Resolving matters of the workplace.Our multidisciplinary workplace safety group includes engineers, hazardous material management professionals, occupational safety specialists, toxicologists, professional engineers, and certified industrial hygienists. We evaluate complex human health and safety issues including toxic torts and insurance coverage disputes. We are well versed in federal OSHA regulations, state OSHA plan requirements, industry consensus standards, guidelines and best practices affecting workplace safety.
For additional information pertaining to your matter, please visit the relevant workplace safety sub-practice page to the left.
- Agriculture
- Construction
- Industrial
- Vocational Rehabilitation
- Woodworking Tools
- Working From Heights
Please contact our Workplace Safety practice group leader, Ron Schaible, CIH, CSP, to discuss your case and determine which of our experts has the most appropriate skill set for your case. Investigating worker and non-employee matters.Worker’s compensation laws provide compensation and medical care for employees who are injured in the course of their employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer. However, several states allow suits for “intentional” acts. We are experienced in analyzing and providing specific guidance for these “intentional tort” or “deliberate intent” cases. We are also skilled in analyzing multi-employer work site incidents involving visitors and subcontractors to determine the responsibilities of the various parties involved in an incident.
- Furnace Maintenence - Expert Investigates Workplace Burn: $1.5 Million Settlement
A 57-year-old diabetic journeyman pipefitter, was hired to work on the overhaul of an industrial furnace. On the day of his injury, the victim worked approximately 10 hours, spending the better part of the day standing on and off the throat of the furnace in order to replace burners in the refiner. The inside temperature in the throat that day was raised to approximately 2000 degrees. When he went home after work and removed his work boots, he discovered that the soles of his feet had been seriously burned. Industrial Hygienist, Ron Schaible, was retained to determine if the manufacturer created a dangerous condition that contributed to the plaintiff’s injuries. View Full Verdicts \ Settlement HERE
- Conveyor Belt - Expert Investigates Conveyor Belt Injury
A five year old boy was injured by a carousel conveyor in a retail store. He was at the store with his parents when he placed one of his toys on top of a moving conveyor display. His toy fell from the moving conveyor to the floor. The boy bent down to pick up the toy and as he stood up, he raised his hand and it become entrapped and injured within the unguarded moving parts of the conveyor. View Full Case HERE
- Machine Interlock – Expert Opinion Integral in $510,000 Settlement
A butcher was seriously injured at work. The victim was standing between filling and canning machines, loading stacks of lids, when his supervisor asked him to hand over a tool; when the butcher reached over and between the two machines his jacket got caught on the rotating power take-off shaft, resulting in multiple fractures to his right arm.
Robson Forensic expert, Bart Eckhardt, P.E., opined that the machine manufacturer failed to provide an interlock for the power take-off shaft guard and that the manufacturer failed to ensure the power take-off shaft guard was with the machine when the equipment was resold to the plaintiff’s employer. The absence of a shaft guard exposed the plaintiff to an unreasonable hazard and was a cause of his injury.
The case settled for $510,000 in mediation. View Full Verdicts \ Settlement HERE
- Trailer Unloading - Expert Investigates Construction Site Injury
A construction worker was knocked off a trailer and injured when he was assisting a co-worker unloading pipe from a flat bed trailer.
The opposing expert opined that a dangerous condition existed and that the injured worker was intentionally exposed to that condition. After reviewing depositions, appropriate standards and regulations, and a report by the opposing expert, our expert was able to show that the incident was caused by an inadvertent and unintentional action of a backhoe operator that occurred without any notice. There was no dangerous condition to which the worker was exposed. Our expert was able to show the incident was caused by the backhoe operator failing to stop the hoisting action when the slack had been removed from the load sling. Instead of just removing the slack, the load line was over-tensioned and the load was lifted prematurely before the worker could move out of the path of the load. The unexpected and premature load movement knocked the worker off the truck bed and injured him.
The case resolved favorably. The injured worker obtained a small settlement and the contractor avoided being saddled with an intentional tort action. The settlement was based upon the report prepared by our expert and his strong deposition. View Full Case HERE
- Demolition Injury - Expert Investigates Fall through Concrete Deck
A construction worker was injured when he fell through a weakened portion of concrete deck that had been partially demolished via a piece of hydro-demolition equipment.
After reviewing depositions, photographs, appropriate standards and regulations, and a report by an engineering consultant, our expert was able to show the general contractor and the prime subcontractor both failed to exercise reasonable care for the work being performed, specifically that the hydro-demolition subcontractor changed nozzle settings on the equipment. The changed settings caused excessive amounts of concrete to be removed and permitted the demolition work to be performed quicker. The change in nozzle setting by the subcontractor and the failure of the general contractor to control its subcontractor resulted in the dangerous conditions that caused the worker’s incident and injuries.
