Hazardous workplace advice
Jul 2, 2005 at 5:15 AM Thread Starter Post #1 of 12

CMacDaddy

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I'm not sure if I should complain to some of my bosses at work because of what I think is a dangerous work environment. I dont know anything about texas law regarding the situation, so I was hoping that someone on this board may have some experience or useful advice on the topic.

As to the situation...
I work in a restaurant, and every night before the servers are done with their work, the floor is cleaned. To clean the floor, the bus boys cover it in soap and water, making it very slippery. There are many sharp corners and a few hot objects that make falling very dangerous. The servers are required to continue work, which means walking, moving carts, and preparing food on top of this slick surface. Some days it is worse than others, but since I started working here at the beginning of june, I have fallen 2 times resulting in bumps and bruises, and numerous other coworkers have also fallen.

I did nothing the first 2 times I fell this year, but tonight the floor was wet and soapy for about 30 minutes while I was working in the area, so I told my manager that I was going to wait until after the floor was dryed before I finished my sidework. He informed me that I had to work on it anyway because I was supposed to be wearing "non-slip" shoes. My shoes were approved for work, and I have had no complaints in any uniform inspection because of them. They are cross training shoes with plenty of traction on them.

before this story goes on too long. I was wondering if there is a way I can file a formal complaint to have this situation stopped. I want it to be on record that I filed a complaint, so that if I or someone else falls again, some kind of legal action might be taken.

I suppose my real question is, should I file a written complaint with the managers, or is there some other kind of organization I should complain to?

Is there a way to complain anonymously?

Do I really have a right to complain?

Is there something more I could do than complain?

Thanks in advance, any help is appreciated.


PS: last summer someone was sliding down a ramp when the soap and water mix was on the ground and he fell, had a serious concussion, and spent 2 weeks in the hospital. The restaurant determined that since he was goofing around they had no responsibility, and he got no workers compensation, no help with his hospital bills, and no apology.
 
Jul 2, 2005 at 5:41 AM Post #2 of 12
File an OSHA complaint. I don't know if it's anonymous, but the threat of OSHA inspectors at the place, and all the other violations they'll probably find will be enough for your bosses to get serious.

However, you should talk to an attorney if you are interested in doing this right.
 
Jul 2, 2005 at 5:58 AM Post #3 of 12
I'm not sure who you should contact, but you should definitely do it. I would think it could be anonymous too. That or find a different job, sounds like the owners can't be too good to work for.
 
Jul 2, 2005 at 6:15 AM Post #4 of 12
This is a topic that I can get rather emotional about, and include the issue of politics, so I will not go into detail. My advise to you is to try, and find a job where the management actually cares about their employees.
 
Jul 2, 2005 at 6:18 AM Post #5 of 12
I commend you for taking action in this situation. Sounds like if you don't do something, no one will. I would think that's definitely against OSHA regulations. Why not ask the manager if the floor can be mopped last, and allowed to dry overnight?
 
Jul 2, 2005 at 6:39 AM Post #6 of 12
Quote:

Originally Posted by Imyourzero
Why not ask the manager if the floor can be mopped last, and allowed to dry overnight?


Because you can’t talk to management that lacks deductive reasoning, if the management cared at all this type of thing would not be happening in the first place.
 
Jul 2, 2005 at 8:49 AM Post #7 of 12
Just refuse to walk over the hazardous areas.

Then when asked why, quote OSHA regulations, along with their phone number.

All the while keeping your resume ready to go at a moments notice.
tongue.gif


-Ed
 
Jul 2, 2005 at 9:56 AM Post #8 of 12
Unless you have another job offer in hand right now, I wouldn't say or do anything. Just be careful around the floor. Even though your grievance is legitimate, you're in an industry where managers are all too easily tempted to replace an "uppity" employee with someone who's just come over the border from Mexico. Practically speaking, it doesn't matter what the law says if you can't afford $250/hr for a lawyer to fight an unjust dismissal in court. I wouldn't risk it.
 
Jul 2, 2005 at 10:05 AM Post #9 of 12
Quote:

Originally Posted by AlanY
Unless you have another job offer in hand right now, I wouldn't say or do anything. Just be careful around the floor. Even though your grievance is legitimate, you're in an industry where managers are all too easily tempted to replace an "uppity" employee with someone who's just come over the border from Mexico. Practically speaking, it doesn't matter what the law says if you can't afford $250/hr for a lawyer to fight an unjust dismissal in court. I wouldn't risk it.


Couldn't agree more - only consider calling OSHA if you're willing to get fired, even though it would be illegal for the employer to do so. Check out the following link:

Whistleblower rights under OSHA
 
Jul 3, 2005 at 1:36 PM Post #12 of 12
I agree, get some boots or something that will give you more traction. Complaining will probably cost you your job anyway, unless you are willing to take this all the way and go for a lawyer and all that expensive crap.
 

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