Can ohs be bought off ???

[ponyboy]

1st access to my laptop (MUCH NEEDED ADVISE ) ....Two weeks ago at 10 am I was in a serious work related accident in Drayton Valley . the weather was bad , so I did not get to Edmonton until 9 pm , staying awake through the whole ordeal , where I spent countless hours in surgery , I wont go into details just yet , but that I am still in the hospital with a broken left femur , a shattered right elbow , broken tibia and fibula on my left fore arm , and a broken nose .... I was working in the yard , "company name withheld ", not in the field , but still on a Penn West ticket when this happened . I have 7 witnesses' all with different statements . mine has yet to be written . since day one I have yet to see either of the 2 Penn West inspector's that where overseeing the project , no Penn West representatives , no statements , no mandatory drug test , no safety rep from either PW or company I work for ( name withheld for now) , and NO OHS ... I am a subcontractor , and have been with same company for 5 years , they say they will look after me , have you ever heard of this ???? .... should this be investigated ?? is there a time frame when OHS steps in ??... who should I trust ??... do I need a lawyer ???? should I be patient and wait a while ??? should I be the only one dragged under the bus ????? anybody have this happen , and if so , what where the results ........ meds are kicking in goodnight ,

 

[john s]

Wow sorry to hear what happened I don't have any input into your situation. But get well soon thoughts go out to you.


Sent from my iPhone using my fingers.

 

[Burns]

Don't quote me but I believe because you were in the yard this is out of penn wests area of responsibility. The company you were subcontracting to is the one that needs to be dealing with it. Depending on what happened will depend on who gets involved. Again this is just my take on what I understand - by no means an expert.

Hope it all works out and you get well soon.


Sent from my iPad using

 

[maierch]

Because you're a sub contractor don't you have to carry your own WCB and submit claims accordingly? If you've been in the hospital for more than 48 hours it should be an OH & S investigatable incident. I'm sure that there are a few safety professionals on here that will chime in as well.

Best of luck with your recovery.

 

[kimrick]

PonyBoy. I have put the reference below for your review.
This is a mandatory report and report to OH&S. 18(1) basically states who should report.
Safety reps should have been on location and area of accident should have been immediately cordoned off for investigation and not disturbed till OH&S has either visited the location or given clearance to unsecure area.
This may have or the ball may be rolling while you have been transported to hospital or while you are in there.
There is nothing stopping you or a family member from directly reporting to OH&S as you are a subcontractor who also holds a responsibility to report. (I suggest you or someone on your behalf to give OH&S a call to see what you should do or talk with the officer in charge).
I always recommend all our subs to also report serious incidents to OH&S and also start the ball rolling with your WCB reporting.
I am almost sure that this has been reported by your employer/prime contractor..
As a safety professional in alberta workplaces, it has always bothered myself when companies do not visit injured workers in hospital.
Give the company you were working for a call and see what they have done, reported to, etc.
It is hard to give full advice in your situation without all the full working knowledge of the facts from both sides.
Further questions can be sent through PM.

Chin up and all the best in a speedy recovery.
​

18​

(1) If an injury or accident described in subsection (2) occurs ata work site, the prime contractor or, if there is no prime contractor,the contractor or employer responsible for that work site shallnotify a Director of Inspection of the time, place and nature of theinjury or accident as soon as possible.​

(2)​

The injuries and accidents to be reported under subsection (1)are(a) an injury or accident that results in death,(b) an injury or accident that results in a worker’s beingadmitted to a hospital for more than 2 days,(c) an unplanned or uncontrolled explosion, fire or flood thatcauses a serious injury or that has the potential of causinga serious injury,(d) the collapse or upset of a crane, derrick or hoist, or(e) the collapse or failure of any component of a building orstructure necessary for the structural integrity of thebuilding or structure.​

(3)​

If an injury or accident referred to in subsection (2) occurs at awork site or if any other serious injury or any other accident thathas the potential of causing serious injury to a person occurs at awork site, the prime contractor or, if there is no prime contractor,the contractor or employer responsible for that work site shall(a) carry out an investigation into the circumstancessurrounding the serious injury or accident,(b) prepare a report outlining the circumstances of the seriousinjury or accident and the corrective action, if any,undertaken to prevent a recurrence of the serious injury oraccident, and(c) ensure that a copy of the report is readily available forinspection by an officer.​

 

[rsaint]

I sub thru a company quite a bit and from what I read from you is you would be under your WCB and company you are working for safty program and hopefully all paper work was filled out tailgate meeting ect. Have not heard much good about the company you mentioned.

 

[S.W.A.T.]

I honestly hope you have a speedy recovery.

Your a sub contractor............Pretty much means your on your own. Not to sound heartless. Sorry man.

 

[kimrick]

I sub thru a company quite a bit and from what I read from you is you would be under your WCB and company you are working for safty program and hopefully all paper work was filled out tailgate meeting ect. Have not heard much good about the company you mentioned.

Basically you are correct.
Every company is differn't when it comes to subcontactors though. This will depend on the contract you signed with them before working for them.
Example: Some companies require subs to have their own safety program or they require subs to follow their programs.

It is very important for sub contractors to understand their responsibilities prior to signing contracts.
Lots of subs are now required to have a COR or SECOR program to be employeed.
Of course the rules and responsibilities all change when when MOU (memorandum of understanding) or contracts are signed with larger companies.
Who is the PRIME CONTRACTOR?
As a sub, this is generally never questioned as you put your faith in the company you are working for and signed the contract with the larger company.
I always reccomend as a sub contractor to review this with your employeer so you know what your required to do and follow.
The problem that I find with a one person sub contractor is that they have only taken their trades training and have never taken the time to attend a few safety courses for their company. (oh&s legislation, WCB legislation, prime contractors, leadership for safety excellence etc. just to name a few.
The general response I hear is that they are workers not safety guys.
As a sub, you are a company and should be aware of your safety responsibilities and legal responsibilities.
When it comes to WCB, this opens up a whole new set of rules.
As a sub if you were directly responsible for causing an injury to another worker, your WCB account could be held liable for the whole claim to the injured worker even if they are employeed by another company. This is becoming more and more prevelant as companies do not want their premiums to increase.
This is a very huge subject and this is only a pin head of information on this subject.

