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Author Topic: I'm thinking of filing a complaint with OSHA and could use some advice.
Derrell
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The place where I work has no air conditioning. In some places that might not be a problem, but this is The metropolitan Phoenix area. During the summer temperatures can soar as high as 120 degrees

I work in the snack bar at a drive in movie theater. While the building has no air conditioning, there are many heat sources. They include the popcorn machine, three food warmers, and two pizza ovens.

Here in the Phoenix area, the temperature inside our car can reach 140 while it's sitting in the parking lot.

There's a small a/c unit in the stock room to keep the candy from melting, and one in the office to keep the computer and the manager from melting, but those of us who work in the snack bar have to suffer.

I'm afraid that one day I'll pass out from heat exhaustion. Does this even fall within the scope of OSHA's area of responsibility?

So, is it worth filing a complaint, or should I just start looking for another job?

If I file a complaint, what happens next?

How does one go about filing a complaint?

Come July and August it's going to be like an oven inside that building. I now know how a Thanksgiving turkey feels while it's being cooked.

Any help and or advice would be greatly appreciated.

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slacker
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I'd check with Feyd to see if he has any contacts that can look up the building regulations (if you don't want to talk to OSHA right away).

Having been through the summer heat without a/c, I know just how badly it sucks, and yes, you need to do something to find a way to cool off.

Personally, I'd steal their ac unit and stick it in your booth, but that may not be possible.

Good luck, man!

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Derrell
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slacker, I'd love to steal the a/c unit out of the office, but it's one of those window units.

I think I will talk to Feyd. Hey Feyd, if you read this, can you email me. Email's in my profile.

I do want to explore my options before contacting OSHA. I'm afraid of reprisals by management. I know that it's illegal to fire someone for reporting hazardous working conditions, but I'm sure they could find ways to make my life miserable.

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Derrell
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Well, I e-mailed Feyd, so I just have to wait for a reply.

Besides retribution, I'm also afraid that the company might just shut down the drive in rather than complying with an order from OSHA to add air conditioning. That would leave all of us out of work. [Wall Bash]

Has anyone here ever filed a complaint with a state agency or OSHA about their workplace?

edited for spelling.

[ May 12, 2004, 07:32 PM: Message edited by: Derrell ]

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Valentine014
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Does this help? [Dont Know]
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pooka
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Interesting, Valentine. It looks like a written complaint to the management and giving them a chance to rectify the problem would be first, then if nothing changes you could call OSHA. Based on the reference to prior complaints.

see III. A. 2. Let's see, what might be good is a couple of verbal complaints which you can then reference in your written complaint. Also ask the management if there have been any cases of the various heat related complaints before.

[ May 12, 2004, 08:56 PM: Message edited by: pooka ]

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Jeni
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You could probably get at least a bit of direction if you call your congressperson's office.
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Richard Berg
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I worked in an unairconditioned hot-food stand in the middle of South Texas summer once. I have to say that even as an enlightened 16-yo I never thought about an OSHA regulation. But hey, it's worth investigating. Don't go completely behind your management's back...
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Derrell
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I have complained to management about the heat. They don't seem too enthused about rectifying the situation.

I'm definitely not going behind maqnagement's back. They know how I feel about the situation. That's one reason I'm worried about retribution if OSHA notifies them that a complaint has been filed.

Like I said before, I'm afraid that the company would decide to close the drive in if they were ordered to install Air conditioning. The company pays it's employees next to nothing and doesn't offer benifits.

I'm not sure whether it's worth it to file a complaint or if I should just look for another job. I seriously doubt that I'll be able to deal with the heat inside the building come July and August. [Wall Bash]

Thanks for all the advice. I'm just not sure what to do. [Wall Bash]

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Annie
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If it helps, Derrell, I had a job once at a laundry service in which I was standing on concrete all day, no floor mats, lifting wet linens out of machines, with no back braces or anything. After 4 days of work I had dislocated my sacroiliac. I was terrified that I would anger the manager and lose my job.

My chiropractor urged me to find a new job, but I was hesitant. She told me "people in this country have been struggling for workers rights for a century. You don't have to work somewhere that causes physical pain or discomfort. Do yourself and your society a favor by reporting the claim to workman's comp and finding another job."

