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Becht Engineering Blog

In this section of the site contributing authors submit interesting articles relating to the various services, industries and research & development efforts of Becht Engineering.

The Becht Expert Witness – A Partner with Credibility

Becht_shaking_hands
In any legal case it is very important to establish a true partnership between the law firm and the expert witness. This partnership facilitates an effective, balanced team with both technical and legal knowledge. This will provide the client with the most cost-effective solution and best chance for a favorable outcome during trial or arbitration.  In some legal cases the expert is kept in a strict “need to know” position rather than being a partner. This situation can hinder the expert’s ability to evaluate the situation and add cost due to potential misunderstanding and rework.  This can also put the expert in an awkward position during deposition and trial since the legal teams have facts that may not have been disclosed to the expert. This does not mean the expert has to review all discovery materials but rather needs to have a complete overview or summary of all relevant issues in...
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Securing the Right Expert to Support Your Lawsuit

lit-support-blog-image Becht Litigation Support
On March 25, 2016 I published a Blog titled “ Expert Witness, a Becht Engineering Service to Avoid ”. This Blog focused on a number of elements that can be used to assure projects do not result in litigation. These elements include: Developing a sound, complete scope of work Selecting a qualified contractor Using proven industry standards with specific addenda Putting a highly experienced management and technical team in the contractor’s office Implementing shop and field quality assurance programs Demanding timely reporting from the contractor However, we find that many times these elements are not implemented on major projects and there is a dispute over cost, schedule or performance resulting in litigation. There can also be cases involving equipment failures, underperformance of projects, patent infringement or injury where we are contacted after the litigation process is well under way. In these cases, it is critical the legal team engage the right...
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CalOSHA Update – Damage Mechanism Reviews (DMR)

cal-osha
On May 18, 2017, the California Department of Industrial Relations’ Occupational Safety and Health Standards (CalOSHA) board approved a new regulation that changes how Process Safety Management (PSM) is handled for oil refineries within the state of California.  This regulation was approved in response to high-profile industry incidents in the state of California in the last 5 to 10 years.  The new regulation introduces a “refinery safety order” that will be enforced by the PSM unit within CalOSHA ( CLICK HERE for the regulation ).  Some key elements introduced in this regulation are: Damage Mechanism Reviews (DMR's) – Reviews that consider where corrosion, mechanical damage, environmental cracking, etc. are identified for process equipment; Hierarchy of Hazard Controls Analysis – A review to identify appropriate the most appropriate means for managing hazards; Human Factors Program – Analysis of personnel related factors such as employee fatigue, staffing levels, shift turnover, and training; Management...
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Crane Operator Certification - OSHA Rule 1926.1427

Crane Operator Certification - OSHA Rule 1926.1427
I have been receiving many inquiries recently from individuals and companies concerned about the status of OSHA Rule 1926.1427 – All wondering if they are in compliance. Bottom Line - There is currently a nationwide controversy regarding  OSHA regulation on crane operators . Background OSHA enacted a new crane rule in 2010.  The part 1926.1427 (Crane Operators) has been retracted and is not being enforced.  Part 1427 states that all crane operators shall be certified by Crane Type and Capacity .  The certifying agencies either (1) are not able to provide this service or (2) are struggling with the directive.  To provide the service as stated, they would need to develop a test for every type and size of crane used in the USA.  Furthermore, the practical testing would require unlimited access to all those cranes. Industry has formally protested this rule.  Although OSHA has not agreed to change it, they...
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