general information · curriculum vitae – march 1, 2015 page 8 of 14 experience – construction...

Homer R. Peterson II, P.E., CSP

Peterson Construction Consulting, Inc.

Curriculum Vitae – March 1, 2015

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General Information Homer R. Peterson II, P.E., CSP provides consulting services to attorneys, insurance carriers, construction companies, and companies engaged in general industry. Mr. Peterson also serves as an arbitrator through the American Arbitration Association (AAA).

Mr. Peterson specializes in occupational health & safety management systems, standards of care, wrongful death, personal injury, negligence, construction, safety, falls from elevation, fall protection, high-rise construction, steel erection, and precast panel erection. His 40 years of construction and safety experience (17 union, 23 non-union) has included airports, bridges, casinos, convention centers, convocation centers, distribution centers, hospitals, hotels, manufacturing facilities, office buildings, paper mills, pharmaceutical plants, power plants, prisons, refineries, schools, stores, shopping malls, sports arenas, steel mills, and warehouses.

See http://www.homerpeterson.com for photographs of representative projects.

Mr. Peterson has served in multiple positions for construction contractors including president, senior vice president, vice president, project manager, and timekeeper. His responsibilities have included estimating, sales, project management, scheduling, expediting, quality, troubleshooting, and administration, plus 20 years in charge of safety and risk management.

Work overseen has included over 350 projects in 21 states of the United States and in Puerto Rico. Work has included new construction, maintenance, renovation, and demolition for owners, construction managers, general contractors, and steel fabricators.

http://www.homerpeterson.com/




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Contact Information



email: [email protected]

Phone: (713) 706-6215 (office), (832) 471-7570 (mobile)

Mail: 1940 Fountain View Drive # 509, Houston, TX 77057

Website: http://www.homerpeterson.com

Services Offered

Subject Matter Expert

Expert Witness

Safety Consultant – Construction, General Industry, and OSHA matters

Construction Consultant

Arbitrator – AAA Construction Panel

Specialties

Safety

Falls from Elevation

Fall Protection

Negligence

Occupational Health & Safety Management Systems

Personal Injury

Standards of Care

Wrongful Death

Construction

Claims

Disputes

High-rise construction

OSHA Matters

Precast Erection

Safety

Standards of Care

Steel Erection

mailto:[email protected]

http://www.homerpeterson.com/




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Table of Contents

Description Page General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Services Offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Specialties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Experience Safety . . . . . . . . . . . . . . . . . . . . 5 Falls / Fall Protection . . . . . . . . . . . . . . . . . . . . 6 OSHA . . . . . . . . . . . . . . . . . . . . 7 Construction . . . . . . . . . . . . . . . . . . . . 8 Cranes and Rigging . . . . . . . . . . . . . . . . . . . . 9 Legal . . . . . . . . . . . . . . . . . . . . 10 Training Safety . . . . . . . . . . . . 11 Alternative Dispute Resolution . . . . . . . . . . . . 11 Professional Licenses and Certifications . . . . . . . . . . . 12 Associations and Committees – Current . . . . . . . . . . 12 Associations and Committees – Past . . . . . . . . . . . 12 Speaking Engagements . . . . . . . . . . . . . . . . . . . . . . . . 13 Industry Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Recognition and Awards . . . . . . . . . . . . . . . . . . . . . . . . 14




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Education

1971 – 1973 Southern Methodist University – BSCE with Honors

1969 – 1970 Rice University

Employment 2012 – Present Peterson Construction Consulting, Inc., Homer R. Peterson II, PE, CSP Consultant, Subject Matter Expert, Arbitrator

1992 – 2012 Peterson Beckner Industries, Inc. Senior Vice President Risk Management 1995 – 2012

Senior Vice President Estimating & Safety 1992 – 1994

1971 – 1992 Peterson Brothers Steel Erection Company President 1989 – 1992 Vice President 1973 – 1989




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Experience – Safety 1. Occupational Health & Safety Management Systems (OHSMS)

Creation of safety programs and policies

Formulation of risk management strategies including insurance lines, liens, and surety bonds

Twenty (20) years in charge of employers’ OHSMS

Management of safety systems – implementation, operation, monitoring, and evaluation 2. Safety Certifications – Certified Safety Professional CSP # 18008

