Codes , Standards and Recommended Practices
Organizations that issue Codes, Standards and Recommended Practices
The best Codes, Standards and Recommended Practices are based on knowledge from Human Factors and are a requirement in Safety Design. Safeguards and Warnings are enshrined in many generally accepted Codes, Standards and Recommended Practices. These subject areas are all closely related.
The information that follows is not intended to be exhaustive, but rather to introduce Codes, Standards and Recommended Practices. In particular this web page will not discuss particular codes except as illustrations. The organization of the materials below is one way to look at the subject.
There are numerous organizations that issue codes, standards and recommended practices. These include non-governmental industry groups such as the Outdoor Power Equipment Institute, non-governmental technical societies such as the American Society of Mechanical Engineers and the National Fire Protection Association, federal government agencies such as the Occupational Safety and Health Administration (OSHA) and Consumer Product Safety Commission (CPSC) and state agencies such as the [state name] Department of Transportation and international organizations. Some federal agencies also have state counterparts such as MiOSHA, Michigan Occupational Safety and Health Administration.
Purposes of Codes, Standards and Recommended Practices
Codes, Standards and Recommended Practices are not limited to safety issues. There are standardization of all sorts of items, such as chemical compound names, sizes of bolts down to the depth of the thread and number of threads per inch, etc. Safety is however the concentration of this web page. It is important to recognize when a provision in a code or standard is a safety item and when it is not, although this is often specifically called out in the standard or is quite obvious.
Use of Codes, Standards and Recommended Practices
It should be recognized that non-governmental Codes, Standards and Recommended Practices represent the opinions of specific individuals and organizations, some of which only issue "consensus" codes and standards, those that require unanimous, or essentially unanimous agreement, to include a provision. Knowledge of the organization will provide important information on the value of a code or standard in evaluating the safety of an item, whether it be, for example, equipment, a consumer product or a feature of a building. Generally speaking violating a safety provision in an applicable code is considered to be direct evidence of a safety defect. However, codes and standards do not cover all conditions and situations, and the absence of a condition or situation in an applicable code or standard does not mean that the condition or situation is safe.
Governmental Codes and Standards may have the force of law. Under these circumstances violating a safety provision in an applicable code is considered to be direct evidence of a safety defect, but may also have other consequences in disputes. However, these codes and standards also do not cover all conditions and situations, and the absence of a condition or situation in an applicable code or standard does not mean that the condition or situation is safe. The general rule regarding governmental codes and standards is also that they set the minimum standard for safety, but do not necessarily set the complete standard for safety. A conclusion regarding safety should only come from engineering analysis based on safety principles such as Safety Design principles and Human Factors, as this might be assisted by codes and standards.
There are a very large number of industry groups, technical societies of one sort or another, and governmental agencies that issue Codes, Standards and Recommended Practices on a very large number of subjects. Many, but not all, of the American groups issue their standards in conjunction with the American National Safety Institute (ANSI). ANSI standards are often referenced in federal and state codes and standards. An international non-governmental standards group whose standards are often adopted by governments is ISO, whose English name is International Organization for Standardization.
Also some codes have set very low standards for safety, which must be considered when weighing the value of the code. Some non-governmental codes have been rejected for use in governmental standards. The general rule regarding non-governmental codes, standards and recommended practices is that they set the minimum standard for safety, but do not necessarily set the complete standard for safety. A conclusion regarding safety should only come from engineering analysis based on safety principles such as Safety Design principles and Human Factors, as this might be assisted by codes and standards.
earned the Professional Engineers license (P.E.) by taking the National Council of Engineering Examiners' examination in Fundamentals of Engineering and the Mechanical Engineering and Chemical Engineering sections of the National Council of Engineering Examiners' (NCEE) examination in Principles and Practices of Engineering
earned 2 Engineering degrees, Bachelor of Science and Master of Engineering, and took additional credit coursework post-degree, taking coursework in physics, chemistry, mathematics, engineering mechanics, mechanical engineering, chemical engineering and normal psychology
at the start of forensic work, completed refresher and additional post-degree college credit coursework and continuing education coursework in mechanical engineering, metallurgy and materials
designated a Diplomate Forensic Engineer by the National Academy of Forensic Engineers in
accordance with the standards of the Council of Engineering and Scientific Specialty Boards (CESB)
● attended engineering seminars presented by the National Academy of Forensic Engineers
regularly attend additional technical courses and seminars each year to meet the requirements for continuing engineering education for the Professional Engineer's license
● over 40 years of engineering experience, with:
● 17 years experience in industrial operations, engineering design and construction assistance
● 30 years experience in forensic engineering, including:
● working on over 1100 cases
● issuing over 700 reports and over 70 affidavits
● testifying in over 100 depositions and over 90 trials
as a forensic engineer for over 30 years, routinely apply Human Factors and Safety Design principles, the bases for the safety provisions in Codes, Standards and Recommended Practices, in engineering analysis of accidents, and equipment and facilities involved in accidents
Experience and Qualifications of James D. Madden, P.E.
