Recording conversations

[sylvain]

Good afternoon,

I would like to have some information in regards to a work accident.

I've injured myself and my employer is playing some serious head games.

My question is: I've recorded a few conversation for the purpose of transferring the proper details to paper in order to make sure that I'm not missing anything.

As the battle goes on, they are playing Ping-Pong in between owner, supervisor and WSIB and I am the ball in this vicious game.

I just want to know if I am able to use (legally) the recording for my defense since it's the only thing that would prove how they are manipulating the case.

Thank you.

[mhutt]

Did you record these conversations without the other person/s knowing you were taping them?

[sylvain]

Yes, I just wanted to make sure that when I write down the details I didn't miss anything.
Do you think that they would twist the facts if they knew that I was recording?
I've spoke with the "office of the worker adviser" in regards to the matter and it's seems like it could be used as evidence since I don't have nothing else in my defence and I am stuck between My supervisor, the owner and WSIB.

[Sailor]

The legal rules in Canada for recording of personal conversations is based upon the "one party consent" rule, where at least one of the parties involved in the conversation must know that in-person or telephone conversations are being recorded. This activity is, in most cases, acceptable as evidence in a court in Canada. The other parties do not require to be informed.

This action is normally presented for use in court by a direct written transcription (not summary - and include the ummm's and ahhh's) and the tape is secondary evidence to prove the validity of the transcription against the audio recording. The "whole tape" of the audio recording must be present and unaltered from the original recording. Re-taping onto subsequent media would reduce its reliability as evidence.

There is a difference when considering "third-party" recording of conversations (in-person or telephone) where the parties in the conversation are not aware that they are being recorded. This activity is generally not able to be entered as evidence except under very specific circumstances.

Sailor,
OHS Professional

[sylvain]

WSIB refused to pay me because the employer (owner) told them that I refused the light duties that were offered to me without even listening to my side of the story.

The employer sent me an e-mail:
I am the contact here Sylvain.
The maintenance supervisor offered you modified duties when you first called in and you refused. You then came to see me with your FAF and AGAIN REFUSED it. You tried to elect your own modified duty at DT and it simply does not work that way. I asked you again if you are refusing modified duty and you said YES because you are too smart for that.

It's a total different story on the recording.
The owner states that he is the contact. In our conversation he told me that my supervisor will take over and call me.
When I called my supervisor to find out what was happening he told me that the owner never mention anything in regard to calling anybody and that he as nothing to do with this. (Also recorded)

I never refused the light duty also the sentence,
"I asked you again if you are refusing modified duty and you said YES".
Was never said in the whole conversation.

Without the recording I have no chance to defend myself.
I am so upset about the whole situation.
I feel like a ping-pong ball getting hit in a game between my supervisor, the owner and WSIB. I want the game to end so I can move on.

I have some concern in regards to safety at that workplace.

I've been asked to install a drive-thru racking system into a new warehouse freezer at the new plant (head office) by my supervisor. My schedule would be: Monday to Friday 8:00 am till 5:30 pm. The drive-thru racking system consists of approximately 45 rows X 3 deep X 211" high. We have to cut the ends of each upright and also cut the 2 load rails for each row and we are only 2 people to put it together with occasional help from 1 person (shipper/receiver) when he is available. We also have to operate 2 scissor lifts in order to install all the components (see attachments) also see different pictures from supplier at http://www.steelking.com/drive-drive-thru-racks-p-2007-l-en.html (http://www.steelking.com/drive-drive-thru-racks-p-2007-l-en.html)
I got injured putting this racking system together.

My question is:
Do we have to be certified in order to operate a scissor lift?

Aren't we supposed to wear PPE (safety harness, hard hat etc)?

Does the racking structure need to be approved by an engineering inspector if the original design is altered and modified (cutting the load rails) to suite a different configuration?
Do they require a permit in regards to big construction project?

At the other plant (production) the safety concerns are even worst.

You don't have a clue on how much I really appreciate your help.

Thanks again.

[mhutt]

Sylvain,

Do we have to be certified in order to operate a scissor lift?

No, but you must be trained as per the construction regulations

147. (1) A worker who operates an elevating work platform shall, before using it for the first time, be given oral and written instruction on the operation and be trained to operate that class of elevating work platform. O. Reg. 213/91, s. 147 (1).
(2) The instruction and training required by subsection (1) shall include,
(a) the manufacturer’s instruction;
(b) instruction in the load limitations;
(c) instruction in and a hands-on demonstration of the proper use of all controls; and
(d) instruction in the limitations on the kinds of surfaces on which it is designed to be used. O. Reg. 213/91, s. 147 (2).

Aren't we supposed to wear PPE (safety harness, hard hat etc)?

Yes, you need a parachute harness & lanyard attached to an approved anchorage on the lift. Yes you would need a hard hat since you are on a construction project erecting a structure.


Does the racking structure need to be approved by an engineering inspector if the original design is altered and modified (cutting the load rails) to suite a different configuration?

Yes, the exemption under section 7 of the Industrial Regulations would not apply and a Pre-Start Health & Safety Review would be required and must be conducted by a Professional Engineer

Do they require a permit in regards to big construction project?

If the whole cost of the project exceeds $50,000 then a "Notice of Project" must be submitted to the Ministry of Labour before beginning the work.

[sylvain]

I can’t tell you how much I appreciate this information, your professionalism and guidance will be absolutely useful.
That workplace has so many issues in regards to health and safety, sanitation, maintenance, GMP “Good manufacturing practice“ non compliance and vialotion, etc...
Fortunately, I document mostly everything. (Mainly in regards to maintenance and sanitation)
I actually can’t believe that they are processing food.
I’m getting so frustrated and tired with the run around.
There is one thing I will REFUSE!
Is to give up.
Unfortunaly my finances are getting lower and lower each day that goes by not to mention the stress level goes the opposite way (up, up, up it goes).
Wondering how long my family and I can last (financially survive).
I don’t believe that they have that problem but they sure know how to create it.

Thank you so much!

[mstinson]

Ok jumping back to the recording...In my experience one sided permission didnt fly..Keep in mind everyone has reasonable excpectation to privacy..I would consult a lwyer or seek legal advice on this

Back story..I worked for a shady company who had a manager tape a convo similar to yours..Upon going to legal proceedings this move cost big time ....

You should contact the office of the employee advisor ASAP...Sounds like you need serious solid legal advice

[mstinson]

Also did anyone offer you modified work in writting???

[sylvain]

No! Nobody offered me modified work in writting and even when I brought the first FAF stating limitations, nobody even offered to stop lifting the heavy components for the racking and it's probably why my finger is still swollen and in pain. The owner saw me working with a splint and all he said to me was "I saw the paperwork for this" but when I brought the second FAF stating the same limitations and the doctor added "Light duty the patient can't use is left hand" and I informed the owner that this is the second FAF he replied "This is the second one?" and that's when it's starting to go down hill. You should see what happen on our last meeting.
If you're interested please let me know? I need serious help here.