Construction Safety Extends Beyond the Actual Jobsite

Construction Safety Extends Beyond the Actual Jobsite

By: Richard E. Daniels, P.E.

A pedestrian was severely injured when he was crossing a street at an intersection, within a marked crosswalk and during a green traffic signal, when he was struck by a dump truck that was making a left turn.  The truck driver was transporting crushed stone between two construction sites, Site 1 and Site 2.  The matter was settled for more than $17,000,000 against the construction site participants for failure to properly vet the truck driver, including failure to ensure that he had a valid driver’s license, a reasonably safe and inspected truck, and appropriate insurance.  I prepared the Plaintiff’s liability report in this matter for Attorneys Scott A. Parsons and Alexandra Loprete of O’Connor, Parsons, Lane & Noble.

The parties to the litigation were the following:

Construction Site 1

The owner/developer contracted a general contractor.  Their agreement required the following:

  • The general contractor was required to submit to the architect and the owner for approval the names of all subcontractors they proposed to use on the project.  Contracts between the general contractor and subcontractors were not allowed to be awarded without their approval.
  • The general contractor was fully responsible to the owner for the acts and omissions of its subcontractors and all persons either directly or indirectly employed by such subcontractors.
  • The general contractor was responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the contract.

The general contractor subcontracted a project manager by an oral contract.

  • The project manager testified that they were responsible to know which subcontractors and sub-subcontractors had been (or had not been) vetted and were authorized (or not authorized) admittance to the Site 1.

The general contractor contracted a site subcontractor.  Their agreement required the following:

  • The site subcontractor was responsible to take reasonable safety precautions for performance of their subcontracted work and to comply with applicable safety measures and with applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons or property.
  • The site subcontractor was not allowed to assign or subcontract their work without the written consent of the general contractor.

The site subcontractor subcontracted the truck driver to haul excess crushed stone from Site 1 to Site 2.  They had an oral contract.

  • The truck driver owned his truck and was an independent contractor.
  • The name of the truck driver’s company was displayed on his dump truck.

Construction Site 2

The owner/developer/general contractor was the same entity as the project manager for Site 1; they subcontracted the same site subcontractor that was working at Site 1, but by an oral contract.

The truck driver was delivering the crushed stone from Site 1 to Site 2.

Consistent with engineering and construction practice, at Site 2:

  • The general contractor was responsible for overall safety of the workers and was responsible to ensure that safe-performing subcontractors were hired to facilitate safe work.
  • The site subcontractor was responsible to ensure that safe-performing subcontractors were hired to facilitate safe work.

Construction Practice

Construction work is planned, and planning is an ongoing process throughout the duration of work.

Parties engaging construction services, buyers, should evaluate their prospective contractors’ safety performance.  Buyers who take active steps to select safe contractors and to monitor construction safety had fewer accidents on their projects than did less involved buyers in similar industries. 

Safety on the jobsite is the critical responsibility of the owner, although the owner often delegates this responsibility to the general contractor.

On projects that include a professional construction manager, the construction manager’s duties include supervising the selection of subcontractors.

The general contractor has overall responsibility to manage and supervise the construction work, coordinate construction activities including subcontractor participation, and manage job site safety.

While the most assessed aspect of construction site safety is safety of workers on the construction site and compliance with OSHA regulations, the construction project participants are also responsible to take appropriate actions to protect the Public.

The Truck Driver’s Record

The 18-year driving record of the truck driver indicated that he had received thirty-five (35) citations for various violations.  One (1) citation was dismissed.  Relative to this incident, he received an additional fifteen (15) citations.

According to the State Police Report, numerous deficiencies/violations were identified for the incident dump truck:

  • Twenty-two (22) violations, including loose steering column, excessive weight violation, unregistered vehicle, uninsured vehicle, brakes out of service, clamp or Roto type brake out of adjustment, automatic air brake adjustment system that failed to compensate for wear, wheel fasteners/lug nuts not fully tightened, main leaf spring assembly cracked/welded rear right side.
  • The vehicle weight exceeded the rated 80,000 lbs. gross vehicle weight by approximately 10,000 lbs.

The State Police Report explained, “After careful inspection of the roadway, there were no hazards and/or roadway conditions which may have contributed to the collision.  At the time of the collision, the weather was clear, and the roadway was dry.”

The Failures of the Participants

The vetting of the truck driver was a reasonably and readily achievable safety practice.  Prior to hiring the truck driver, the site subcontractor should have determined his safety qualifications by verifying his credentials, as follows:

  • Require the truck driver to show his driver’s license and to voluntarily report his driving history, including identifying any violations.  At their option, the site subcontractor could have verified this information by requesting this information from the state motor vehicle commission.
  • Require the truck driver to provide his current truck registration and insurance information.  At their option, the site subcontractor could have verified this information by requesting this information from the state motor vehicle commission.
  • Require the truck driver to document current liability, personal injury protection, and uninsured motorist coverage insurance.  These three types of insurance are mandatory in the state.
  • Visually examine the truck driver’s truck specifically for a current inspection sticker and generally for overall condition.

The evidence showed that the truck driver was hired by the site subcontractor without being properly vetted.  None of the above-noted issues were identified before the accident.

None of the higher-tier project participants took any actions to ensure that all subcontractors were properly vetted.  No one requested any documentation as specified in the agreements.

Further, the project manager (Site 1) controlled access to the Construction Site 1 and admitted the truck driver to the site on two occasions for the purpose of removing stone from the site, which was a somewhat unusual construction activity.  They also allowed the truck to leave the site in an overloaded condition.

