This case involves a twenty-seven-year-old male who was working on the construction of an apartment building. The construction worker was installing a balcony railing system on the second-floor. As he was securing the railing to the balcony’s cement foundation, he lost his footing and slipped off the edge. The worker fell into an area that was littered with construction tools and debris. He suffered severe lacerations to his torso, a broken femur, and a compound fracture in one of his arms. He has been unable to return to work for the past six months.

There are very specific fall protection guidelines outlined by OSHA that must be implemented when a worker is exposed to the hazard of falling. The worker should have been outfitted with a fall arrest system similar to a climbing harness. These particular systems can be anchored to various parts of the building to protect the worker from falling. The harness build must be able to support a fall that is equal to 1,800 pounds (8 kilonewtons) and be rigged so that the worker may not free fall more than six feet. Additionally, these individuals must be adequately trained to use these fall protection systems. If this person was correctly outfitted with a such a device, their injuries could have been avoided. I have over twenty years of experience working as a construction foreman and have extensive knowledge of OSHA's Fall Protection guidelines.

1. What are the proper safety standards for construction workers operating at an elevated height?

Construction Worker Falls from Balcony and Sustains Serious Injuries

This electronic systems case involves the death of a young child from a fire sparked in her family’s minivan by the explosion of its panoramic sunroof. The plaintiff’s three-year-old daughter was playing in the family minivan along with her twin brother. The engine was off and the keys were not in the ignition at the time. The glass of the panoramic sunroof suddenly buckled, shattering and sending glass shards, causing a fire to start in the passenger compartment of the van. The fire quickly engulfed the passenger side of the van. The plaintiff’s daughter suffered third-degree burns over 80 percent of her body and later died at the hospital from her injuries that same day.

The lower portion of the instrument panel in some minivans near the wiring harness, cigarette lighter and controls for the heating and AC system might cause electrical activity that emanates from the wires or connectors in this area. In some minivans, the electrical components may fail and result in a fire, even though the ignition key is in the “off” position. In some cases, a fire may start at the interior driver and center dash area if there is a failure of the wiring harness conductors and/or the adjacent components which are located at the interior center or driver side dash area of the vehicle. A fire in a minivan that originates in the dashboard may be caused if there is an electrical malfunction within the dashboard. An electrical malfunction in the dashboard area can lead to a large current drain and this may cause a fire in the vehicle. An electrical abnormality related to the wiring harness of the electronic cluster board may cause this type of fire in a vehicle. A faulty connection at the rear of the cigarette lighter socket might also cause a fire in a vehicle. Combustible materials, such as electrical wiring insulation, plastic wire ties, and plastic electrical connectors can all serve as fuel sources which can start an off-key electrical dashboard fire in a vehicle. These types of fires can result from a failure in the wiring harness under the dashboard and may cause a fatality when the car quickly fills with smoke. An electrical wire in a harness may short in such a way that it becomes very hot and this may cause the vinyl coating on the wire, and those wires surrounding it, to melt and then ignite. This type of dashboard fire can consume the interior of a vehicle very quickly and cause fatalities.

1. Is the instrument panel in a minivan unreasonably dangerous because undesired electrical activity might cause a fire in the vehicle?

Automobile’s Defective Electrical Sunroof Causes Fire and Leads to Child’s Death

This case involves a construction company that had been hired to build an industrial park with an office complex and landscaping that included a large plastic-lined pond. The pond’s water was to be controlled by opening and closing a gate valve in a 12-inch diameter drain pipe. The drain pipe was installed on a concrete pad at the bottom of a manhole near the edge of the pond. The manhole was 24 feet deep with an inside diameter of 4 feet and a 24-inch opening. A construction worker received an order from his supervisor to enter the manhole and close the gate valve so that they could prepare to fill the pond. There was no environmental testing within the manhole. The atmosphere had not been tested or ventilated before the worker entered it. When the worker entered the manhole, he collapsed in about 12 inches of water. The supervisor called 911 and several firefighters entered the manhole and removed the worker. The worker was later pronounced dead at the scene by the county coroner. Four hours later, the manhole atmosphere was tested by a private laboratory and the test results showed that there were oxygen levels from 18.5% to 20% and methane levels at 300 to 600 parts per million (ppm) at depths from 12 to 15 feet. The medical examiner later listed the worker’s cause of death as asphyxiation from lack of oxygen.

