sylvain
02-04-2010, 03:09 PM
On Tuesday, January 12, 2010 I've been asked to install a drive-thru racking system into a new warehouse freezer at the new plant (head office). 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.(similar to the picture on this link) http://www.steelking.com/drive-drive-thru-racks-p-2007-l-en.html 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. I've explained at many occasions to the company's owner and my supervisor my concerns in regards to physical pain since all the components are very heavy and awkward to handle and that it would also be safer and go faster if we had extra help. I've been ignored.
On Thursday, January 21, 2010 I was injured (left hand, ring finger) trying to hold a falling rack section (upright) approximatly 250 LB. On Friday, January 22, 2010 I wanted to file a report because my finger was worse. At about 2 PM I went in the office and asked who should i see to fill out an accident report? Someone guide me to the owner office to see the lady in charge of reporting. I’ve also explain to the owner what happen. The lady and I went to her office. I informed her that I would like to fill out an accident report. She replied that I didn’t have to report it unless I was missing time from work. I’ve explained to her that I will go see a doctor after work just to make sure that my finger wasn’t broken or fractured, she replied that if the doctor was filling a report that I have to bring it to her A.S.A.P. because she has only 3 days to file a report otherwise she would be penalized. I went to the doctor after work and the doctor told me that it was swollen and it would be good to go get some x-ray just to make sure that nothing is broken he also removed 2 small pieces of metal at the tip of my right thumb.
Instead of waiting till Monday and miss work, I went to North Peel X-ray in Brampton since it was open on Saturday January 23, 2010.
While waiting for the x-ray, the technician asked me if I had a prior injury to my middle finger. I replied “no” and then I asked why. The technician told me that I have a piece of metal in it (the middle finger of the same hand). I told him that I get splitters very often.
I went back to see the doctor with the x-ray and he said that since I’m right handed that I should get x-ray done to the right hand. I went back to Brampton to get x-ray done to my right hand and went back to the doctor.
The x-ray shows a small piece of metal in my thumb (right hand) but it’s not as big and deep as the one in my left hand.
The doctor gave me a referral to see a hand specialist in regards to the metal in my finger and my thumb and also he filled out a FAF form stating limitations.
On Monday January 25, 2010 I went to work and handed in the FAF form first thing in the morning. Later during the day the lady came to me and asked me to see her in regards to form 7.
I went in the office and she told me that she needs to fill the accident description on form 7. I’ve explained all the details on how the accident happened.
I then asked her if I was getting a copy of form 7. She replied “no, you don’t need it”.
Then she informed me that I would have to fill out form 6. I’ve asked if she had one, she replied “you just go on the website and print one out, fill it out and fax it to them”. I replied that I don’t have a fax.
She then told me to bring it here and that she would give me the fax # and I could send it.
I kept on going with the racking but I was not lifting the uprights.
My supervisor e-mailed me asking me to call him, which I did.
He told me that the plant manager informed him that something happen but that he didn’t have the details. So I’ve described all the details about the accident and also informed him about the x-ray showing metal in my middle finger (left hand) and the right thumb that I would need to see a hand specialist in order to remove the metal. His reply was “it didn’t happen working here” I’ve replied “I don’t know. I didn’t even know that I had metal in there”. I’ve also explained that it wasn’t showing on the accident report, and then he asked me if I was able to work and I answer yes and I’ve explained the restrictions. He asked me if I have more people to help. I’ve replied “no”.
On form 6 section E 2 I’ve checked the “yes” box for “Does your employer have modify work” because We were supposed to get more help on Monday January, 25 2010 which only happen on Tuesday January 26, 2010 and then on Thursday January 28,2010.
Also on Wednesday January 27, 2010 I’ve received an e-mail on my phone from my supervisor asking me to call him tomorrow Morning (Thursday January 28, 2010).
Thursday January 28, 2010 at 8:23 AM I’ve tried to call him many times at extension 275 which is the maintenance phone and I’ve tried extension 222 which is the plant phone and then I’ve tried extension 226 which is the shipping/receiving. I’ve e-mail him back on Thursday January 28, 2010 at 8:31 AM to let him know that I was unable to reach him and then resent the same e-mail at 8:50 AM.
Someone from the front office came to me to let me know that he was on line 1. I went to the shipping office and picked up the phone. My supervisor informed me to take Friday off and I was to go to the other plant Saturday because some equipment needed to be repaired. I then reminded my supervisor about my finger beign hurt. Then he replied “don’t worry”I’ve asked him what needs to be done. He said that some of the bars in the fryer need to be changed and then I said ok.
