CATCH IT! ---------------------------THE SEMINAR PRESENTED BY: BERNARD M. TELATOVICH, P.E., J.D. Kenneth Martin CONSULTING SERVICES & INVESTIGATIONS, LLC 758 REDFERN LANE, BETHLEHEM, PA 18017 610-533-9092
S T D CATCH IT! ---------------------------THE SEMINAR PRESENTED BY: BERNARD M. TELATOVICH, P.E., J.D. Kenneth Martin CONSULTING SERVICES & INVESTIGATIONS, LLC 758 REDFERN LANE, BETHLEHEM, PA 18017 610-533-9092
Owner/President - Consulting Services & Investigations, LLC – A forensic engineering firm. Vice President of Engineering - Benchmark - A civil engineering, traffic, and surveying firm. Education: University of Alabama at Birmingham, School of Engineering M. Eng. Candidate 2015 in Advanced Safety Engineering and Management University of Florida, College of Law Juris Doctorate (J.D.), May 1993 Lehigh University B.S . Civil Engineering, June 1985 Louisiana Sate University Certified Occupational Safety Specialist University of Florida Accident Reconstruction and Highway Safety Northwestern University Accident Reconstruction Training University of North Florida (IPTM) Computer Accident Reconstruction /Simulation
Designing out Error Provocative Environments & Liability Issues in Implementing or not Implementing PTD Standards
Introduce the ANSI/ASSE Prevention through Design (c0nsensus) Standard (Z 10) Heinrich’s Safety Theories Hierarchy or Controls Risk Analysis and Risk Assessment Application of PtD in the Workplace Application of PtD in Litigation Related Matters
• “Without changing our patterns of thought, we will not be able to solve the problems we created with our current patterns of thought .” • Albert WHO SAID Einstein THIS?
2008 – NIOSH declared a major initiative to develop and approve a broad, generic voluntary consensus standard on PREVENTION THROUGH DESIGN that is aligned with international design activities and practices.
WEBSITE : www.cdc.gov
Scope: Defines minimum requirements for OHSMS Purpose: Management tool to reduce risks of occupational injury, illnesses and fatalities Application: Organizations of all sizes and types Includes Contractors
IS Z10 the Trojan Horse in Safety?________
ASSE – ANSI Z590 PtD --Generic voluntary consensus standard --American National Standards Institute (ANSI) --Need for an ANSI accredited standards development organization --American Society of Safety Engineers (ASSE)
National Society of Professional Engineers’ Code of Ethics: Engineers shall hold paramount the safety, health, − and welfare of the public − American Society of Civil Engineers’ Code of Ethics: Engineers shall recognize that the lives, safety, − health and welfare of the general public are dependent upon engineering decisions…
1. SAFETY 2. HISTORY 3. WHO is TO BLAME? 4. What did Heinrich Say?
By way of New Matter it is averred: Plaintiffs claims are barred or limited by the applicable Statute of Limitations. Plaintiffs claims are barred or limited by the provisions of the Pa. Comparative Negligence Act, 42 Pa. C.S.A. §7102. Plaintiff assumed the ris k of her alleged injuries. Plaintiff fails to state a claim upon which relief may be granted. Plaintiff's injuries, if any, were not factually caused by any activity or failure to act on the part of answering defendants . Answering defendant was not negligent. Answering defendant breached no duty owed to the plaintiff. Answering defendant had no notice, actual or constructive, of the alleged dangerous and/or defective condition identified in plaintiffs complaint, the existence of which is specifically denied.
The plaintiffs injuries were caused by third parties over whom answering defendant had no control or right of control. Plaintiffs alleged accident could have been avoided had plaintiff taken an alternate route. Plaintiffs claims may be barred and/or limited by a failure to mitigate damages . Plaintiffs claims are due in whole or in part to an act or acts of commission or omission of persons, parties or entities other than Answering Defendant and over whom Answering Defendant had no control or right of control. If answering Defendant owed a duty of care to Plaintiff, said duty was not breached or violated .
PLAINTIFF MAY BE INJURED, BUT THEY CANT SUE US BY LAW! PLAINTIFF WAS IN OUR FACILITY/LOT, BUT ASSUMES THE RISK!
PLAINTIFF FAILED TO STATE A CLAIM UPON WHICH RELIEF CAN BE GIVEN WE DIDN’T CAUSE THE PLAINTIFF’S INJURY IT WAS SOMEONE ELSE.
WE ARE NOT NEGLGENT, WE HAVE NO DUTY TO THIS PERSON HERE. BUT, IF WE HAVE A DUTY, WE DID NOT BREACH OUR DUTY.
