This letter is in response to your further inquiries
regarding the Licensing of Crane Operators. The following paragraphs are to
address your questions of who is responsible for evaluating a lift to decide
the degree of licensing required, and to describe how "liability" for crane
lifts is addressed at the refinery.
RESPONSIBILITY FOR DETERMINING LICENSING REQUIREMENTS:
Refinery Management has the responsibility for
determining the licensing requirements for crane lifts to be performed by
our employees, and assigning only properly licensed crane operators to
perform such lifts. Although acknowledging that Management has the
responsibility for assigning properly licensed operators, if the crane
operator has a concern that the supervisor assigning the work task has made
a mistake in this determination, or if the crane operator has any other
safety concern with the lift, they should first raise this concern to their
supervisor or they can opt to use the Time Out Procedure.
LIABILITY CONSIDERATIONS:
If an incident occurs involving a crane lift, Refinery
Management and the Union recognize that OSHA, the N.J. Dept. of Labor,
and/or others may be involved in investigating the incident. If such an
incident should occur, Refinery Management will also conduct an
investigation, and make a determination of the crane operator's involvement
in the cause of the incident. If the refinery determines through reasonable
enquiry, that the crane operator was operating to the best of their ability,
and reasonably following the directions given by their supervisor, then the
company will provide legal representation, and support the defense of the
crane operator. If, however, the refinery determines through reasonable
enquiry, that the crane operator acted negligently, or was impaired (i.e. in
violation of the company's Substance Abuse Policy), the crane operator will
be responsible for securing (and paying for) their own legal representation.
