Contractor Talk - Professional Construction and Remodeling Forum banner

1 - 9 of 9 Posts

·
Registered
Remodel
Joined
·
29,579 Posts
Discussion Starter · #1 ·
Not really a surprise, just a surprise it wasn't thrown out (bold added):

"
The rule in Kansas is simply that “an employer has the duty not to expose his employees to perils which the employer may guard against by the exercise of reasonable care.” And here, there are certainly genuine issues of material fact as to whether [company supervisors] breached that duty by failing to direct off-the-clock employees, including Hines, to stop drinking beer, to stop attempting to detonate a dangerous explosive device, and to leave the premises.
"

http://blogs.wsj.com/law/2014/04/16...over-exploding-potato-gun-he-helped-detonate/


It seems if they're off the clock, but on site, you still have to baby sit them or have liability in some states.
 

·
Registered
Joined
·
1,308 Posts
I'm not surprised. I don't think it's uncommon for guys who are off the clock but on site to chip in here or there and they should be covered in that event.

Get your beer and explosives off the site.

Edit: sounds like a fun place to work though
 

·
Registered
Joined
·
7,076 Posts
I'm the church lady on my job sites. Work or eat lunch or get off site. You can throw a football on the driveway during lunch. All competitive games from soccer to cards go off site, which makes me unpopular with roofers and some other subs.
 

·
Banned
Joined
·
2,247 Posts
We have a recent thread where we argued about allowing employees to drink alcohol during and/or after work and this is the reason I said my employees are not allowed to consume 1 drop of alcohol during working hours nor after work. I also said that the reason I don't allow alcohol is because you will always have one clown who does things he should not.

I say the railroad is responsible for not having a policy that states that employees must leave their work sites the second they clock out.

As for using the Boston Marathon Bombing for an analogy, I think that statement is very sick and it is obvious that if I watched my employees build a bomb with materials stored at my shop then I would be equally responsible for the damage the bomb causes.

The laws and the court case should be simple to come to a conclusion. Try horsing around on railroad property with your friends and you will be told to get off the property because of the liability. Therefore, all supervisors and employees are already aware of the liability issues and there are no special insurance rules for employees who are off the clock.
 

·
Super Moderator
Joined
·
11,937 Posts
We have a recent thread where we argued about allowing employees to drink alcohol during and/or after work and this is the reason I said my employees are not allowed to consume 1 drop of alcohol during working hours nor after work.
I missed that thread. I'm thinking you meant drinking after work on the jobsite.
 

·
Registered
Remodel
Joined
·
29,579 Posts
Discussion Starter · #7 ·
I say the railroad is responsible for not having a policy that states that employees must leave their work sites the second they clock out.
The way I read it, a policy wouldn't have helped, they have to provide supervision on the job site.
 

·
Designer/Contractor
Joined
·
4,792 Posts
It's just the way it is here in the states, one has to be on their guard all the time and take every possible measure to prevent any liability as much as is humanly possible; even then we're all at risk of being horned by the bull of our legal system.
 
1 - 9 of 9 Posts
Top