Author Topic: Legal Question for any Lawyers  (Read 1972 times)

Dmy0013

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Legal Question for any Lawyers
« on: January 31, 2016, 10:17:14 AM »

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« Last Edit: April 13, 2016, 09:31:50 AM by Dmy0013 »

Tabitha

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Re: Legal Question for any Lawyers
« Reply #1 on: January 31, 2016, 10:30:59 AM »
Quick Question,

I work for a Rail transportation company as an entry level site supervisor.
... conductors come to us as already qualified conductors from some of the major railways
...
My question is, if I sign off on these employees as being capable to work on their own and then their is an accident causing harm or death.  Can I be held responsible in any way?

Not a lawyer and don't even play one in TV.
Under Ontario health and safety legislation, the new employees' previous experience is moot if they haven't received current health and safety training at your employer. Are you signing off as the "competent supervisor"? That has a specific meaning. Have you had YOUR supervisory health n safety training?
Does your company have a health n safety committee? Can you talk to the employER cochair about your discomfort?
If you're looking for free advice, you can always call the ministry of labour and ask to talk to an inspector. You don't have to identify yourself or your company to ask about responsibility and liability from their POV.

Dmy0013

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Re: Legal Question for any Lawyers
« Reply #2 on: January 31, 2016, 10:37:49 AM »
I am qualified conductor.  That is it, I have no training of any sort in regards to qualifying employees.  I have no training in a health and safety roll.

And yes I would be signing off as the Supervisor and it is 100% my responsibility by signing off on these guys that they are competent in their daily tasks.  I am very concerned that I am taking a HUGE RISK putting my name down on paper.
« Last Edit: January 31, 2016, 10:39:28 AM by Dmy0013 »

Le Poisson

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Re: Legal Question for any Lawyers
« Reply #3 on: January 31, 2016, 10:40:33 AM »
Yeah - agree with Tabitha - you need to look up the definition of 'Competent person' under the OHSA and determine whether you are one for the job being asked of you. Beware though, once you receive training and are considered competent, you are on the hook. Right now if something goes wrong, your supervisors likely take the liability as the competent persons. Are you in a management or union role? This may also have some bearing.

I too am not a lawyer.

Dmy0013

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Re: Legal Question for any Lawyers
« Reply #4 on: January 31, 2016, 10:50:20 AM »
Management, the company does not have a union either.

I have been able to avoid signing off on anyone so far