1. DANESC™ Seminars on Development and Application of the National Electrical Safety Code2. Tutorial on Physical Design of Joint-Use Wood Pole Distribution Lines3. Investigation, Documentation & Civil Litigation of Utility Public Contact Accidents (UPCA Series)4. Investigation, Documentation & OSHA Litigation of Utility Employee & Utility Contractor Employee Accidents (UEA Series)5. Follow-Up Seminar for users of the DANESC™ Videotape Series6. Occupational Safety and Health Administration Regulations
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| 1. |
Appropriate information must be obtained, documented and analyzed properly on a timely basis. | |
| 2. | The litigation team must present evidence and arguments in a manner that can be both fully understood and believed. |
In over 1300 accident investigations, we have seen some of the best and worst investigations, documentations, and litigation preparations imaginable. We started this series in 1990 out of frustration, because we had seen so many instances where (1) incomplete investigations limited the ability of technical experts and trial counsel to adequately analyze and present a case, (2) inadequate understanding of available information by trial counsel resulted in either incomplete or inadequate presentations and arguments in litigation, (3) inadequate understanding of the available information led managers to take the wrong case to trial or appeal the wrong case, or (4) combinations of the above.
Two versions of the UPCA seminars are available: The UPCA-1 Investigation & Documentation series concentrates on investigating and documenting public contact accidents on power and communication utility facilities. Both a one-instructor 2.5 day length and a multiple-instructor 3.5 day length are available in the UPCA-1: Investigation & Documentation series. The UPCA-2 Analysis & Litigation series concentrates on preparing accident information in useful form, analysis and assignment of responsibility for accidents, and accident litigation issues.
The 2.5 day UPCA-1 seminar concentrates on NESC and OSHA requirements, investigation techniques, documentation techniques, and limited analysis techniques often involved in public contact accidents. It uses a case-study approach to help users understand what information to document, how to correctly measure, photograph, and document required information, how to preserve and control evidence, how to recreate accident conditions and clearances using photographs and measurements, how to use injury information to determine placement and actions of the injured, how to present information in usable and understandable terms with appropriate exhibits and reports, how to separate facts from conclusions, and how the information will be used in litigation. Both winning techniques and potential pitfalls are presented. The seminar culminates with a class exercise based upon a real accident. Attendees will be given a small amount of information like that typically available when initially called to an accident site and then split into groups to develop information required from all parties. After presenting the required information to the class, attendee groups are given pertinent information that was available and then analyze that for facts useful for and against the interests of each party.
The 3.5 day UPCA-1 includes all subjects of the 2.5 day program, some of which is given in expanded form, plus discussions of additional accident types, treatment of electrical injuries, required safety signs for utilities and for construction work, and an outdoor exercise in making accurate measurements of clearances and distances in difficult terrain with hand tools.
UPCA-2 is an advanced extension of the UPCA-1 series that uses case studies to emphasize analysis and determination of responsibilities of multiple parties associated with accidents. Included are in-depth discussions of OSHA work regulations, OHSA requirements for avoiding penalties on the basis of employee misconduct, and the OSHA Directive for assignment of responsibilities on multi-employer work sites. These requirements are excellent tools for analyzing the relative responsibilities of personnel involved in an accident—even if OSHA regulations do not directly apply to the actions at issue. Also included are discussions of electrical burn injury and treatment and human factors issues often involved in such accidents, how to present information in usable and understandable terms with appropriate exhibits and reports, and how to prepare witnesses to help managers and other understand the impact of utility standards and procedures on safety, It is helpful (but not required) if attendees have attended one of the UPCA-1 courses or have extensive knowledge of its subjects.
Participants receive a workbook containing discussions of various codes, standards and regulations; sample accident reports and calculation sheets; investigation “cheat sheets” for various kinds of accidents; accident investigation tips; examples of good and bad exhibits; and other useful materials; as well as exercises and answers and excerpts from Practical Utility Safety.
Click here for more information & to view example schedules.
The UEA Series seminars concentrate on accidents of employees of utilities or utility contractors while working on power and communication utility facilities; A separate seminar series concentrates on accidents resulting from public contact with power and communication utility facilities—see the UPCA Series above.
Two things are critical to successful accident investigation and litigation:
| 1. |
Appropriate information must be obtained, documented and analyzed properly on a timely basis. | |
| 2. | The accident analysis and litigation team must present evidence and arguments in a manner that can be both fully understood and believed. |
In over 1300 accident investigations, we have seen some of the best and worst investigations, documentations, and litigation preparations imaginable. We started this series in 1990 out of frustration, because we had seen so many instances where (1) incomplete investigations limited the ability of safety trainers, technical experts, managers, and trial counsel to adequately analyze and present a case, (2) inadequate understanding of available information by company managers or trial counsel resulted in either incomplete or inadequate presentations and arguments, (3) inadequate understanding of the available information led managers to take the wrong case to trial or appeal the wrong case, or (4) combinations of the above.
Both a one-instructor 2.5 day seminar and a multiple-instructor 3.5 day seminar are available in the UEA -1: Investigation, Documentation, and OSHA Litigation series.
The 2.5 day UEA -1 seminar concentrates on NESC and OSHA requirements, investigation techniques, documentation techniques, and limited analysis techniques often involved in employee accidents. Included are in-depth discussions of OSHA work regulations, OHSA requirements for avoiding penalties on the basis of employee misconduct, and the OSHA Directive for assignment of responsibilities on multi-employer work sites. These requirements are excellent tools for analyzing the relative responsibilities of personnel involved in an accident to help identify methods of avoiding such accidents in the future—even if the user represents a party that was involved in an accident but is not subject to an OSHA citation.
The 2.5 day UEA-1 seminar uses a case-study approach to help users understand what information to document, how to correctly measure, photograph, and document required information, how to preserve and control evidence, how to recreate accident conditions and clearances using photographs and measurements, how to use injury information to determine placement and actions of the injured, how to present information in usable and understandable terms with appropriate exhibits and reports, how to separate facts from conclusions, and how the information will be used in litigation. Both winning techniques and potential pitfalls are presented. The seminar culminates with a class exercise based upon a real accident. Attendees will be given a small amount of information like that typically available when initially called to an accident site and then split into groups to develop information required from all parties. After presenting the required information to the class, attendee groups are given pertinent information that was available and then analyze that for facts useful for and against the interests of each party.
The 3.5 day UEA -1 includes all of the 2.5 day program, some of which is given in expanded form, plus discussions of additional accident types, treatment of electrical injuries, required safety signs for utilities and for construction work, how to present information in usable and understandable terms with appropriate exhibits and reports, and preparation of witnesses to help managers and others understand the impact of utility standards and procedures on safety and focus on appropriate future actions. Accident analysis receives expanded treatment.
Participants receive a workbook containing discussions of various codes, standards and regulations; sample accident reports and calculation sheets; investigation “cheat sheets” for various kinds of accidents; accident investigation tips; examples of good and bad exhibits; and other useful materials; as well as exercises and answers and excerpts from Practical Utility Safety.
Click here for more information & to view example schedules.
Special one-day live seminars are available for users of the NESC Videotaped Training available from Clapp Research, Inc. Presentations structured around questions supplied in advance by participants are given in the morning. The actual questions and written answers are discussed in the afternoon.
Click here for more information on Follow-Up Seminar Videotape.
Clapp Research personnel are authorized to teach OSHA 10-hour and 30-hour courses on construction regulations. Instruction on OSHA regulations applicable to electric or communication utility personnel is normally combined with NESC work rules in special seminars.
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