WE NEVER-EVER-EVER KNEW THIS WAS A DANGER OR HAZARD! OTHER PEOPLE (3 RD PARTY) CAUSED THE INJURY .
PLAITNTIFF SHOULD NOT HAVE BEEN WALKING IN THIS AREA . BLAME PLANTIFF – THEY DIDN’T MITIGATE THEIR DAMAGES.
PLAINTIFF MAY BE INJURED, BUT THEY CANT SUE US BY LAW! PLAINTIFF WAS IN OUR FACILITY/LOT, BUT ASSUMES THE RISK! PLAINTIFF FAILED TO STATE A CLAIM UPON WHICH RELIEF CAN BE GIVEN WE DIDN’T CAUSE THE PLAINTIFF’S INJURY IT WAS SOMEONE ELSE. WE ARE NOT NEGLGENT, WE HAVE NO DUTY TO THIS PERSON HERE. BUT, IF WE HAVE A DUTY, WE DID NOT BREACH OUR DUTY. WE NEVER-EVER-EVER KNEW THIS WAS A DANGER OR HAZARD! OTHER PEOPLE (3 RD PARTY) CAUSED THE INJURY PLAITNTIFF SHOULD NOT HAVE BEEN WALKING IN THIS AREA. BLAME PLANTIFF – THEY DIDN’T MITIGATE THEIR DAMAGES. Are these the defenses you want to state in your answer and new matter?
ROOT Organizational factors CAUSES Operational factors Cultural factors
Scope, Purpose and Application 1. 2. Definitions Management Leadership and Employee 3. Participation 4. Planning Implementation and Operation 5. 6. Evaluation and Corrective Action 7. Management Review 8. Appendices
1 Major √ THERE IS A FIXED RATIO injury BETWEEN SERIOUS AND 29 Minor LESS SERIOUS INJURIES Injuries √ ALL TYPES/SEVERITIES OF 300 No INJURIES HAVE THE SAME UNDERLYING CAUSE injury accidents √ SAFETY COMMUNITY ADOPTED AND VIEWED INJURY PREVENTION THROUGH THE PARADIGM OF HEINRICH AND HIS SAFETY TRIANGLE. √ Unsafe acts and unsafe conditions √ Reducing the frequency were at the root of all injuries. rate of minor injuries will lead to a corresponding √ You must work at the base of reduction of major injuries. Triangle to prevent injuries.
WAS HEINRICH CORRECT?
WAS HEINRICH CORRECT?
A pioneer in the field of accident prevention, employed by Travelers Insurance Company. Authored “Industrial Accident Prevention, A Scientific Approach”--- in 1931, 1941, 1950, and 1959. Accident Triangle Theory 88% of accidents are human error-blame the worker—train better—warn..etc.
The most persistent of Heinrich’s concepts were: a mathematical relationship exists between the numbers of accidents of similar types and their severity; the most common cause of workplace accidents is unsafe acts of employees; and reducing the overall frequency of workplace injuries will produce an equivalent reduction in the number of severe injuries. These are the basic foundations of many current safety programs such as Behavior Based Safety; Zero Harm (or zero anything) and so forth which are vigorously promoted by consultancies and adopted by firms and safety professionals.
2013 Roger Brauer Lifetime Achievement Award Recipient • Fred A. Manuele, P.E., CSP, is president of Hazards Limited, which he formed after retiring from Marsh & McLennan where he was a managing director and manager of M&M Protection Consultants. His books include Advanced Safety Management: Focusing on Z10 and Serious Injury Prevention, On the Practice of Safety, Innovations in Safety Management: Addressing Career Knowledge Needs, and Heinrich Revisited: Truisms or Myths. A professional member of and former board member of ASSE, NSC and BCSP
• “Don’t blame people for problems caused by the system” Dr. Deming “
FROM HEINRICH TO ANSI Z 10 THE LESSONS LEARNED FROM HEINRICH (TRIANGLE) HAVE BEEN VALUABLE TOOLS TO DRIVE THE IMPROVED HSE CULTURE RESULTING IN GREAT REDUCTIONS IN INJURY RATES. HOWEVER, NEED TO BE AWARE OF LOW FREQUENCY HIGH SEVERITY RISKS…………………………EXAMPLES
FROM HEINRICH TO ANSI LANNY FLOYD UAB EGR 601
Don’t blame people for problems caused by the system. DR. SCOTT GELLER Behavior is an outcome of a number of cultural factors, including work climate, the relevant equipment, the work process and the management system.
ANSI/ASSE Z590.3-2011 : “Addressing occupational safety and health needs in the design and redesign process to prevent or minimize the work related hazards and risks associated with the construction, manufacture, use, maintenance, retrofitting, and disposal of facilities, processes, materials, and equipment.”
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