Expert Witness Blog

Trucking expert witnesses may write reports and testify on trucking and transportation rules and regulations, including federal motor carrier safety regulations. The Federal Motor Carrier Safety Administration reopened its hours-of-service proposed rule to public comments in order to allow review of four new studies.

FMCSA did not immediately say how long it would extend the comment period, but the agency is under a court-ordered deadline to post a final rule by July 26. The previous HOS comment period ended March 4. The four studies are related to driver fatigue, FMCSA said in a statement Friday. The agency posted links to the studies on its website.

American Trucking Associations, which has challenged the proposed rule, said that because of “serious questions about the research and data used by FMCSA to justify its proposed changes to the regulations, the agency may have determined it could not move forward with development of a final rule.”

Read more: ttnews.com.

In What the Defendant Can Do Wrong, security management and risk management expert witness Ira Somerson, BCFE, CPP, CSC, writes on organizing security functions.

Senior management of most organizations believe that a security function is purely a cost center and does not produce any “net present value” to their organization. For this reason, discovery and investigation will very likely reveal that security departments and/or functions are routinely downsized or eliminated exposing their organization to serious threats. Their objective is economy, but the very opposite will often occur. “The responsibilities of security directors are evolving from “locks, bolts, and badges” (Felson, 1988) and perimeter protection to a more sophisticated involvement in organizational management. Confronted with novel, complex security exposures and attendant risks, traditional security functions are becoming only a part of the larger overall responsibilities of security directors. Given this evolution, the motivating problem of this paper is: What is the best approach to managing the growing complexity of corporate security threats so as to provide minimal security losses, for a particular level of investment in security? This paper argues that to provide an optimum level of security service to the organization not only must the security department be repositioned within the modern corporate but that its management required the development of a new paradigm of organizing security functions. The approach taken here to developing such a paradigm focuses on demonstrating the weaknesses of a cost center management approach, which is considered representative of existing security management practices, and on advocating the strengths of moving toward a profit center management approach…”

Tree expert witnesses may write reports and opine on tree pruning, the safety of nearby trees, and tree removal, among other topics. The Tree Care Industry Association reports that winter storms with high winds, ice and snow, put tremendous pressures on trees growing near houses or power lines. In their wake, property owners face the task of clearing trees and downed limbs. TCIA offers these safety tips to help avoid personal injury or damage to property during storm clean-up.

If a utility line is down:

Do not approach. Assume any downed line is energized.

Silicone products expert witnesses may testify on sealants, intravenous tubes, microchips, paint, ultraviolet resistant sun lotion, and more. The Silicone Industry Association of Japan describes silicones as having “an exceptional breadth of chemical and physical qualities, making them the material of choice for industries ranging from aviation to textiles.

Silicones are astonishingly versatile because adding different molecules and compounds to the core molecular structure will enhance or modify the silicone properties. The result is a readily adaptable material that can be manufactured in more than 2,000 different forms such as solids, liquids, oils, greases, semi-viscous pastes, antifoams, impregnating agents, release agents, silicone rubber and more.

Read more: siaj.

Hospital governance expert witnesses may write reports and opine on hospital regulations, physician credentialing, hospital administration, and related topics. The MHA Health Careers Center describes the responsibilities of health care administrators and hospital governance professionals.

Health care administrators are often called on to maintain and develop professional standards, procedures, and policies for various institutional activities. They are also responsible for developing and expanding programs for scientific research, preventive medicine, medical and vocational rehabilitation, and community health and welfare. To be successful as a health care administrator, an individual needs to have good leadership and managerial skills. They should also be well organized, have good written and oral communication skills, and be attentive to detail.

Read more: mshealthcareers.com.

Arborist expert witnesses may provide reports on certified arborists, diagnosis and treatment of tree diseases, and related topics.

Diagnosing tree problems requires a combination of knowledge, experience and keen observation. Most often it is not simply a case of identifying an insect or disease. Trees that die or decline usually are suffering from a combination of stress factors and insects or diseases are often secondary, attacking the weakened tree.

Read more: thearbordoc.com.

Health care administration expert witnesses may write reports and opine on hospital regulations, physician credentialing, hospital administration, and related topics. The MHA Health Careers Center describes the responsibilities of health care administrators.

Health care administrators, or health services administrators, have varying roles and functions depending on the size of the facility they oversee. Generally, health care administrators plan, coordinate, and supervise the functions of health care facilities and the staff that work there. There are two types of administrators, generalists and specialists. Generalists are individuals who are responsible for managing or helping to manage an entire facility. Specialists are individuals who are responsible for the efficient operations of a specific department such as policy analysis, finance, accounting, budgeting, human resources, or marketing.

Read more: mshealthcareers.com.

Marketing research expert witnesses may write reports and testify on market studies, market defense, marketing channels, marketing effectiveness, and related topics. The American Marketing Association is the professional association for individuals and organizations who are leading the practice, teaching, and development of marketing worldwide. The AMA website offers a dictionary which includes the definition of Marketing Research:

Marketing research is the function that links the consumer, customer, and public to the marketer through information–information used to identify and define marketing opportunities and problems; generate, refine, and evaluate marketing actions; monitor marketing performance; and improve understanding of marketing as a process. Marketing research specifies the information required to address these issues, designs the method for collecting information, manages and implements the data collection process, analyzes the results, and communicates the findings and their implications.

Read more: marketingpower.com.

Silicone coating expert witnesses may write reports and opine on products including nonstick cookware and nonstick bakeware. The Cookware Manufacturers Association warns that:

Nonstick coatings applied to noncommercial housewares for use in homes and restaurants to prepare, dispense, or serve foods are exempt from the Food and Drug Administration’s food additive regulation under what is commonly referred to as the “housewares exemption.” There is one exception: The FDA will take immediate action to protect the public’s health if the nonstick coating is found to adulterate food with unsafe substances.

Read more: cookware.org.

Health administration expert witnesses may write reports and opine on hospital regulations, physician credentialing, Certificates of Need, and more.

The Certificate of Need (CON) program is a regulatory process that requires certain health care providers to obtain state approval before offering certain new or expanded services. For example, a certificate of need would be required if a hospital wishes to establish a comprehensive medical rehabilitation program.

The CON process is intended to help ensure that new services proposed by health care providers are needed for quality patient care within a particular region or community.