I work at a grocery store and the ladders are really high up, high enough to reach the top of pretty high aisles. The ladder is broken now and its really wobbly. They still make me use it since it is the only option for my job and they haven't shown any interest in solving the problem.Can I sue my work for making me work in unsafe conditions?
Call OSHA and tell them it is an emergency situation that someone is going to seriously injure themselves. If you have an accident you can sue because of gross negligence. That would be separate from your workman's comp claim.Can I sue my work for making me work in unsafe conditions?
Call osha
If you are injured on the job, and can prove negligence on the part of the company (they knew the ladder was broken, but refused to fix it) you can sue them.
You will also recieve workers compensation if injured on the job.
Not knowing your age, but I would guess you are young?
By law you must be provided a safe working enviroment.
I have ran into problems like this before.
Refusing to follow your bosses instructions can be considered insoburdination, but if by following the order you put yourself or others in danger and can prove this (take pictures of the ladder showing the defect) Refuse to use the ladder.
I don't think you could sue them unless you got hurt, because you have the option of refusing. Besides, it would probably cost more than it is worth. What I would do, is call OSHA and inform them of what is going on. I think OSHA is short for Occupational Safety and Health Administration and they are part of the Federal Department of Labor. You should be able to find their number in the yellow page or I have provided a link at the bottom of the page. This is the name of the group which ensures that employees have safe working conditions and they will come out to investigate. They are usually pretty good about that kinda thing. Whatever you do, don't inform your employer that you are the one who dropped the dime because the company will most likely receive a hefty fine for their ladder being in this shape. You don't want your employer have a grudge against you and possibly mistreat you in the future because of it. This should get things fixed.
Yes, only if you are injured because of a safety violation that they were already aware of. You should report this to your manager and let them know this is a safety violation.
You should not be using any broken ladders that may cause injury to you or any customers in the store if you were to fall.
Tell them this is a safety issue. If they continue to make you use this ladder you can report this company to OSHA. www.osha.gov or call 1-800-321-OSHA. However, your store should have a person who is in charge of safety/OSHA issues talk to them about this issue if you manager does not comply.
As has been pointed out, you can't sue unless you have been damaged in some way, and if you knowingly use the ladder you could be partially at fault. Document everything. If you are coerced into using the ladder again and you get injured, DON'T accept Workman's Comp, because to accept WC you have to waive your right to sue. Document your hours that you work every week, and if they fire you for refusing to climb the unsafe ladder, then you have been damaged and can sue.
For the actual details concerning your legal rights in this matter talk to a lawyer.
You can call OSHA and report the unsafe conditions. Do so anonymously and OSHA will come in and inspect the plant, not letting anyone know that there was a report of unsafe conditions.
The company will then be fined for any and all violations.
At the very least, when OSHA contacts them letting them know there will be an inspection maybe that in itself will cause them to replace the ladder and any other faulty equipment.
Good luck
In Michigan (maybe all of the USA) we have something that protects people from unsafe work environments, OSHA. If you fell you bet your butt you'd own that grocery store. So you don't loose your job make sure and ask to use another one. If they make you use it, I have a website address to help you. They surely can't fire you for refusing. Take a picture with your cell phone if possible, or maybe a disposable camera. Just take care of #1 first. (YOU). With the economy how it is, try not to get fired, I've looked for work now for over a month with no success. So take every measure to stay safe. At the same time take notes and a picture if possible. Employers know how tough times are and a lot are taking advantage of people because there would be a replacement for you in a heartbeat. IT'S NOT FAIR BUT THE TRUTH. Lot's of luck and stay safe.
Tell your bosses that they need to replace the broken ladder, that it is a hazard.
You know the ladder is broken. If you get hurt, you cannot sue -- you were well aware of the problem and could have prevented your own injuries. Worker's comp might pay the medical bills (and might not since you know there is a problem), but that is all. And if you are not hurt, you have no cause for any suit.
