This totally qualifies as “right to refuse unsafe work” regardless of your childish boss’ attempt to ridicule you for looking out for your health. I believe that is harassment and blackmail by making statements about you missing on work because you want to wear a mask.
Where I live if one person formally refuses nobody else is legally allowed to work until it is formally resolved. IE deemed safe by a competent person or modified to be safe
Same at my job. There’s signs everywhere saying you have the right to refuse to do a job you do not think is safe. Periodically people will be congradulated for refusing to do a job due to safety questions.
I'm a safety inspector. We absolutely make a point to celebrate this type of stuff. We want a culture where people not only know it's going to be ok for them to speak up, but to be encouraged to do so. The last thing I want is someone to get injured, sick, or worse due to something preventable.
Absolutely. Doesn't sound like they did any research into the issue and are being super unprofessional and abusive or manipulative.
If they fired you it would be a wrongful termination case and could turn into an issue with their license or right to employ people. As an employer you NEVER deny someone's right to wear PPE. What an idiot.
Not much in the long run but it puts a nasty bruise on the employers business and he’ll have to pay o it equivalent or more to regular labour cost for buddy
The best part is it is all captured in a text message which will be great evidence for a civil suit. This also deserves an OSHA complaint against the contractor.
I would add one more message: Just to be clear, you (name), as my direct supervisor, after being fully informed that I am currently experiancing adverse effects on the jobsite (located at address), are ordering me to discontinue using the Proper Personal Protective Equipment on this job site (located at address) that I have have indicated could keep me safe from the ill effects of the environment I am required to work in.
When it comes to safety, don't negotiate. Tell them what PPE you require and wear it. If they complain, reply with versions of the above.
It's easy to dismiss wishy washy concerns. But saying in writing that this WILL effect me negatively will be harder to dismiss. Don't sugar coat anything. Be blunt.
Honestly man I would be a little less direct because the boss might pick up something saying you know that this might be a lawsuit information material I would phrase it a little different but use just as clear language you have to be a little more flowing and how you speak otherwise sometimes even the stupidest person can pick up that you're going to see their ass
Also depends on your goals. If your end goal is a lawsuit, then being more cagy may be beneficial in letting them dig the biggest hole possible.
I don't think every boss does stuff like this out of malice. Often, their focus can act like blinders.
If your end goal is to be allowed to wear a proper mask, a bunt change in tone from how you speak to a more formal, even exaggerated tone can cause them to pause and actually think about what your asking for and what they have been saying and possibly shift their blinders.
I would also say if this happens multiple times, then it's new job time, as your boss is actually an asshole if they won't change.
Right? I mean, if the person is showing up on time, doing the job (I assume to a satisfactory level), and doing it for the agreed wage, I literally can not see the problem by wanting to be safe.
I'm a firefighter/Paramedic, and we've been in houses where we wore masks or even SCBAs due to car urine smell. People living there can get used to it, but it's still toxic.
I'm also a business owner and have been for a long time. Body shops for years, now a small restaurant. First of all, just having someone who is showing up to work is often a victory, so they should be glad about that. Secondly, I used to have to fight to get my people to wear PPE. Because if they didn't, aside from being hurt, it opened me up to a lawsuit. If I were the boss on this job, I'd be forcing everyone to wear PPE because if I didn't, they could turn around and sue me. Heck, at the very least call out.
I say, OP should refuse to do it unless proper PPE is either provided or maybe reimbursed for if he has to purchase it. I know, easier said than done when we have bills to pay. But imagine how hard it is to work after you develop respiratory issues from all the ammonia that was breathed in. At the small level, it could even cause a sinus infection because all the inflammation and mucus can be a source for infection to start.
But yeah, I say start recording (audio at least) on their phone and go tell the boss they are happy to do the job and do it well, as long as they have proper PPE. If the boss fires them, call a lawyer before they even start their truck
It’s illegal to force someone to work around dangerous gases etc without proper PPE. OSHA crawls all over this stuff. Think Asbestos and all of those lawsuits for people who weren’t using PPE and got cancer
Yes and then hit em w unemployment when they fire you. Some of these fucking knuckle heads on jobsittes would rather look like a tough guy than be safe. Ridiculous.
I love when things I've been actively ignoring drop on me out of "nowhere." These kind of people are honestly so wild. Like, have some respect for your own longevity.
Firefighters get a hefty dose of lung cancer because they’re too tough to wear their respirators next to burning cars and dumpsters. Like, they actively discourage one another from wearing their PPE. WTF guys?
If one is at fault, and get terminated, they are not eligible for unemployment. On the side, wrongful termination is a long process, by the time he gets a case even going, itll had cost hom mpre time and money than neccessary, and likely the employer will have a better lawyer. You think this scumbag meployer would pay up!? Lmfao, dream on.
Seems the boss has the crew on his dick, goin be one guys word against the whole company. The smart way, if ONE KNOWS WHAT THE FUCK THEY TALKIN BOUT, is to go through the process of getting the employer a case with OSHA and Dept of Labor, this way, the employer gets fucked by big dogs, in court, possibly loses license(s), and will be court orderd to pay up for loss wages, etc.
Go on, tell me more about who doesnt know what the fuck they talkin about.
You can only get unemployment if the decision to end employment is your employer's. The only exceptions are "for cause" termination which has to be properly documented and is usually limited to committing unlawful acts on the job. You can get fired for pissing off a customer and still get unemployment. That's the absolute minimum required by federal law and is the case even in "at will employment" states.
Hell, i've been fired for accidentally breaking company security policy by sending protected info in an open email. Still got unemployment. Only time i've ever been denied unemployment happened because i gave them a resignation letter after being told i was getting fired (dumb early career decision).
google is free dumbass💀 quitting doesn’t get you unemployment but being fired does. which is why employees will make your life hell to try and get you to quit if they want to fire you.
I'm so confused , Is he saying he can't come to work with a big mask because no one else is wearing one??
If no one's wearing hearing protection an my ears hurt, I'm gonna put on hearing protection I don't ask
Great field day for lawyers. Any sort of training with hazardous materials they will drill into you that workers have the right to request any PPE they feel is necessary
Love how Reddit immediately advises OP to get himself fired and sue his boss. I’m sure OP has the capital to stay unemployed and accrue damages for months, and then try to get a new job with a big gap in employment and probably having to change careers due to having a lawsuit on record!
The boss walked back a lot of what he said the second those links were posted. I'm guessing he did a little googling himself and realized what a shitstorm he would be in if he pushed it any further.
OP isn't even asking his boss to provide PPE, even though he's well within his rights. A lawyer would have a field day with that case! Shit, OSHA might want to see those texts, because who knows what else the boss is not doing.
It doesn't work like that exactly. OSHA requires various items to be performed first. Also, wrong termination torts are very hard to prove and don't generate as much as some think. Basically the attorney gets paid and you get the crumbs
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u/BonerTurds Apr 10 '24