SAFETY ON THE JOB
You do not have to work in unsafe or unhealthy working conditions.
You do not have to perform an unsafe deed.
There are several city, state and federal agencies which are charged with the responsibility of
keeping the workplace safe. In most states the state government has taken
on the safety and health inspection duties of O.S.H.A. You can usually
find this agency by calling information in your state's capitol and asking
for the state's labor department OR you can call the free federal information
number in the front of the phone book and ask for the local O.S.H.A. phone
number.
If you make a complaint to a state or federal O.S.H.A. agency you are
protected against any retaliation. You should remember that you have,
in most cases, a very short time period to file a retaliation charge.
If you and another worker complain about safety, you are protected by
the National Labor Relations Act. A retaliation charge has to be filed
with the Regional office of National Labor Relations within six months of the
occurrence.
In some cases workers can use city or county agencies to correct a problem
such as a fire hazard, unsafe building structure or health hazard. There are
federal agencies which are responsible for safety and health in mines, aboard
ships and in harbors.
When making a complaint to a state or federal O.S.H.A. agency you have to
give your name, BUT you can ask that your name not be given to the
employer. We suggest that you call the state or O.S.H.A. office if there is
an urgent safety hazard. At a local Sioux City factory a large furnace
malfunctioned causing a small explosion. When management ignored the pleas of
the workers and made plans to restart the furnace, a worker called the state
O.S.H.A. office. A safety inspector was dispatched immediately and ordered
the furnace shut down.
In most cases I would suggest that your complaint be made in writing.
Be sure to keep a copy for your records, Fully explain the problem and give
any suggestions you may have. Send along a complete diagram of the workplace
showing where the safety or health hazard is located. It is a shock to
management to have the inspector walk directly to the affected area. In many
cases the employer will try to lead the inspector to a different area.
Be sure to note the hour(s) that the problem exists: If the air in the plant
is bad in the afternoon, you surely don't want the inspector showing
up in the morning. In your written complaint you can ask to speak with the
inspector the night before the inspection. You may want to ask to be included
in any proceedings which take place after the inspection. Ask for copies of
any citations.
You have the right to step out into the aisle and speak with the inspector.
You have the right to show the inspector the safety or health hazard.
You also have the legal right to organize or participate in group
activities to correct safety problems.
There is a relatively new law which really helps workers, but very few
realize it. More important is that most employers do not know that the
law protects most workers.
If your employer has 50 employees within a 75 mile radius of where you work
If you have worked there for at least one year
If you have worked at least 1250 hours in the last year
and
You are sick and under a doctor's care for over three days
or
An immediate family member has a serious medical condition which
requires your absence from work
THE EMPLOYER CANNOT DISCIPLINE YOU FOR THE ABSENCE.
You have to be given up to 120 days off work under this law. This time can be taken as needed.
You can take it off an hour, day, week or month at a time. The
employer is not required to pay you for the time but must carry your health
insurance while you are off. You will have to pay the insurance premiums
you normally paid(if any). In some cases this can be paid upon returning to work.
The employer must give you your same job and on the same shift when
you are ready to return to work.
A parent has the right to a maternity leave under this law for child
birth or adoption. Both the mother and the father can have
the time off.
You no longer have to choose between your family or your own health
or your job. If your employer violates your rights under this law, you
can have the U.S. Department of Labor(Wage and Hour Division)handle your
complaint or you can sue the employer for lost wages and benefits
plus legal expenses.
In most cases if you have been hurt on the job and leave that job
the employer is responsible for the injury. Every state has different rules
and regulations governing worker's compensation. There are, in most states,
some very critical time limits. If you have an injury from the job, you should
consult a good worker's compensation attorney.
Not only do you have to deal with the emotional stress caused by the job
itself, but you now have to cope with the loss of the job.
Your pay has stopped.
You no longer have a place to go each day.
We strongly recommend that you seek counseling. Many organizations provide
excellent support for the unemployed at very low rates. Your pastor
or your priest are usually trained in helping people to adjust to major life
changes.
Contact your creditors and advise them of the changes in your employment status.
Most businesses will be glad to work with you during your period of unemployment.
Stay active. During my period of unemployment I tried to schedule at least
two things each day outside of the house. This required me to get up at my
normal time, to shave and shower, to get dressed and get out of the house.