All project participants failed to comply with engineering practice and/or violated their contractual responsibilities and were a cause of this accident.

Had the sitework subcontractor (Site 1 and Site 2) and/or the general contractor (Site 1) and/or the project manager (Site 1; also owner, developer, general contractor at Site 2) and/or the owner/developer (Site 1) vetted the truck driver, or ensured that he had been properly vetted, it is likely and expected that his service would not have been engaged and this incident and injury to the plaintiff would have been prevented.

At CESI our team of engineers and other professionals is able to evaluate construction safety matters dealing with any number of accidents.  For more information or to discuss a construction safety matter, please contact us at 610-296-2250 or info@ces-experts.com.

Michael G. Bird, Ph.D., DABT, FRSC

Michael G. Bird, Ph.D., holds a Doctorate in Biochemistry, a Masters in Toxicology and a Bachelor Degree in Chemistry/Zoology. He is a Board Certified Toxicologist, Chartered Chemist and Fellow of the Royal Society of Chemistry, and a Diplomat of the American Board of Toxicology. Dr. Bird has over forty years of technical, regulatory, and research experience with companies such as ExxonMobil Biomedical Sciences, Exxon Chemical Company, British Petroleum Company as well as consulting work with Risk Sciences International and the McLaughlin Centre for Population Health Risk Assessment, University of Ottawa.

As a member of the professional staff of Consulting Engineers & Scientists, Inc., Dr. Bird consults with clients in matters involving the evaluation of industrial, commercial, and consumer products and their effect on the human body with respect to toxic properties as well as potency and potential health hazards. Responsibilities include analyzing the toxic effects of and the toxic exposure to chemicals, gases and materials such as alcohol toxicity, carbon monoxide, industrial gases, , solvents, and mycotoxins from molds. This involves the health hazard evaluation of irritants, asphyxiants, anesthetics, hepatoxic agents, hematopoietic system toxins, neurotoxic and nephrotoxic agents, sensitizers, pulmonary toxins, reproductive toxins and carcinogens.

He is an adjunct associate professor at the Ernest Mario School of Pharmacy, Rutgers University, NJ. Dr. Bird has authored over 40 publications and in 2011 was awarded the Achievement Award by the International Society of Regulatory Toxicology and Pharmacology for advancing regulatory science and policy in toxicology.

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Roger L. Boyell, P.E.

Roger L. Boyell, P.E., has a Bachelor of Electrical Engineering degree, Master of Science degree in Applied Science, as well as Masters of Business Administration degree, with over 30 years of experience in the aerospace/defense industry.

Prior to working with Consulting Engineers & Scientists, Inc. Mr. Boyell was employed with Bendix Radio Division in Maryland; Sperry Gyroscope Company in New York; Pennsylvania Research Associates in Pennsylvania; RCA Corporation, Aerospace & Defense Group in New Jersey; and Computer Sciences Corporation, Integrated Systems Division in New Jersey.

At Consulting Engineers & Scientists, Inc. Mr. Boyell has evaluated electrical equipment and appliances which can be responsible for fires and electrical shocks; electrical and electronic controls; electromechanical interlocks for equipment applications including machine guarding. Mr. Boyell also evaluates automotive electronics, electronic security systems, radar/sonar/lidar systems, and wireless telephones, as well as the evaluation of radio transmission, audio and video recording, and electronic circuitry.

Mr. Boyell is licensed as a Professional Engineer in New Jersey and is a Diplomat of the American College of Forensic Engineers and a Fellow of the National Academy of Forensic Engineers.

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Andrés J. Calderón, Ph.D.

Andrés J. Calderón, Ph.D., has a Bachelor of Science degree in Mechanical Engineering and a Master of Science and a Doctor of Philosophy degree in Biomedical Engineering.  He has worked in the fields of biomechanical and biomedical engineering for over 16 years.

Prior to joining the firm, Dr. Calderón was a lecturer and research fellow in the department of Bioengineering and in the Medical School of the University of Pennsylvania (Penn).  While at Penn he taught courses in Engineering Principles of Human Physiology, Biomechanics and Biomaterials as well as other courses in bioengineering.  These courses presented how human physiology reacts biomechanically to forces and stresses caused by external conditions or trauma.  He also did research in the areas of targeted drug delivery and the development of medical testing devices, products and tools.

Dr. Calderón’s research in biomechanics, biomedical devices, and biofluids was done at Purdue University, the University of Michigan, and the University of Pennsylvania Medical School.  His work has been published and featured in peer-reviewed, nationally and internationally, recognized journals and has been presented at national and international conferences.  He is also a member of the Biomedical Engineering Society and American Society of Mechanical Engineers.

At Consulting Engineers & Scientists, Inc., Dr. Calderón has evaluated many cases including the biomechanical evaluation of physical trauma and injury; the dynamic analysis of human motion; and the evaluation of injury resulting from automotive, industrial, constructions, and slip/trip/fall accidents as well as sporting events and amusement rides.  He has also evaluated the safety and adequacy of products, including medical devices and implants.  In addition, he has evaluated vascular conditions (air emboli, clots, tissue damage, etc.) caused by trauma and medical equipment.

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Ronald J. Cohen, P.E. - Vice President

Ronald J. Cohen, P.E., is a Civil Engineer with a Bachelor of Science degree and over forty years of engineering experience.  Mr. Cohen joined the firm in 1994 and has served as its Vice President since 2003.

