Expert Witness Services
“Leading-Edge fall arrest products are the opioids of fall protection; over-prescribed and all too often, mis-utilized.”
– Dan Henn
International Society of Fall Protection Symposium
June, 2019
My most sincere hope is that is that no one ever needs to click on this page – because if they do, then it means that someone else has likely been the victim of a fatal or injurious workplace fall, which is an absolutely preventable accident.
In the most recent data provided by the Bureau of Labor Statistics, falls slips and trips accounted for nearly 27% of all occupational injuries resulting in days away from work, and were responsible for 15% of all fatal occupational injuries in 2018: That is nearly one out of seven!
Unfortunately, there are some very compelling reasons why gravity takes such a high toll in the workplace. To begin with, issues related to working at height are routinely among the top ten OSHA violations every year – occupying four out of ten slots in 2019 and accounting for more than 48% of citations issued among the top ten violations!
Furthermore, fall protection, as a classification of personal protective equipment, presents some of the most difficult technical challenges for the users of these products and systems, which are not nearly as intuitive as gloves, safety glasses, hard-hats or protective footwear. All too often, even when fall protection is being used, it has not been properly selected, employed, inspected or maintained. These issues are further compounded by a shocking lack of training coupled with the lack of a site-specific fall protection plan; both of which are explicitly required by the Occupational Safety and Health Administration regulations outlined in Title 29 of the Code of Federal Regulations in subparts D, I and M.
Fall Protection is a highly specialized discipline
Uniquely Qualified
Fall Protection is a highly specialized discipline, and most experts do not have a strong understanding of fall protection. Many that I have encountered were skilled engineers and/or safety professionals, and some had excellent academic credentials. What they lacked was command of the subject matter such as the science of fall arrest, terminology, regulatory and standards requirements and even a basic understanding of how products and systems are intended to be utilized, and which limitations may have contributed to poor outcomes.
Our approach is to review the facts of the case, and then conduct root-cause analysis based on decades of laboratory experience and an informed application of key regulations and standards. While many experts are generalists, we specialize in fall protection – it is all that we do. We can develop an actual, fact-based narrative and refute implausible or outright absurd theories because we understand the vulnerabilities of these products and systems and have witnessed first-hand the known and likely failure mechanisms.
We will provide a strong, compelling series of factual assertions and help you to create a strong argument to honestly and ethically formulate your position. We will also examine in detail any opposing depositions and discovery and will expose the deficiencies in their logic and conclusions. We can also direct additional physical testing and broker additional resources to ensure that your case is supported by a comprehensive catalog of facts and reputable expert perspectives.
Perhaps more importantly, we can help to identify weaknesses and vulnerabilities in your case and assist in the development of an ethical approach to managing the most favorable outcomes, which can be very helpful in terms of saving time and money and ensuring the needs of your client are addressed as thoroughly and expeditiously as possible.
How can an expert witness help your case?
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