Usually, construction workers are not required by their supervisors to enter manholes. If a construction worker is doing a job that requires him to enter a manhole, the construction company is usually required to have a confined space entry policy. A construction company that requires workers to enter manholes must usually conduct formal training of employees about the atmospheric hazards of working in a manhole. There must usually be a competent person on-site that is trained in the proper safety procedures of working in manholes and the construction company must also make sure that workers wear adequate equipment for a confined space entry. The most dangerous conditions of working in a manhole result from oxygen deprivation and asphyxiation from gas fumes. Proper safety procedures for a worker in a manhole include removing any sludge or sewer debris that could give off toxic gases and using a ventilating blower to blow fresh air into the manhole to make sure that the workers have oxygen to breathe. The construction company in this case should have required the worker to wear a breathing apparatus and also wear a safety harness and rescue ropes before he entered the manhole.

1. What could cause a construction worker in a manhole to die from asphyxiation?

Construction Workers Asphyxiated at Construction Site

This case involves serious injury following an automobile accident. A family was driving on a highway, while another vehicle was driving in the opposite direction. The other driver was under the influence of alcohol and crossed over into the oncoming lane, crashing directly into the family’s car. A young child was sitting in the back seat of the family’s car and was wearing a seat belt – however, there was no shoulder harness and the seat belt only covered his lap. Due to injuries he sustained during the accident, the child is now paralyzed from the waist down, and the family has had to pay for long-term neuromuscular and functional electrical stimulation to help their child regain control of her muscles. The plaintiffs argue that seat belts without shoulder harnesses can cause these type of injuries, and that the car’s manufacturer should have made provisions to include the shoulder harness when the vehicle was produced.

I have many years of experience in this field, and I have reviewed cases very similar to this in the past. Much of my career has been focused on improving seatbelt safety, particularly for child passengers. I first studied the impact of lap belts on crash dummies. Witnessing these belts sever dummies in half spurred me to dedicate my career to their eradication. I would be happy to review this case on behalf of the plaintiffs.

1. Please discuss your background and your knowledge on "seatbelt syndrome."

Location: California B.S., Automotive Mechanical Engineering, General Motors Institute M.S., Engineering, Case Western Reserve University Member, Society of Automotive Engineers Member, American Academy of Forensic Sciences Member, Association for the Advance of Automotive Medicine Member, American Society of Mechanical Engineers Published, numerous articles regarding automotive safety Lectures, frequently invited to present as a guest speaker Former R******* E******* G****** M***** Former S***** P****** E******* G****** M***** Former H*** o* E********** a** D***** G***** M** T********* I** Former P****** S********** a** A********* Current O**** p****** c********* c******

This supremely qualified Mechanical Engineering expert has over 40 years experience in automotive engineering and vehicle safety. He received a bachelors in Automotive Mechanical Engineering from the General Motors Institute. He went on to complete a masters in Engineering at Case Western Reserve University. He is a member of several professional organizations including the Society of Automotive Engineers and the Association for the Advance of Automotive Medicine. He began his career as a member of the research team at General Motors where he studied safety and human factors. He was promoted to Senior Project Engineer responsible for evaluating vehicle restraint system performance. Since his time at General Motors he has tirelessly worked towards improving vehicle safety in particular seat belts. He has reviewed many cases involving rear lap belt injuries and has published extensively on the topic. His work has focused on the impact of these belts on children. He has previously served as an expert witness for the plaintiff on several successful cases against Ford. He is currently the owner of a private consulting company.

Child is Paralyzed by Single-Strap Seatbelt

This case takes place in Texas and involves an employee of a national auto parts distributor who was injured in the warehouse. He was instructed to retrieve a box of heavy components that was high up on a shelf in the warehouse. The employee proceeded to climb up the structure of the shelf itself, without the use of a ladder or other appropriate climbing aid. As he was bringing the box down, he lost his balance and fell nearly ten feet to the concrete flooring of the warehouse. He subsequently broke bones in both legs and had to undergo reconstructive surgery, as well as physical rehabilitation in order to regain his mobility. It is alleged that the plaintiff was not provided with the proper equipment or training to prevent an accident like this from occurring, and that his managers ignored the dangerous conditions that this caused.

I have over 30 years of experience with big box retail/warehouse safety and security management. I understand the protocols that are standard in the industry as it relates to safety and security measures in the retail and warehouse environment and would be happy to review this case. From a look at the case description it seems fairly obvious that best practices were not followed by this company. An employee should never be made to climb warehouse shelving in order to retrieve items, especially without any sort of safety device or supervision. The fact that the employee did not have ready access to the appropriate equipment is particularly worrying.

