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!
ZombiFrancis@sh.itjust.works 1 day ago
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.
LillyPip@lemmy.ca 1 day ago
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?
StupidBrotherInLaw@lemmy.world 12 hours ago
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.
ZombiFrancis@sh.itjust.works 1 day ago
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.