Comment on Sweatshop
LillyPip@lemmy.ca 3 weeks agoYes, but mightn’t this OSHA info be useful to put the fear of god into them? Based on what I’ve read in OP’s post and comments, it doesn’t sound like the employer is taking any kind of precautions (break room with AC, etc).
There’s no legal case here, but if people are unreasonably uncomfortable, it seems bringing up the OSHA regs (specifically, not generally) could at least get them to improve conditions a bit.
My ex and my son both work in a state and industry where OSHA is a guideline and not a rule, but if you bring up a possible OSHA violation in a health and safety meeting, it’s taken seriously. Not because they’re worried about citations, but because often that can be grounds for a civil lawsuit if something does happen (it’s a basis for ‘they should have known). Companies will try to meet those standards to cover their ass, right?
I’m talking about residential and commercial property management, not manufacturing, though, so it may be different.
The fear of god isn’t enforceable. The main thing you do in referencing OSHA is to demonstrate a level of knowledge, commitment, or at least interest in the issue. And most of the time it is the appearance of concealing a condition that is the enforced violation. This is usually what companies are actually sensitive to.
So while an OSHA violation is a serious thing, the conditions in question here (heat) are not a regulation that can be violated and therefore enforced in the same way.
Right, and that’s my point. If OP shows more knowledge than the company (which seems likely if they’re acting this way) by citing OSHA codes, that might scare them into at least providing air conditioned break rooms, right?
I meant ‘fear of god’ in the colloquial sense, not literally. Like, many grossly noncompliant companies at least begin to try when they realise, oh shit, people working here actually might know their rights and might sue us if shit goes arseways, right?
I get what you mean, and it’s a common thought and strategy. It just doesn’t work as well as one might think. Unless there is a union, employees are at a significant disadvantage. Forming a union would be FAR more effective than quoting OSHA regs.
The main thing is regulatory violations aren’t (usually) criminal so there’s a long administrative process to most enforcement actions. Companies overwhelmingly have the resources to litigate beyond their employees means. So if they have the resources to have legal council or a compliance officer, there likely needs to be a well documented paper trail of concealment or otherwise flagrant disregard or denial of improved conditions.
There not being A/C isn’t enough. Refusing requests to install A/C is better. The company removing workers fans to make a point goes further in a case. Then putting out an internal memo requiring zero ventilation and to lie to investigators is a strong case.
The issue here is there are no OSHA codes to cite. The hypothetical the other chap performed was for a different state that actually has heat regulations. Op is in New York, so the only thing covering their situation is the general duty clause which is tough to enforce due to it not citing anything specific.
SoleInvictus@lemmy.blahaj.zone 3 weeks ago
Oh no, please argue with me! I always tell my crews to call me out if they disagree. I’m not perfect, I get things wrong. It’s hokey but true: safety is a team effort.
I would recommend bringing up the OSHA guidelines as suggestions on how to improve the workplace and thereby worker morale. There likely isn’t much that’s enforceable that they could report to OSHA as it stands - they seem to be closer to “really damn uncomfortable” territory than imminent danger, but there may be more to this situation I’m not aware of. Getting OSHA in for something unrelated but enforceable is a good tactic too. Keep in mind a certain dipshit administration has cut funding and gutted agencies, so response times may be slow.
I do caution folks to be strategic about speaking up and filing complaints, and to keep a detailed CYA paper trail of EVERYTHING they can for at least a year afterwards, more if they have a sketchy employer. While it’s illegal to retaliate, at-will employment makes it really easy to do so anyhow. I know - I, the damn safety person, once got fired for getting hurt on the job!
LillyPip@lemmy.ca 3 weeks ago
That’s great advice, thanks. Also, thank You for doing what’s a mostly thankless job that keeps people safe. You’re in an industry that’s mostly invisible but that’s vitally important, and you probably don’t hear that.
I appreciate what you do.
SoleInvictus@lemmy.blahaj.zone 3 weeks ago
Awww, thanks! I’ve worked in some dangerous industries, which tends to make employees very grateful that I’m actively working to keep their bones undissolved (not exaggerating), so I luckily get a lot of love in between the safety cop jokes. Plus if they’re nice to me I’ll show them where they won’t get caught napping.
LillyPip@lemmy.ca 3 weeks ago
😳
Uh… story time? Or not.