Prior to joining Consulting Engineers & Scientists, Inc., Mr. Cohen was employed at United Engineers and Constructors, Stearns/Catalytic World Corporation, and BCM Engineers.  At BCM, Mr. Cohen was the Chief Structural Engineer and the Manager of Specialty Engineering.

Mr. Cohen’s design/construction experience includes civil and structural engineering, construction management, residential construction, roofing design/construction/failure, and EIFS.  He worked on municipal, industrial, parking garage, power generation, food processing, and commercial and pharmaceutical projects.  He has design experience in building codes, ADA, means of egress/access, contract document compliance, and in walkway surface safety for dry, wet, and contaminated walking surfaces.

While at Consulting Engineers & Scientists, Inc., Mr. Cohen has evaluated matters concerning slip/trip/fall, premises liability, structural failure, building component failures, construction accidents, and roadway design/accident reconstruction.  Mr. Cohen is a member of the ASTM International and is on Committee F13 for Pedestrian/Walkway Safety and Footwear.  Mr. Cohen is also a member of International Code Council (formerly BOCA), the American Concrete Institute (ACI), and the American Institute of Steel Construction (AISC).

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Richard E. Daniels, P.E.

Richard E. Daniels, P.E., is a Civil Engineer with Bachelor and Master of Science degrees in Civil Engineering and over forty years of engineering experience.

Before joining Consulting Engineers & Scientists, Inc., Mr. Daniels was employed by PECO Energy, United Engineers & Constructors, and design engineering firms.  Mr. Daniels was responsible for civil and structural engineering, design, construction, maintenance, renovation, inspection and evaluation of steel, concrete, masonry, and wood structures.  His projects included new construction, modifications to in-service buildings and equipment, condition surveys, and demolition for commercial buildings, factories, nuclear and fossil power plants, group residential facilities, private homes, schools, parking garages, highways, and bridges.  Mr. Daniels also taught engineering mechanics and soil mechanics and worked in a soils-testing laboratory.  Mr. Daniels has been the design engineer liaison to the construction work force and the owner’s representative, which has enhanced his knowledge of design and construction processes.

At Consulting Engineers & Scientists, Inc., Mr. Daniels evaluates construction accidents and workplace safety, building and structural engineering failures and claims, and premises liability.  In the area of building and structural engineering failures, Mr. Daniels has evaluated total collapses; component failures; foundation settlement; scaffold, shelving and railing collapses; termite damage, and wet basements.  Mr. Daniels’ expertise includes analysis for compliance with codes and standards, including OSHA, ICC (BOCA), ANSI, ASTM, ACI, and AISC.  Mr. Daniels is a member of ASCE, ICC, ACI, AISC, and ASTM, as well as a member of ASTM Committee F-13 for Pedestrian/Walkway Safety and Footwear.

 

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Albert L. de Richemond, P.E.

Albert L. de Richemond, P.E., has a Bachelor and a Master of Science in Engineering Mechanics and over forty years of engineering expertise.

Mr. de Richemond’s prior work experience included the design, operation, maintenance and repair of vacuum equipment and cement plant equipment that included ball mills, roller mills, kilns, gears, fans, and preheaters.  His experience also involved the design, construction and testing of laboratory crusher equipment and the construction and maintenance of a foam cup conveying and manufacturing line.  In addition, he worked for companies in the design, testing, and manufacture of pressure sensors for use in hydraulic and pneumatic systems, HVAC, position sensing, and military applications.

In the forensic field, Mr. de Richemond has evaluated medical/hospital devices and equipment and surgical fires, including oxygen safety and medical gas and vacuum system design and safety.  In addition he evaluated commercial products such as beds, stools, gasoline containers, and compressed gas tanks.

At Consulting Engineers & Scientists, Inc., Mr. de Richemond’s responsibilities include commercial, industrial and agricultural equipment design evaluation, maintenance, guarding, and safety.  He also handles piping, plumbing, valves, pressure vessels; pneumatic and hydraulic systems; sprinkler systems; heating, ventilating, and air conditioning (HVAC); dust collection and vacuum equipment; and power tools.  He evaluates consumer products including chairs, bicycles, toys and exercise equipment; equipment failure analysis; weld evaluations; material reduction handling, and conveying equipment; automatic doors; medical equipment/device analysis; surgical fire investigation; oxygen safety; medical gas and vacuum system design and safety; and Codes and Standards compliance.

Mr. de Richemond is licensed as a Professional Engineer in Pennsylvania.

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Gregg W. Frazier, P.E.

Gregg W. Frazier, P.E. has a Bachelor of Science degree in Civil Engineering and over 33 years of experience in the design, maintenance, and construction of roadways/highways, intersections, pedestrian facilities, bike paths, curb ramps, crosswalks, and parking lots.

Prior to joining Consulting Engineers & Scientists, Inc., Mr. Frazier was employed by the State of Alaska Department of Transportation and other major roadway/highway design and construction engineering firms where he was responsible for highway expansion and pedestrian facility projects.  His accumulative responsibilities also included horizontal and vertical roadway alignments for stopping sight distances, paving, grading, construction management, work zone traffic control, storm water drainage, and roadside safety (guiderail/clear zone).

At Consulting Engineers & Scientists, Inc. his responsibilities include roadway, highway, and interstate accident investigation, which include roadway construction/maintenance, work zones, railroad crossings and intersection accidents; construction disputes; traffic and pedestrian safety; signals; pavement markings; and signage.  Mr. Frazier’s other responsibilities include parking lot design; utility identification and relocation; storm water drainage; soil erosion; and the maintenance/winter maintenance and operation of streets, roadways, highways, sidewalks, parking lots, and intersections including traffic signals.  Additionally, he evaluates slip, trip, and fall accidents; bicycle path and walkway safety; and ADA compliance.

