Scientific
Counsel
THE INTERRELATION OF ACOUSTICS AND THE LAW
Questions about acoustics frequently
arise in land use planning, product liability,
workmen's compensation, and compliance with local
and federal land use regulations. Ostergaard
Acoustical Associates provides information and
support in all of these areas. The type of scientific
guidance appropriate to each area is different.
Land Use Planning, State
and Federal Regulation Compliance Ostergaard
Acoustical Associates determines the acoustical
emissions of a proposed or existing project
using measurements and proven models for noise
production and propagation. This allows the
suitability of a project to be evaluated against
objective criteria. The firm often carries
out pre-construction noise surveys which allows
assessment of the potential change in ambient
noise levels. Ostergaard Acoustical Associates
also evaluates the anticipated community response
according to a standard measure proposed by
the EPA, as well as compliance with state,
local, and federal regulations. We prepare
environmental noise impact statements and provide
specific recommendations and methods to reduce
noise impact.
In cases where a project
requires local variances, when defensible,
Ostergaard Acoustical Associates prepares testimony
in support of such applications, and prepares
our client with appropriate questions with
which to examine opposing witnesses on noise
issues.
We also serve as the acoustical
engineer to government agencies and assist
in the development of technically defensible
ordinances.
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Accident
Reconstruction
A common issue in suits related to injury or death is the adequacy
of warning signals. Ostergaard Acoustical Associates determines
warning signal detectability in the presence of other noise.
Standard measures of detectability are used and the distance
at which the signal is detectable (in railroad crossing accidents
for example) or the time for which they are detectable (for moving vehicles)
are precisely calculated. These times can then be compared with recommendations
of standard safety practices in order to calculate warning signal efficacy in
the situation at hand.
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Product
Liability
For
product liability litigation, Ostergaard
Acoustical Associates supports plaintiff
or defense counsel with measurements
of noise emissions of the product.
Testing is carried out with instruments
traceable to the National Institute
for Standards and Technology Transfer
(formerly National Bureau of Standards) according
to appropriate national and international
standards.
Ostergaard Acoustical
Associates evaluates the potential
hearing hazard from products and the
potential for interference with communications
and warning signals. Through engineering
analysis Ostergaard Acoustical Associates
determines if a noise-generating product
should have or could have been mitigated.
If mitigation is possible and necessary,
conclusions can be made as to whether
a prudent design engineer should have
been aware of the need for such mitigation.
In cases related to warning
devices, Ostergaard Acoustical Associates
evaluates the adequacy of the warning
signal for given environments by analyzing
its audibility.
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Workmen's
Compensation
Ostergaard Acoustical Associates provides
screening of claims for compensation
for hearing loss according to the procedures
of International Standard ISO 1999,
Determination of Occupational Noise
Exposure and Estimation of Noise Induced
Hearing Impairment. This procedure
provides an estimate of the probability
that a demonstrated hearing impairment
results from a specific occupational
exposure. As such, we provide attorneys
with an objective basis on which to
decide whether to prosecute or to settle
a claim. Where claims are contested, Ostergaard
Acoustical Associates provides support
to demonstrate both the functional
extent of impairment and the absolute
degree of the hearing loss. The ability
of the claimant to listen in noisy
environments is compared with the ability
of unimpaired individuals to hear under
the same circumstances. Simulations
of each of these are presented in compensation
hearings.
We also implement hearing conservation
programs for employers and evaluate
existing programs according to American
National Standard S12.13-1991, Evaluating
the Effectiveness of Hearing Conservation
Programs, a Standard which we helped
develop.
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