On Friday, January 29, 2010 I went to see the doctor because I still feel pain and the doctor asked me if I was doing light work then I said not really. He informed me that I need to stop using my left hand if I wanted to heal. The doctor gave me an FAF form stating “the patient need light duties, unable to use left hand and to take frequent rest, reassessment”
Once I’ve got home, I’ve called my supervisor to let him know about the restrictions written on the FAF form. He then asked me “Does that mean that you are not going to finish with the racking? I’ve answered “No, I can’t use my left hand” his immediate response was “we had a case like this before and on Monday you will be flipping donuts” I’ve answered “ok”. Then he told me that he will call me back.
About 15 minutes later he called me and informed me that on Monday I have to go to the head office with the FAF form, not a doctors note and that I will have to talk to the owner. I’ve informed him that I have brought the first FAF form and that I will bring the second one on Monday.
Monday February 1, 2010 8:00 AM I’ve went to see the owner and give him the FAF form and we had a conversation in regards to the accident and also limitations.
Recording
On Tuesday morning I’ve called WSIB to make sure that they have all the documents. I at he same time asked if there was somebody assign to my file. I got transfer to the lady in charge of my file and also got a claim # which is ____.
I’ve explained the situation and she seemed confused and as I explained that I was in the middle of writing down all the details. She told me that she would call the employer and then call me back.
She called me back shortly after, stating that the employer told her that I refused the light duties and that there was nothing that she can do. Regardless of my explaination. She also told me that it was my responsibility to call my employer back. I’ve explained to her that my employer informed me that they would call me. She said that it doesn’t matter; you have to call them back.
On Wednesday, February 03, 2010 at: 10:18:55 AM I’ve sent my supervisor an e-mail (see copy)
Good morning (Supervisor).
I would like to know what’s going on with the whole accident situation.
I’ve been told that I refused to do the light duties (flipping donuts) also that you would contact me.
On Friday, January 29, 2010 I’ve called you to let you know about the restrictions written on the 2 nd FAF form. Then you asked me “Does that mean that you are not going to finish with the racking?” I answered “No, I can’t use my left hand” your response was “we had a case like this before and on Monday you will be flipping donuts” I’ve answered “ok”. Then you told me that you will call me back.
About 30 minutes later you called me and informed me that on Monday I have to go to the head office with the FAF form, not a doctors note and that I will have to talk to the owner. I’ve replied that I have brought the first FAF form and that I will bring the second one on Monday.
Please reply via e-mail and let me know what the status is because it’s very confusing.
Thank you,
Sincerely,
My supervisor called me back on Wednesday, February 03, 2010 at: 11:59 AM. Recording
Then he called me back on Wednesday, February 03, 2010 at: 17:02 PM. Recording
On Thursday, February 04, 2010 I’ve called WSIB just to make sure that they have my proper address and I’ve also talked to the lady about playing communication tag in between my supervisor and the owner. Her response was that it was my responsibility to contact them.
On Thursday, February 04, 2010 at: 11:32:24 AM I’ve sent an e-mail to the owner
I've spoke to supervisor yesturday in regards to the whole accident situation.
He told me to contact you.
If it's possible for you to let me know who is supposed to contact me because after our conversation on On Monday January 25, 2010 you told me that my supervisor or secretary would be contacting me and when I spoke with my supervisor yesturday he told me that there is nothing in regards to that on the e-mail you've sent him and that he has nothing to do with it.
I’ve been told that I refused to do the light duties (flipping donuts) by the lady at WSIB.
On Friday, January 29, 2010 I called my supervisor to let him know about the restrictions written on the 2nd FAF form. Then he asked me “Does that mean that you are not going to finish with the racking?” I answered “No, I can’t use my left hand” his response was “we had a case like this before and on Monday you will be flipping donuts” I answered “ok”. Then he told me that he will call me back.
About 30 minutes later he called me and informed me that on Monday I have to go to the head office with the FAF form, not a doctors note and that I will have to talk to you. Which I did.
I do believe that when I mentioned to you that I can use my skills for a better purpose than flipping donuts.
From my understanding. You thought that I was refusing to flip donuts when all that I was suggesting was that I can use my skills to help in the maintenance department by reorganizing it.
I am sorry for the misunderstanding but according to my conversation with my supervisor Friday, January 29, 2010. I was supposed to start Monday flipping donuts at one plant and half an hour later I am not. Instead I had to go to the head office to bring you the 2nd FAF form and talk with you.
I know that I am supposed to keep somebody updated but at this point I don't know who anymore.
Best regards,
Sylvain Grenier
To my knowledge is totally unsafe to put together with only 2 people with occasional help.
(No PPE, not certified to operate a scissor lift)
I don’t understand that on my 1st FAF form it was stating limitations that the owner and my supervisor was aware of but it was ok for me to lift heavy bars and install heavy components for one week regardless of pain.