Certification in Comprehensive Practice February, 2004

Specialty in Construction Safety March, 2004

3. Occupational Accidents / Injuries / Illnesses

Fatality

Personal injury, occupational illness

Lost time

Job transfer or restriction

First aid

Near miss incident

Property damage

Third party involvement

4. Accident/Injury Types

Falls / falls from elevation

Dropped objects / struck by

Pinch points / caught between objects

Soft tissue injuries

Crane accidents

Structural collapse

5. Forensic Investigations

Structural steel

Structural precast concrete

Architectural precast concrete

Tilt-wall

Bar joist construction

Metal deck construction

Equipment hoisting lugs

Erection inserts

6. Industry Standards

Standards of Care – service on industry safety and health committees including national consensus standards committees

OSHA 29CFR – General Industry Standards

OSHA 29CFR – Construction Standards

ANSI/AIHA Z10 – Occupational Health and Safety Systems Management

ANSI A10.38 – Basic Elements of an Employer’s Program to Provide a Safe & Healthful Work Environment – American National Standard for Construction & Demolition Operations




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Experience – Falls / Fall Protection 1. Fall Protection Systems

Creation of fall protection programs and policies

Twenty (20) years in charge of employers’ fall protection programs and policies

Management of fall protection systems – implementation, operation, monitoring, and evaluation

2. Industry Standards

Standards of Care – service on industry safety and health committees including national consensus standards committees

OSHA 29CFR – General Industry Standards including o 1910 Subpart D – Walking and Working Surfaces

OSHA 29CFR – Construction Standards including o 1926 Subpart M – Fall Protection o 1926 Subpart R – Steel Erection

ANSI/ASSE Z359 – Fall Protection Code

ANSI/ASSE A10.32 – Personal Fall Protection Used in Construction & Demolition Operations

ANSI/AIHA Z10 Occupational Health and Safety Systems Management

3. Selection, Use, Employee Training, Inspection, and Maintenance of/for Fall Protection Systems and Personal Protective Equipment (PPE)

Fall arrest systems

Fall restraint systems

Boom lifts

Scissor lifts

Scaffolds

Guardrail systems

Static lines – horizontal

Static lines – vertical

Retractable reels

Harnesses and lanyards

Anchorages

Other systems and equipment

4. Industry Certifications

Certified Safety Professional CSP # 18008 o Certification in Comprehensive Practice February, 2004 o Specialty in Construction Safety March, 2004

Train-the-Trainer Fall Protection Certification 1996




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Experience – OSHA 1. OSHA Inspections (69) – management of 69 OSHA cases. For most of the related OSHA

inspections, Mr. Peterson participated in the opening conference, accompanied the OSHA Compliance Officers during their site visit(s), and participated in the closing conference.

2. OSHA Citations (47) – Initially proposed 35 Serious, 12 Other, $18,425 in proposed penalties

3. OSHA Citations Contested (47) – Final results 10 Serious, 18 Other, $1,185 in penalties. Final results were obtained through Mr. Peterson’s personal attendance at informal conferences, negotiations with Solicitors, and trials before Administrative Law Judges.

4. Pro Se Representation – Mr. Peterson represented his company (pro se) before Administrative Law Judges in four OSHA cases having the following subject matter:

Safety belts, lifelines, and lanyards

Abrasive wheels and tools

Cranes and derricks

Steel erection, gas welding, and cutting

5. Testimony – Mr. Peterson testified at two OSHA fact-finding hearings before OSHA negotiated rulemaking committees:

Steel Erection Negotiated Rulemaking Advisory Committee (SENRAC), and

Crane and Derrick Advisory Committee (CDAC)

6. Partnership

Safety and Health Partnership for Excellence (SHAPE) partnership agreement with the U.S. Department of Labor (OSHA) – Mr. Peterson served for 15 years on the AGC Houston Task Force Committee that negotiated and maintained the partnership agreement.

OSHA / AGC SHAPE Associate partnership agreement – On December 16, 2003, Mr. Peterson executed with OSHA the first such agreement in the country for a specialty contractor. Subsequently, he maintained the partnership from 2003 through 2012.