 

[kimrick]

As stated prior ponyboy, I do not know any particulars of your accident.

EG: If it was your fault or caused by negligence of your employeer. (That is for you/the company and the investigation to determine)
I have attached the regulation for claim cost transfer for your reference for WCB.
If you have not contacted WCB yet, I would be doing this immediately this morning.
The hospital/doctor will have already submitted a report aslo if they knew it was a workplace injury.
I would also be asking the company for photocopies of all particulars for your files. (tailgate, hazard assesment, witness statements, accident/injury report of the day of accident)

　
Section 95(2) of the Alberta Workers’ Compensation Act permits a transfer of costs in whole or in part from the accident experience of one employer to another when it is determined the claim resulted from the negligence of another employer or their worker. Negligence is generally defined as "the failure to do, or not do, what a reasonable person would do, or not do, in the same or similar circumstances."
An employer can submit a written request to WCB for a transfer of costs. The applicant employer must clearly identify the alleged negligent employer(s), and provide sufficient information that sets out the negligent conduct or action. Once a complete application has been submitted, the other employer(s) is provided the opportunity to respond. After WCB reviews all relevant information, material and representations, a decision will be communicated to affected employers.
To initiate a request for a cost transfer, fill out the claim cost transfer form (A-638) at WCB Alberta

 

[rsaint]

I sub thru a company quite a bit and from what I read from you is you would be under your WCB and company you are working for safty program and hopefully all paper work was filled out tailgate meeting ect. Have not heard much good about the company you mentioned.

First off hope you have a speedy recovery should be the first thing.

 

[Snowdin]

Definitely get hold of WCB and OH&S as soon as you can. You are not on your own on this. I suspect when the investigation happens the crap is going to hit the fan. No inspector, no safety people, no one reports this. I YI YI. Someone is going to be in big poop. DO NOT LET THIS SLIDE. Get it reported.

All the best for a speedy recovery by the way.

 

[JP.]

OHS needs to know ASAP, they will investigate all contractors involved on jobsite..... Not good

 

[sledderdoc]

PM Dale Dalueg on this site ............. he knows all. And he's a good guy lol.

 

[ponyboy]

Definitely get hold of WCB and OH&S as soon as you can. You are not on your own on this. I suspect when the investigation happens the crap is going to hit the fan. No inspector, no safety people, no one reports this. I YI YI. Someone is going to be in big poop. DO NOT LET THIS SLIDE. Get it reported.

All the best for a speedy recovery by the way.

WCB is already on board , as I have my own coverage.... I was in no position to contact OH@S but I thought by now I would have heard from them ...... the company I contract through is shutting down for xmas , they say they are going to look after me and my family , I wish I knew what they mean by this ....so it looks like I am playing the waiting game for a bit , and this might be a good thing as my wife is stressed right out......... the more peeps that come to visit me the more info I learn , most is good , some sucks

 

[kimrick]

WCB is already on board , as I have my own coverage.... I was in no position to contact OH@S but I thought by now I would have heard from them ...... the company I contract through is shutting down for xmas , they say they are going to look after me and my family , I wish I knew what they mean by this ....so it looks like I am playing the waiting game for a bit , and this might be a good thing as my wife is stressed right out......... the more peeps that come to visit me the more info I learn , most is good , some sucks

Like I stated previously. I am a safety consultant and if you need any help, just PM me and I will try to assist with straight up information.
You have a long rode to recovery, take each day as it comes!
God bless you and your family during this stressful situation.
Merry christmas big guy!

 

[ponyboy]

Thanks kimrick I will

 

[kbrunlees]

Which hospital are you at? Do you need anything?

 

[Puba]

Your in a sticky spot, this could go down a few ways.

My advice for what it's worth;
Your a sub so your under your own WCB, notify them immediately NOW.

You are in essence your own employer (sub) so the company you have your contract with should have notified Workplace HS since it's obvious they didn't (someone would have called you by now) make the fawking phone call ASAP cause by the actions of your contract holder they're gonna try to blame this on you that's why you haven't seen anyone!

Start making the two phone calls ASAP cover your bases the longer you wait the more uncertainty it creates in the mind of WCB and Workplace.

Speedy recovery

 

[summit1974]

doesn't matter that your a sub contractor…the prosecuting officer will do an investigation .this is mandatory with any injury that causes a worker to stay over night in the hospital.Those liable are guilty until they can prove themselves innocent .It is not like criminal law where the accused is innocent until proven guilty.Fines for trying to mess with an OHS investigation can be as high as 500 000 dollars.they just keep going up the totem pole to collect these monies.they will sees bank accounts faster and with more ease than RC.With that being said I hope you have a speedy recovery and are able to get back to normal as soon as you can

 

[teeroy]

just a thought on WCB....if your employer is somewhat liable DO NOT fully sign off on anything WCB offers to take care of. a good friend of mine is going through this same thing right now. his employer has a very good insurance policy that would have covered him well, but because WCB stepped in and took charge he cannot sue anyone including the employer, and WCB decides when you are "better". he is far from being able to continue on as he was before, and is losing his farm because he is unable to function as he once did despite WCB saying "yes, we think you are all better. go back to work"

explore all your options man, don't be quick to commit to the first thing WCB says. remember, they are a private company, and are NOT looking out for your best interests. fact