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 Post subject: Who is responsable?
PostPosted: Sat Jan 09, 2010 1:37 pm 
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Joined: Sun Nov 16, 2008 12:01 pm
Posts: 44
Where i work we are to work at 2* and no higher, so when it comes to the switchgear that work is fielded out to a steady contractor that specializes in that type of work. My company has a policy of no live work and claims to use the tables in 70e and labels absolutely nothing. Now if the is a insident with the contractor and his work here where would the responsability lay? Also they use no ppe and rack breakers for a living. Where in 70e would i find that.


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PostPosted: Sat Jan 09, 2010 7:08 pm 
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Joined: Sun Dec 23, 2007 1:44 pm
Posts: 348
Location: Charlotte, NC
The standards require the employer to provide a safe work environment, so in that case I think the primary responsibility should rest on the contractor's employer to insure a safe work place.....but I would not make the mistake to think that the contracting facility will also not be included in any legal proceedings resulting from an incident. After all the larger the available money pool means more to be made by "someone". The facility did "employ" the contractor.


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PostPosted: Sun Jan 10, 2010 8:32 am 
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Joined: Mon Jun 02, 2008 11:58 am
Posts: 1103
Location: Charlotte, NC
There was a recent accident where an EC was killed (Or severly injured, I forget) in a IBM facility. The victim (Or family) sucessfully sued IBM for a huge settlement (Millions).


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PostPosted: Mon Jan 11, 2010 10:32 am 
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Joined: Sun Aug 16, 2009 8:42 am
Posts: 184
Location: Lawrenceburg KY
I would have the contractor management obtain a signed form for energized work consent from the company management. Or, at least a repetitive work permit based on the task and professionalism of the contractor. Moreover, the company should conduct an annual contractor safety instruction/training detailing the company’s safety program and signed documentation. This will not eliminate legal findings against the company but will help the company explain its intent for company safety and indicates to the court due diligence.

The contractor must prove to the client the service people are qualified and has the proper PPE. To the company first and the court second.

In the US the company must inform the contractor of the possible known hazards before the work is conducted.

IF the company does not ask for contractor insurance, qualifications, work standards, etc. and disclose to the contractor the possible hazards of the task the company is going to be hit hard.

The fault can or will be shared by the worker, contractor and company. Normally, the legal guys will look at who has the most money to put out. A small contractor may have limited funds therefore, the attorney may focus on the company’s failure to disclose and provide the contractor the proper information of the known hazards including the possible electrical hazards and potentials. Base this on your power study and one-lines aviable to the contractor.

The blame could be placed in percentages on all involved even the worker or workers. Say the guy (worker) gets hurt. He (the worker) may be found in part negligent, his employer, company the work is being done for and possibility the utility company if so resolved. It gets complicated but let’s say the worker is found 20% at fault and the total legal suit to payout between all other parties is for one million. He will get the 1mil - 20%. Don’t forget the worker will loose an additional 30% or more in legal fees.


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