Is There A Lawyer In The House!?

[hidden]

Going to pull a DD and ask if ther is a lawyer I could get advice from.

Being forced to use safety equipment that is not certified for the temps we are suppoesed to use them for. I had refused to wear them because they did not work and got suspended a few months ago. Have constantly complained they don't work and keep singing my finger tips and keep being ignored. Did some research and found that the gloves are only good for up to 225F and being forced to use them at 340-425F. Still in the process of contacting the company to double check they don't have something else not listed on their site.

What is the best way to proceed?

[WaddleBoyUK]

I'm not a lawyer but I was the health and safety officer for a commercial laboratory for 3 years and I often came across things like this.

If you are in the UK and this is happening I would recommend contacting your own internal health and safety department or manager first, before kicking off too much. If this doesn't work the Health And Safety Executive website is a great next point of call, or if you aren't in the UK then I assume other countries have an equivalent organisation who can get involved if a breach of H&S is suspected and is severe enough to be causing regular injury...

[sarah_ab]

OSHA google them contact them file a formal complain thru them

[Rihanna]

OSHA google them contact them file a formal complain thru them

That, immediately! There is something wrong with being forced to use "safety equipment" that it is not made to handle.

Curious, why must it be by hand? Do they not have tongs or some other device for handling hot materials?

[hidden]

It's by hand since it is close quarters.

Finally got in touch with the glove company.

Sounds like the company works with McDonalds (where I work) so I will probably get no where...

A lot of insulation vs. dexterity vs. how long of contact...

[fideliuscharm]

I dont know about your jurisdiction, but here, employees have a responsibility to report to management, as they are ignoring you, it sounds like you're gonna end up either losing your job if you cant resolve the situation in a positive manner. (they'll find a reason to fire you if you stir up too much, or you'll leave (with severance) for unsafe work conditions aka constructive dismissal.)

your first step is contact your local government workplace safety agency, dont file a complaint immediately, instead make sure you understand your rights/obligations/responsibilities, and those of your employer and the consequences of any actions you take, typically the agency will have advisors who can tell you what your best options are based on your situation.

[Little BabyDoll Christine]

Go here

http://www.handelonthelaw.com/home/

they are a clearinghouse for lawyers of many kinds

And see if there is a workplace safety category. Otherwise try Personal Injury and seek advice

Otherwise it is just people beating their gums with no legal standing at all

[redneck diaper boy]

No busines should force you to use faulty equipment. Try and deal with the situation on a diplomatic basis. Contact OSHA as a last resort only. Under law, an employer cannot fire you for complaining. What employers do is they look for and find other reasons to fire you.

[Guest gnappies]

Do other employees have a similar problem?

Are the gloves 'issued' by your employer, (McDonalds?), not sourced locally?

[hidden]

No one else has said anything.

Not sure who's idea it is to get them (our owner or McD Inc.)

Thanks for the advice, but I am probably not going to do anything though after talking to the company since there are more factors than I know at play so I probably wouldn't win.

For those that are curious: www.tuckersafety.com - the blue steam gloves

[Letluvsrool]

McDonalds has lots of lawyers and lots of money so I don't think that's the best route to go with. You should try contacting local news stations and see if any of them are interested in the story. Pretty much the only way to have any effect on a company like that is massive negative publicity.

[sarah_ab]

oh see i thought the only thing u were trying to 'win' was safer work conditions... in which case contact OSHA... however if you are looking for a lawsuit.. yeah not gonna happen..... osha is there to protect employees from unsafe work conditions....

[Bettypooh]

I think the best results would be to take the 'inside the company' approach. Start with writing down exactly what the problem is, asking ohters to do the same if they have issues, research and print whatever data you can find about the inadequate equipment, and try to work with local management to get it resolved. Be nice and approach this as a problem area where you can see possible improvement and make it clear that you'll support them if they will take it forward. If you don't get results, write down those details and keep taking it one step higher with the same approach until you run out of steps. With a company such as thios, I'd bet there is a safety specialist in the structure- look for that and if there is, that's the person to work with before going higher. Be aware that this whole process may take a couple years- to the highest management levels this is almost a miniscule problem and they're not going to adress it quickly. By then you're going to have a stack of documentation showing that you did everything you could to resolve this in the proper manner. Then take it all to OSHA, or you may want to try to get them involved about halfway through the previous steps. Don't just call them, file a formal complaint with them using the process they require. Again it will take time for things to get moving. If indeed the equipment isn't rated to do what they are using it for as you say, that should then resolve in your favor. If it doesn't then you've got a decent basis for a lawsuit. Then is the time to get the media involved if you want to go there.

The general principle of law requires you to act to protect yourself and attempt resolution first. Not required but smart is to not be a complainer, but to bait with honey and not vinegar- in other words be nice and sweet and innocent to get better results. Another angle is to see if there is a union in your area for your type of job. If they have heard similar complaints maybe they will help you press this forward; but I'd wait to draw them into this until I got way up in management to avoid problems with the stupid sycophants than usually inhabit middle management positions. Right or wrong your job is at risk throughout this process so you need to be on your toes there and perform well while you're doing this. And you need to be ready to be fired- they'll find a reason to do this if they want to no matter how good you are. This is why the concept of 'right-to-work' doesn't work, as it empowers the employer at the expense of their employees and they always take advantage of that. 'Right-to-work' is just a nice sounding way to say "small people don't matter"!

Unless there is not a better protection product or method available at a reasonable cost you should eventually reach a resolution. Always come from the position that you're not seeking money- all you want is to improve safety for everyone and to cover only any expenses you've incurred. If you do get fired, then you go for the money too because they erred. Big corporation lawyers are almost unbeatable in court, but they also cost a bundle so the company will often settle instead. If they do, as a part of that settlement you demand what you originally sought- better equipment for the job- and don't give in on that point when they attempt to buy you out. Remember these guys don't always win. My last choice of attorney was the junior partner of a firm who just won a huge settlement from WalMart for their client. He cost me a bundle but he got me a satisfactory resolution which was heavily against the odds. You need that kind of lawyer if you need a lawyer at all.

If things go well, you may find yourself being seen as a company hero, having made thigns better for worker and management who may not have known of a problem which might be more widespread than you know. Or you may get the short end of the stick and suffer from that- but at least then you wil know that you did the right thing and tried- and that's all we can really do.

Good Luck!

Bettypooh

[packrat]

Hidden:

I couldn't tell if you are in the USA. Earlier advice on contacting OSHA is my first recommendation. Although if you are no longer working at the franchise, you don't have standing. Others there do, If in the UK or elsewhere, I don't know who is the government oversight for labor. American employers like McDonald's have what is called an 'general obligation to protect' workers from injury, even if there isn't a specific rule on the personal safety equipment that you are asked to use.

Also, many McDonald's are franchise operations, some with many outlets, though. Unless it is a corporate restaurant (and I don't know how they parse out their franchises) you shouldn't fear the legal department of the owner. Getting others at the location to share in a common letter to the store owner and copying the government agency responsible for safety, as well as a local news organization could get you some positive outcome.

Not working really sucks.

Rat