For attorneys retaining a technical expert, and for counsel whose client has received a Cal/OSHA citation.
Retained expert work
- Machine guarding, lockout/tagout and point-of-operation analysis
- Falls, fall protection, and access and egress
- Excavation, shoring and trenching
- Serious injury and fatality causation
- Industrial hygiene and chemical exposure assessment
- Multi-employer worksite allocation under 8 CCR §336.10
- Standard of care against Title 8 and 29 CFR 1910 and 1926
- Premises, habitability and indoor environmental conditions
- Film and television production safety
Both sides. Plaintiff and defense engagements are accepted, and a conflict check runs before any engagement.
Cal/OSHA citation matters
8 CCR §378(a): a party may appear before the Appeals Board in person or through a representative who is not required to be an attorney at law. Counsel may retain this company as the technical representative, or refer the employer directly.
Classification, exposure, sampling adequacy, abatement feasibility, the §6432 rebuttal record and penalty adjustment factors are the technical case. The deadline is fifteen working days from receipt.
Rule 26 disclosure
FRCP 26(a)(2)(B) requires six items in a retained expert’s written report: all opinions and the basis for them; the facts or data considered; any exhibits; qualifications and publications from the previous ten years; a list of cases in which the witness testified at trial or by deposition in the previous four years; and the compensation for the study and testimony. The disclosure package is assembled with retaining counsel to that standard.
The publications a Rule 26 disclosure has to list are on the publications page, and the memberships with their member numbers are on the professional memberships page.
Engagement
- Conflict check — parties, counsel and any known predecessor consultants
- Written engagement agreement; rates and retainer terms provided on request
- Curriculum vitae and current fee schedule provided on request
- Certificate of insurance provided on request
- W-9 and vendor onboarding documents on request
- Site inspections scheduled directly; preliminary opinion typically within two to five business days of receiving materials
Work is performed personally by Michael Karl McNeil. Nothing is subcontracted, and no associate signs the report.
Jurisdictions
California and twelve additional Western states. Citation representation is available in California, Nevada, Oregon, New Mexico and Wyoming and in the five federal OSHA states; Washington, Utah and Arizona are consulting and expert work only. Detail on the service area and appeal deadlines pages.
Contact
Michael Karl McNeil, REP, RIH, EPP, QSD — (626) 546-9384, mike@mcneilsafetyconsulting.com. See representative case studies, credentials and litigation support.
McNeil Safety Consulting is not a law firm and does not provide legal advice.