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Dealing with dangerous chemical, boss demands

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TheNewNumber2

Junior Member
(I live in Florida)


Okay, poorly worded suject line (if any of you got a better one, please let me know).


I worked for a cleaning company (a lady and her nephew) contracted out by a company for a store here which is a national chain.


One of the things I had to do was use a propane buffer to buff the floors.

The store management -- who demanded the propane buffer be used (since the slow moving electric one wasn't cutting it) -- said the propane tank couldn't be left in the store, and OSHA would fine them $10,000 if caught.

My boss wanted ME to tank the propane tank home. I refused; my reasoning: it's not my responsibility, I have no where to store it, and it's a dangerous chemical.

Ended up having to put it out in the woods behind the store.

Two other employees -- she held their jobs over their heads if they wouldn't transport the propane buffer and tank to their store (another national chain) to use it. Even though the buffer did not belong to her, but the company that contracted her out.



Propane is a dagerous substance, and it has a foul odor. Is it my imagination, or is it ILLEGAL for her to be asking employees to take that stuff home? Is it illegal for her to ask me to carry it in my CAR to go get it refilled?

Is it illegal to hold someone's job over their head over using an it and a tool that doesn't even belong to her?


About a dozen people (strangers behind the building, police, garbage men) saw me put the propane tank out back, and I warned her it's a Christmas tree affect; they know, they tell somebody, those people tell somebody -- it was only a matter of time before it got stolem, which it did. She tried to blame ME, even though I and the store warned her, and she said he had had three or four stolen before. If I reach her again over not being paid, and she tries to hold that over my head and claim it out of my paycheck, what do I do?


(in the end, the store and the company that contracted her, got fed up and canned her, and there went my job)
 


Dave1952

Senior Member
Propane is not an especially dangerous chemical. It is flammable and it's kept in pressurized cylinders. Many people heat their homes with propane. It's also pretty common for grilling. Storing a cylinder of propane in your home is not illegal. Making the storage of a tank at your home a job requirement is probably not illegal.
Even so, your employer should have provided you with training about transporting propane. Also the vehicle used for propane should have been set up to transport pressurized gases safely. It may have been illegal for you to transport the propane.
Were you ordered to "hide" the tank outside the job-site or was that your idea? Your boss may have a claim for the missing cylinder if it was your idea.

Good luck
 

TheNewNumber2

Junior Member
No, the store management ordered it out of the store because of OSHA fines if caught with it in store.

I can't take it so outside was the only place. She lives in another state, her nephew travels all over (at least she claims) working at other places.


Thing about home propane tanks, their typically installed by someone who knows what they are doing and the only thing you really have to do is site there when a truck comes and refils it. And propane cookers, you own the tank, so you can take it home of course. I take home a propane tank that doesn't belong to me, without written permission from her. Assuming it's even her tank to begin with, and not just another in the series of lies she told.
 

justalayman

Senior Member
could you clarify a couple things?

do you work for an independent company hired to do the floor maintenance?

are you an independent contractor or an employee?

who owns the buffer and tank? You, your employer, or the store

who, from which entity demanded you take the tank home with you, or at least remove it from the store?


were you terminated or is this simply a current problem looking for a resolution?
 

Some Random Guy

Senior Member
I can't take it so outside was the only place.
No, you didn't want to take it. So instead you left it unsecured and unattended on somebody else'e property. That alone should be good enough to fire you.

I take home a propane tank that doesn't belong to me, without written permission from her.
Do you require written instructions from your boss for all of your duties? If you were my employee and you demanded that, my next written instruction would be a note telling you when to pickup your last paycheck.

Assuming it's even her tank to begin with,
Whether she owns, leases or borrows the tank is of no concern of yours. You have no evidence that the tank is stolen, so don't even try this issue.

How big is the tank. For tanks under 90 lbs, there are no DOT rules for transporting tanks/cylinders. Also there are no federal rules about residential storage of small amounts of propane, but your state and city may have some laws. NFPA or National Fire Protection Association Code 58 addresses storage in industrial parks, buildings, retail establishments but doesn't apply to your home.

See this department of Transportation site:

How to Comply with Federal HM Regulations - Federal Motor Carrier Safety Administration

Propane is a Division 2.1 Compressed flammable gas. They only care about large quantities for transport.

Think of it this way: Lots of strap two 40 lb LP gas canisters to their RVs and drive them all over the country. Why can't you transport them?
 

justalayman

Senior Member
Think of it this way: Lots of strap two 40 lb LP gas canisters to their RVs and drive them all over the country. Why can't you transport them?
Leaky Propane Tank Explodes In Car - Portland News Story - KPTV Portland
CTV Edmonton - Propane tank explodes in car sending man to hospital - CTV News

and there are many more. With an RV, the tank is transported outside of the vehicle. Tossing them in the trunk of a car is another story. Unless a person is experienced with transporting LP gas and especially if they are not familiar with the signs of a leaking tank, they should simply refuse to transport such in their vehicle.
 

Some Random Guy

Senior Member
I'm not saying that the person should transport the propane like an idiot or crank open the valve and try to grill some hot dogs while driving. Its just that there aren't any federal rules/laws against transporting propane tanks in your car.

Obviously, if you have a strong odor of propane in your car from 3 leaky tanks in your trunk, then you would be a fool to generate sparks by starting your car. As the second linked story points out, there are fools in canada.

(But so as not to unduly aggravate our canadian posters, I will admit that there are fools in the US who play with flammable gases
2010 Darwin Award: Barrel Ride, With Flames!)

So the poster's contention that she couldn't transport the tanks is likely false. It is a matter of her not wanting to transport them or not knowing how to transport them. Not wanting to do your job can get you fired. Not knowing how to do your job sounds like a management issue.

Remember, the poster originally asked:
Is it my imagination, or is it ILLEGAL for her to be asking employees to take that stuff home? Is it illegal for her to ask me to carry it in my CAR to go get it refilled?
And the answers are no and no, provided that we are not talking about 100+ pound industrial cylinders of propane.
 

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