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Possible saftey violation?

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Brian99

Guest
Working in resturants for the past 4 years or so has made me sick and tired of all the BS that the management/owners place on their workers, and 99% of it is probally unesccesary. Anyways heres my question. I worked in a resturant about a year ago at this time (Feb-Mid March), this establishment was a ma&pa owned place so I thought it would be better place to work than those "chain" places. The owner of this place wanted the workers to use some kind of "behind" crap everytime they were near anyone and to let them know that they were in the way. The reasons I disagree with this beacause it is vauge and based on my own experience, the jargon junk tends to make things worse. There was one incident that really ticked me off and the owner had a one track mind and didnt see things the other way around. One evening I had to open the door to some fryer to get out some french bread that was cooking, the bread was done so I proceded to open the door to the fryer and remove the tray of bread. One of the doors was literally beind the owner of the place which was making some food. The owners son was also working at the time, sort of an assistant to me and to other workers (I was a dishwasher). Anyways not knowing how to get at the door in a safe manner for me to close it the owners son who was standing next to me decided to point it out to his dad and warn him of the danger of the door which had a sharp edge on the tip and I was unsure if it was hot or not so I agreed with letting the chef know, the owner turned his head to see what was wrong and got all pissed off because I was trying to prevent him from getting hurt on a door! Then he procededs to tell me in a jerkish voice "you dont have to point it out to me, BEHIND, BEHIND" Then I thought in the back of my head, you stupid fat prick. I also thought I was only trying to prevent someone from getting hurt and and know this was a situtaion where jargon would result in the worse result. Not using a logical mind, he automatically assumes that I pointed it out to him, but why would I call him "dad" to get his attention when his own son (aged 13 or 14) told him about that danger. Now he shouldve known better than to yell at me when his own kid called him dad, duh. Then you got to think about situtaions that a concrete literal warning is the only way to go, like if someone didnt get the "behind" message and to let them know if your behind them is to let them know that youre there by pointing it out to them. Im sure ive brought up something that is common in resturants, from what ive heard, resuturants are known violators and sometimes the biggest violators of OSHA and other saftey rules. This happend in Michigan (Allegan Co.). I was not fired, but rather the business folded up due to financial trouble. Ive also heard by labor laws that you have the right to know what is near you and bystanders must warn you of dangers too. Any clarification on this would help get this monkey off my back. Thanks to all that relpy.
 


N

NYSLaw

Guest
NYSLaw

Unfortunately, No.
There is no Law that prosecutes people for been stupid or for simply yelling at a worker. And as long as life and limb is not in jeopardy here, you don't have a leg to stand on. But don't take my word for it.

Visit this site for Questions & Answers for Small Employers on Employer Liability for Harassment by Supervisors and let me know how you make out.

It is from The U.S. Equal Employment Opportunity Commission.

http://www.eeoc.gov/search?NS-search-page=document&NS-rel-doc-name=/docs/harassment-facts.html&NS-query=+harassment&NS-search-type=NS-boolean-query&NS-collection=EEOCSITE&NS-docs-found=512&NS-doc-number=2

Good Luck to you my brother and Happy Father's Day.

[email protected]
 
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Brian99

Guest
Im really not worried about the stupidity of the BEHIND thing, just the legal technicalites regarding it, and how the OSHA law that stated you have the right to know what is near you in all directions, regardless of what kind of business it is, Let me know if im wrong on the law but thats at least how I interpet the law.

Im sure there are probally some loopholes somewhere in this, but looked at the link you provided, I know there could possibly be some harrasment info invloved but my main concern is saftey and legal implications. I mean, all I was trying to do was to avoid a minor injury at the most, but as you said, it only includes life and limb.

If you could, can you find a link on OSHA laws regarding the right to know what is near you at all times, regardless of business, if it exist. Thanks.
 

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