But when I brought the second FAF form because my finger is not getting better and I let them know that I was unable to finish the racking because of my hand. All the sudden the only light duties that they had for me was flipping donuts.
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.
I am a Maintenance mechanic specializing in preventive maintenance and I also have big concerns in regards to safety at this work place.
On Thursday, January 21, 2010 I was injured (left hand, ring finger) trying to hold a falling rack section (upright) approximatly 250 LB. On Friday, January 22, 2010 I wanted to file a report because my finger was worse. At about 2 PM I went in the office and asked who should i see to fill out an accident report? Someone guide me to the owner office to see the lady in charge of reporting. I’ve also explain to the owner what happen. The lady and I went to her office. I informed her that I would like to fill out an accident report. She replied that I didn’t have to report it unless I was missing time from work. I’ve explained to her that I will go see a doctor after work just to make sure that my finger wasn’t broken or fractured, she replied that if the doctor was filling a report that I have to bring it to her A.S.A.P. because she has only 3 days to file a report otherwise she would be penalized. I went to the doctor after work and the doctor told me that it was swollen and it would be good to go get some x-ray just to make sure that nothing is broken he also removed 2 small pieces of metal at the tip of my right thumb.
Instead of waiting till Monday and miss work, I went to North Peel X-ray in Brampton since it was open on Saturday January 23, 2010.
While waiting for the x-ray, the technician asked me if I had a prior injury to my middle finger. I replied “no” and then I asked why. The technician told me that I have a piece of metal in it (the middle finger of the same hand). I told him that I get splitters very often.
I went back to see the doctor with the x-ray and he said that since I’m right handed that I should get x-ray done to the right hand. I went back to Brampton to get x-ray done to my right hand and went back to the doctor.
The x-ray shows a small piece of metal in my thumb (right hand) but it’s not as big and deep as the one in my left hand.
The doctor gave me a referral to see a hand specialist in regards to the metal in my finger and my thumb and also he filled out a FAF form stating limitations.
On Monday January 25, 2010 I went to work and handed in the FAF form first thing in the morning. Later during the day the lady came to me and asked me to see her in regards to form 7.
I went in the office and she told me that she needs to fill the accident description on form 7. I’ve explained all the details on how the accident happened.
I then asked her if I was getting a copy of form 7. She replied “no, you don’t need it”.
Then she informed me that I would have to fill out form 6. I’ve asked if she had one, she replied “you just go on the website and print one out, fill it out and fax it to them”. I replied that I don’t have a fax.
She then told me to bring it here and that she would give me the fax # and I could send it.
I kept on going with the racking but I was not lifting the uprights.
My supervisor e-mailed me asking me to call him, which I did.
He told me that the plant manager informed him that something happen but that he didn’t have the details. So I’ve described all the details about the accident and also informed him about the x-ray showing metal in my middle finger (left hand) and the right thumb that I would need to see a hand specialist in order to remove the metal. His reply was “it didn’t happen working here” I’ve replied “I don’t know. I didn’t even know that I had metal in there”. I’ve also explained that it wasn’t showing on the accident report, and then he asked me if I was able to work and I answer yes and I’ve explained the restrictions. He asked me if I have more people to help. I’ve replied “no”.
On form 6 section E 2 I’ve checked the “yes” box for “Does your employer have modify work” because We were supposed to get more help on Monday January, 25 2010 which only happen on Tuesday January 26, 2010 and then on Thursday January 28,2010.
Also on Wednesday January 27, 2010 I’ve received an e-mail on my phone from my supervisor asking me to call him tomorrow Morning (Thursday January 28, 2010).
Thursday January 28, 2010 at 8:23 AM I’ve tried to call him many times at extension 275 which is the maintenance phone and I’ve tried extension 222 which is the plant phone and then I’ve tried extension 226 which is the shipping/receiving. I’ve e-mail him back on Thursday January 28, 2010 at 8:31 AM to let him know that I was unable to reach him and then resent the same e-mail at 8:50 AM.
Someone from the front office came to me to let me know that he was on line 1. I went to the shipping office and picked up the phone. My supervisor informed me to take Friday off and I was to go to the other plant Saturday because some equipment needed to be repaired. I then reminded my supervisor about my finger beign hurt. Then he replied “don’t worry”I’ve asked him what needs to be done. He said that some of the bars in the fryer need to be changed and then I said ok.
On Friday, January 29, 2010 I went to see the doctor because I still feel pain and the doctor asked me if I was doing light work then I said not really. He informed me that I need to stop using my left hand if I wanted to heal. The doctor gave me an FAF form stating “the patient need light duties, unable to use left hand and to take frequent rest, reassessment”
Once I’ve got home, I’ve called my supervisor to let him know about the restrictions written on the FAF form. He then asked me “Does that mean that you are not going to finish with the racking? I’ve answered “No, I can’t use my left hand” his immediate response was “we had a case like this before and on Monday you will be flipping donuts” I’ve answered “ok”. Then he told me that he will call me back.
