Human Fatigue Expert Witness Testimony

Substantial judgments have been issued, and employers have been held responsible for imposing a work schedule -- or overtime shifts -- judged to induce human fatigue and error. That is why many companies consult with a fatigue expert.

At the same time, many companies are trying to escape the burden of excessively restrictive Hours of Service and working hours regulations. With the help of a human fatigue expert, they campaign for revisions to regulations by seeking waivers and exemptions from current work-rest regulations. Other companies face product liability suits, and may benefit by examining whether fatigue impairment is key to the lawsuit.

Claims of human fatigue impairment are a rapidly expanding area of accident, injury and working hours litigation. Employee fatigue impairment on the job, or even driver fatigue on the commute home from a shift, is increasingly claimed as the proximate and primary cause of many major accidents. This has resulted in substantial judgments -- employers have been held responsible for imposing a work schedule, or overtime shifts judged to induce fatigue impairment and human error.

If this is your situation:

  • You are defending a lawsuit where human fatigue or driver fatigue impairment, or Hours of Service violations are claimed in a transportation, or industrial workplace accident.
  • You suspect another party in a lawsuit may have been impaired by fatigue and need an expert confidential assessment.
  • You have a disciplinary hearing on a workplace incident and need human fatigue expert support.

How CIRCADIAN® Expert Services can help you:

CIRCADIAN® Expert Services has world-class scientific expertise on human performance factors and fatigue. We intimately understand the realities of extended hours operations in transportation (road, rail, marine, air) and other 24/7 businesses (utilities, chemical, oil, manufacturing, communications). We have an outstanding track record in North America and Europe. We support:

  • Discovery phase consultation, ensuring the best possible materials to allege or dispute a claim of impairment.
  • Scientific literature review and documentation.
  • Opposing impairment expert’s reports/deposition critique.
  • Consulting and Expert Witness testimony in lawsuits in Federal and State courts.
  • Appeals and Hearings before administrative tribunals.
  • Expert support in mediations and negotiations.

Human fatigue is at the crux of any discussion involving regulatory challenges of Duty or Work-Rest Rules, Working Time Directives, Extended Work Hours, and Overtime. Twenty-first century business and industries are burdened by a thicket of outdated Federal and State regulations and statutes on Duty-Rest Rules, Working Time Directives, Extended Work Hours, and Overtime, often dating from the early 1900’s when the business environment was vastly different than today’s. Even recently introduced regulations like the trucking Hours of Service regulations, may include inflexible rules that do not reflect the operational issues of specific businesses, or the current science of human fatigue.

Both the science of human fatigue and the technology of business practices in a 24/7 global economy have advanced considerably. Many of the out-dated laws and regulations in effect today are redundant and add costs and restrict business' flexibility, while they do little to legitimately promote employee safety, health, and welfare. In addition, there are considerable differences between the various types of businesses and logistics operations within the same industry, but very often the laws and/or regulations governing them are the same. As a result, employees may find themselves faced with an impossible choice of operating either illegally and safe, or legally but unsafe.

If this is your situation:

  • You are seeking relief from government or state working hours regulations.
  • Your company wants to reverse an adverse ruling on working hours.
  • Your company wants to create the most effective travel routes and duty-rest schedules, while ensuring compliance with duty-rest rules.

How CIRCADIAN® Expert Services can help you:

CIRCADIAN® Expert Services support :

  • Applications for waivers and exemptions from Federal or State Regulations.
  • US Congressional Expert Witness Testimony.
  • Consultation in the development of travel routes and duty-rest schedules ensuring compliance with work-rest regulations and minimizing employee fatigue.
  • Mediate solutions to management-union impasses.

CIRCADIAN®'s human fatigue experts can provide expert research-based testimony and expert scientific opinions on whether fatigue impairment or inattention is a causal factor in a transportation or industrial accident.

Business and industry are burdened by a thicket of outdated Federal and State regulations and statutes on Hours of Service, Duty-Rest Rules, Working Time Directives, Extended Work Hours, and Overtime, often dating from the early 1900s when business conditions were vastly different.

Both the science of human fatigue, and the technology of business practices in a 24/7 global economy have advanced considerably, making many of these laws and regulations redundant, so that they add costs and restrict business flexibility, but do little to legitimately promote employee safety, health, and welfare. Today, human fatigue is at the crux of almost any discussion involving work hours litigation.

Even recently introduced work hours regulations may include cumbersome, “one size fits all” rules that do not reflect the operational issues of specific businesses, or the current science of human fatigue. There are often considerable differences between the various types of business and logistics operations within the same industry, but all are governed by the same law or regulation. As a result, employees may find themselves faced by the impossible choice of operating either illegally and safe, or legally but unsafe.

<h3>If this is your situation:

  • You are defending a lawsuit where work hours (e.g., Hours of Service, Duty-Rest Rules, Working Time Directives, Extended Work Hours, and Overtime) are at issue.
  • An employee is making a workers’ compensation claim based on working hours.

 

CIRCADIAN® delivers workforce solutions for business that work around the clock.

Find out how our performance and safety experience can help you.