1. Please discuss your background in teaching and setting safety measures for big box retail/grocery stores in a warehouse setting. 2. What measures could have been in place to prevent this accident? 3. Are you able to review the case on behalf of the plaintiff and potentially testify to your findings? 4. Have you ever served as an expert witness and testified on a case similar to the one described above?

Location: TX BS, Business Administration & Management, Sam Houston State University Security Management, American Public University System Certification: OSHA Occupational Safety Training Member, Board of Advisers, Loss Prevention Research Council Member, International Security Service Council Member, Loss Prevention Foundation Former D******* R******* L*** P********* W****** Former D******* S******* S******* W****** Former S***** D******* S***** S***** C*** Current C*********

Southwest

Texas

This highly qualified expert is OSHA certified in Occupational Safety Training and he formerly served in various Directorial positions at both Sam's Club and Walmart. His area of expertise includes but is not limited to asset protection, security, safety, investigations, regulatory compliance, training and development, and general strategic planning. During his time at Sam's club he was in charge of approximately 300 stores where he was responsible for designing and implementing safety protocol and processes.

Warehouse Worker is Injured in Preventable Fall

This case involves a roofer who was installing CertainTeed shingles on a multi-unit apartment complex. On the day of the incident in question, the Plaintiff fell several feet from the roof while he was installing the shingles, where he landed on a pallet of construction materials. The Defendant residential construction company was supposed to set up a harness system that would have allowed the roofers to tie on to anchor points on the roof as a means of fall prevention, however no such system was in place at the time of the accident. Despite this, there were no warnings provided to the workers, and no one was notified about the unfinished safety system. As a result of his fall, the Plaintiff suffered a number of significant injuries, including broken bones, a concussion, and spinal cord damage. As a result of the accident, the Plaintiff will no longer be able to work, and will require a lifetime of ongoing care.

I have nearly 20 years of experience in construction, at least 15 of which was focused on safety specifically. I am responsible for the implementation of numerous standards and regulation in my construction work, including environmental health and safety, hasps and safety lock-out systems, and others. While there may not be direct regulatory authorities governing the communication of conditions, best management practices (BMPs) on communicating hazards have become an industry standard. From the facts presented, I believe that additional signage, temporary barricades, temporary fall protection, or simple communication could have been implemented to prevent the incident. Safety standards and building codes require adequate fall protection and notice of dangerous conditions if such protection has not been established. This kind of work should not be undertaken without adequate fall protection in place.

1. Please discuss your background in setting safety standards in a construction setting. 2. Are there measures in place to notify a worker of any dangerous conditions? 3. What could have been implemented to avoid the accident?

Location: Delaware Certified, Construction Health and Safety Technician Certified, Construction Quality Control Manager Certified, Construction Reviewer Completed, OSHA 510 Occupational Safety and Health Standards for the Construction Industry Completed, OSHA 500 Trainer Course in Occupational Safety and Health for the Construction Industry Completed, OSHA Construction Safety 30 Hour Training Completed, OSHA HAZWOPER 40 Hour Training Former C*********** M****** A************** Former S***** M****** M*** G***** Former S***** S********* S********* Current O**** a** P******** e************ a** c*********** h***** a** s***** c********* f***

This expert has over 15 years of experience as a construction and safety manager, managing all phases of building construction, demolition, and environmental remediation. He is Certified as a Construction Health and Safety Technician, a Construction Quality Control Manager, and a Construction Reviewer, while he has completed numerous OSHA safety courses. This expert has extensive experience with the New York Department of Transportation, the New York Department of Environment Protection, as well as the New York Department of Buildings. As a Site Safety Health Officer for the Dover Air Force Base, 50,000 man hours were logged with zero loss time incidents under his supervision. As a Safety Manager for MWHC Global, he developed, planned, and managed specific environmental health and safety programs including Fall Prevention Protection, Critical Lift (crane), Excavation and Trenching, and Scaffolding and Raised Platform, all in compliance with OSHA 1910, 1926, and EM 385 1-1. Currently, this expert is the Owner and Principal of an environmental and construction health and safety consulting firm, where he is regularly contracted as a Safety Manager/Coordinator for various construction projects.

Harness Expert Witnesses

Find an expert witness near you

Harness Expert Witness Case Studies

Construction Worker Falls from Balcony and Sustains Serious Injuries

Automobile’s Defective Electrical Sunroof Causes Fire and Leads to Child’s Death

Construction Workers Asphyxiated at Construction Site

Child is Paralyzed by Single-Strap Seatbelt

Warehouse Worker is Injured in Preventable Fall

Construction Safety Expert Comments on Dangerous Site Conditions

Connect with the Harness expert witness you need to win your case