There are some hidden dangers of administering a welder's test before actually hiring the individual. The biggest danger is that they hurt themselves while testing, i.e., eye injury, cut or gouges while grinding, stumble, trip or fall, etc. They are not covered by workers compensation which leaves the company, and maybe even the individual responsible for asking the welder to take the test, open to a legal action. The welder may be eligible to an early retirement package compliments of the company and yes, the welder may even get to live in the house or the vacation home you used to own.
Hire the individual, make him/her a welder's helper, and then administer the performance test. The company and you are then protected by the worker's compensation laws of your state. After all, that's what the worker's compensation laws are for, to protect the company from legal action from the employees that get hurt on the job.
Best regards - Al
Al,
At one company I used to work for they had them sign paperwork that entailed what was involved in the test, and the safety guidelines. In that package was a release form that was written up by the company's legal department. Supposedly this would release them of liability if the prospective employee injured themselves. This resulted from a test we gave a guy. He started testing at about 10:30 am. Lunch time rolled around and he left. When he came back, he went back to testing and after about 20 minutes went by, the guy observing the test came to me and informed me that he felt this guy had a "liquid lunch". I went out and talked to the guy, and indeed it was apparent that he had hit the bottle for lunch. Needless to say, I escorted him to the front gate. Notified HR of what had happened and they ran it up the flag pole.
Were they still possibly leaving themselves open for trouble?
jrw159
Even with the mobo jumbo, it is difficult to defend against a non-employee that is hurt in "your" facility. This is especially true if they are being directed to do something by a staff member of the company.
The owner is liable for any injury sustained on their premises, even when an individual "signs" his/her rights away. All they have to do is say they didn't understand all the legalities involved and the courts will usually favor them because they are not expected to be legal eagles and they didn't have legal representation when they were under pressure to sign it. Can you imagine a situation where the prospective employee follows the directive of a foreman or shop supervisor and loses his eyesight and the company says, "It's OK, we're not liable because he signed this paper!" I don't believe any court would find in favor of the company.
There is a term that applies, but I'll be darn if I can remember what it is. It simply means there are circumstances where an individual can not give up their legal rights by signing a contract/agreement that does not comply with state or federal laws.
Every state is different, worker's compensation laws are written to protect the employer. Without that protection, the company is a lawyers dream come true when it comes to injuries sustained by a non-employee. Even when the individual is a "trespasser", if they get hurt, the owner usually pays dearly.
Best regards - Al
Al,
It does make sense. Thanks for the sage advice.
jrw159
Al,want the company's liability insurance cover an accident. When we have visitors they have to sign a sheet and they get there PPE before they enter the shop.
MG
I don't know if it applies to this or not, but, I think Wal-mart, McDonalds and any other business that has been sued for injuries occurring on their property could probably tell you that you can still be sued, and these law suits are by people who, of their own choosing go on to these premises, also these same businesses post signs "not responsible for injuries", so i would say use your better judgement and do what you feel is best for your company, I myself have had prospective employees come in and do a quick weld coupon for me just so i know he can at least run a bead and do some non-coded welding. but if I needed someone to come in and go right to work on a gas line or steam line I would be a lot more selective and use resumes and references as to the level of their experience, also preferably a recent certification. hope this helps, Steve