testing personnel welders / ndt

By Terry Vititoe 2 (*)

Date 10-19-2010 19:04

I don't know about liability, but every place I've worked tested before employment.

By 803056

Date 10-19-2010 22:45

Trapdoor has it right. It is a matter of liability. Worker's comp protects the employer from suites filed by the employee that is hurt on the job. A person walking through the shop that is injured by a trip, fall, flying objects, etc. has a great case against the company. An individual (visiting a facility, nonemployee) that is assigned to do work of any kind can nearly own the company if anything happens in the course of doing the assigned task.

It is in the employer's best interest to hire the individual and making employment contingent upon passing the required performance test. The new employee is on probation for a number of weeks and can be terminated for any reason. Making it (passing the performance test) a condition of employment protects the employer from legal liability should anything happen while the individual takes the test.

Let's face facts, every employee is a walking talking liability to a company. The types of injuries and accidents that can occur during the course of employment are endless. Every company has a fiduciary responsibility to protect themselves.

Best regards - Al

By Milton Gravitt (***)

Date 10-19-2010 22:51

Could they sign in as a visitor and give them a welding test. Would that be covered by the Ins.

M.G.

By jsdwelder (***)

Date 10-19-2010 23:09

I would think that the company would have liability insurance to cover anyone on their grounds. I would agree that there might be more of a risk of someone getting injured while performing a weld test but you could have a person signed in just as a visitor who could trip, fall or even choke on a piece of hard candy in a dish in a reception area. I know our company has liability insurance for anyone who is on our property. It would surprise me if someone didn't in this sue happy world.....Dowee, Cheatum and Howe Law firm!!

By js55

Date 10-20-2010 11:08

Companies have visitors and people passing through production areas all of the time. There are certain measures that can be taken to protect against liability in these cases such as having to review a training film, isolating testing stations, etc. I go in and out of plants all of the time without being an employee. I am constantly reviewing safety films. Testing welders can be subsumed under the same system and the company is protected. The HR just haven't done their howmework or just refuse to be flexible. But non employees go into risky environments every day all over the country without undue liability risk to the company if the company has the proper plan in place which is certainly cheaper than hiring every swingin yahoo that comes toolin in. IMO.

By Terry Vititoe 2 (*)

Date 10-20-2010 09:12

When I had my Mom & POP operation I had Liability Ins, but when I work at certain companies I had to sign a "waver of Subrogation" see def: (the substitution of one claim for another, especially the transfer of the right to receive payment of a debt to somebody other than the original creditor). My Ins company thought I was nuts, because it means that what ever happened I couldn't sue, even if it was the other companies fault. I just needed the work, and it never was an issue (lucky I guess). I'm not that savy on the latest do's & don'ts, but it seems wrong for someone to walk in the door with a good line of B&^%$T, and get paid!!! We all know that documents can be forged, or bought but I'm from Missouri, show me. Thoughts???

By eekpod

Date 10-20-2010 14:03

When I test applicants(before they are hired) I make sure someone is always in the area and aware they are testing and to keep an eye on them not only from a test persepctive but also a liability. But NO WAY would we EVER hire a guy before we test them, aint gonna happen.

By swnorris (****)

Date 10-20-2010 16:37

If they make it through the welding test without getting hurt, they also pass the safety test.

By 803056

Date 10-20-2010 20:57 Edited 10-20-2010 22:40

There is a difference between a visitor walking through a plant and getting injured because of a trip, choking on a piece or candy, etc. and a person that is asked to perform "work" that is not an employee or a contractor.

A contractor usually has to have insurance as a condition of getting a contract to perform work on-site. That insurance covers the contractor's employees should an accident occur and an injury results.

While the laws vary from state to state, the workers compensation system is nearly the same in every state. Basically the employee gives up the right to file a legal claim against the employer. In return, the employee gets immediate compensation if an injury is sustained on the job. There is no need to hire a lawyer or wait until the claim has been processed by the court system.

If a worker sustains an injury that can be attributed to a third party (someone other than the employer), the injured party can initiate legal action. Once the case is heard by the court and a payment is made, the injured party has to pay back any monies collected from the workers compensation system. Even if the worker sustains an injury that is attributed to the actions or inactions of the employer, the employee can rarely initiate legal action against the employer unless there is some really outlandish actions taken by the employer.

Test the welders as they walk in the door as a condition of employment if you want to, but I'm telling you in clear simple language that they will own a piece of your company if they have half a brain, a good lawyer, and they are injured while taking the welder performance test.

Before discounting what I have to say, call your insurance carrier and check to see if a job applicant is covered for injuries sustained while taking your test before being placed on the payroll. It is better to check and verify you are protected than to find out your insurance doesn't cover you after the accident occurs. More than likely it isn't even a toll call.

Many of my clients will not allow me to touch a piece of equipment, move test samples, etc. while I'm in their facility because of the legal implications should I get hurt as a result. It isn't a union issue, it is an insurance issue.

Fault HR if you want to, but many of them have been schooled on this subject. My daughter's sister-in-law is the Director of HR for a large multinational company and some of the stuff she tells me is an education in what can and cannot be done legally.

Best regards - Al

By Terry Vititoe 2 (*)

Date 10-21-2010 10:00 Edited 10-21-2010 10:08

Thanks Al
It looks like I struck a nerve with this issue, because a lot of people including myself are confused. I've been involved in litigation before & the court system is not a place for JUSTICE believe me, but that’s my own opinion. I guess it boils down to what you said do the research with your own Insurance company & weigh the possibilities.

By jon20013 (*****)

Date 10-21-2010 11:49

I've been in the field for 35+ years and the ONLY company to ever hire me (as a welder) BEFORE my test was Boeing and that was a maintenance welding position, not on airlines, lol. Sounds like a company issue, I don't think your out of touch at all. As far as the liability stuff, bah humbug.