Liability?

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Thread Starter

Clay Robbins

I have been asked by my company to rebuild an old machine. It has no safety features aside from 1 E-Stop button. They want to keep it this way. My question is, am I held personally liable if an operator was to get hurt by this machine since I am responsible for rebuilding it? Or does the liability fall back on the company I work for?
 
repair is usually covered, beyond that when you start making major changes or improvements that is more difficult because major changes can affect safe operation.

If you are doing this under contract, make certain that the owner, or your customer that assumes all liability in directing your work, in writing.

If under hourly wage, your employer carries the liability unless it is defined in writing.

Product liability insurance is so prohibitive, that only the big companies can carry it, and in that case usually self insure.

When someone gets hurt, you can imagine who gets blamed...
 
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Bob Peterson

You are asking a question that cannot possibly be answered with the information you provided. It is both a legal and technical question.

The legal side of it is that pretty much anyone can be sued. Most times employees are insulated from direct liability, but there is no guarantee, especially if the company is not properly insured.

From a technical side, perhaps all the machine needs in the way of safety features is the one e-stop push button. My guess is that even a very rudimentary machine from even 50 years ago has a lot of other safety features. Those safety features may not be real obvious, but they are probably there.

The real question is whether the totality of the safety features the machine possesses is adequate to protect an operator from foreseeable hazards. Until a proper risk assessment is performed, there is no way to determine if that is the case or not.

Another issue to consider is whether the machine is being rebuilt for resale or for internal use. The answer to that question changes things substantially. Employers (and by extension their employees) are generally well protected from civil liability over work place accidents.

--
Bob
http://ilbob.blogspot.com/
 
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Clay Robbins

So you are saying that I as a salaried employee is not at fault, and that the liability falls back onto the company?
 
> So you are saying that I as a salaried employee is not at fault, and that the liability falls back onto the company?

I'm with Bob. You really need to get legal advice.

Peg, one of your friendly moderators
 
Repairing a machine to factory specs sometimes releases one from legal ramifications.

I however believe that safety is everyone's responsibility.

If I am asked to repair a machine that I believe will be unsafe after repair, I will honestly tell management that the machine can NOT be repaired.

It is a moral issue; not a legal one.
 
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Curt Wuollet

Anything I'm real uncomfortable with, I'll do with a signoff from a company officer. Perspectives sometimes change if it's their butt on the line. And it's good to communicate in writing on your concerns. And keep a copy. "Just following orders" should go a long way.

Regards
cww
 
Repairs in kind are exempted from individual liablity as long as you did the work properly, i.e. as in the case of automobile repair.

Now, if you modify the design, because the original parts are not available, now you are a "designer" and that does carry liability.

As an employee you legally work at the direction of your employer. Here again it depends on your states laws. If the employer does not adequately cover or exclude himself from liability, that's a problem. You might also check to confirm that your employer carries workmans comp, and long term disability insurance if he is glossing over those problems.

Faced with high risk, walk the job, it can only get worse.

Atty's are good, but not helpful as a rule unless you have a written contract, or a case to prepare. If you are working as a craftsman, you are only responsible for your own work.

As an engineer licensed in the state where you work, and you sign and stamp drawings, you have clear legal guidelines provided by the state. If you do not follow those to the letter, it can be a life-altering experience, not just a simple slap on the hand.

You are correct to be concerned about safety and if your concerns are not addressed in writing, walk the job.
 
At issue is "re-building" a machine, not a matter of designing it. A craftsman involved in such a task as an hourly employee, is not liable for the design. He does have an obligation to replace the parts properly, and an obligation to report and document safety issues.

If a licensed engineer is involved, or is required for design, it is a totally different story. Either the company assumes the liability in writing, or he does. It has to be clearly defined in writing.

Regardless of the working arrangement, any work that violates safety for you or others, all parties savvy enough to see it, do have a duty and responsibility to advise the employer and or customer and document his concerns. If they are not addressed, whether you are a craftsman or an engineer, you separate your self from the situation.

For example, if a HVAC technical is instructed to install a circulation fan "without" the mandatory safety shutdowns because of part availability etc., parts designed to disable the fan in case of fire, the craftsman has a responsibility to make sure that it is done properly do to the risk to those in that facility. Unions commonly have well established procedures for this.

Most employers circumvent this issue by having suitable licensed engineers supervising major work to insure that the work is safe and done properly. Those less than forthright employers will insure that the least knowledgeable employee does the work...often with high risk to those in the building.

If you are a web-site moderator, then of course you are completely responsible for everything, : )....
 
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