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Michael E. Goldberg, CIH, CSP

Michael E. Goldberg, CIH, CSP, is a Board Certified Industrial Hygienist with a Bachelors of Science Degree in Occupational Environmental Health and Safety and a Masters of Science Degree in Environmental Health and Industrial Hygiene, with over 19 years of experience in Health, Safety, and Industrial Hygiene.

Prior to joining Consulting Engineers & Scientist, Inc., Mr. Goldberg was employed by Philadelphia area universities and health care systems in Environmental Health, Safety and Radiation Departments, and engineering consulting firms specializing in environmental health and safety and industrial hygiene services.  He has extensive expertise in pharmaceutical manufacturing, food processing plants, and healthcare facilities providing indoor air quality, noise exposure, and ventilation system evaluations.  Other experience includes health and safety assessments for United States Air Force bases throughout Europe evaluating aircraft assembly and maintenance operations, as well as assessing automobile and aircraft spray coating operations.  He also provided training on the handling and disposal of hazardous and infectious materials.

At Consulting Engineers & Scientists, Inc. Mr. Goldberg provides the evaluation of health and safety hazards within industrial, commercial, residential and health care facilities.  He has extensive experience with regulatory codes, standards, processes, protocols, and procedures.  His responsibilities include indoor air quality investigations (mold and microbial growth, carbon monoxide, carbon dioxide, chemical hazards, and airborne particulates) and the disposal and handling of chemical, radiological, and biological/infectious materials including their effects on employees and the public.  He also evaluates construction activities, walking surfaces, confined spaces, and personal protective equipment, including respiratory protection uses and limitations, noise exposure, compressed gas cylinder safety, facility plant operations involving lock out tag out and control of energized equipment, machine guarding, and work place engineering controls (ventilation systems).

Mr. Goldberg is a Certified Industrial Hygienist accredited by ANSI (to ISO 17024) which is a globally recognized certification by the International Occupational Hygiene Association (IOHA).

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Debra L. Hufnagel, AFAA

Debra L. Hufnagel, AFAA, is a Certified Personal Fitness Trainer with over 15 years experience in physical fitness training and equipment.

Prior to and concurrently with joining the firm, Ms. Hufnagel is the owner of Fit For Life, a personal fitness training company where she works with individuals and classes in physical fitness. She ongoingly uses treadmills, elliptical trainers, stair climbers, free weights, and stationary pedaling equipment as part of her training regimen and instructs clients on how to use this equipment in a safe environment. In addition, she develops programs for marathon runners and triathletes to reduce overuse injuries.

At Consulting Engineers & Scientists, Inc., Ms. Hufnagel’s responsibilities include the evaluation of personal fitness safety, personal training programs and procedures, exercise programs, training supervision, training and spinning classes. Additional responsibilities include the evaluation of training equipment.

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Melvin R. Kantz, Ph.D.

Melvin R. Kantz, Ph.D., holds both Bachelor and Master degrees in Chemistry. He earned his doctorate in Materials Engineering by researching and publishing on the fracture of fiber reinforced plastics. Dr. Kantz has over thirty years of technical and management experience with companies such as Monsanto, Shell, Congoleum and Ferro. He was the Director of Research and Development at Ferro Advanced Composites in Los Angeles and Technical Director at M.C. Gill Corp. in El Monte.

As a member of the professional staff of Consulting Engineers & Scientists, Inc., he manages the West Coast office and laboratory. Dr. Kantz consults with clients in matters involving chemical and physical hazards, regulatory compliance, labels and warnings, product liability, and failure of non-metallic materials. His typical investigations involve workplace and consumer exposures to chemical and physical hazards, regulatory compliance, labels and warnings, products liability, and intellectual property.

Additional credentials include Master level certification in Hazardous Materials Management (CHMM) and registration by California EPA, Office of Health Hazard Assessment as a Registered Environmental Assessor (REA -1). He is a member of the American Chemical Society. He co-founded and served as the President of the Southern California Chapter of the Academy of Certified Hazardous Materials Managers and he is also a member of the American Society for Testing and Materials (ASTM) Committee F13 for Pedestrian/Walkway Safety and Footwear. Dr. Kantz also teaches elementary, general, and organic Chemistry courses at El Camino College in Torrance, CA, Harbor College in Wilmington, CA and Fullerton College in Fullerton, CA.

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David M. Kenney, A.I.A., NCARB

David M. Kenney, A.I.A., is a Registered Architect with a Bachelor of Architecture degree and over twenty-five years of architectural experience.

Prior to joining the firm, Mr. Kenney was founder and President of DM Kenney Architects with architectural and construction management projects in Pennsylvania and New Jersey. Mr. Kenney was responsible for all aspects of architectural design and construction, including site design and development; building programming and schematic design; building and zoning code research and interpretation; product analysis, research, and implementation; construction contracts, documentation, and administration; and liaison with code officials, clients, and consultants.

He has worked on a wide range of project types including single and multifamily residences; small and large scale commercial and retail buildings; large institutional projects such as hospitals and schools; industrial projects including warehouse facilities and aircraft hangars; and large residential and resort communities including elderly continuing care facilities.

At Consulting Engineers & Scientists, Inc., Mr. Kenney’s responsibilities include building and site evaluations, codes and standards review, premises liability, slip/trip/fall evaluations, construction safety, ADA evaluations, and construction and design claims. Mr. Kenney is also responsible for evaluation of codes, standards, and regulations compliance including ADA, OSHA, ANSI, ASTM, CABO, BOCA, ICC, and NFPA. Additional responsibilities include design and construction contract evaluations, including drawings, specifications, and schedules.