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Experience – Construction 1. General

Forty years in construction as corporate officer, project manager, estimator, expeditor, scheduler, salesman, troubleshooter, timekeeper, and administrator

Multiple project types – airports, bridges, casinos, convention centers, convocation centers, distribution centers, hospitals, hotels, manufacturing facilities, office buildings, paper mills, pharmaceutical plants, power plants, prisons, refineries, schools, retail stores, shopping malls, sports arenas, steel mills, and warehouses

2. Estimating, Sales, Contracts, and Project Management

Estimating including takeoffs and estimates

Sales including proposals, interviews, and closing deals

Contracts and subcontracts including review, negotiation, administration, and closeout

Project Management including planning, budgeting, scheduling, expediting, pricing, billing, changes, change orders, purchasing, production, and means and methods of construction

Fast-track construction

3. Steel Construction

Heavy and complex structures with more than sixty (60) projects of > 3,000 tons/project

Multi-story buildings up to 75 stories tall including twenty-one (21) buildings of 35 stories or more in height

Steel erection work including hoisting, connecting, plumbing, bolting, welding, detailing, truss-work, shoring/false-work, and erection stability

Metal floor deck, roof deck, siding, and flashing

Composite systems construction

Miscellaneous metals, grating, stairs, ladders, bar joists, and joist girders

4. Concrete Construction

Poured-in-place concrete

Structural precast concrete

Architectural precast concrete

Stone-clad precast concrete

Tilt-wall panels

Hollow core planking

5. Claims & Disputes

Changes

Delays, Eichleay formula, extended & unabsorbed overhead

Schedule extension, acceleration, recovery

Productivity loss

Work stoppage




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Experience – Cranes and Rigging 1. Hoisting Equipment – Selection

Site constraints, obstructions

Site power lines

Soil conditions and ground pressures

Crane location and load radius

Crane specifications

Crane configurations

Calculation of weights to be hoisted

Load radius of maximum lift(s)

Crane capacities and load charts

Factors of safety

2. Hoisting Equipment – Setup, Assembly/Disassembly

3. Hoisting Equipment – Use, Inspection, and Maintenance

Cranes – lattice-boom crawler

Cranes – lattice-boom truck

Cranes – telescopic-boom

Cranes – carry-deck

Cranes – tower

Cranes – overhead

Chicago booms

Derricks – guy derricks

Derricks – stiffleg derricks

Forklifts

Gin poles

Hoisting engines – single drum

Hoisting engines – multiple drum

Monkey poles

Roustabouts

Winch poles

4. Hoisting Equipment – Working in Proximity to Power Lines / Power Line Safety

5. Hoisting Equipment – Selection, Use, Inspection, and Maintenance of Accessories

Cables o Running ropes – topping lift, load, and whip lines o Standing ropes – guys

Blocks and hooks

Below-the-hook lifting devices

6. Hoisting Equipment – Accident Investigations

7. Rigging – Selection, Use, Inspection, and Maintenance

Shackles

Hooks

Rings

Slings – wire rope, nylon, chain

Come-alongs




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Experience – Legal

1. Subject Matter Expert for cases involving the following issues:

Standards of care o Construction o Safety

Negligence – gross & comparative

Occupational health & safety management systems

Construction wrongful death

General industry personal injury

Construction claims/disputes 2. Testimony

Testimony and cross examination regarding the use of cranes, derricks, and heavy construction equipment

Testimony and cross examination regarding steel erection

Testimony regarding lattice boom cranes

Testimony regarding fall protection

Testimony regarding construction claims/disputes 3. Pro-se Representation of construction specialty contractor before Administrative Law Judges in

four OSHA cases involving the following subject matter:

Safety belts, lifelines, and lanyards

Abrasive wheels and tools

Cranes and derricks

Steel erection, gas welding, and cutting 4. Alternative Dispute Resolution – Arbitration

AAA Arbitrator for Case Types / Claim Amounts / Panel Sizes / Track Types as follows:

Construction Defects / $2,234,500 / Three-Arbitrator Panel / Regular Track

Construction Defects / $101,000 / Single Arbitrator / Regular Track

Construction Defects / $30,000 / Single Arbitrator / Fast Track

Construction Non-Payment / < $10,000 / Single Arbitrator / Fast Track Documents Only




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Training – Safety 1990 – Present

