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Temperature

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TooHot!

Junior Member
What is the name of your state?Florida

Not quite sure where to put this...

I live in South Florida and work in a drive-thru convienience store, full time, while I earn my degree and raise my kids.

This store is aproximately a 15' x 30-35' (guess-timate- not more than 40') store in which 15' of the legnth is the cooler.

The is an A/C unit to this store, which is supposed to air condition the 15'x15' area that is not in the cooler, does not work. It blows air, sometimes hot air...sometimes cool air, but never cold air. No fans are located in the store.

In addition there is an industrial oven (to cook and re-heat cheese bread and french bread) that is on 350-400 degrees 24/7. This oven has no ventilation system for the heat produced by the oven to escape..except into the 15'x 15' "working" area.

On most days it reaches temperatures outside of 90 plus degrees...add the heat index and it is aproximately 100-115+ degrees. With the added heat of the oven...It reaches temperatures of 120+ inside the "working" area of the store. The over-stock of two liter soda products frequently spontaneously combust because of the heat.

I often experience faintness and nausea due to the heat. Although I consume plenty of water and Gatorade. (at my expense..of-course!)

I have searched high and low through the state statutes and employment law and have found nothing that I can use to encourage the management to either....

A) Fix the A/C and put in more vents
B) Require that the oven have a ventilation system attached to it so the heat is directed outside.
C) At the very least put in some fans to provide air movement (and possibly cool it down)

OR ALL THREE WOULD BE NICE!

Is there any state statute or law that I have overlooked that may help my concerns?
 


TooHot!

Junior Member
Thanks for the reply cbg!

Yes, I did read previous to writing my post that there is no set "high" temperature ( by osha) that an employee could possibly be exposed to. Just preventive measures to be taken to avoid heat exhaustion.

I was just hoping I missed something.

I do agree that there are others.... such as "roofers" ( and many other constructon workers and laborers) that have to be exposed to the "outside" heat conditions. But they have the wind and a light sprinkle (of rain) to alleviate thier heat problems (most days anyway...especially in afternoons here in S. Florida) We, on the other hand, are bound by glass walls that don't allow wind (or a minuscule amount of wind) to pass....plus the heat of the oven.

I guess my main concern is the oven. Do you know of any law or Florida regulation that has to do with the heat let off by an industial oven be vented outside? That would greatly reduce the heat in my working environment.

And just a side note......In most northern states there are regulations concerning outside workers and temperatures outside during the winter.....It blows my mind that there are no regulations in southern states about heat....
 

cbg

I'm a Northern Girl
I am not personally aware of any such regulation but I've never had occasion to need to know of one, either. While I've had employees in Florida none of them have been in an industry where I would need to know the regs for industrial ovens.

However, I have a friend in Florida who used to do HR and payroll for a restaurant chain. I'll see if she knows of any.

BTW, I have a part time night job where due to an abnormality in the air flow, the area surrounding my desk is often in the mid to high 80's and I am particularly sensitive to heat. My manager had no objection to my bringing in a small fan of my own even though she could not provide one. Have you asked about that?
 

BlondiePB

Senior Member
The number of non-drive thru convenient stores that are properly air conditioned far exceed the number of drive thru ones. What's wrong with changing places to work where you'll be more comfortable?
 

TooHot!

Junior Member
**cbg...

Thanks for your reply.

However, I have a friend in Florida who used to do HR and payroll for a restaurant chain. I'll see if she knows of any.
Thank you.

My manager had no objection to my bringing in a small fan of my own even though she could not provide one. Have you asked about that?
Yes, I have asked. And they (Management) have said "No". They maintain that it will be in the way of our "path" to walk while performing our duties. They also had the same response ("No") when I suggested I could place the fan on a shelf.

They promised (over two months ago) to install fans that would be mounted on the wall. The store still doesn't have the fans.

**BlondiePB...

Thanks for your reply.

What's wrong with changing places to work where you'll be more comfortable?
I am currently searching for another job while completing my education. However it is difficult because I am not bilingual, ( I uderstand alot more than I can speak) and here in S. Fl., that is what is prefered.

I guess I am just looking to make the environment more comfortable for everyone. The current employees, future employees, and myself. (As long as I am there)
 

BlondiePB

Senior Member
I am currently searching for another job while completing my education. However it is difficult because I am not bilingual, ( I uderstand alot more than I can speak) and here in S. Fl., that is what is prefered.
If you are in Miami, being bilingual is pretty much mandatory, but not the rest of S. Florida -- though it is very helpful.
I guess I am just looking to make the environment more comfortable for everyone. The current employees, future employees, and myself. (As long as I am there)
That is perfectly understandable, and I wish you well with your studies. Finding a law about this situation, which I don't believe will be found (but could certainly be wrong), could certainly result in you being terminated when the employer is demanded to comply with it. The path of least resistance is always easier to travel. ;)
 

boonehead

Member
You may want to check into building codes rather than labor laws for a solution.In most states cooking equipment is required to be hooded and vented. and if the oven is a gas operated it definately must be vented your state may require a hood or just a flue pipe .
 

TooHot!

Junior Member
Thanks for everyones reply.......

Boonehead--It is an electric oven.

I have a new issue...And I don't see the need to start a new thread, seeing as how it pertains to this situation.

So...I found a new job. I am not one who likes to disrespect people or slack off on my responsibilities....so I gave my "two weeks notice" (fully willing to perform my duties until my two weeks are up).

This job has now only scheduled me for ONE day next week. I am a full-time employee.

I am completely ignorant on this subject, so please forgive me....but since I am full time, do they not have an obligation to schedule me for full time hours?

Or is this what they call "constructive firing"? Meaning they schedule me for less hours hoping I will quit early (therefore I will not be able for WC)?

Or is this just typical...and I should welcome the break?
 

boonehead

Member
they do not have to schedule you at all if they don't want to. You can go to your new employeer and explain you are only scheduled for one day at your old job and you are willing to start earlier if needed,you just can't work that day. Personally I would start my new job a week earlier if the new employeer allowed, and just call off for the one day my ex-employeer scheduled me if they do at all for the final week
 

cbg

I'm a Northern Girl
Sorry I was not able to get the answer to your other question.

In this particular situation, boonehead is correct. The company is not obligated to schedule you for any hours at all. They could quite legally have accepted your resignation and sent you on your way that very day. It not a constructive discharge or any kind of discharge; you resigned; they accepted your resignation. They are not required by any kind of law to let you work your notice period.
 

TooHot!

Junior Member
That is what I thought.


I am not too heartbroken over working just the one day, given the work environment. I was just curious.

Thanks for all of yall's help.
 

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