safety glasses

[avan58]

What is the name of your state (only U.S. law)? Idaho

Not sure where to pot this.

I started working for my company in July. On the second day of work I was given a safety test and passed. There was one question that asked about what kind of prescription safety glasses are allowed. I answered the correct question. I was given safety glasses on my first day by a manager. They are the kind that go over glasses. In August I switched departments and my new manager gave me side shields for my glasses and said I didn't have to where the safety glasses that go over my glasses. In October I had a near miss safety accident where I got saw dust in my eye. The person investigating the accident said I could continue using the side shields on my glasses or I could get a voucher from HR and get prescription safety glasses. I went to HR and got the voucher, but never used it. I continued to use the side shields. On Monday I got saw dust in my eye, but this time it severely scratched my eye. They took me to the doctor who prescribed me 3 different medications and said there is a possibility of losing my eyesight in my left eye.

Today I had meeting with HR, the plant manager, the safety manager, the shift manager, and my boss since this accident was a recordable. They informed me that the safety shields were not allowed. I told them that my supervisor gave them to me and told me I could wear them. The plant manager and safety manager were trying to get me to admit that it was my fault that I wore the wrong safety glasses and that since I pass my safety test in July I should have known what was allowed. I remained very calm and would not admit that it was my fault. I told them that I was told by 2 different managers that I could wear them. They said that I am either getting written up, suspended, or terminate when the divisional HR manager and VP get back from vacation next week. I was told that my boss and two other managers were written up for giving their employee the side shields to wear. I was also told they out verbal write ups to everyone who was wearing them on floor which was nearly everyone who wears glasses.

My question is can they legally write me up, suspend me, or terminate me for this when I was told by my boss and another boss that I could wear the side shield on my glasses?

 

[Proserpina]

What is the name of your state (only U.S. law)? Idaho

Not sure where to pot this.

I started working for my company in July. On the second day of work I was given a safety test and passed. There was one question that asked about what kind of prescription safety glasses are allowed. I answered the correct question. I was given safety glasses on my first day by a manager. They are the kind that go over glasses. In August I switched departments and my new manager gave me side shields for my glasses and said I didn't have to where the safety glasses that go over my glasses. In October I had a near miss safety accident where I got saw dust in my eye. The person investigating the accident said I could continue using the side shields on my glasses or I could get a voucher from HR and get prescription safety glasses. I went to HR and got the voucher, but never used it. I continued to use the side shields. On Monday I got saw dust in my eye, but this time it severely scratched my eye. They took me to the doctor who prescribed me 3 different medications and said there is a possibility of losing my eyesight in my left eye.

Today I had meeting with HR, the plant manager, the safety manager, the shift manager, and my boss since this accident was a recordable. They informed me that the safety shields were not allowed. I told them that my supervisor gave them to me and told me I could wear them. The plant manager and safety manager were trying to get me to admit that it was my fault that I wore the wrong safety glasses and that since I pass my safety test in July I should have known what was allowed. I remained very calm and would not admit that it was my fault. I told them that I was told by 2 different managers that I could wear them. They said that I am either getting written up, suspended, or terminate when the divisional HR manager and VP get back from vacation next week. I was told that my boss and two other managers were written up for giving their employee the side shields to wear. I was also told they out verbal write ups to everyone who was wearing them on floor which was nearly everyone who wears glasses.

My question is can they legally write me up, suspend me, or terminate me for this when I was told by my boss and another boss that I could wear the side shield on my glasses?

Unless we're talking about a union of CBA, they can fire you for any reason not protected by law, or for no reason at all.

Why didn't you use the voucher?

 

[arnoldbrame]

By all means, YES... they can fire you for this!

 

[swalsh411]

Yes, yes, and yes. Why in the world did you not use the voucher? These are your eyeballs here. You only get two.

 

[commentator]

They may decide to deal with this situation by writing you up, reprimanding you, or even terminating you. It sounds as though they really did the reprimands semi-fairly, too, for a change, since they did, at least give some grief to the supervisors who told you wrong. It would be hard for them to show they had not singled you out after your filing of a Worker's Comp claim unless they treat all the others the same, in other words, fire the whole bunch if they fire you.

However, since you have now actually had a Worker's Comp injury, I doubt they'll fire you. If you happened to be actually terminated for this, file for unemployment benefits immediately. If you later decide to run this by a Worker's Comp attorney, that's okay, but you need to do the unemployment filing immediately anyway.

They'll deal with your monetary eligibility, where you are in terms of medical availability to work, and they will look at whether the company had a valid misconduct reason to terminate you. Even though you'd been through safety training where you were told that safety glasses were to be worn at all times, the fact that your supervisor told you the other kind of protections was sufficient, and that you saw several other people around that department wearing the less protective shields means you did not have any reasonable expectation of being terminated for not have the actual safety glasses on in that department, and you were not warned that you should get the safety glasses immediately or be fired. (Of course, you should have, and I'm sure you very much wish you had! Eye damage is very miserable!)

So IF they actually terminate you for this reason, there is a fairly good chance you'll be able to get approved for unemployment benefits while seeking another job. They haven't done it yet. We stress, they legally can, even though it might not be totally just, since the supervisor led you to believe it was okay. But in labor law, there's very little protection, especially for people who are terminated "unfairly" or "unjustly" just about none for people who are being reprimanded or written up for something.

Hopefully they will not terminate you, because it is a worker's comp case and you have had a medical situation related to your lack of eye protection. Be very careful not to give them any other reason, such as unapproved absences or tardiness to terminate you.