Crane Waiver

[classictruckman]

That waiver is absolute bullshit, operator owns the load from the time it's on the hook, doesn't matter what it is. It's up to the operator to say no to the lift not some lawyer with a piece of paper that would not fly in any court if something were to actually happen.

I say you can't run away from them fast enough.

 

[TreeLogic]

x2 on what will said about that seeming unfair. especially if it turned into you not being able to work on days where that crane company is being used because your not comfortable with their waiver.

and the fact there isn't much to choose from in crane services for the area.

 

[cerviarborist]

There's always the option of pulling in a reputable crane service from another area and passing on the higher fees to the client. There are myriad alternatives to putting your livelihood, your health and your life in the hands of someone who blatantly says "I'm going to charge you a handsome fee for doing this part of the work, but if it goes sideways, I don't know you." Think carefully before you make the crane company's problem into your problem. Or your employer's problem into your problem. Or your client's problem your problem.

 

[rockettree]

For an employer to expect his employees to accept that level of liability, and risk, is reprehensible.

 

[Ent]

For an employer to expect his employees to accept that level of liability, and risk, is reprehensible.

The crane service created this situation, not my employer. Good luck this weekend.

 

[cerviarborist]

But your employer apparently took it like a punk and signed. That's putting profits before people.

 

[rockettree]

Thanks, and I'm not blaming your employer for the situation. I'm just saying that if you are an employee you shouldn't have to sign your name to something like that, time will tell what his expectation of you is.

 

[MikePowers321]

That waiver is absolute bullshit, operator owns the load from the time it's on the hook, doesn't matter what it is. It's up to the operator to say no to the lift not some lawyer with a piece of paper that would not fly in any court if something were to actually happen.

I say you can't run away from them fast enough.

well said

 

[ROYCE]

For an employer to expect his employees to accept that level of liability, and risk, is reprehensible.

And illegal. When I worked for a larger company I had an employee that would not wear his chaps. It was an on-going battle with him to wear chaps when he was running a chainsaw. I asked the insurance rep if we could have him sign a waver where HE, the EMPLOYEE would take full responsibility if he cut itself with the saw. Therefore putting the company off the hook to pay for his medical bills. The insurance rep said NO, doesn't matter, company is responsible. If he won't wear chaps then FIRE HIM. He left on his own free will, solved that problem for us. There is no way this crane waver is legal or would ever hold up in court.

 

[dbl612]

Sounds the same as a driveway release in terms of holding up in court...doubt it would.

driveway and property releases have been tested in the courts and have been determined as valid, regarding hidden voids and structures which the property owner did not inform the crane company about. signed driveway waivers exempt the crane company from damage caused by vehicles on customer property. the customer was not forced to sign them!

 

[dbl612]

I would find every other tree care company that uses this crane service and collectively agree to not use them anymore. That would put the squeeze on them. If theres not another crane service around that could make it tough on you guys in the mean time.

SCRA standard documents relieve responsibilities from crane companies as to situations beyond their control, such as pick points and ground conditions. been standard procedure for years in the lift industry. just because tree people have recently been using cranes extensively, does not exempt them from prior practice.

 

[dbl612]

well said

the operator does own the load when he makes the pick, but he is not responsible for conditions beyond his control.

 

[dbl612]

And illegal. When I worked for a larger company I had an employee that would not wear his chaps. It was an on-going battle with him to wear chaps when he was running a chainsaw. I asked the insurance rep if we could have him sign a waver where HE, the EMPLOYEE would take full responsibility if he cut itself with the saw. Therefore putting the company off the hook to pay for his medical bills. The insurance rep said NO, doesn't matter, company is responsible. If he won't wear chaps then FIRE HIM. He left on his own free will, solved that problem for us. There is no way this crane waver is legal or would ever hold up in court.

the crane waiver discussed is way to broad in what it covers.

 

[BigWood]

I read the first paragraph and stopped when I got to " ...seek the advice of legal cousnel"