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Papa Voo



Joined: Thu Jan 17th, 2008
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I was going to put this into the sports section, but I decided to start it here in the General section. 

Hopefully, our local attorney can chime in with an opinion on this.

Is there anything that prevents an employer from putting certain clauses in a contract which may include the health and welfare of an employee?

For example,  I discover caves and canyons filled with molds and growths related directly to causing cancer. 

I am the employer and need to clean these caves and canyons out and the environment is extremely hot. 

I put in the job contract  the full disclosure of what is in the caves and canyons and what they can cause or lead to related to cancer.   I tell them that they do not have to wear any protective clothing or breathing apparatuses, but it is their choice.  I pay very good wages. 

Is this legal?   Can there be any future repercussions for me related to these issues?

I will now go the Sports forum to follow this up. 

lobo316



Joined: Sun Oct 14th, 2007
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You seem to have your ass covered, but what does the law say ? Your employees may not have any choice in the matter.
They may be required by law to wear protective clothing / safety gear, etc. in any hazardous envoirnment.

Qaenos

 

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I'm not a lawyer, but my guess is that if there's reasonable equipment and/or procedures that are available that can protect the health and safety of the employees, the employer would be liable to provide them. I've worked in Toronto, Calgary, Boston and now Australia and that's always been the case whenever I've taken a health and safety training course.

The question would be what is considered "reasonable"? Does this stuff cause cancer or not? What's the liklihood? How strong is the evidence taht this stuff is dangerous? What do other employers in the same type of business do? Would providing the equipment destroy the profitability of your business? Are you just being cheap?

The "work at your own risk" thing probably won't wash. That's my guess.

Qaenos

 

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You *may* be able to get around some of the laws by making the employees "professional contractors" and act like a client. In that case, it would probably be up to them to provide their own equipment. Just make sure that the relationship is clearly client-contractor all the way through, and not employer-employee or you could get in trouble. Just because it's on paper that so-and-so is a "contractor" and not an employee, doesn't necessarily make it so. I ran into that situation myself once. I was on a 3 month contract at $25 an hour when I was doing my Masters that extended into 3 years.   These guys were pricks so one day, I demanded vacation pay and benefits and they told me to screw off because I was a contractor being paid $25 an hour, as agreed. I went to the local labor board and they told me that since I was working there three years, regular hours, had my own office, etc., I wasn't being treated like a contractor and I was in fact a de facto employee.  So they were forced to give me benefits etc. (retroactive too) just like the other regular employees.  Of course they fired me right after that, but that's beside the point.

Last edited on Mon Sep 15th, 2014 07:56 am by Qaenos



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