OSHA Inspector Allegedly Dies From Asbestos Exposure

ByJohn Lomicky

Updated on

This case involves an OSHA boiler inspector who worked on these boilers for over 30 years. The inspector allegedly died as a result of repeated exposure to asbestos in the boilers he was inspecting. An expert in OSHA boiler inspection and general workplace safety was sought to explain how a typical boiler inspection is conducted and discuss the possible substances this man could have come in contact with during inspection, such as refractory mud, block insulation, and gaskets, among others.

Question(s) For Expert Witness

1. Please describe your experience inspecting boilers according to OSHA standards.

2. What process does an inspector typically follow when conducting these inspections?

3. What items and substances might an inspector come in contact with?

Expert Witness Response E-013135

inline imageI am a qualified NBIC boiler inspector and I currently provide boiler certificate inspection services for the US government. I'm also a professional engineer with extensive boiler design, construction, inspection, and repair experience. I was previously employed by a major boiler manufacturer, an insurance company, and an expert witness forensics firm. Boilers are inspected to jurisdictional requirements, based upon the national board of boiler and pressure vessel inspection code and ASME. I have been qualified by the national board to perform certificate inspections and currently conduct them for many groups. Each boiler installed in public use buildings requires an annual inspection to maintain its operating certificates. Hot water heating boilers require an external inspection. Larger boilers require both an internal and external inspection annually. Internal inspections require boiler entrance. There is an extensive checklist of items that require inspection. Depending upon the age of the boiler, asbestos may have been used for insulation and gasketing. Older boilers with asbestos must have it either removed or encapsulated. Encapsulation is legal, but must be maintained and can easily be damaged during use or inspection. I've provided testimony in several deposition and trial cases for matters concerning inspection activities.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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