The case resolved favorably for the injured worker with both the general contractor and demolition subcontractor settling based on the report prepared by our expert. View Full Case HERE
- Mercury Poisoning - Expert Investigates Exposure at Manufacturing Facility
Workers in a fluorescent lighting manufacturing facility were exposed to mercury from recycling operations and were injured. Numerous plaintiffs were diagnosed with mercury poisoning. Robson Forensic expert, Ron Schaible, was retained by plaintiffs’ counsel to investigate this incident. View Full Our Work HERE
- Indoor Air Quality - Expert Presentation on Sick Buildings
Ronald D. Schaible, CIH, CSP covered the subject of indoor air quality (including mold) and the various causes, manifestations, health effects, evaluation methods, and selected control measures associated with “sick buildings,” including workplaces. How these issues apply to litigation of personal injury, property damage and worker’s compensation claims, as well as the identification of potentially responsible parties. View Full Speaking Engagement HERE
- Fluorine Gas - Expert Investigates Exposure from Excimer Laser
Ron Schaible investigated an incident where workers in a laser laboratory were injured when they were exposed to toxic fluorine gas from an Excimer laser. The workers were working with the laser in accordance with accepted, standard operating procedures; the root cause of the failure was a broken Brewster window. This failure was investigated by a fractologist (glass expert), who was also a Robson Forensic expert. Ron determined various defective conditions that contributed to the inhalation injury, including failure to provide proper alarms (they were located too far away to notify and facilitate exit before exposure occurred), improper placement of respiratory protection in the event of an emergency (it was located outside of the laboratory), and improper ventilation in that the laser cabinet had local exhaust capabilities but was ineffective when the access panel was legitimately open and the gas escaped directly into the laboratory. Ron performed dose reconstruction calculations for various exposure scenarios, all of which strengthened the “more likely than not” opinion that the worker was overexposed to fluorine gas. View Full Our Work HERE
- Manual Turnout Switch Machine Lever Injury
During inclement winter weather, a railroad employee was struck in the face while operating a
manual turnout switch machine lever. The employee claimed that the railroad’s actions or omissions
created an unreasonably dangerous condition that was the cause of the injury. The railroad alleged
that improper action by the employee was the cause.
We showed that the alleged improper actions of the employee could not have caused the lever to
strike the employee as it did, and that the railroad’s allegation was not supported by any evidence.
We determined that the railroad’s failure to properly maintain the switch machine and its attachments
during the inclement weather created an unreasonably dangerous condition that was a cause of the
employee’s injury and that the railroad’s failure to provide adequate warnings and training with
regard to a stored energy hazard deprived the employee of the information needed to do the job
safely. View Full Case HERE
- Roofer Injured: Fell Through Roof Decking, 20-30 feet, To the Floor Below
A roofer was injured when he fell through a panel of gypsum roof decking at a commercial facility. The scope of the roofers’ project included removal of the existing roofing membrane and installation of a new membrane. On the day of the incident, the plaintiff was carrying two full pails of “glue” across a section of roof that had recently been covered with new insulation; he broke through the insulation and decking and fell 20-30 feet to the floor below.
Our expert showed that the decking collapse occurred because the deteriorated decking, stripped of the existing membrane, was unable to support the reasonable, expected loads. The owner of the building and the director of operations, acting as the design professional and construction administrator on this project, knew or should have known, that areas of gypsum decking were deteriorated and unable to support anticipated loadings. The building owner’s failure to survey the existing roof deck prior to construction and map out areas of known deterioration, as well as have a qualified person inspect the deck during roof stripping operations, exposed the plaintiff and his fellow workers to inadequate structural decking and was a cause of his injury. Our expert substantiated his opinion through use of applicable building codes and roofing standards.
The case settled favorably following the deposition of our expert. View Full Our Work HERE
- Vocational Rehabilitation - Expert Performs Employability Assessment
A 76 year old woman sustained carpal tunnel syndrome as a result of ongoing and repetitive work tasks at her job. Her physical limitations, education, work history and the current job market affected her ability to benefit from retraining to return to work. RFI was retained to perform a vocational rehabilitation assessment and to make determination as to her employability. View Full Our Work HERE
- Epoxy Resin - Expert Investigates Chemical Exposure at Industrial Facility
Plaintiff worked with various epoxy compounds while building aircraft components. Epoxy compounds are known potential sensitizing agents. Plaintiff worked without proper personal protective equipment (gloves) which caused skin irritation and sensitization over a nine month period. Material Safety Data Sheet (MSDS) and other product information from the chemical product manufacturer provided safety information but specific glove selection criteria was not provided. Plaintiff’s exposure to the epoxy materials caused severe skin irritation and sensitization.
RFI was retained by the plaintiff to determine whether the chemical product was defective in a manner that caused plaintiff’s injury, whether the chemical supplier violated applicable standards of care in a manner that caused plaintiff’s injury, and if the employer created a specific unsafe working condition that violated state or federal safety statutes, rules, or regulations in the industry and which created a high risk of serious injury.