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Paul Kirsch

Paul Kirsch has a Bachelor of Science degree in Food Science with over thirty years of food processing, testing, and quality control experience.

Prior to joining the firm, Mr. Kirsch taught Biology in the school districts for Philadelphia and New Jersey. He served as Manager of Quality Assurance and Research in the development departments for Prince Famous Foods of New Jersey, Laboratory Manager/Chief Chemist for Whitman’s Chocolates Division of Pet Incorporated, and Manager of Quality Control at Puratos Corporation. In these positions, he was responsible for matters involving food safety issues, laboratory analyses, processing defects, Good Manufacturing Practices (GMP), and developing and implementing Hazard Analysis Critical Control Points (HACCP) programs. He also was responsible for sanitation and safety audits of the food processing equipment and the workplace environment.

While at Consulting Engineers & Scientists, Inc., Mr. Kirsch has investigated food poisoning incidents and hot food burn injuries. He has tested for food product quality and has inspected numerous food processing facilities including several restaurant chains. He brings to our firm a vast knowledge of food product manufacturing, quality control procedures, and FDA compliance.

He is presently the laboratory committee chairperson of the Philadelphia Section of the Central Atlantic States Association of Food and Drug Officials. He is an active member of the American Society for Testing and Materials, the American Society for Quality, and the Institute of Food Technologists.

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Joseph M. McCarey, C.F.P.S.

Joseph M. McCarey, C.F.P.S., is a certified fire protection specialist with over forty-five years of experience. Mr. McCarey has an extensive history in both fire fighting and determining the origin and cause of a fire. He has held every civil service position up to the Assistant Fire Chief of Fire Fighting Forces in the Philadelphia Fire Department where he was employed from 1956 through 1980. His varied responsibilities included fire fighting, determining the cause and origin of fires, and conducting fire investigations occurring within the scheduled tour of his duty. In addition to his field experience in fire fighting, he has expertise in the organization and management of fire fighting personnel for both private and public organizations.

Subsequent to his experience in the Philadelphia Fire Department, he was Director of Fire Services for the Philadelphia Naval Base and was responsible for the administration of the Fire Service Division servicing the base and naval regional medical center. 

Thereafter, Mr. McCarey was employed by the Federal Emergency Management Agency (FEMA) as the Branch Chief of Technological Hazards in Region 3. While there, he managed the Radiological Emergency Preparedness, Hazardous Materials, Hurricane Preparedness, Dam Safety, Earthquake Preparedness, and the Chemical Stockpile Disposal Programs.

At Consulting Engineers & Scientists, Inc., Mr. McCarey’s responsibilities include determining the cause and origin of fires, general fire investigation, the evaluation of fire progression, the operation and technology of fire fighting techniques, and the organization and operation of fire fighting agencies on land and in maritime environments.

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Richard C. Moakes, CEng

Mr. Moakes has a degree in Production Engineering from the University of Wales Institute of Science and Technology in the United Kingdom, and has more than thirty-five years of experience as an engineer.  He has been employed by Consulting Engineers & Scientist, Inc. since 1997 where his responsibilities include vehicular accident reconstruction (automobiles, trucks, buses) airbag analysis, material handling, workplace layout, machine guarding, and industrial lift truck evaluation.  He has evaluated accidents involving vehicles, pedestrians, and motorcycles.  His experience also includes investigating matters concerning golf carts, all-terrain vehicles, watercraft, and power and telecommunication cables.

Mr. Moakes also has over thirteen years of experience in manufacturing processes, workplace and factory design, as well as factory start-ups both in the United States and overseas.  In particular, Mr. Moakes was involved in the development and manufacture of optical fiber communication cables and now provides engineering evaluation regarding fiber optics, and copper wire and cable technology.

Prior to working at Consulting Engineers & Scientist, Inc., Mr. Moakes was a senior engineer at a leading worldwide manufacturer and supplier of airbag systems to the automotive industry.  His employment involved research and development programs for electronic crash sensors, airbag inflators, and smart airbag systems.  Additionally, his development work resulted in patents being filed in his name.

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Karl E. Schreiter, Jr., P.E.

Karl E. Schreiter, Jr., P.E. has a Bachelor of Science degree in Physics and a Master of Science degree in Water Resource Engineering. He has over twenty years of experience in the water and wastewater treatment industry which includes many aspects of both water and wastewater treatment.

Mr. Schreiter was employed at John G. Ruetter Associates and BCM Engineers where he was responsible for water and wastewater facility planning, industrial pretreatment management, facility permitting, and facility operations. Mr. Schreiter currently serves as the Engineer for a municipal authority.

At Consulting Engineers & Scientists, Inc., Mr. Schreiter evaluates matters concerning water and wastewater treatment systems. These issues include review of existing on-site wastewater treatment systems, water and wastewater treatment plant operations, and water quality issues associated with operation of public swimming pools. Currently, Mr. Schreiter is an assistant adjunct professor at Drexel University teaching water and wastewater treatment engineering review courses.

Mr. Schreiter is licensed as a Professional Engineer in Pennsylvania and New Jersey.

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Paul D. Doyle

Paul D. Doyle is a Mechanical Engineer with a Bachelor of Science degree in Mechanical Engineering, a Master of Science in Management, and more than 30 years of engineering experience.