in regard to Codes, Standards and Recommended Practices
for Bachelors and Masters degrees in Engineering took extensive college coursework in Engineering
● minored in Normal Psychology as part of the Bachelors degree work
Combined, Engineering and Normal Psychology are the scientific bases of Human Factors and the related studies of the human-machine interface and human-facility interface, which comprise a significant part of the foundation for Safety Design and Safety Design Analysis. Human Factors and Safety Design are the bases for the requirements for Safeguards as well as Warnings, and a part of the requirements for the best Codes, Standards, Safety Guidelines and Recommended Practices. James D. Madden, P.E. has specific education in Engineering and Normal Psychology, as follows:
during engineering design organized, participated in, and supervised the writing of Design Manuals for a major engineering design and construction company for equipment, machinery, instrumentation, piping, and valving to meet safety design requirements and applicable Codes, Standards and Recommended Practices
during engineering design organized participated in, and supervised the writing of a Design Manual for a major engineering design and construction company for the design of boiler systems to meet safety design requirements and the ASME Boiler Code and other applicable Codes and Standards
during 17 years as a design engineer and for over 30 years in forensic practice, made extensive use of Codes, Standards and Recommended Practices, including interpretation
as an integral part of engineering design during 17 years working in industrial operations and engineering design, regularly applied Human Factors and Safety Design, the bases for the safety provisions in Codes, Standards and Recommended Practices
In our Forensic Engineering work in all of the Forensic Specialties, use of Codes, Standards and Recommended Practices, when they exist for the equipment or facility of interest, is an integral routine part of our engineering analysis of such equipment and facilities in regard to their involvement in accidents.
Our work with Codes, Standards & Recommended Practices
in Our Forensic Engineering Work
<< click for a description of the typical activities and work performed
Our work with Codes, Standards and Recommended Practices routinely includes determination of the adherence to such Codes, Standards and Recommended Practices, and the adherence to governmental Safety Regulations. This is an integral part of our engineering analysis of equipment, consumer products, buildings and property, industrial and commercial operations, and construction activities involved in accidents, to determine the safety of these items, facilities and activities.
A minimum requirement for engineering design and industrial and commercial operations is the proper use of Codes and Standards, including governmental Safety Regulations, such as OSHA regulations. The proper use of the applicable Codes, Standards and Recommended Practices is a minimum requirement to conform to Safety Design principles for equipment and facilities, and to conform to safe practices in industrial and commercial operations and maintenance, and construction activities.
Codes, Standards and Recommended Practices are consulted for consumer products, and residential, commercial, manufacturing, industrial and construction equipment, and components associated with this equipment, and their associated facilities.
Codes, Standards and Recommended Practices are consulted for consumer products and residential, commercial and industrial facilities, considered separately from equipment.
click for discussion of many of the considerations for the use of Codes and Standards with equipment, products and facilities
Table of Contents - Codes & Standards Page - links to content on this page
Consultation is available before starting a case. We invite you to
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Call us, or if you prefer we can schedule the consultation in advance.
Consultation with James D. Madden, PE, a Professional Engineer, and Forensic
Engineering Consulting and Testifying Expert Witness, is available to the client at all
times during the work - before, during, and after the investigation,
engineering analysis, reconstruction, report, and any other work on the case.
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Qualifications of James D. Madden, P.E., Senior Forensic Engineer
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Over the last 30 years we have regularly worked on accidents which occurred in Ohio, Pennsylvania, Michigan, New York and nearby, including inspections of accident sites, equipment, and facilities, with reports and testimony. During these 30 years we have also worked on accidents which occurred in other states, and equipment and facilities located in other states, with inspections of accident sites, equipment, and facilities, from Utah and Kansas to Vermont and North Carolina, with reports and testimony for these accidents, when applicable.
Geographic Area of Practice - North America
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Presentation of results of our work
Our work investigating, analyzing and reconstructing accidents, and presenting the results, may include any
or all of the following, depending on the needs of the case:
Our Typical Work Activities and Products, when warranted by the case
● written reports and affidavits
● deposition testimony, including video deposition
● trial testimony and arbitration testimony
James D. Madden, P.E., while performing Forensic Engineering work full-time for over
the last 30 years, for both plaintiff and defendant, has to date:
Forensic Engineering Work by Senior Forensic Engineer James D. Madden, P.E.
● completed over 1100 cases
● written and issued over 700 reports
● testified in over 100 depositions
● written and issued over 70 affidavits
● testified in over 90 trials
See details of the forensic work throughout this website, and a summary on the Employment Page.
