#PPE #EmployeeRights #WorkplaceSafety #LegalRights
In today’s challenging work environment, where personal protective equipment (PPE) is crucial for ensuring the safety of employees, it is concerning to hear about a new policy that penalizes employees for damaging their issued PPE. 🚧 This raises questions about the legality of such actions and the impact it may have on workers in high-risk industries, like forestry.
Is it legal for employers to write up employees for needing too much PPE or for the damage caused to their PPE due to “avoidable incidents”? Let’s delve deeper into this issue and understand the rights of employees in such situations.
Understanding the New Policy 📝
The newly implemented policy in your workplace dictates that employees will receive a write-up if they damage their issued PPE due to “avoidable incidents.” This policy also states that three write-ups will result in termination. However, the concern arises from the subjective nature of what constitutes an “avoidable incident,” especially when the Operations Director believes that every incident is avoidable. This raises questions about the fairness and legality of the new policy.
Legal Rights of Employees 🛡️
To determine the legality of this policy, it’s essential to understand the rights of employees regarding workplace safety and PPE. Here are some key points to consider:
1. OSHA Regulations: The Occupational Safety and Health Administration (OSHA) sets forth standards for workplace safety, including the use of PPE. Employers are required to provide employees with appropriate PPE and ensure its proper maintenance.
2. Retaliation: It is illegal for employers to retaliate against employees for exercising their rights regarding workplace safety. Penalizing employees for requesting critical replacement PPE could be considered retaliation under OSHA regulations.
3. Discrimination: If the policy disproportionately affects certain groups of employees, such as those who require more PPE due to the nature of their work, it could be seen as discriminatory.
Next Steps for Employees 🚀
In light of these considerations, it is essential for employees to take certain steps to protect their rights and safety in the workplace. Here are some suggestions:
1. Document Everything: Keep records of any communication regarding PPE requests, incidents, or disciplinary actions. This will provide evidence in case of disputes.
2. Seek Clarification: If you have concerns about the new policy, don’t hesitate to seek clarification from HR or management. Understanding the reasoning behind the policy can help address any misunderstandings.
3. Know Your Rights: Familiarize yourself with your rights as an employee, including those related to workplace safety and PPE. Knowledge is power in advocating for your safety and well-being.
In conclusion, the new policy in your workplace raises valid concerns about the legality of penalizing employees for needing too much PPE or damaging their issued PPE. It is crucial for employees to understand their rights, seek clarification, and take necessary steps to protect themselves in hazardous work environments. Remember, safety should always be a top priority for both employers and employees. #StaySafe #KnowYourRights.
I don’t know if it’s illegal, but it sure is shitty. My response would be to work very slow at all costs to avoid incidents. Safety>productivity right?
Can’t write you all up if no one works there. Let this fucker fail.
“You know, we need that PPE to avoid any *Recordable Incidents* with OSHA, so I think it’s in our best business interest to provide fresh, safe PPE as the nature of the job requires”.
Then, report them to OSHA anyway.
“Every incident is avoidable”
I noticed how the word “accident” is not used by management.
I’m concerned that this shifts the fault to you, if a cracked or compromised PPE fails to protect you…because you “decided” not to request replacement PPE. I would definitely contact OSHA on this.
Can’t you just report them to osha over threatening to fire people for requesting ppe?
Growing up in the woods of Northern Michigan, logging is rough on everything from the heavy equipment to the ppe and people using it all. Your boss is a shithead if he is worried more about how a set of ear pro got lost then about the ears of the people using it
Report to OSHA. They will launch an investigation into employees not given access to PPE equipment, forced to wear damaged equipment.
OSHA would love to hear about this one. Be sure to take lots of pictures of broken/expired PPE, and make sure to grab a copy of the policy in writing about requests for PPE being subject to corrective action.
Also, contact an attorney specializing in employment law, because you may have the opportunity to sue your employer for serious money.
Get a write up for an “avoidable incident”, then send it to OSHA. Then sit back and watch the show.
There are some industries where you don’t fuck around with safety, and forestry is one – large machines, chainsaws, remote locations, heights – what could go wrong?
Every time you need a new piece of PPE. Take pictures of the now defective item. Date and time stamp it. Take any write ups and make sure the write up documents the exact item and date. { Have them note what date and item is at issue. Write it in by hand and have them initial by the note. So it matches the pictures.}
Now you have the perfect paper trail for OSHA. Get fired and then you have a fun talk with a lawyer, 5 minutes before forwarding everything to OSHA.
I invite you to take a look through whistleblowers.gov in regards to ensuring you’re protected in the event a complaint to your manager, about this, leads to an adverse action. Also, no matter what, do not quit if you feel they are forcing you to work unsafe. Instead offer to perform another function for your employer, and immediately contact your local OSHA.
I work in commercial construction as well. An adjacent field, to be sure, but one that relies heavily on PPE and interacts with OSHA on a regular basis. If this is written policy, I would include that with your submission to OSHA. It’s a shit policy that completely removes the human factor. Your state government should have a web link to submit OSHA violations or complaints anonymously. I would start there.
I’m a safety manager in a different field. If their budget is that tight, start looking for another job anyway. PPE is not expensive in bulk and should always be handed out freely. It’s literally one of the easiest layers of protection to implement. If one employee seems to be going through it quicker than others, address it with that employee.
While not illegal, it’s stupid from a risk management standpoint. What they are doing is creating a culture of not speaking up when an employee doesn’t have what’s needed to do the job safely or when an incident occurs. An OSHA fine and work comp claim is way more expensive than a friggin hard hat. I’m sure their workmans comp insurance provider would love to hear about this policy.