Legal Issues in Occupational Ergonomics - Fundamentals and Assessment Tools for Occupational Ergonomics - page 31

3
Legal Issues in
Occupational
Ergonomics

3.1 Introduction ............................. 3-1

Objectives of the Law † Human Fault † Liability
Prevention † (Your) Involvement with the Law
3.2 Human Factors Testimony ................... 3-3

Typical Testimony † The Prediction of Behavior

3.3 Forensic Issues ............................ 3-5

Business Records † Description of the Discipline † The
Failure of Daubert † Junk Science † Differential
Diagnosis † Root Cause † Cognitive
Impairment † Complexity
3.4 Court Appearances . . ...................... 3-9

Full and Timely Disclosure † Organized
Files † Criticism † Records Requested from Expert
Witnesses † Fees † Personal Opinion
Testimony † Proffered Testimony

George A. Peters
Barbara J. Peters
Peters and Peters 3.5 Bias .................................... 3-15

3.1 Introduction

3.1.1 Objectives of the Law
The law serves a vital function in complex social settings. It provides the standards or guidelines that
define acceptable or unacceptable human behavior. Human conduct that transgress the limits is con-
sidered a violation of the law and the transgressor could face civil or criminal penalties. The legal
system has been established by society in a form thought best to meet the needs for a harmonious,
efficient, evolving, and beneficial social order.
Modern technology has imposed profound social demands or forced radical transitions on a
human civilization that now interacts on a worldwide basis and has become more socially interdepen-
dent. The legal system that exists in every governmental jurisdiction and at every level of organized
society must constantly adapt to changing demands, so there has been and will be a continuing effu-
sion of controlling laws. Yet, there is an old dictum that ignorance of the law is no excuse. Without
the dictum most of the laws would be conveniently ignored. With the dictum, there is presumed
awareness and an incentive to learn and comply with the relevant applicable laws pertaining to a
human endeavor.

3-1