The qualifications of James D. Madden, P.E., Senior Forensic Engineer, Consulting and Testifying
■ Our Work using Codes & Standards, and its involvement in Our Forensic Engineering Work
■ Codes & Standards Discussed
■ Purposes of Codes & Standards
■ Use of Codes & Standards
■ Contact Us by Phone, Mail or Email
■ Consult, before and after assignment
■ Fee Schedule availability
■ Our Forensic Engineering Work - number of ● Cases ● Reports ● Affidavits ● Testimonies
■ Experience with Codes & Standards
■ Our Typical Work Activities and Products
■ Presentation of the Results of Our Work
■ Geographic Area available for Work
■ Curriculum Vitae and other Qualifications
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● inspection of the accident site, such as a roadway, outdoor facilities, building or industrial facilities
inspection of the involved equipment, in current condition, including in damaged condition (such as crashed vehicles); and when available for operation, during operation (such as industrial equipment)
● interviewing witnesses (often during the inspection of the accident site, product and/or equipment)
coordinating or interfacing with others while they are preparing specialized exhibits such as video animations and videos of demonstrations
review and study of case documents, evidence and applicable codes, standards, regulations and recommended practices
● written reports and affidavits, and exhibits
drawings, calculations, graphical analyses, computer analyses, etc. as required to analyze and reconstruct the accident, and to present the engineering analysis and reconstruction
● testing accident items and exemplar items (such as consumer products)
● photography and/or video of the accident site and involved equipment
● testimony in deposition, trial and arbitration
over 30 Years Investigating, Analyzing, Reconstructing & Testifying about Accidents
Forensic Engineering & Scientific Accident Reconstruction
1
> Traffic Accidents, Crashes |
> Premises, Bldg, Property |
incl. Slips, Trips & Falls |
> Workplace - Industrial, |
Commercial, Construction, |
Farm, Forest, Extraction |
> Equipment and Machinery |
> Equip. Fire or Explosion, |
> Hazardous Combustion, |
incl. Carbon Monoxide |
(CO) death or poisoning |
> Consumer Products |
> Chemicals and Materials |
incl. Gases & Compounds |
Basic Forensic Specialties
Main Forensic Specialties
Madden Accident Analysis, Investigation, Reconstruction
Madden
Accident
Analysis,
Investigation,
Reconstruction
Copyright 2011, 2012, 2015, 2016, 2018, 2019, 2020, 2022 by Madden Accident Analysis, Investigation, Reconstruction, and by James D. Madden, P.E. All rights reserved.
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Madden Accident Analysis, Investigation, Reconstruction, through its Senior Forensic Engineer, James D. Madden, P.E., a licensed Professional Engineer, and Board Certified Diplomate Forensic Engineer, has performed Accident Investigations, Engineering Analyses and Accident Reconstructions routinely for accidents / incidents and cases located in Ohio, Pennsylvania, Michigan, and New York, in the technical areas which are noted in this website, as well as providing expert reports and testifying in court proceedings in these states in the capacity of an Expert Witness, including depositions, arbitrations and/or trials. Forensic Engineering work has also performed in, and/or for cases in, West Virginia, Kentucky, Indiana, Illinois, Maryland, North Carolina, Vermont, Kansas and Utah, with testimony in deposition and court in West Virginia and Kansas.
Madden Accident Analysis, Investigation, Reconstruction, through its Senior Forensic Engineer, James D. Madden, P.E., a licensed Professional Engineer, and Board Certified Diplomate Forensic Engineer, has performed Accident Investigations, Engineering Analyses and Accident Reconstructions for accidents / incidents and cases in the metropolitan areas of Cleveland, Akron, Canton, Toledo, Warren, Youngstown, Mansfield, Columbus, Dayton, Cincinnati, Lima, Findlay, Marietta and Steubenville, Ohio, as well elsewhere throughout Ohio, and the metropolitan areas of Pittsburgh and Erie, Pennsylvania, as well as elsewhere throughout western and central Pennsylvania, and the metropolitan areas of Detroit, Ann Arbor, Lansing, Flint and Port Huron, Michigan, as well as elsewhere in southern Michigan, and the metropolitan areas of Buffalo and Syracuse, New York, as well as elsewhere in western and central New York state. In many of these areas James D. Madden, P.E. has provided expert reports and testified in the capacity of an Expert Witness in court proceedings, including depositions, arbitrations and/or trials.
Latest updates to the overall document and activity counts (reports, affidavits, cases, trials, and depositions), and counts of the number of individual specialty cases reported in this website were completed 7/15/2020. The updates of the overall document and activity counts and the counts of the number of individual specialty cases for the period between 12/2007 and 7/15/2020 were based only on the documents produced, and thus are under-counts (i.e. cases without a report or affidavit were not included in the counts).
Madden Accident Analysis, Investigation, Reconstruction
1700 West Market Street, Suite 318, Akron, Ohio 44313
or contact us for our Cleveland Ohio address
phone: 440-838-0640 or 440-832-9540, fax: 440-838-1192
Madden Accident Analysis, Investigation, Reconstruction, through its Senior Forensic Engineer James D. Madden, P.E., is available for Accident Investigations, Engineering Analyses, Accident Reconstructions, and testimony in depositions, hearings, arbitrations, and trials, for cases located throughout North America.