He worked in the automotive industry designing, building, and programming production machines for more than two decades. This work included machines for welding lines, transmission testing, fuel injectors, wheel balancing, and fluid fill. His experience encompasses designing and building machine guarding as well as the use of electronic safety devices for industrial machinery.

Most recently Mr. Doyle was the Technical Trainer at ifm efector, inc., a leading manufacturer of industrial sensors and controls. His responsibilities included training employees and customers in sensor technology as well as common manufacturing processes.

At CESI his focus is on Accident Reconstruction. He evaluates accidents involving automobiles, motorcycles, bicycles, pedestrians, and buses as well as accidents caused by mechanical failures.  Additionally, Mr. Doyle investigates Industrial Accidents involving Machine Guarding, Motor Drives, and Instrumentation and Controls.  Having been involved in the development, troubleshooting, and commissioning of new products for several years, Mr. Doyle also investigates Product Liability cases.

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Paul A. Tutton, P.E.

Paul A. Tutton, P.E. has a Bachelor of Science degree in Engineering, a Master of Science degree in Mechanical Engineering and Applied Mechanics with over 35 years of engineering experience.

Prior to joining our firm, Mr. Tutton was employed as an independent consultant for the nuclear power generation industry where he was responsible for the design of piping, pneumatic, hydraulic and mechanical systems, and equipment coolers. Prior to that time, Mr. Tutton was employed by URS Corporation where he was responsible for mechanical system design, pumping stations, pipelines, and HVAC. His most extensive experience was in the power industry at PECO Energy where he was responsible for the design and construction of mechanical and piping systems, pressure vessels, and the failure analysis of components and systems. In addition, he evaluated pump motors, fans, compressors and diesel engines.

At Consulting Engineers & Scientists, Inc., Mr. Tutton’s responsibilities include the evaluation of piping and pressure vessel design, including nuclear applications, and codes and standards compliance. In addition, he will also be evaluating matters concerned with toys, bicycles, exercise equipment, pneumatic and hydraulic systems, machine design, machine guarding, HVAC design and equipment, and elevator/escalator mechanical operation. Mr. Tutton also has expertise in fracture mechanics and failure analysis, stress and finite element analysis, and dynamics and vibration analysis.

Mr. Tutton is licensed as a Professional Engineer in Pennsylvania.

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Warren Lieberman, M.S.

Warren Lieberman has a Bachelor of Science degree in Metallurgical Engineering, and a Master of Science degree in Engineering Science with over forty-five years of engineering and management experience.

Before joining the firm, Mr. Lieberman was employed for thirty-four years by the Boeing Company where he was responsible for metallurgical support of design, failure analysis, and accident investigation. He has also held management positions in engineering, manufacturing, and program management.

Mr. Lieberman also worked for Curtiss-Wright and United Technology as a metallurgical engineer, responsible for engineering support of manufacturing, design, and sub-contractors. In addition, he was responsible for development and testing of materials for specialty applications and conformance to specifications and standards.

At Consulting Engineers & Scientists, Inc., Mr. Lieberman has evaluated many matters involving product suitability in the aircraft, marine, railroad, automotive, and industrial arenas. He has extensive experience in workplace safety, machine guarding, systems failure analysis, metals and composites failure analysis, as well as accident investigation.

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Paul J. Boerner, CFI, CFEI

Mr. Boerner is a Certified Fire Investigator (CFI) and a Certified Fire & Explosive Investigator (CFEI) and is court certified as an expert in Fire Investigation in Pennsylvania, New Jersey, New York, and Delaware.  He is also a Licensed Private Investigator in the state of New Jersey.  He has been investigating various types of fires since 1986, when he started the Glassboro, NJ Police/Fire Investigation Unit.  Mr. Boerner.  He has investigated over 1,800 fires in 13 different states and the District of Columbia.  He has recently retired as a Detective Lieutenant from the Glassboro, NJ Police Department after 31 years in law enforcement.

While in law enforcement he was responsible for areas such as the detective division, assigning cases and schedules, tactical operations, asset forfeitures, and internal affairs cases.  In addition, he has served as the liaison with the Gloucester County Prosecutors Office and other law enforcement agencies such as the FBI.  His fire investigations included room and contents, single family dwellings, multi-occupancy dwellings, large loss, loss of life, natural gas explosions, solar, motor vehicle, recreational vehicle, truck, heavy equipment, and natural gas bus fires. 

Working with Consulting Engineers & Scientists, Inc., Mr. Boerner serves as an expert in the areas relating to fire such origin and cause, fire progression, arson, electrical fires, and vehicle and product fires.  He also serves as an expert in areas of law enforcement such as use of force, weapons procedures, workplace violence, security systems, crisis intervention, and the K-9 Unit.

Mr. Boerner has attended over 90 various training courses and seminars in the United States and Canada, most involving an aspect of fire.  He has been an instructor at multiple fire academies within the state of New Jersey and has spoken on subjects such as Origin & Cause of Fire, Spoliation of Evidence, and Overall Fire Investigation.

Mr. Boerner is a member of the New Jersey Chapter, International Association of Arson Investigators (NJIAAI), and has been a member since 1999.  As a member he has served on the board as Director, President, and once again is serving as, Vice President.  He has coordinated the NJIAA I Basic Fire Investigation class for the last six years and has also been the Conference Chairman, in Atlantic City, since 2004.

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Joseph F. Martin, Jr.

Joseph F. Martin, Jr. has over 34 of experience in law enforcement, corrections, training and security.  With a Bachelor’s of Science degree in education, certification by the New Jersey Police Training Commission as a Range Master, New Jersey Department of Personnel as a Training Officer, and the States of New Jersey and Delaware as a Security Officer Registration Act (SORA) instructor, Mr. Martin brings unique expertise and hands on experience to his reports and evaluations of Safe Firearms Use, Range Safety, Correctional facilities, and all levels of Corporate Security.