2012 Design of Lift Beams & Hitches

2012 Lateral Stability

2009 Basic Rigger / Signalperson Certification

2008 OSHA 30 Hour

2005 Crisis Management, Investigation of Serious Accidents

2004 Fall Protection Systems, Bridge Girder Stability

2003 Bracing Requirements, Erection Stability Issues

2002 Sling Inspection & Rigging

2002 Jacking of Steel Structures, Repair & Retrofit, Staggered Trusses

2001 Stability Bracing of Steel Structures

2001 Steel Erection

1999 Train-the-Trainer Forklift

1999 OSHA 10 Hour

1996 Crane Safety

1996 Train-the-Trainer Fall Protection

1991 Hazard Communication & PPE

Training – ADR 2005 – Present

2014 AAA ACE006 Challenges at the Preliminary Hearing

2013 AAA Construction Professionals Guide to Conducting an AAA Arbitration

2012 AAA Fundamentals of Effective Mediation Advocacy

2011 AAA Managing Your First Arbitration

2010 AAA ACE005 Chairing an Arbitration Panel: Managing Procedures, Process, Dynamics

2007 AAA ACE004 Dealing with Delay Tactics in Arbitration

2007 AAA ACE003 Arbitrator Ethics & Disclosure

2007 AAA ACE002 Pro Se: Managing Cases Involving Self-Represented Parties

2007 AAA ACE001 Arbitration Awards: Safeguarding, Deciding & Writing Awards

2007 AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators Module II

2007 AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators Module I

2005 AAA Straight Talk about Construction Arbitration

2005 AAA What Arbitrators Wish Advocates Knew




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Professional 1. Licenses and Certifications

Registered Professional Engineer Texas #60723 1986

Certified Safety Professional BCSP #18008 – Comprehensive Practice 2004

Certified Safety Professional BCSP #18008 – Construction Safety Specialty 2004

Certified Rigger / Signalperson 2009 2. Associations and Committees – Current

American Arbitration Association (AAA) Construction Panel 2007 – Present

American National Standards Institute (ANSI) A10.13 Steel Erection Safety Committee 1987 – Present

American Society of Civil Engineers (ASCE) Construction Institute 2008 – Present

American Society of Safety Engineers (ASSE) Construction Practice Specialty 2003 – Present

American Welding Society (AWS) 1977 – Present

Associated General Contractors (AGC) Houston Safety & Health Committee 1992 – Present

3. Associations and Committees – Past

American Institute of Steel Construction (AISC) Certification Committee 2009 – 2011 Code of Standard Practice Committee 1999 – 2008

Associated General Contractors (AGC) / Iron Workers Local Union # 84 Management / Labor Joint Apprenticeship Committee 1973 – 1988

National Erectors Association Safety & Health Committee 1980 – 1987




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Speaking Engagements 2000 – Present

2014 Resolving Your OSHA Citation

2013 Steel Erection Safety

2012 Emergency Rescue & Rescue at Elevation

2011 What General Contractors Should Demand from Steel Erection Subcontractors

2011 What General Contractors Need to Know About 29 CFR1926 Subpart CC – Cranes & Derricks in Construction

2010 History of the Crane and Derrick Standard

2005 29CFR1926 Subpart R Special Requirements

2001 SENRAC & Fall Protection for Steel Erectors

2001 OSHA – Your Rights & Responsibilities

Industry Service Mr. Peterson has served the construction industry for over 40 years. He has served on numerous national, state, and local committees for organizations such as the following:

American Institute of Steel Construction (AISC)

Associated General Contractors (AGC)

American National Standards Institute (ANSI)

International Association of Bridge, Structural, Ornamental, & Reinforcing Iron Workers

National Erectors Association (NEA)

Texas Building Branch (TBB)

Mr. Peterson testified before the following committees during their respective negotiated rulemaking hearings:

Steel Erection Negotiated Rulemaking Advisory Committee (SENRAC)

Crane and Derrick Advisory Committee (CDAC)

Mr. Peterson has volunteered his services as a trainer on many occasions for training sessions provided by the Associated General Contractors of America (AGC), the Associated Builders and Contractors (ABC), and individual general contractors.




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Recognition & Awards Over a 20 year period in which Mr. Peterson was head of safety and risk management, his companies were recognized for their outstanding safety programs, safety performance, and safety contributions by multiple national, state & regional, and local organizations, as follows:

Recognition & Awards – National 9

Recognition & Awards – State & Regional 13

Recognition & Awards – Local 15

Recognition & Awards – Total 37

Included in the above national awards count are three (3) First Place Construction Safety Excellence Awards (CSEA). These awards were sponsored by the Willis Group and were presented by the Associated General Contractors in 2004, 2007, and 2011.

In addition, in 2001 Mr. Peterson was presented the Ray Lambright Excellence in Safety Award by the Houston Chapter of the Associated General Contractors (AGC) to recognize his personal contributions to safety in the construction industry.