Accident: Poll question

What type of scripts were found in his samples? Legal? Illegal?

At any rate...since I am a firm believer in personal responsibility, I can not possibly put 100% of the blame on management. However, it would seem (from little info is given in the OP) that the two parties are equally responsible, 50/50.

 

Management is totally responsible. If they would have sent him packing. None of this would of ever happened.

 

Driver 100% at fault as long as prescription was legit.

He just ain't cut out to be operating machinery, obviously.

 

No management is not 100 % responsible. This is civil tort, and most of the time inherent liability is involved when it comes to employee/employer matters. Saying that management is totally responsible is like saying the driver/employee is not responsible for their actions. If you were this person's boss would you accept totally responsibility for all your employees actions? I'd think not. You have no way of knowing what the future may bring.

With that said, management will assume some liability if the "scripts" he tested positive for were prohibited by policy or law. I would think the employer cautioned the driver about that when he/she first tested positive.

Failing to report a script, is not enough info to really come to a conclusion on the question. Like I stated, was the script prohibited? If not, then just the failing to report it really isn't something that would cause the driver to have the "accident". If it was not prohibited, then the liability falls totally on the driver.

 

So you give a loaded gun to a baby who's at fault if the baby blows its brains out?

 

That's a stretch, Dino, and you know it. Let's stick to comparing apples to apples here.

 

Ok a loaded gun to a teenager who abuses drugs?

 

Even better. Lets say You are a coach of a football team. Your assistant coach whose defense keeps you winning championship after championship. But you find out your assistant coach is molesting recruits. If I get rid of him then I may lose. So I keep the assistant coach and look pass the fact he's a child molester.

 

I'm still here and didn't shoot anyone. The 70s were fun!


And in the 80s I did a few months of 12 hour night shifts in a super busy trash transfer facility and some of the stuff the other guys shared with me was stronger than any 'scrip I ever had and the worst we ever did was break off a glad hand.