Safety and Liability: Non-employees On Premises

P

PAUL3

#1
Safety

Hello,

I am the safety technician for small injection molding manufacturing company. In our warehouse we have two shipping dock, one for shipping and one for receiving material. oftentimes we dispose Cardboard boxes on pallets, there is a person that comes and picks the materail from our shipping dock. My question is, are we incurring in a safaty infraction or liability for the company.

The person moves the material from the shippind dock to his truck by hand.

Can any one help

Thanks
PAUL
 
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Mike S.

Happy to be Alive
Trusted Information Resource
#2
I am no law expert, but IMO, especially in California, you may be liable if the guy hurts himself. Of course these days anyone can sue anyone for just about anything in any state -- so even if you told the guy he was not allowed on your property you might get sued if he can say your pile of pallets was dangerous. I think you need to ask an attorney. From what I see you're probably just trying to be nice and help someone else while helping yourself at the same time, but sometimes this turns into "no good deed goes unpunished". Maybe you could have the guy sign a waiver or something. Better ask an expert.
 

Wes Bucey

Quite Involved in Discussions
#3
PAUL3 said:
Hello,

I am the safety technician for small injection molding manufacturing company. In our warehouse we have two shipping dock, one for shipping and one for receiving material. oftentimes we dispose Cardboard boxes on pallets, there is a person that comes and picks the materail from our shipping dock. My question is, are we incurring in a safaty infraction or liability for the company.

The person moves the material from the shippind dock to his truck by hand.

Can any one help

Thanks
PAUL
Whose safety infraction (OSHA?)
If your organization and the entity (person or company) that picks up the cartons have an agreed written procedure that takes into account all possible safety issues you can imagine (lift wrong, touch contaminated material, get caught in dock leveler, etc.), then you have covered the safety aspect for OSHA.

Liability for injury or damage can be limited with written contract with the person/company that retrieves the cartons (flattened gaylords in which you received plastic pellets?)
 

WALLACE

Quite Involved in Discussions
#4
Safety

Interesting post paul3,
Many questions to ask but, lets just ask the basics first.

1) Do you have handling procedures posted for the laying aside and of and handling of the waste that adheres to your adopted and federal waste handling standards?

2) Are they known and understood?

3) Are you pro-actively implementing a greening of the cardboard supply and removal by pursuing a re-usable container supply?

Wallace.
 
E

energy

#5
If you say so

WALLACE said:
Interesting post paul3,
Many questions to ask but, lets just ask the basics first.
1) Do you have handling procedures posted for the laying aside and of and handling of the waste that adheres to your adopted and federal waste handling standards?
This wasteful cardboard is flattened and placed on a pallet for disposal in accordance with federal, state and local regulations. :vfunny:
WALLACE said:
2) Are they known and understood?
yes, we flatten them and put them on a pallet for disposal in accordance with federal, state and local regulations. :vfunny:
WALLACE said:
3) Are you pro-actively implementing a greening of the cardboard supply and removal by pursuing a re-usable container supply?
Wallace.
Hundreds, maybe more, of Suppliers ship their products to our facility in cardboard boxes. We remove the components and the cardboard is flattened and placed on a pallet for disposal in accordance with federal, state and local regulations.
No, we have not insisted that these suppliers supply re-usable containers so we can pro-actively implement a greening........ The container cost would exceed the cost of the part. So, how do we protect this poor yokel struggling to make a living by picking up our flattened cardboard? Do you think he gets to keep the pallets? Whoa...whole bunch of new regulations to worry about. :vfunny:
 

Randy

Super Moderator
#6
If you're a person responsible for safety in California where I managed safety for small companies like Lockheed Martin and ITT I can assure you that you may have a few safety infractions possibly some DOT issues and most definitely liabilities.

BTW because of your position you are also one of the designated inmates subject to both criminal and civil prosecution in the event something happens.

From your statement you are a concerned person who most likely has very little idea whatsoever about your present position. You need to go to www.dir.ca.gov where you can get some free guidance. Also go to www.osha.gov Both of these sites have links to free guidance as well as some online training, especially the Fed OSHA.

Good luck
 
E

energy

#7
Contractor or Junk Picker?

Paul,

This person who takes cardboard from your dock....does he/she get paid to perform this service for your company? Is it somebody from the neighborhood who happens to have an outlet for the cardbooard where they can make some extra cash? The flavor of your post suggests that this person is not under contract with the company. If he/she were, there is no problem. They are no different than people who service your office equipment or clean the offices and restrooms. They have their own liability and agreement with the company.

Anytime anybody not "officially authorized" to be on company property gets injured, the company may be liable for incidents that occurred as a result of carelessness or negligence. We used to give away "free" wood from crates that accumulated. There were the potential for splinters, nail punctures and all kinds of injuries from swinging hammers and prybars. Did I think about our liability? Yes. Did I think anybody would really complain about smashing their thumb while taking a crate? No. During the 10 years this was permitted, the only complaints we had were, "when are you getting more wood?" The material was definitely stored on company property close to the street with a sign that said "Free Wood". Was it completely risk free? No. As the Plant Safety Officer, I let my concerns be known to Management. They assumed the risk and I went back to work on more important things. There are those who will not allow you to discard so much as an empty bottle of whiteout with general refuse without a manifest, so be very wary of overkill as a result of "professional" advice. If you sit down and think about nothing else, you can conjure up all kinds potential hazards about all kinds of things. That's what they do and how they make their money. :bonk: ;)
 
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