How to Become an Expert Occupational Witness for Safety Injuries
When an attorney needs an authoritative, credible voice for litigation, he often will seek the services of a qualified expert. Although an expert witness may be called to give a deposition or testify in court, very often her task revolves around compiling detailed documentation regarding the nature of the conditions, product or injury. Expert occupational witnesses for safety injuries usually are retained when a workplace injury or fatality has occurred. To become an expert safety witness, you must be highly educated in OSHA laws, recognize known or potential worker hazards and have a professional background in occupational safety and health.
Instructions
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Consider acquiring an upper level degree in environmental or public health and safety, engineering or industrial hygiene. Each of these areas of study enhances knowledge of workplace safety, although earning a degree isn't a requirement to become an expert witness for some safety litigation. There is not usually an official process or class for witness certification in this discipline. While experts with master's degrees or Ph.D.s are considered more reliable, there are still plenty of options for those without advanced degrees.
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Take as many federal and state OSHA courses as possible. A sure-fire way to expand your knowledge beyond the layperson's and earn that "expert" status is to complete certifications from the Occupational Safety and Health Administration. Check with your local OSHA Training Institute for upcoming class schedules. Once you've completed general courses, gain further certification to become a federally authorized OSHA instructor for voluntary compliance courses. Those who train others in OSHA law have an established comprehension of safety standards.
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Spend time in the field learning about workplace safety. Develop familiarity with OSHA laws and employee safety hazards through interactions with industrial sites. Obtain work as a consultant for an environmental health and safety (EHS) firm or find employment as an onsite EHS expert for a large corporation. Most EHS consultants conduct safety audits for facilities, train workers in safe practices and participate in the mediation of OSHA citations. Field work and experience gives credibility to an expert witness's testimony. Those who are safety inspectors with federal or state divisions of OSHA also have considerable field experience that courts find favorable.
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Enhance your professionalism. Conduct seminars at local colleges or community events on industrial health and safety topics. This will also increase your communication proficiency, which is vital for expert witnesses.
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Research a few areas and become exceedingly proficient. OSHA law is a very broad topic. Those who are expert witnesses often narrow their focus on one or two arenas, such as forklift safety or combustible dust. Publish articles regarding safety tips, new information or application of these laws. Along with establishing your expertise, you'll gain skill in research and documentation for litigation.
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Find work. Develop and post your expert witness portfolio with an online community. These services allow attorneys to view and select witnesses that meet their litigation criteria. Or do a search of local personal injury attorneys and contact them with a short email detailing your field of expertise as a witness.
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Tips & Warnings
Once you accept a case, maintain confidentiality.
Be careful how you document your research findings. All information, even your notes, can be requested for review by the opposing counsel. The attorney who retained your services will guide you in what she requires and how to proceed if you are uncertain of legal particulars.
References
Resources
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