cold weather

[denverb]

What is the name of your state? minnesota

i'm not exactly sure where to post this - if there's somewhere better just let me know!

my situation is this. i work outside doing construction. last week the temperature was -40 with the windchill. While my boss did not make me work in these temperatures, there have been other times that it was made quite clear that my crew and i were expected to work (i am the foreman). Is there some sort of osha or any other standards about weather conditions and what is appropriate to work in? they expect us to work in the rain and snow (a little is fine but there comes a point when enough is enough!) while climbing on ladders making it extremely slippery and dangerous. if anyone knows of anything i would appreciate it!

 

[HomeGuru]

What is the name of your state? minnesota

i'm not exactly sure where to post this - if there's somewhere better just let me know!

my situation is this. i work outside doing construction. last week the temperature was -40 with the windchill. While my boss did not make me work in these temperatures, there have been other times that it was made quite clear that my crew and i were expected to work (i am the foreman). Is there some sort of osha or any other standards about weather conditions and what is appropriate to work in? they expect us to work in the rain and snow (a little is fine but there comes a point when enough is enough!) while climbing on ladders making it extremely slippery and dangerous. if anyone knows of anything i would appreciate it!

**A: and when you contacted the state dept. of labor and the OSHA office, what did those people tell you?

 

[denverb]

i did not contact either of them because i do not want some sort of investigation or anything started. i can not afford to lose my job as there is NOTHING in this area with the same pay rates - due to child support i have to maintain the same wages or more.

basically, i want to be able to call my boss on it and say "i don't have to work in these conditions and if you force me to i'll call _____ and report it"

but, i don't know if there are any such laws so i came here for any possible advice before i get into something where i end up my butt fired.

 

[HomeGuru]

i did not contact either of them because i do not want some sort of investigation or anything started. i can not afford to lose my job as there is NOTHING in this area with the same pay rates - due to child support i have to maintain the same wages or more.

basically, i want to be able to call my boss on it and say "i don't have to work in these conditions and if you force me to i'll call _____ and report it"

but, i don't know if there are any such laws so i came here for any possible advice before i get into something where i end up my butt fired.

**A: Listen, when you make the inquiry calls, you do not give your name, job site, company name etc. You make a general call. Say your name is Mrs. Annon E. Mus and speak in a high pitched voice.

 

[I AM ALWAYS LIABLE]

i did not contact either of them because i do not want some sort of investigation or anything started. i can not afford to lose my job as there is NOTHING in this area with the same pay rates - due to child support i have to maintain the same wages or more.

basically, i want to be able to call my boss on it and say "i don't have to work in these conditions and if you force me to i'll call _____ and report it"

but, i don't know if there are any such laws so i came here for any possible advice before i get into something where i end up my butt fired.

My response:

Who said ANYTHING to you that an "investigation" would be the result?

All you have to is make your calls, and ask your questions. The DOL will be happy just to give you an answer - - not to start an investigation.

Just call and ask!

IAAL

 

[Beth3]

You can take a look around OSHA's web site and see if you can find anything: www.osha.gov. You may also call them and inquire whether there is any OSHA reg that addresses your situation. Calling and asking questions does not result in a complaint being filed against an employer.

I'm not an OSHA expert but I tend to doubt you're going to find anything that prohibits your employer from having you work outside in the conditions you describe. But you won't know unless you contact them and ask.

I'm not at all familiar with State requirements for those employed in construction trades but you might want to contact your State DOL as well. They may be able to steer you towards any State regulations that apply.

 

[denverb]

thanks for all the info. i didn't know for sure what would happen if i were to inquire so that is why i asked here first. i will check it all out. thanks

 

[HomeGuru]

last week the temperature was -40 with the windchill.

**A: if my boss made me work in similar conditions, I would say "Boss, take this job and shove it"
Oh, wait a minute, I am the boss and I work in an climate controlled office.
In that case, never mind.

 

[denverb]

that's exactly it! my boss is the owner and he gets to sit in the well heated office and do nothing! but we have to get out there and work because he wants to collect on the jobs. which i understand but you'd think he'd be thinking about the medical bills and whatever that he might have to pay when everyone is going in for frostbite and whatever else! definitely be glad you're the boss!

 

[HomeGuru]

Please post back with the info from DOL and OSHA.

 

[denverb]

update

i talked to someone at osha (osha and dol are the same place here) and there are no rules or guidelines about working in certain weather conditions other than the employer is required to be aware of the conditions and give appropriate accomadations.

ex: if it's really hot then water and breaks to cool down have to be offered. if it's really cold then breaks to warm up and somewhere to warm up have to be there. stuff like that...

so basically they can say i have to work in -30 degree weather if they want but i can guarantee you i won't be getting much done!

 

[hexeliebe]

Life is a real bit-ch sometimes. But at least in that kind of weather the boss won't know if you're laying down on the job or just frozen dead.

Look at the bright side, if you die as a result of the cold and he can't tell, he'll keep paying you until he gets his fat ass out of the office to check on you....probably around spring time.

 

[HomeGuru]

Writer you checked with the state office. What about Federal?

 

[denverb]

i have not checked directly with any federal offices but from what i read off of mn's osha/dol website (before i called) it says that employers are required to follow federal law and state law and that the state law may vary from federal (i'm assuming it would have to be more strict to trumph federal law?). i guess i just assumed that meant the information they gave me would be federal and state laws. i guess i'll have to check into the federal laws also just in case. good point.

 

[Beth3]

denverb, I suspect the OSHA/DOL person you talked to was referring to the "general duty" clause that obligates employers provide an overall safe workplace and you're just not going to find anything that dictates how employers have to handle extremes in weather. But of course you should call the federal offices just to be certain.