.
Some of the subject matter litigation he has handled include:
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?
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.
Litigation Support - Mr. Arlington is available to assist attorneys for plaintiff and defendant. His services include site review, contract review, thorough reporting, depositions, and trial testimony as needed.
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 is one of America's most sought after Restaurant, Bar, Food, & Beverage Industry Experts in the country. With over 32 years of experience, Judges & Juries respect Howard's industry expertise in regard to his restaurant expert witness& restaurant litigation support services - having provided expert witness testimony, opinions, and reports in both State & Federal Cases for Plaintiffs & Defendants.
• Federal Certification with 29 CFR 1910 from the Occupational Safety & Health Administration
• Certified Forensic Consultant (CFC)-the American College of Forensic Examiners
• Hazard Analysis & Critical Control Points Manager Certification (HACCP)
• National Environmental Health Association Certification • ServSafe Food Safety
• On-Premise Alcohol - TIPs 2.0
Nationwide Services - NO CHARGE for Domestic Travel
State & Federal Cases - Plaintiffs & Defendants
Restaurant, Bar & Hospitality Industry Matters - Since 1987
Highly-recognizable books, "The Complete Idiot's Guide to Starting A Restaurant" (1st & 2nd Ed) and "Restaurant OSHA Safety and Security: The Book of Restaurant Industry Standards & Best Practices", found in 76 countries around the globe.
Howard Cannon - Restaurant Expert Witness
With 250+ Litigation and 300+ Pre-Litigation cases as a Restaurant Expert Witness, Food Safety & Contamination Expert, and Restaurant & Bar Safety & Security Expert, Howard provides Credibility, Integrity, and Unbiased Analysis & Reports. Howard is well-spoken - having given hundreds of restaurant, food service & hospitality industry speeches and seminars, and is quite comfortable in any court of law. He is a published author/experienced writer with books & articles published in dozens of markets around the globe - delivering clear & concise expert reports with an effective and efficient opinion & basis. Howard NEVER misses a deadline – his expert witness reports & opinions are always on time.
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.
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
Design Evaluation – Accident Investigation – Intellectual Property Failure Analysis – Fire Cause & Origin – Component Testing Computer Aided Drafting – Accident Animation Expert Witness & Litigation Support
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 and accident reconstruction firm, providing engineering support to clients in the areas of collision 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. Headquartered in Tallahassee, Florida with a satellite office in Jacksonville, Florida, we look forward to serving you.
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 holds a doctorate in Industrial & Systems Engineering from Virginia Tech. He has taught Safety Engineering Ergonomics in the Industrial Engineering Department at CSU-Pueblo since 1999. A member of the Human Factors and Ergonomics Society and the American Industrial Hygiene Association, Dr. Purswell also served as the Chair of the Industrial Engineers PE exam from 2005 to 2009. He continues to serve on the committee which is responsible for the preparation of the national professional engineering examination in industrial engineering. Dr. Purswell is the author of more than 20 publications and presentations on Product Safety, Occupational Safety, Printed Warnings, and Auditory Warnings. Examples of products addressed include silica, asbestos, cleaning chemicals, gasoline containers, and recreational equipment. Dr. Purswell maintains NIST-calibrated equipment for the measurement of light, sound, force, and whole-body and hand-arm vibration in addition to standard photo and video equipment. Dr. Purswell has been an Expert Witness in the legal industry since 1997. He has been qualified as an expert in state and federal courts across the nation in safety engineering, including safety analysis techniques such as Fault Tree Analysis and FMEA as well as product warnings / instructions and OSHA compliance issues. Dr. Purswell's services include site inspections, document review, drafting Rule 26-compliant reports, deposition, and trial testimony. He has been retained by attorneys for both Plaintiff (40%) and Defense (60%) more than 100 times, has been deposed approximately 50 times, and has testified at trial over 20 times. Areas of Expertise:
Warning and Safety Instructions
Chemical Accident Prevention
Lockout / Tagout & Machine Guarding
Trucks and Forklift Accidents
Power Tools Safety
Hazard Communication - Audible Alarms
Employer Safety Training and Supervision
Perception / Reaction Time
Ergonomic Work Practices
Working and Walking Surfaces - Slip, Trip and Fall
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.