Ken Shorter, MS, CSP, ARM, TCDS 
[email protected]

Accident Investigation Qualifications

   Mr. Shorter's education includes a Master's Degree in Safety from the University of Southern California (USC) with specific coursework in accident investigations.  He also has been trained by the American Society of Safety Engineers to perform field investigations of accidents.  Added to that, he has over thirty years of experience investigating construction, demolition, industrial, and heavy equipment accidents.  During three of those years, he gained experience presenting findings, explaining the key issues, and eventually leading Navy Mishap Review Boards to determine how and why serious accidents happened involving cranes, forklifts, heavy equipment, falls, demolition, underground utilities, scaffolds, etc.


Analysis of Multi-employer Worksite Responsibilities

   Construction and demolition accidents frequently involve multiple companies either through direct physical contact or through their responsibilities to prevent the accident. OSHA is often the first source litigants refer to when evaluating multi-employer worksite responsibilities. However, the direct wording of OSHA regulations can be misleading. Yet project owners, designers, construction managers, general contractors, contractors, and subcontractors all have responsibilities specified by OSHA or ANSI to prevent accidents on multi-employer worksites. Additional responsibilities are sometimes found in the project specifications and contracts. An expert must know the in-depth issues involved in applicable standards and regulations in order to provide sustainable expert opinions. Anything less will not survive the rigorous challenges of a courtroom. Here is a summary of Mr. Shorter's qualifications.

  • Knowledge of the precedent setting decisions made by the Occupational Safety and Health Review Commission (OSHRC) and our court system as they have interpreted OSHA regulations for multi-employer worksites.
  • Membership on the American National Standards Institute (ANSI) A10 Committee that regularly updates the national consensus standard for multi-employer worksite safety responsibilities for construction and demolition projects.
  • Extensive field experience managing safety and applying OSHA and ANSI standards on large, multi-employer worksites. These construction and demolition projects ranged from highways, to buildings, bridges, rapid transit systems, and the $1.3 billion overhaul of the Bethesda Naval Hospital campus.
  • Substantial experience producing expert reports that explain multi-employer worksite safety responsibilities, as they pertain to personal injury cases. Several of these responsibilities have distinct performance requirements, limitations, and exclusions that are not obvious by simply reading the regulations. His reports for plaintiffs and defendants sort out which responsibilities apply to particular parties and explain why they do or do not apply in each particular case.
   These qualifications allow Mr. Shorter to provide defensible expert opinions on multi-employer worksite issues. Some experts know the technical issues involved in a crane, scaffold or other accident, however, that does not prepare them to explain the complexities of multi-employer worksite responsibilities.

Comments from Clients
"Your report slammed the door on this case."

"The explanation of multi-employer worksite standards provided in your report clearly established the responsibilities each party had to prevent the accident."

"The report was excellent and allowed us to negotiate a strong settlement."

"Your handling of the other expert was superb. The case was quickly resolved when you determined that he cited the wrong crane standard."

"It was a bold statement to describe the other expert’s opinion as baseless and unresponsive to the case. It also proved to be true."

"It was a pleasure working with you. Your knowledge of OSHA and ANSI safety standards was thorough and convincing."

"I look forward to working other cases with you in the future.  It is my sincere hope that we remain on the same side of the V."

"Your deposition put us in a fantastic position to get the case resolved."
Major Accident Investigation Samples for
Plaintiffs, Defendant's, Companies and Government Agencies
  1. Falls
    Key Issues • OSHA fall protection regulations • Steel erection • Floor holes • Scaffolds • Roofing
  2. Heavy Equipment
    Key issues • Manufacturer safety warnings • Aftermarket attachments • OSHA and US Army Corp of Engineers regulations • Multi-employer worksite safety responsibilities • Crane and multi-purpose lifting machine regulations • Walking with a hoisted load • Pile driving
  3. Forklifts
    Key issues • Equipment manufacturer safety warnings • Aftermarket equipment and warnings • OSHA, ASME/ANSI and US Army Corp of Engineers regulations • Free rigging (load swinging below the forks)
  4. Cranes & Rigging
    Cranes & Rigging
    Key Issues • OSHA, ASME/ANSI and US Army Corp of Engineers regulations • Crane operator responsibilities • Crane supervision • Crane inspection and maintenance • Rigging • Critical and complex lifts • Boom assembly • Dropped loads • Steel erection • Precast concrete erection
Backed Over

Key Issues

 • Skid steer loaders
 • Dump trucks
 • Box trucks
 • Back up alarms
 • Signaling
 • Visibility

Marine Construction

Key Issues

• Barges
• Cranes
•  Bridges
• Cofferdams
• Pile driving
• Demolition

Key Issues

• Buildings
• Roofs
• Floors
• Chimneys 
• Planning
• Training
• Supervision

  1. Falling Objects
    Falling Objects
    Key Issues • Steel erection • Chimney demolition • Stone foundation support • Objects dropped to lower levels • Shoring • Bridges
  2. Trenching
    Key issues • Sloping • Shoring • Benching • Trench boxes • Utility damage • Competent person
  3. Multi-employer Worksite
    Key issues • OSHA and ANSI regulations • Contract responsibilities • Planning • Training • Inspection • Supervision
  4. Public Protection
    Public Protection
    Key Issues • Pedestrians • Backed over • ANSI standards