|
Richard A. Rice, PE - Editor
|
|
|
Edition XIV - September 2017
|
|
Big News in Fall Protection!!!
Without much fanfare, we have some of the biggest news in workplace fall protection in years. Effective January 1, 2017, many OSHA guidelines involving workplace fall protection (1910 subpart D) that were permissive are now laws. In addition to new equipment requirements are the documentation requirements every employer must now follow. To learn about these new requirements,
Click Here
.
--------------------------------------------
Hurricane Harvey
What happened in Texas was biblical. Trillions of gallons of water placed in a relatively small area is too much for the mind to comprehend. What is certain is that it will be years before all the damage is accessed and people are made whole again. Forensic Engineers will play a role.
Those providing Forensic Engineering services in Texas should know that a Texas professional engineering (PE) license is not required. This has been the case since 2006. This will allow Forensic Engineers from across the country to provide timely and needed services to address the 10's if not 100's of thousands of insurance claims that are surely to come.
To read the letter that created the Texas PE Board policy on Forensic Engineering,
Click Here.
To read the actual Texas PE Board policy regarding Forensic Engineering,
Click Here.
Any Forensic Engineer working in Texas would be wise to behave themselves in Texas. I am sure you could be brought up on charges if you don't. Remember, thou shalt not lie, thou shalt not bear false witness,...you get the point.
--------------------------------------------
|
|
|
If you are not sure you are on the mailing list, please click on "Join the Mailing List" to automatically receive the monthly newsletter and timely updates. If you feel you have received this email by mistake, please see the bottom where you can remove yourself from the mailing list.
Again, thank you. If you have suggestions for OFI, please
email
me any time.
Sincerely,
Richard A. Rice, PE
PS: Past editions of OFI can be found at my company website.
Click Here
and scroll down to the bottom of the page. Thanks.
|
|
|
In the News this Month...
|
|
Don't Get Put on "The List"
In San Diego, CA, prosecutors place discredited police officers and expert witnesses who have perjured themselves on the stand on a secret list that only a few have access. Are you on the list?
Click Here
For Whose Theory Does Your Expert Need the Credentials?
This is a great article about how the Defense tries to "Daubert" out the Plaintiff's expert just because the Plaintiff's expert does not have experience with the Defense's theory of the case.
Click Here
Expert Witnesses and the Judge: A Canadian View
More in the evolving role of judges dealing with expert witnesses in Canada.
How Many Experts Does It Take to Change a Lightbulb?
This story reminds me of a similar situation I was involved with here in the states: Feuding neighbors.
Click Here
AMA: Stricter Vetting of Experts Needed
The American Medical Association (AMA) has submitted an amicus brief to the DC Court of Appeals requesting stricter rules (i.e. Daubert) for qualifying expert witnesses in cellphone/cancer cases.
Click Here
Daubert in Florida...Still a Guess
It appears that the Florida Supreme Court is not solid on Daubert.
Click Here.
OSHA Changes Strategy
To say that OSHA has a huge job is an understatement. However, I question the fairness of publishing their findings (i.e. violations, penalties...) with the media before a company can appeal. It is the "You are guilty until proven innocent" strategy.
Click Here
A Construction Incident with Preliminary OSHA Findings
A construction worker falls while working on a wooden handrail. PRELIMINARY findings indicate no fall protection (see top of this newsletter). I like the fairness of this article. By the way, falls are the leading cause of injuries and deaths in the workplace.
Click Here.
Changing or Clarifying Expert Testimony? Be Careful!!!
This is an excellent article on the "bear traps" when your expert witness changes or clarifies their expert testimony during a Daubert challenge.
Click Here
Secrets of the Cross Examination of Experts
While this article is written from the perspective of the criminal defense attorney, much of the material can be applied toward the cross of expert witnesses in civil matters.
Click Here
|
|
|
Where's Waldo...eh, I mean Richard?
|
|
|
|
|
In honor of the recent new OSHA regulations regarding workplace fall protection, I offer a game. Which one of these work sites contains your Editor's image? Send you answers or witty comments by
Clicking Here!
Have a great September!!!
|
|
I have the privilege to work with many great forensic experts in the United States, Asia and Europe in the fields of Accident Reconstruction, Electrical Failures, Mechanical Failures just to name a few disciplines. Please allow me to refer to you one of these
court tested
experts for your next insurance claim or legal matter. There is no charge to you. I do not get a finders fee from anyone. This is my way of helping. Plus, I can help my Forensic Engineering colleagues. Please
email me or call 404.395.7441.
Note:
No warranties, expressed or implied, are made to the suitability of any expert referred to you. Do your homework to make sure you have the right expert.
|
|
Richard A. Rice, PE is President and Forensic Engineer for Mutual Engineering, Inc. - MEI. Because of 30 years of continuous civil/structural design services, and his early and continued exposure to his friends and families many construction businesses, Mr. Rice is uniquely qualified to provide Civil/Structural Forensic Engineering services to the insurance, legal, and construction industries. Services include building design and construction, roadway design and construction, building inspection and code compliance, building/foundation collapse, construction site incidents, and other property loss subjects. Mr. Rice is a licensed professional engineer in several states, and a Fellow and Board Certified Diplomate of the National Academy of Forensic Engineers (NAFE).
Mr. Rice has written a novel and numerous technical articles published in professional journals for NAFE, the National Association of Subrogation Professionals (NASP), and the Georgia Defense Lawyer Association (GDLA). Please call/email Mr. Rice or visit his company's webpage:
Richard A. Rice, PE
Mutual Engineering, Inc. - MEI(Office): 770.210.6644
(Mobile): 404.395.7441
|
|
|
Dr. Christine Jesup was a respected and loved obstetrician in the Low Country of South Carolina. Everything was good until tragedy struck. The ambulance carrying Dr. Jesup and her pregnant patient crashed on a defectively constructed road. Attorney Cephas Hampton, along with his forensic engineering expert, fight a corrupt road builder and an incredulous insurance company in an effort to help Dr. Jesup...to be made whole again.
"...to be made whole again"
is
available now in paperback or for your Kindle device. Please
Click Here for your copy.
Amazon Book Reviews:
Anthony -
"I really like this book, it's a forensic , court drama. They need to write a screen play and do a mini series."
Bruce W. -
"Nice short read and very interesting. I really enjoyed it but I work in
this type of field and so it was familiar to me. The book provides
adequate detail to the players but it is not so overdone that it drags on.
Definitely worth the money - it is a bargain at that price!"
Dr
. McMillian -
"This book will grab your attention on the first page. It is a
spellbinder and will keep you reading all night if you let it. I am
looking forward to the author's next book with great
anticipation."
Angela B. -
"Interesting Read"
|
|
|
|
|
|
|