It was a great decision. Don't work somewhere that's essentially a sweatshop. (Hee hee - quite literally in your case) Your skills and time are worth more than that.

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Derrell
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Thanks Annie, that did help. (((Annie)))

To all those in the Metro Phoenix area, does anyone know of a company that's looking for customer service reps? That's what I have the most experience in. I'm pretty handy with a computer, though I don't have any certifications.

I need a new job. [Wall Bash]

edited for spelling

[ May 13, 2004, 03:35 AM: Message edited by: Derrell ]

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Dan_raven
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Some thoughts:

Get a cheap thermometer and hang it in the snack area. Write down the temperature hourly in a log. This will go far in making you sound professional. Instead of complaining that its hot, you can show that an average dailly temperature in the area is 110 degrees Farenheit or what ever it works out too.

Write a dated letter to your manager with this information. Keep a signed copy for later.

In the letter show him how the cost of air-conditioning will be cost effective for the company. It will reduce employee turn-over and new training costs. It will add life to the equipment running in the office. It will save the company from expensive law suits when injuries occur due to heat exhaustion. That in turn may lower insurance costs. It will increase sales, because stinky sweaty people do not encourage customers to buy more food.

If he has a manager over him, send the letter on up the chain, only after he has had a chance to shoot down your idea.

Then when upper management shoots down the idea, you have a case for Osha.

Or when someone gets ill, you have a great story for the local TV Station.

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AmkaProblemka
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It will probably also increase sales because the snack stand will be a somewhat more comfortable place to be than elsewhere.
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angelily
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I used to work at OSHA, and you can file a complaint, giving them your full name and address. However, if you request that your name remains anonymous, OSHA will not tell the company who made the complaint. This takes into consideration if they think it is worthy of an inspection though. Any outside sources that later request the report won't be able to receive a copy of the complaint; OSHA's pretty good at keeping it confidential.

OSHA will also let you know if they conduct a inspection or not, if you give them an address.

[ May 14, 2004, 03:50 AM: Message edited by: angelily ]

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Sopwith
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Derrell, head to a temp agency... they always have spots for customer service folks. They pay ain't bad and the work is generally easy.

Another method is to pick a really hot day and twenty minutes before dark, have everyone who works in the concessions stand call in sick. Let the manager work a night in the heat and see if something doesn't come from that. Keep on doing it until A/C comes in.

[ May 14, 2004, 11:13 AM: Message edited by: Sopwith ]

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KarlEd
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You could always just pass out from heat exhaustion while at work, sue the owner, buy the drive-in with the compensation check and put in AC yourself. That way you get a great new career and can keep everyone else comfortable and in work, too. [Big Grin]

Just a thought

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Derrell
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KarlEd, I was actually thinking about doing that. Well, the passing out part anyway. That would come naturally due to extreme temperatures in the building. If I do pass out, you'd better believe I'm talking to a lawyer.

It looks like I can't count on the company to resolve the problem voluntarily. I had an assistant manager tell me point blank that if I filed a complaint, the company would fire me. He said that someone filed a sexual harassment complaint against a fellow employee and both of them got fired. stupid company. [Wall Bash]

It looks like a temp agency is my best course of action for avoiding heat exhaustion.

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Dagonee
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Retaliatory firing for filing a complaint is the easiest employment lawsuit to win. [Edit: I'm not a lawyer yet CYA statement.]

Dagonee

[ May 14, 2004, 03:25 PM: Message edited by: Dagonee ]

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Derrell
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Dagonee, I know it's illegal for them to fire me, but they could make my life a living hell. I'm just wondering if it's worth the fight.

[ROFL] at the legal disclaimer, but I underastand the need for it.

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Dagonee
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"Bad faith" are magic words to a tort lawyer. They suggest punitive damages.

You do have to evaluate the living hell part. Many people don't take the costs (much more than money) of engaging in a lawsuit.

Dagonee

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skillery
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Derrell, by the time they get A.C. you'll be into a cushy new job anyway, so why bother with Osha?

As soon as your mother gets well, I think it's time to move to Prescott or Payson.

Things could always be worse. You could be working a drive-in in Gila Bend.

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Derrell
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skillery, I'm [ROFL]
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