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Safety Professional Risk Manager Expert Witness

Provides Opinion & Testimony In:

Risk Management, Director of Safety, Field Safety Operations, Procedures & Policies for Subcontracted Trades, Respiratory Program Administration, Post Incident Investigations Inspections, Drug Alcohol Program Development Management, Developing Relations Outside Agencies Organizations, Supervising Updating Safety Training Programs Training Employees, Supervising Consulting Onsite Safety Staff, Procure Manage Insurance Policies Loss Statistics, Hiring, Reading Interpreting Blueprints, Specifications, Contracts, Cal/OSHA Permit Procurement, Safety Training Development Delivery, Electronic Based Safety System Training Development, Safety Enforcement,

Expert Witness No. 93

California

PROFESSIONAL EXPERIENCE:

2003 to Present

  • T.B. Penick & Sons, Inc. San Diego California & New York City, New York
  • T.B. Penick & Sons, Inc. is a mid-sized general building contractor serving across the United States with revenues of approximately $200M per year with approximately 700,000 effort hours of self-performed work.

    RISK MANAGER 20014 to Present

  • Management of both Safety and Human Resources Departments
  • Corporate insurance procurement with CFO
  • Incident report review and prevention planning
  • Regulatory update reviews with both Safety and Human Resources Directors
  • Review contracts to identify requirements related to insurance, contracting, and financial risk, then develop programs with management and legal team to mitigate and control risks identified.
  • Manage claims and lawsuits; budgeting, scheduling, and planning through completion of each matter

Dispute negotiations and resolutions with clients and subcontractors

DIRECTOR OF SAFETY 2003 to 2013

  • Administration and management oversight for all field safety operations of the companies 3 divisions approximately 700,000 self-performed effort hours (400+ employees)
  • Reviewing and developing risk and safety procedures and policies for self-performed and subcontracted trades
  • Reviewing and commenting on pending legislation and regulations at regulatory hearings
  • Developing and implementing means and methods (best practices) to integrate safety and production in construction work
  • Assisting project teams and subcontractors in developing feasible safety compliance solutions which are safe and legal
  • Respiratory program administration
  • Post incident investigations and inspections
  • Drug and alcohol program development and management
  • Developing relations with outside agencies and organizations
  • Supervising and updating safety training programs and training employees
  • Supervising and consulting with onsite safety staff
  • Procure and manage insurance policies and loss statistics
  • Hiring and personnel matters for up to 400 employees
  • Reading and interpreting blueprints, specifications, and contracts
  • Cal/OSHA permit procurement
  • Safety training development and delivery
  • Electronic based safety system and training development
  • Safety enforcement
  • Lead the company to earn national awards for safety programs

    2001 to 2003

  • Roel Construction Company, Inc San Diego California

Roel Construction Company, Inc is a mid-sized regional general contracting company serving the western United States with revenues of approximately 275m per year with approximately 800,000 effort hours of selfperformed work.

ASSISTANT DIRECTOR OF SAFETY

  • Inspect jobsites for safety and health concerns
  • Preplan tasks to prevent injury
  • Training program development
  • Train employees and subcontractors
  • Drug and alcohol policy administration
  • Respiratory program administration
  • Claims management – Workers’ Compensation, Auto, General Liability
  • OSHA log maintenance
  • Cal/OSHA permit procurement
  • Post incident investigations and inspections

    1999 to 2001

  • Testing Engineers – San Diego San Diego California

Testing Engineers – San Diego is a mid-sized local arm of a national engineering services firm that provides special inspection as well as safety and environmental services.

SAFETY & ENVIRONMENTAL SPECIALIST

  • Designing project specific Accident Prevention Programs
  • Designing project specific Environmental Protection Programs
  • Inspecting and monitoring jobs for safety and health concerns
  • Air monitoring and sampling for environmental contaminants
  • Soil sampling and analysis for environmental contaminants
  • Report generation with recommendations based on laboratory analysis and regulatory requirements for air monitoring/sampling and soil sampling

Safety training and education for employees and clients

1997 to 1999

  • California State University, Long Beach Long Beach California
  • California State University, Long Beach is a large university in southern California employing over 3800 throughout the campus. The campus includes sports facilities, laboratories, maintenance facilities, parks and, housing, as well as educational buildings.

SAFETY ENGINEER

  • Inspect laboratory facilities for chemical safety
  • MSDS program development
  • Manage employee ergonomic program
  • Fire safety training
  • Hazardous Waste Operations (HAZWOPER) training
  • Urban Search and Rescue (USAR) training
  • Chemical and Hazardous waste spill response
  • General Cal/OSHA compliance

Industry Associations and Licenses:

  • Past Chair, Associated General Contractors San Diego Safety Committee 2 years
  • Past Vice Chair, Associated General Contractors San Diego Safety Committee 2 years
  • Member, Associated General Contractors America National Safety Committee
  • Past Member, Zurich National Construction Round Table
  • American Society of Safety Engineers
  • Board member for numerous Cal/OSHA Standards Board Advisory committees

Emergency Medical Technician I

Education

  • California State University, Long Beach
  • Bachelor of Science
  • University of California, San Diego
  • Professional Certificate in Occupational Health and Safety
  • Insurance Education Association/Certified Property Casualty Underwriters
  • Associate Risk Manager (ARM)
  • Board of Certified Safety Professional

Certified Health and Safety Technician (CHST) Teaching and Speaking Experience:

  • Instructor Associated General Contractors Apprenticeship Program
  • Fall Protection system design, installation and training for end users
  • Trenching and Excavation awareness trainer
  • Scaffold User Instructor
  • Forklift Training Instructor
  • Guest Speaker for multiple general contractor’s Superintendent meetings in San Diego
  • U.S. Department of Labor Construction Outreach Trainer
  • Mediator – Contractors and Cal/OSHA forum
  • NAVFAC Southwest Safety Forum
  • Presenter at ASSE Professional Development Conference
  • Presenter at the Pacific Southwest Safety Conference

Presenter at Sea World San Diego Managers’ Safety Conference

Certifications:

  • Competent Person in Fall Protection
  • Competent Person in Trenching and Excavation
  • First Aid and CPR Instructor
  • 40 Hazardous Waste Operations and Emergency Response (Hazwopper)
  • Respiratory Protection Program Administrator
  • Emergence Medical Technician (EMT)
  • Forklift Trainer
  • EM 385 1-1

Witness/Consultant Experience:

  • Provided testimony for regulatory hearings on safety issues
  • Represented employers in OSHA appeals
  • Petitioner to Cal/OSHA on regulatory matters affecting safety
  • Deposition experience on injury accidents
  • Regular Contributor to Engineering News Record (ENR) Magazine on construction Safety including a cover Article in 2009 as well as the Safety
  • Blog writer for ENR.com from 2010 to 2013
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