Before joining Consulting Engineers & Scientist, Inc., Mr. Martin was employed by various companies which provide licensed armed security guards and corporate training for security and retailers, and was employed by PSEG Nuclear, Lockheed Martin, Sunoco Logistics, and the Gloucester County Sheriff’s Office and Correctional facility.  Having completed nine different Law Enforcement Armorers courses in handguns, shotguns, and rifles, he has an extensive background in Law Enforcement Use of Force and Firearm Evaluations and Repairs.

In addition to holding numerous certifications and having years of applicable on the job experience, as an avid outdoorsman, hunter, and recreational shooter Mr. Martin provides knowledge of indoor and outdoor, public and private ranges and the safety issues which impact these facilities.  He also evaluates commercial or private use of lands and fields for shooting and hunting, indoor range air quality, and outdoor environmental issues.

Mr. Martin also provides evaluations of Correction Facilities in areas such as correctional procedures, training, and physical plant operations to determine if correctional administrators are operating their facilities in a constitutionally acceptable manner in order to accomplish facility and inmate safety along with successful reintegration and rehabilitation of the offender.

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Joseph T. Potterton

Joseph T. Potterton has been the Operations Manager responsible for the training and education of 140 Security Officers and thousands of health care professionals employed at a large inner-city hospital in Philadelphia since 1992. He has over 25 years of experience in the areas of physical security, access control, training, policy development, and Joint Commission on Accreditation of Healthcare Organizations (JCAHO) environment of care requirements.

Mr. Potterton is a Certified Instructor in OCAT(R) (Pepper Spray), Practical and Tactical Handcuffing (PATH™), Personal Protection Consultant’s Expandable Baton Program, Active Shooter Response, Crisis Prevention Institute, Management of Aggressive Behavior (MOAB), Handle with Care, Verbal Defense & Influence, Point of Impact Crisis Intervention, and Defensive Tactics.  He is also a Certified Trainer for the American Heart Association in the discipline of Basic Life Support (CPR/AED).

His affiliations include the American Society for Industrial Security (ASIS), the International Association for Health care Security and Safety (IAHSS), the International Law Enforcement Educators and Trainers Association (ILEETA), the American Heart Association, and serving as a national advisor for the Vistelar Group (a global conflict prevention and management solutions provider).

Joe is an avid sailor and has sailed most of his life on everything from a sunfish to a Morgan 45 for offshore racing.  His other vice is fitness.  He was the 1991 Mr. Philadelphia bodybuilding champion and continues to train and mentor young athletes.

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Blake J. Pantuck, P.E., PMP

Blake J. Pantuck, P.E., PMP, has Bachelor and Master of Science degrees in Civil Engineering and over 12 years of experience in Project Management and Civil/Structural Engineering.

Prior to joining Consulting Engineers & Scientists, Inc., Mr. Pantuck was employed as a Project Manager at Linde Engineering North America in Blue Bell, Pennsylvania, and as a Project Engineer and Senior Civil/Structural Engineer at Chicago Bridge & Iron (CB&I) in Beaumont, Texas.

At Linde, he was responsible for engineering, procurement, and construction on petrochemical projects located in North America, Asia, and the Middle East.  His responsibilities included construction methods and sequencing, project safety, code compliance, boiler and piping certification, troubleshooting static and rotating equipment, and plant commissioning and start-up.

At CBI, Mr. Pantuck designed bridges, buildings, foundations, storage tanks, lifting and rigging plans.  He also served as Project Engineer for West Coast operations on select projects.  His experience included non-destructive examination (NDE) of welds and storage tanks, qualification of welders in the boilermaker trade, and responsibility for safety related to trenching, ladders, excavations, scaffold systems, and heavy equipment operation.

Prior to his engineering design and construction experience, Mr. Pantuck worked in the construction industry on a seasonal basis as a laborer performing rehabilitations of residential and commercial buildings for general contractors in the Boston and Philadelphia areas.

At Consulting Engineers & Scientists, Inc., Mr. Pantuck evaluates construction accidents and claims, building failures, and walkway and premises liability matters including slips, trips, and falls.  Additionally, he evaluates fall protection systems, scaffolds, shoring, roofs, platforms, and erection and demolition activities for residential, commercial, and industrial matters.  Mr. Pantuck also analyzes steel, concrete, masonry, and wood structures for compliance with relevant codes and standards including OSHA, ICC (IBC, IPMC, IRC, IEBC), AISC, ASCE, and ACI.

Mr. Pantuck is licensed as a Professional Engineer in Pennsylvania, New Jersey, and Texas.

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Derek T. Jander, P.E.

Derek T. Jander, P.E., has a Bachelor of Science degree in Civil Engineering and over 20 years of experience in the design, maintenance, and construction of roadways/highways, intersections, pedestrian facilities, bike paths, curb ramps, crosswalks, and parking lots.

Prior to joining Consulting Engineers & Scientists, Inc., Mr. Jander was a civil/roadway design lead and project manager at major roadway/highway design and construction engineering firms where he was responsible for detailed design of highway corridors & interchanges, multi-modal transportation facilities, and pedestrian facilities on projects all over the United States and Canada. His in-depth insight includes horizontal and vertical roadway alignments for stopping sight distances, paving, grading, construction management, work zone traffic control, storm water drainage, and roadside safety (guiderail/clear zone).

