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Posted By Mark Evans
Here is a tricky hypothetical situation, Employee has slight injury 1 hour before end of shift, manager sends employee to hospital to be checked out, employee has travel expenses to hospital paid and is released from hospital two hours after end of his shift. Are those 2 hours overtime? or does it depend on the company policy and procedures in place? I thought this might be at companys discretion...Any thoughts anyone?
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Posted By Dave Dowan
Hi Mark
I am no great expert but I would say this is an employment issue not H&S. I would guess that payment (or not) would depend on the employers policy / collective agreement
Dave
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Posted By Mark Evans
Hmm.. thought it might be something like that. What would other companies do in that situation?
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Posted By Richard Altoft
Not that you would want to suggest this but how about paying to normal end of shift, and then since IP is free to leave hospital when he likes leave rest of period unpaid - after all he can always sue for damages if he does thinks employer was negligent! (taking tongue out of cheek and being serious -In reality I have never found anyone who has been properly looked after to even raise such a question. Paying for taxi and sending someone to help and offer support whilst waiting at hospital, informing family etc suggests the employer is caring, as does rehab, getting IP back to work and being fair about pay for days off sick are often very good ways to avoid a claim for damages.Yes it is IR/HR question not a safety one.
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Posted By Mike Miller
I take the view that a caring employer would just pay up and show some good will. Anyone out there who says that this is an HR issue and not H&S, should probably think again. What if scenario! they have a further accident within those two hours in question? are they on company time? after all it was the company who put them there in the first place. Well worth establishing this now before it happens.
Mike
Devils advocate
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Posted By fats van den raad
Mike
Your argument of "it's the company that put them there" does not hold water. I had a scenario where a technician was called out to work late one night and had to travel on snow covered icy roads to get to work. On route he was involved in a vehicle accident. He subsequently claimed for damages from the company on the grounds that he was on standby duty, that he gets paid for travelling to work and is therefore at work as soon as he is called. The case went to court eventually and the ruling was that he could not claim against the company as he was not contractually at work untill he clocked in/arrived on site.
Furthermore, how can the company be held responsible for an accident that took place off site in a place where they have no control?
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Posted By Mike Miller
Fats
I get your drift, I also remember a strange case long ago where a wood machinist was injured (two fingers off in a surface planer) following medical attention from the on site nurse who had contacted the hospital to warn them of his arrival, he was transported by private car to hospital by two colleagues. They waited for him for nearly four hours to be told that he was to be detained have surgery. Also the medical team had been waiting to see if anything would turn up i.e. missing digits and if anything was left that could be sewn back on! Any way the drift of the story is that the two workers who took him to hospital were paid overtime and the injured party got nothing. Funny old world ain't it!
I still see that bloke now and then who seems to be none the worse off. His payout was reduced by some 30% for contributory negligence (putting short grain hardwood over the top instead of underneath) and he was retired shortly after. But he does seem very happy.
OH! and by the way the WC cistern that I was describing ealier is known as the DOLBY SYTEM. It takes the hush out the flush and the hiss out the P...
Mike
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