About 15 minutes later he called me and informed me that on Monday I have to go to the head office with the FAF form, not a doctors note and that I will have to talk to the owner. I’ve informed him that I have brought the first FAF form and that I will bring the second one on Monday.
Monday February 1, 2010 8:00 AM I’ve went to see the owner and give him the FAF form and we had a conversation in regards to the accident and also limitations.
Recording
On Tuesday morning I’ve called WSIB to make sure that they have all the documents. I at he same time asked if there was somebody assign to my file. I got transfer to the lady in charge of my file and also got a claim # which is ____.
I’ve explained the situation and she seemed confused and as I explained that I was in the middle of writing down all the details. She told me that she would call the employer and then call me back.
She called me back shortly after, stating that the employer told her that I refused the light duties and that there was nothing that she can do. Regardless of my explaination. She also told me that it was my responsibility to call my employer back. I’ve explained to her that my employer informed me that they would call me. She said that it doesn’t matter; you have to call them back.
On Wednesday, February 03, 2010 at: 10:18:55 AM I’ve sent my supervisor an e-mail (see copy)
Good morning (Supervisor).
I would like to know what’s going on with the whole accident situation.
I’ve been told that I refused to do the light duties (flipping donuts) also that you would contact me.
On Friday, January 29, 2010 I’ve called you to let you know about the restrictions written on the 2 nd FAF form. Then you asked me “Does that mean that you are not going to finish with the racking?” I answered “No, I can’t use my left hand” your response was “we had a case like this before and on Monday you will be flipping donuts” I’ve answered “ok”. Then you told me that you will call me back.
About 30 minutes later you called me and informed me that on Monday I have to go to the head office with the FAF form, not a doctors note and that I will have to talk to the owner. I’ve replied that I have brought the first FAF form and that I will bring the second one on Monday.
Please reply via e-mail and let me know what the status is because it’s very confusing.
Thank you,
Sincerely,
My supervisor called me back on Wednesday, February 03, 2010 at: 11:59 AM. Recording
Then he called me back on Wednesday, February 03, 2010 at: 17:02 PM. Recording
On Thursday, February 04, 2010 I’ve called WSIB just to make sure that they have my proper address and I’ve also talked to the lady about playing communication tag in between my supervisor and the owner. Her response was that it was my responsibility to contact them.
On Thursday, February 04, 2010 at: 11:32:24 AM I’ve sent an e-mail to the owner
I've spoke to supervisor yesturday in regards to the whole accident situation.
He told me to contact you.
If it's possible for you to let me know who is supposed to contact me because after our conversation on On Monday January 25, 2010 you told me that my supervisor or secretary would be contacting me and when I spoke with my supervisor yesturday he told me that there is nothing in regards to that on the e-mail you've sent him and that he has nothing to do with it.
I’ve been told that I refused to do the light duties (flipping donuts) by the lady at WSIB.
On Friday, January 29, 2010 I called my supervisor to let him know about the restrictions written on the 2nd FAF form. Then he asked me “Does that mean that you are not going to finish with the racking?” I answered “No, I can’t use my left hand” his response was “we had a case like this before and on Monday you will be flipping donuts” I answered “ok”. Then he told me that he will call me back.
About 30 minutes later he called me and informed me that on Monday I have to go to the head office with the FAF form, not a doctors note and that I will have to talk to you. Which I did.
I do believe that when I mentioned to you that I can use my skills for a better purpose than flipping donuts.
From my understanding. You thought that I was refusing to flip donuts when all that I was suggesting was that I can use my skills to help in the maintenance department by reorganizing it.
I am sorry for the misunderstanding but according to my conversation with my supervisor Friday, January 29, 2010. I was supposed to start Monday flipping donuts at one plant and half an hour later I am not. Instead I had to go to the head office to bring you the 2nd FAF form and talk with you.
I know that I am supposed to keep somebody updated but at this point I don't know who anymore.
Best regards,
Sylvain Grenier
To my knowledge is totally unsafe to put together with only 2 people with occasional help.
(No PPE, not certified to operate a scissor lift)
I don’t understand that on my 1st FAF form it was stating limitations that the owner and my supervisor was aware of but it was ok for me to lift heavy bars and install heavy components for one week regardless of pain.
But when I brought the second FAF form because my finger is not getting better and I let them know that I was unable to finish the racking because of my hand. All the sudden the only light duties that they had for me was flipping donuts.
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.
I am a Maintenance mechanic specializing in preventive maintenance and I also have big concerns in regards to safety at this work place.