In OSHA Regulations and their Complexity construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
Get it in writing
When trying to decide how to apply a rule, ask for it in writing to make sure it supports the corresponding standard or official position of the agency, and utilize the document as demonstrative evidence. When it comes to regulations, their ambiguity can be the expert’s worst enemy in the issue of “to a reasonable degree of certainty.” Don’t be afraid to ask for the answers in writing from OSHA or other governing agencies.
OSHA provides an invaluable resource on rulings, and interpretations. Visit OSHA’s Letters of Interpretations for more information.
Conduct comprehensive research, especially where there are seemingly ambiguous rules and agency complexities regarding them. Experts need to clarify and resolve the issue or issues at hand. You will best serve your client by being thorough.
William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation – earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com