At Consulting Engineers & Scientists, Inc., Mr. Jander’s responsibilities include roadway, highway, and interstate accident investigation, which include roadway construction/maintenance, work zones, railroad crossings and intersection accidents; construction disputes; traffic and pedestrian safety; signals; pavement markings; and signage. Mr. Jander’s other responsibilities include parking lot design; utility identification and relocation; storm water drainage; soil erosion; and the maintenance/winter maintenance and operation of streets, roadways, highways, sidewalks, parking lots, and intersections, including traffic signals. Additionally, he evaluates slip, trip, and fall accidents; bicycle path and walkway safety; and ADA compliance.

Mr. Jander is a licensed Professional Engineer in Pennsylvania, Delaware, Missouri, Texas, and Colorado.

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Fredric M. Blum

Fredric M. Blum is a Forensic Mechanical Engineer with a Bachelor of Science in Mechanical Engineering and a Master of Business Administration. He has over 40 years of experience in determining the cause and evaluating liability in accidents, failures and fires involving mechanical equipment. His expertise includes incident investigation, failure analysis, incident reconstruction, code and standards compliance and liability assessment.

Mr. Blum has worked on matters including machine accidents and guarding on such equipment as power presses, shears, mills, saws, mixers, etc.; gas, propane and steam explosions; large-scale industrial plant fires, accidents and catastrophic failures; residential, industrial and commercial heating/ventilating/air conditioning system malfunctions for oil, gas and propane systems. He has considerable experience with sprinkler and piping system failures. He has investigated residential and commercial appliance accidents and malfunctions including gas ranges, water heaters, gas-log fireplaces, kerosene heaters, tanks and pressure vessels, snowblowers and exercise equipment.

Mr. Blum’s experience includes matters involving personal injuries, fires, floods, soot contamination, smoke contamination and piping system leaks and freeze-ups. He handles consumer, commercial and industrial incidents.

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Harry J. Dales

Harry J. Dales is a Civil Engineer with a Bachelor of Science degree in Civil Engineering and over 25 years of engineering experience.

Mr. Dales has extensive experience in engineering and construction, including roadways, highways, parking lots, traffic controls, grading, drainage, stormwater management, oil and gas pipelines, utilities, site and building layout, demolition, steel construction, and rigging.  He has worked on municipal, industrial, commercial, power generation, and land development projects.

At Consulting Engineers & Scientists, Inc., Mr. Dales evaluates construction accidents, workplace safety, pedestrian walkway surfaces, roadways, ingress and egress safety, building and structural engineering failures and claims, and premises liability.  He performs failure analysis regarding construction, piping, and structures.  Mr. Dales’ expertise includes determining compliance with codes and standards, such as OSHA, IBC, ADA, ICC (BOCA), ASME, ANSI, ASTM, ACI, and AISC.

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Paul K. Goldberg, P.E. - President

Paul K. Goldberg, P.E., has a Bachelor of Science degree in Metallurgical Engineering with over fifty years of engineering experience.  In 1970, Mr. Goldberg left the industry and went into private practice consulting with attorneys and insurance companies in the fields of failure analysis, machine guarding, and aircraft accident evaluation.  In 1980, he created a corporation that evolved into Consulting Engineers & Scientists, Inc. and today serves as its President and CEO.

Prior to being in private practice, Mr. Goldberg was employed in the aerospace industry where he evaluated components for conformation to specifications and operated the electron microscope to determine the failure characteristics of aircraft components.  In addition, he participated in aircraft accident evaluations and performed technical audits, which included the evaluation of production and machining operations for aerospace suppliers.

At Consulting Engineers & Scientists, Inc. he has performed failure analyses in cases involving bridges, buildings, cranes, and tower collapses and on matters involving aviation, automotive, and marine equipment failures, pressure vessel explosions, chain and cable failures, bicycles, ladders, hand tools, and chair failures as well as medical devices ranging from pedicle screws to bone plates and artificial joints.

Mr. Goldberg has also evaluated numerous industrial accidents concerned with industrial safety and machine guarding in industries such as metal production and fabrication, paper and printing, food processing, and woodworking.  Additionally, he has investigated numerous accidents involving conveyors and material handling systems.

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Paul K. Goldberg, P.E. - President

Paul K. Goldberg, P.E., has a Bachelor of Science degree in Metallurgical Engineering with over fifty years of engineering experience.  In 1970, Mr. Goldberg left the industry and went into private practice consulting with attorneys and insurance companies in the fields of failure analysis, machine guarding, and aircraft accident evaluation.  In 1980, he created a corporation that evolved into Consulting Engineers & Scientists, Inc. and today serves as its President and CEO.

Prior to being in private practice, Mr. Goldberg was employed in the aerospace industry where he evaluated components for conformation to specifications and operated the electron microscope to determine the failure characteristics of aircraft components.  In addition, he participated in aircraft accident evaluations and performed technical audits, which included the evaluation of production and machining operations for aerospace suppliers.

At Consulting Engineers & Scientists, Inc. he has performed failure analyses in cases involving bridges, buildings, cranes, and tower collapses and on matters involving aviation, automotive, and marine equipment failures, pressure vessel explosions, chain and cable failures, bicycles, ladders, hand tools, and chair failures as well as medical devices ranging from pedicle screws to bone plates and artificial joints.

Mr. Goldberg has also evaluated numerous industrial accidents concerned with industrial safety and machine guarding in industries such as metal production and fabrication, paper and printing, food processing, and woodworking.  Additionally, he has investigated numerous accidents involving conveyors and material handling systems.

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