Madden Accident Analysis & Forensic Engineering
8803 Brecksville Road, Suite 7-216, Cleveland, Ohio 44141
phone: 440-838-1191 fax: 440-838-1192
email address: maddenforensic@yahoo.com
website: www.maddenforensic.com
Madden
Accident
Analysis &
Forensic
Engineering
odes , 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 qualifications of James D. Madden, P.E., Senior Forensic Engineer, Consulting and Testifying
Forensic Engineer and Accident Reconstruction Engineer,
are listed in the Expertise and Work & Specialties sections.
Download a Summary or Detailed Curriculum Vitae (CV) / Resume' for James D. Madden, P.E.,
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ualifications of James D. Madden, P.E., Senior Forensic Engineer
ownloads and Links - Curriculum Vitae, Email and Bookmark
Over the last 28 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 28 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 to Vermont, to North Carolina, with reports and testimony for these accidents, when applicable.
eographic Area of Practice - North America
Contact us to discuss your case by phone at NO CHARGE.
This consultation can be scheduled in advance to meet your schedule.
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.








Consultation is available before starting a case. We invite you to
consult with us. There is no charge for an initial phone consultation.
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.
In the 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 the engineering analysis of such equipment and facilities in regard to their involvement in accidents.
Codes, Standards and Recommended Practices are consulted for residential, commercial, manufacturing, industrial and construction equipment, components associated with this equipment, and associated facilities.
Codes, Standards and Recommended Practices are consulted for consumer products and residential, commercial and industrial facilities, considered separately from equipment.
For mailing address, phone, fax and email address click a button below the Fee Schedule section.
Contact us by phone, fax, mail or email for a copy of the Fee Schedule for charges for engineering
and consulting services and testimony. Click a button below for contact information.
● verbal reports, by telephone or in face-to-face conferences
We present the results of our investigations, engineering analyses and reconstructions in
the client's choice of any, or all, of the following:
resentation of results of our work
For more on qualifications click on >>>
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:
● inspection of the accident site, such as a roadway, outdoor facilities, building or industrial facilities
● inspection of the involved equipment, during operation (such as industrial equipment), or in damaged
condition (such as crashed vehicles)
● 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 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
ur 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 28 years, for both plaintiff and defendant, has to date:
orensic Engineering Work by Senior Forensic Engineer James D. Madden, P.E.
● completed over 1000 cases
● written and issued over 600 reports
● testified in over 90 depositions
● written and issued over 60 affidavits
● testified in over 75 trials
ur work with Codes, Standards and Recommended Practices in Forensic Engineering
Work
<< click for a description of the typical activities and work performed
click for discussion of many of the considerations for the use of Codes and Standards with equipment, products and facilities
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.
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28 Years in Forensic Engineering
Madden Accident Analysis & Forensic Engineering
Codes, Standards, Recommended Practices
and Safety Regulations
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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
● 28 years experience in forensic engineering, including:
● working on over 1000 cases
● issuing over 600 reports and over 60 affidavits
● testifying in over 90 depositions and over 75 trials
See details of the pre-forensic work on the & .
See details of the forensic work throughout this website.
See a summary of the forensic work on the .
See more about qualifications of James D. Madden, P.E. on the .
Our work with Codes, Standards and Recommended Practices routinely includes determination of the adequacy of the use of Codes, Standards and Recommended Practices, and the adherence to government 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 of design and operations is the proper use of Codes and Standards, including government Safety Regulations. The use of proper Codes, Standards and Recommended Practices is a minimum requirement in the Safety Design of equipment and facilities and in industrial and commercial operations and maintenance, and construction activities.


as a forensic engineer for over 28 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
xperience 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 28 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
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