An Introduction to Industrial Hygiene. Trina Redford Industrial Hygienist National Naval Medical Center. Industrial Hygiene. Industrial Hygiene is defined as:
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The science and art devoted to the anticipation, recognition, evaluation, control, and management of those environmental factors or stresses, arising in or from the workplace, which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among citizens of the community.
To protect the health and well being of employees by eliminating or reducing health hazards that arise from the workplace environment.
The act created:
Every employer is required and obliged to comply with the requirements composed by the act.
OSHA adapts and develops broad standards that apply to all industries.
These may be:
A. Performance Standards which
state the objective to be obtained
or the hazard to be abated.
These standards do not specify the
method of abatement or control.
B. Specification Standards
These describe the specific means of hazard abatement. For example:
(permissible exposure limits)
OSHA inspections are made to determine whether employers comply with OSHA Standards, OSHA Regulations, and the general duty clause. Inspectors can issue citations which result in fines.
Teens between 14 and 15 years old may work only outside school hours and between 7 am. and 7 pm. They are limited to 18 hours of work in a school week and 40 hours (eight hours each day) in a non-school week. Exceptions are made for those who participate in school supervised and administered “work experience” programs.
Youths between ages 16 and 17 are also prohibited from driving motor vehicles or working as outside helpers on motor vehicles as part of their job.
Delivery, residential trash pickup, road maintenance, etc.
Tractors used on farms, backhoes, bulldozers, loaders, etc.
working near overhead power lines, working on roofs, operating boomed vehicles, etc.
Working alone or in small numbers where money is exchanged.
using ladders and scaffolds, working on structures near openings, tree trimmings, etc.
cooking in restaurants, servicing cooking equipment, etc.
working in warehouses, furniture delivery, stocking, etc.
The first law which dealt with the health of workers, as a result of there work was the English Factory Acts of 1833.
These acts required that employers show concern for the health of their employees.
This concern however, was directed toward providing compensation for accidents. The laws did not focus on controlling the causes of these accidents.
These laws lead to what we now have in the U.S. - Worker’s Compensation Acts in each State. These laws are based on their doctrine of exclusivity, which limits the common law remedy that the injured employee can pursue.
In other words, in return for agreeing to forgo other legal remedies, workers are guaranteed a swift and sure payment, which covers loss of wages and medical expenses.
Definition A. - Definition of an Expert:
An expert is “a person who, through education, experience, and/or training, possesses specialized knowledge or skill in a specific field.”
Definition B. - Basis for Use of Experts:
“If scientific, technical or other specialized knowledge will assist the tier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”
A. Several Classes of Experts:
There are several types of experts that an attorney may wish to retain. The first two are usually the type the attorney will retain:
Experts retained or specially employed in anticipation of litigation, not expected to be a witness at trial:
a. Assist in framing and identifying the issues
and identifying strengths and weaknesses of
b. Assist in preparing for examination of
plaintiff’s expert in same area.
c. Assist in identifying other experts for defense
d. Special Qualifications: A trial
expert must possess:
(1). Superior communication
skills,both in listening to
questions and in answering
(2). Ability and willingness to
undergo lengthy pre-testimony
(3). Ability and willingness to make
complex and complicated matters
understandable to a lay jury;
(4). Ability to perform “under fire”, as demonstrated either in previous trial testimony or, perhaps, from
performance at deposition.
Experts retained or specially employed in anticipation of litigation or preparation
for trial but not expected to identify at trial:
a. May assist in framing and identifying
the issues and identifying strengths
and weaknesses of the case
b. May assist in preparing for examination
of plaintiff’s expert in same area
c. May assist in identifying other experts
for defense team
d. May assist in reviewing opposing experts’
opinions, articles, etc.
e. May assist in identifying “technical” issues,
industry regulations, requirements, etc.
f. May assist in developing cross- examination of
opponent’s expert witness(es).
g. May assist by attending that portion of the
trial when opponent’s expert witness in the
same area of expertise is testifying so as to
demonstrate to testifying expert that his/her
testimony is being carefully scrutinized.
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