Almost severely injured at work and now scared to return

[Zigner]

It might be something worth reporting to OSHA. Its a dangerous working environment. I would give them a call.

I disagree that it is a dangerous working environment as defined by OSHA based on the information that the OP has given. Of course, the OP can make a complaint - here is a link to the TN OSHA site that tells how to do so: http://www.tn.gov/labor-wfd/tosha/FileComplaint.shtml

 

[Details93]

Well, that would be a risk, but since they cannot fire you for being a whistleblower, you would have further cause of action against them if they did.

Thank you so much for providing me with an answer I could use. And it would be better for me to lose my job for whistleblowing than somebody losing their life

 

[Zigner]

Okay so if I go to Walmart and I notice something hazardous or possibly fatal to me and other customers I wouldn't be able to contact anybody about it because they're not my employers? You can't be right about that. That's ridiculous

I never said that

 

[Details93]

I never said that

Haha you literally said I couldn't do anything because they aren't my employer. "The dealership isn't your employer. You can't force the dealership to do anything." your words exactly. I just compared that to another situation to show how ridiculous that sounded to me

 

[TheGeekess]

Okay so if I go to Walmart and I notice something hazardous or possibly fatal to me and other customers I wouldn't be able to contact anybody about it because they're not my employers? You can't be right about that. That's ridiculous

Haha you literally said I couldn't do anything because they aren't my employer. "The dealership isn't your employer. You can't force the dealership to do anything." your words exactly. I just compared that to another situation to show how ridiculous that sounded to me

In your WM example, you'd contact the store management. But YOU can't FORCE them to do ANYTHING.

 

[Zigner]

Haha you literally said I couldn't do anything because they aren't my employer. "The dealership isn't your employer. You can't force the dealership to do anything." your words exactly. I just compared that to another situation to show how ridiculous that sounded to me

You also wouldn't be able to force Walmart to do anything. I'm sorry that you don't understand the concept. You can file a report, that is your right. You can't force the agency to act on the report and you can't force the dealership to make any changes. I suspect that your complaint is unfounded, but hey, knock yourself out. However, if/when you get fired for washing your personal vehicle on company time, you won't be able to fall back on any perceived complaints of retaliation for whistleblowing.

 

[Details93]

In your WM example, you'd contact the store management. But YOU can't FORCE them to do ANYTHING.

Oh I'm sorry I forgot I wasn't an extortionist for a minute. Haha I realize I can't force them to do anything i wash cars... But I can contact somebody who can and that's what i was trying to figure out. Pardon my mis phrasing

 

[Silverplum]

He could ask the company to reimburse him for the damage to his car (if any.)

I apologize: I missed that part. I'm just glad you're here!

 

[LdiJ]

Oh I'm sorry I forgot I wasn't an extortionist for a minute. Haha I realize I can't force them to do anything i wash cars... But I can contact somebody who can and that's what i was trying to figure out. Pardon my mis phrasing

Go ahead and contact OSHA. I disagree with Zig about whether or not falling lights would be considered to be hazardous.

 

[Zigner]

Go ahead and contact OSHA. I disagree with Zig about whether or not falling lights would be considered to be hazardous.

It's not raining lights here LdiJ Is there a maintenance issue? Yeah, I'd say there probably is. But a maintenance issue does not a hazardous workplace make.

 

[commentator]

Okay so if I go to Walmart and I notice something hazardous or possibly fatal to me and other customers I wouldn't be able to contact anybody about it because they're not my employers? You can't be right about that. That's ridiculous

Well, Wal-mart certainly wouldn't be able to fire you if you called OSHA and reported those unsafe conditions, would they? The thing is, if you want to call OSHA and report this unsafe situation, they won't tell the dealership WHO called in on them, though they may be able to guess, since you have had such issues with falling lights.

You seem to believe though, that there should be a bureau of something that would come in and make the dealership fix the lights, reimburse you for damages and mental anguish, even though the dealership isn't even your actual employer. But frankly, other than reporting them to OSHA, there's nothing you could do, since you really haven't had any real damages, it's all just potential, man, I could really really have been hurt there, you know?

If there were any damages to your car, you could probably take the dealership to small claims court if they refused to reimburse you for the damages to your vehicle. (And your actual employer, the detailing company could certainly fire you for hassling their customer, and you'd have no real recourse there except MAYBE unemployment insurance. You are not a whistleblower. )

And the judge could question why you were in there cleaning your personal vehicle, was that really appropriate since you already had had a bad experience with falling lights and knew it was a dangerous place.

 

[LdiJ]

It's not raining lights here LdiJ Is there a maintenance issue? Yeah, I'd say there probably is. But a maintenance issue does not a hazardous workplace make.

If that maintenance issue can seriously hurt or kill someone, it certainly DOES.

 

[Details93]

It's not raining lights here LdiJ Is there a maintenance issue? Yeah, I'd say there probably is. But a maintenance issue does not a hazardous workplace make.

a 40 pound light falling from 25 feet is dangerous. It's happened two days in a row which would make it seem to me like that's a hazard. It completely dented and removed a nice amount of paint off of the roof of my car. If I were standing a few steps forward i very well could have died.

 

[Details93]

Well, Wal-mart certainly wouldn't be able to fire you if you called OSHA and reported those unsafe conditions, would they? The thing is, if you want to call OSHA and report this unsafe situation, they won't tell the dealership WHO called in on them, though they may be able to guess, since you have had such issues with falling lights.

You seem to believe though, that there should be a bureau of something that would come in and make the dealership fix the lights, reimburse you for damages and mental anguish, even though the dealership isn't even your actual employer. But frankly, other than reporting them to OSHA, there's nothing you could do, since you really haven't had any real damages, it's all just potential, man, I could really really have been hurt there, you know?

If there were any damages to your car, you could probably take the dealership to small claims court if they refused to reimburse you for the damages to your vehicle. (And your actual employer, the detailing company could certainly fire you for hassling their customer, and you'd have no real recourse there except MAYBE unemployment insurance. You are not a whistleblower. )

And the judge could question why you were in there cleaning your personal vehicle, was that really appropriate since you already had had a bad experience with falling lights and knew it was a dangerous place.

Well yeah I see what you're saying but I honestly didn't think that another light would fall again. I mean really, one light falls that's completely understandable people make mistakes sometimes and I was happy that nobody got hurt and nothing got damaged. Needless to say, I still had my guard up somewhat the next day but after 24 hours with no other incident I felt pretty safe. I mean what are the chances really of anpther light falling and the light that falls actually hits my car? And it did some pretty serious damage to my car so I'm just hoping they'll be reasonable and fix it for me