Exploring IH Expert Witness Testimony and the Daubert Standard: What You Should Know 

Presented by

• Tom Armstrong, CIH, PhD
• Michael Taylor, Esq.
• Michael Jayjock, CIH, PhD

See Presenter Bios below

course level

Intermediate

Prerequisites

None

Who will benefit

 
The course will introduce participants to the three main points and the level of scientific rigor required for expert industrial hygiene work to pass the Daubert Standard, which governs the admissibility of expert witness testimony during all U.S. federal legal proceedings and over half of state proceedings.  This understanding will help industrial; hygienists develop acceptable exposure estimates, especially but not only via mathematical modeling, for use in litigation.

Course description

The first course segment will outline the legal basis for the Daubert Standard and how it has raised the bar on admissibility of expert witness work in court proceedings. The next section will illustrate, by examples, how the Daubert criteria were used in supporting the validity of mathematical modeling used in exposure assessments for several litigation cases.  The course will draw to a close by reiteration of the criteria, followed by open discussion by instructors and course participants.  A series of questions will be provided for participants to verify their understanding of the materials presented

learning outcomes

• Inform participants about what the Daubert Standard contains and how it applies to exposure estimates, particularly from mathematical modeling.
• Discuss the broad industrial hygiene implications of the level of scientific rigor required for acceptable expert witness reports and testimony.
• Identify key examples of the scientific underpinnings required for work to pass the Daubert Standard hurdles
• Inform the participants of key references on the legal development of the Daubert Standard, and its interpretation.

suggested reading

• Jayjock, Michael A. , Armstrong, Thomas and Taylor, Michael(2011) 'The Daubert Standard as Applied to Exposure Assessment Modeling Using the Two-Zone (NF/FF) Model Estimation of Indoor Air Breathing Zone Concentration as an Example', Journal of Occupational and Environmental Hygiene, 8: 11, D114 — D122, First published on: 31 October 2011 (iFirst)
• Mathematical Models for Estimating Occupational Exposure to Chemicals, 2nd edition, 2009, AIHA Press, C. B. Keil, C. E. Simmons, T.R. Anthony, Ed.
• IH Mod, an MS Excel Suite of Mathematical Tools for Estimating Air Contaminant Concentrations.   Available as freeware free download at:  http://www.aiha.org/insideaiha/volunteergroups/EASC/Pages/EASCTopics.aspx

Important Certification Information

This Webinar is pending ABIH approval for 0.33 IH certification maintenance (CM) points, has been awarded 0.20 continuance of certification (COCs) points and provides 0.20 continuing education units (CEUs). The eLearning Program works with our accrediting bodies to insure compliance with all policies and (ANSI) standards. AIHA's eLearning Program requires the following for any participant seeking CM points, COCs and CEUs:

• completion of a final exam  
• payment of a $35 processing fee for records retention and Education Transcript update
• submission of a course evaluation

All educational transcripts (certificates of completion) will be available for download from AIHA’s website 3-4 weeks post-webinar.  Materials submitted after these deadlines will not be accepted without a late processing fee*.

• Live Webinar - Within TWO MONTHS of the presentation. 
• Webinar Archive - Within TWO MONTHS of the archive purchase. 
• Local Section eLearning Subscription Members - February 28, 2013*.
• A Late Processing Fee is now required for any participant submitting materials after the specified deadlines noted within handout materials. Late Processing Fee details and instructions.

Final exams will be scored as follows:

• 70% > will receive course credits awarding CM points, COCs, and CEUs. 
• 69% < will be notified of their score and made aware of their options directly. 

If you’ve further questions regarding this please feel free to contact AIHA’s eLearning Program Manager, Cinthia Minan. *Processing fees do not apply to Local Section eLearning Subscription Members.

presenter bios

Thomas W. (Tom) Armstrong, CIH, PhD
Tom has his BS in Chemistry, MS in Environmental Health and PhD in Environmental Engineering, all from Drexel University, where he is now also an Adjunct Professor in the School of Public Health.  In 2008 he retired from ExxonMobil Biomedical Sciences, Annandale NJ, where he was a Senior Scientist in Exposure Sciences.  He continues his professional work in independent practice (TWA8HR Occupational Hygiene Consulting, LLC, www.twa8hr.com.)  He completed and published several exposure assessments for epidemiology studies.  He is Chair (2010 to 2012) for the American Industrial Hygiene Association’s (AIHA) Occupational Epidemiology Committee.  He has contributed to several chapters on that committee’s 2009 publication on exposure reconstruction for epidemiology.  He is also an active member of the AIHA Exposure Assessment Strategies Committee, especially in their mathematical exposure modeling activities.  Recent activities in that committee include continued development of modeling tools, teaching a mathematical modeling PDC, and contributing to the 2nd edition of a book on mathematical modeling for industrial hygiene applications.  He has also been active in risk assessment research projects, including microbial risk assessments and appropriate means of validating risk assessments.

Michael A. Jayjock, PhD, CIH
Mike is a Senior Analyst for The LifeLine Group and LINEA Inc.  Mike also has his own LLC (Jayjock Associates).   Mike has an M.S. and Ph.D. from Drexel University in Environmental Engineering & Science and he is board certified (ABIH) in the Comprehensive Practice of Industrial Hygiene.  His primary research interest includes the development of better-estimating and more cost-efficient human exposure models.  He has been active in the publication of his work and in participating on various committees of the EPA, International Society of Exposure Assessment, American Industrial Hygiene Association, the National Academy of Science and the European Union.

Michael Taylor, Esq.
Michael is a member of the OSHA Practice Group in the Washington, DC office of Pillsbury Winthrop Shaw Pittman LLP.  He focuses on all aspects of occupational safety and health law. He represents employers and trade associations during federal and state OSHA enforcement litigation and rulemaking proceedings. He also provides OSHA inspection counseling, safety and health compliance counseling, catastrophe management, safety and health audits, safety and health due diligence reviews, and whistleblower representation for clients. He also represents employers and trade associations in a wide range of industries, including, but not limited to, health care, chemical, petrochemical, electric utility, manufacturing, construction, and food services industries.
 
Michael previously served as Acting General Counsel of the Occupational Safety and Health Review Commission, the federal administrative agency in charge of adjudicating safety and health workplace disputes between OSHA and private industry. He also served as Chief Legal Counsel and Special Advisor to W. Scott Railton, Chairman of the Occupational Safety and Health Review Commission