RFI analyzed the safety issues of the epoxy chemicals, the adequacy of the safety information provided by the chemical manufacturer, and the actions of plaintiff’s employer regarding the standard of care required for the known specific hazard. The case settled favorably in mediation. View Full Our Work HERE
- Dust Fire - Expert Investigates Flash Fire Involving Oxyacetylene Torch
Ron Schaible investigated an incident involving a flash fire that occurred when combustible dust contacted the flame of an oxyacetylene torch. View Full Verdicts \ Settlement HERE
- High Pressure Sprayer - Expert Investigates Finger Loss from Paint Sprayer
Robson Forensic was retained by plaintiff counsel on a case involving the partial loss of a finger due to high pressure injection of paint/solvent at an employer’s premises. Ron Schaible addressed multiple issues in this matter, including worker training & instruction, lack of use of guards for paint gun nozzles, and warnings. View Full Verdicts \ Settlement HERE
- Worker Trapped in Machine Sustains Crush Injuries, Receives Settlement of 2.2 million
A worker was trapped and suffered crush injuries to his abdomen and internal organs, when attempting to clear a jam in a copper coil stacker. View Full Verdicts \ Settlement HERE
- Robson Forensic Case Reports: Workplace
Our industrial/workplace safety group includes engineers, occupational safety specialists and certified industrial hygienists. View Full Our Work HERE
- DuPont Found Grossly Negligent in 2004 Spill
On Monday, July 13, 2009, the jury hearing the 2004 DuPont Litigation returned a verdict in excess of $1.25 million for plaintiffs, who are but six of the 179 individuals suing E.I. DuPont de Nemours & Company for injuries they sustained as a result of DuPont's October 11, 2004 release of clouds of toxic fuming sulfuric acid from its Wurtland plant over large portions of Greenup County, Kentucky. The remaining 173 plaintiffs' cases will be tried, under the streamlined trial plan developed by the Honorable David L. Bunning, as soon as Octover 2009. View Full Verdicts \ Settlement HERE
- Forensic Ergonomics: An Introduction to Theory and Practice
The field of human factors/ergonomics has grown into countless areas of human-system
interactions, from product and machine design to driver safety and workplace injury
reduction. There is now a large body of well established and empirical research to serve as the
foundation for analyzing personal-injury and property-damage incidents to determine what
happened, why it happened, could it have been safely mitigated, and who was responsible to
ensure it did not happen. As such, human factors/ergonomics scientists and practitioners are
being called upon in greater numbers to assist the courts in determining just outcomes for
litigants. Their analyses and conclusions are being used to establish theories of liability for
assigning corporate and social responsibility as well as defenses to such allegations. View Full Speaking Engagement HERE
- Workplace Ergonomics - Expert Investigates Railroad Worker’s Comp Claim
A railroad worker had surgery for bilateral carpal tunnel syndrome and claimed a repetitive strain injury (RSI) was the cause. He alleged that he had been injured due to ergonomic hazards from the tools, machine and equipment he used, and the work tasks he performed in the course of his employment. View Full Verdicts \ Settlement HERE
- Bromine Exposure - Expert Investigates Chemical Release from Brominator
While at work, a building maintenance contract employee was adding bromine tablets to a brominator when there was a severe chemical reaction. The brominator was part of a water treatment system, which had changes made to its piping system. It was located in the chemical feed injection area of a generator room. The contents of the brominator violently released chemicals when a reaction occurred due to the presence of an incompatible substance in the brominator. The chemicals splashed into the man’s eyes and all over his body. The man, blinded and burned by the chemicals, attempted to make his way to an emergency shower which was in an adjacent building. He stumbled and fell over several obstacles before he finally reached the shower.
Robson Forensic was asked to determine if the sole emergency shower and eyewash was improperly located in a manner that contributed to the severity of the man’s injuries. We were also asked to determine if the actions of the chemical supplier were reasonable. View Full Verdicts \ Settlement HERE
- Machine Guarding The Second Alternative
It is often the tendency in industry to look at a dangerous situation and try to decide what the appropriate machine guarding technique or device should be employed. This practice may produce satisfactory results but it overlooks the first step in the safety hierarchy. View Full Article HERE
- Perception of Risk - Expert Article
This paper presents an overview of what risk is, its relationship to hazards, how it can be assessed and used to make intelligent business decisions, and how risk may be perceived by employers, workers, and those that help decide matters involving litigation – jurors. View Full Article HERE
- Chemical Safety - Expert Investigates Exposure in Chemical Process
“If anything can go wrong, it will do so at the worst possible moment and in the worst possible ways”. Ron Schaible investigated an incident involving a runaway chemical process that was improperly engineered. Coupled with workers who were not properly trained in the hazards of the chemicals and who were not provided with proper engineering controls and proper personal protective equipment, injury was sure to result. This case settled before Ron Schaible was scheduled to be deposed. View Full Our Work HERE
- Robson Forensic Brochure
Robson Forensic has been providing high quality and professional forensic engineering, architectural, scientific and
investigative services throughout the United States since 1987. Robson Forensic provides expertise in a broad range of forensic and technical disciplines. View Full Our Work HERE
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