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Welding Expert Witness

Vident Partners provides vetted welding expert witnesses for cases involving weld failures, welder qualification and inspection, hot work fires and explosions, welding fume exposure, and code compliance on structures, pipelines, pressure equipment, and vehicles nationwide. Request a referral today.

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About Welding Expert Witnesses

A welding expert answers one of two questions. Did this weld fail because of how it was made, or did welding work start the fire or expose the worker? The first is a question about metal, procedure and inspection. The second is about controls around hot work. A good expert works from the fracture, the procedure qualification, the inspection records and the code that applied. This page covers welds and welding practice. Why a metal broke in general belongs to a metallurgist or failure analyst, and fume-related illness belongs to an occupational physician.

Weld Failures

The best known example is the 2010 San Bruno pipeline rupture. The NTSB found that the rupture was caused by a fracture that originated in the partially welded longitudinal seam of a short pipe section 1. The Board determined that the probable cause included inadequate quality assurance and quality control in 1956, which allowed the installation of a substandard and poorly welded pipe section with a visible seam weld flaw that grew over time to a critical size 1. It noted that the fabrication would not have met generally accepted industry quality control and welding standards then in effect 1. Two lessons recur in weld cases. A flaw may sit for decades before it fails, and the standard is the one in force when the work was done.

The analysis usually moves through these steps:

  • The code. Which code or standard governed the work, by contract or by law
  • The procedure. Was there a qualified welding procedure for this joint, material and position?
  • The welder. Was this person qualified for this process, and was that current?
  • The inspection. Who inspected, by what method, and what do the records show?
  • The failure. Fractography, hardness, and metallography of the actual weld

Pipelines show how specific those rules can be. Under 49 CFR 192.227, each welder or welding operator must be qualified under listed sections of API Std 1104 or section IX of the ASME Boiler and Pressure Vessel Code, with stated exceptions 2. Under 49 CFR 192.241, visual inspection of welding must be conducted by an individual qualified by appropriate training and experience, to ensure the welding followed the procedure and the weld is acceptable 3. Structures, vessels, ships and vehicles each have their own codes, and the contract often names one.

Hot Work Fires and Explosions

Many welding claims are about the sparks. OSHA's general industry rule says management must recognize its responsibility for the safe usage of cutting and welding equipment on its property and establish procedures 4. Before cutting or welding is permitted, the area must be inspected by the person responsible for authorizing the work, preferably with a written permit 4. Fire watchers are required where other than a minor fire might develop, or where listed conditions exist, such as appreciable combustible material closer than 35 feet to the point of operation 4. A fire watch must be maintained for at least a half hour after the work ends 4.

Work is not permitted in listed situations, including areas not authorized by management, sprinklered buildings while protection is impaired, and explosive atmospheres that may develop inside uncleaned or improperly prepared tanks 4. Construction has its own rule: drums and other containers that held flammable liquids must be handled under stated precautions 5. So a fire investigator and a welding expert often work together. One addresses origin and cause, and the other addresses whether the job met hot work practice.

Fume and Exposure

Exposure claims look at the process, the metal, the ventilation and the duration. In construction, general ventilation must maintain welding fumes and smoke within safe limits, and local exhaust hoods must be placed as close as practicable to the work 6. For hexavalent chromium, one of the metal hazards an exposure case may involve, OSHA sets a permissible exposure limit of 5 micrograms per cubic meter, with an action level of 2.5 7. IARC's Volume 118, published in 2018, addresses welding 8. An industrial hygienist usually measures or reconstructs the exposure, and a physician addresses causation.

Who Is Qualified, and Who Does What

Look for a certified welding inspector, a welding engineer, or a metallurgist with hands-on experience with the code at issue. Ask about direct work on the process in dispute, since pipeline, structural and pressure vessel practice differ. A failure analyst addresses the fracture. A fire investigator addresses origin and cause. A safety engineer addresses hot work programs, and a structural or mechanical engineer addresses how the failed weld affected the wider system.

OSHA's general industry rule requires fire watchers where appreciable combustible material sits closer than 35 feet to the point of operation, and a fire watch must be maintained for at least a half hour after the work ends.

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Common Case Types

Structural weld failures in buildings, bridges, and cranes

Pipeline and pressure vessel weld failures

Hot work fires and tank explosions

Welder qualification and inspection record disputes

Welding defects in vehicles, trailers, and equipment

Welding fume and hexavalent chromium exposure claims

Arc flash, electrocution, and burn injuries

Construction contract disputes over defective welding

Qualifications to Look For

  • Certified welding inspector, welding engineer, or metallurgist credentials
  • Hands-on experience with the process and code at issue
  • Experience with procedure qualification and welder qualification records
  • Ability to direct or interpret fractography and metallography
  • Knowledge of OSHA hot work and welding standards
  • Experience with nondestructive examination methods and reports
  • Prior deposition and trial testimony in failure or fire cases

Frequently Asked Questions

What qualifications should a welding expert witness have?

Look for a certified welding inspector, welding engineer, or metallurgist with hands-on experience in the process and code at issue. Pipeline, structural, and pressure vessel practice differ. Ask whether the expert can direct lab work on the failed weld and read procedure qualification records.

How do you determine why a weld failed?

An expert identifies the governing code, then checks the procedure, the welder's qualification, and inspection records, and examines the actual weld by fractography and metallography. The NTSB's San Bruno report shows how a weld flaw can sit for decades and then grow to a critical size.

Is a fire watch required for welding?

Under 29 CFR 1910.252, fire watchers are required where other than a minor fire might develop or where listed conditions exist, such as appreciable combustible material closer than 35 feet to the point of operation. The watch must be maintained for at least a half hour after the work ends.

What is the OSHA limit for hexavalent chromium?

Under 29 CFR 1910.1026, the permissible exposure limit in general industry is 5 micrograms per cubic meter, with an action level of 2.5. An industrial hygienist usually measures or reconstructs exposure.

Which standard applies to an old weld?

Usually the one in force, or named by contract, when the work was done. In San Bruno, the NTSB said the 1956 fabrication would not have met industry quality control and welding standards then in effect. An expert should identify which edition applied before saying a weld was deficient.

How much does a welding expert witness cost?

In general, welding expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are hands-on experience, inspection credentials, forensic experience, laboratory needs, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.

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