If they do not replace the broken ladder pronto, then call OSHA and file a complaint. They had a chance to fix the problem, so don't say another word about it at work, just file the complaint.
Generally a person is limited to Worker's Compensation if injured on the job. You normally cannot sue your employer for a work related injury. There is one exception to that rule, and that is if your employer has created (or failed to rectify or fix)the unsafe work environment. If you have placed your boss ';on notice'; that there is an unsafe work condition, and if you are injured from that unsafe work condition (here the ladder), then YES, you would be able to sue for your injuries.
YOU REALLY do not have to sue your own employer or the grocery store you are presently working on. IF THERE IS A WILL THERE IS A WAY as the old saying goes, talk to your employer regarding the problem, now if they do not show any interest whatsoever then don't climb up and do NOT do it for precautionary measure unless they fix the problem, or you can suggest to buy a new ladders to be used for your grocery since this is a very valuable thing inside the grocery, they won't mind if they spent much money for buying one.
YOU ARE PART OF THE GROCERY team therefore a suggestion or a remind from you working there would be welcome as a valuable asset for the work to be done. YOU HAVE THE RIGHT TO REFUSE TO CLIMB the ladder because you might meet an accident up there. So to prevent an accident you have to give them a hint before it does. AND WHOEVER will try to use the ladder might have the same fate if they do, so if the grocery do not take action then you have the right to refuse to climb and do the job or they buy a new one.
You need to go over the heads of your immediate supervisors-is this a chain store? Try the corporate office-human resources. I don't think you can sue if you have not made a documented report of some sort. Your supervisor could deny that you complained if it is not in writing. Proof that you went outside and beyond in your effort will give the corporate management motivation to do something or risk being libel if you are injured on the job. The poster above saying ';Call osha'; is a very good idea.
You cannot sue until something happens-- like you falling off the ladder and being injured. I would take a picture of the ladder in its wobbly, broken conditions. Should an accident happen, they will quickly replace the ladder and say you made up the story for a suit. Now, you have the right to be proactive. Tell them you almost slipped and fell on it (which you probably already did). Tell them this ladder is unsafe.
OR you could totally break the ladder. The part that is wobbly and totally unsafe, just help it out a little. That way, they will be forced to buy a new one. Well-- that is not being dishonest-- it is helping yourself. Toni D. ( a senior lady)
No you can't. you can only report your issues to worksafe. You have to take a stand %26amp; inform your employer %26amp; if they will not show a interest in your safety then they are liable under the act. Be sure to put your complaint on paper %26amp; also to ask your employer who their workplace safety officer is so they are made aware also. Plus you should put a ' out of service tag on the ladder so no body else can be hurt using this . Also be aware that once you put the ';out of service tag '; on the ladder no one else is allowed to remove it under the act.
YES! call OSHA, but in the meantime, if they still insist on you using the ladder, and God forbid you fall, THEN you can sue. Now, here's something that you may wish to mull over in your mind. If and when OSHA comes a knocking at the Grocery stores door, I don't know whether OSHA will tell the boss WHO called about the ladder, I hope they don't, because you can bet your boss will find some way to fire you!! BUT! If OSHA specifically goes for the ladder, even if they don't mention your name, your boss will know it's you, that's if he has a brain in his head!! Be careful, OK!
A lot of this depends on the type of business you work for - small or large. You probably can't sue them if you haven't been injured, but you can take steps to get the ladder fixed.
Take a photo of the broken ladder and put a request IN WRITING to have it fixed before you use it again. State in the request that you want to avoid injuring yourself or incurring any worker's comp expenses for the store. (Check first to make sure that your employer has worker's comp insurance - some small businesses are exempt.) Send a copy of this note to anyone in the chain of command: Human resources/personnel, worker's comp coordinator, maintenance, the corporate office in Boise, the owner's wife, whoever.
Enlist some friends or family members - ideally, not anyone known to have a relationship to you - to come into the store and ';happen'; to notice the rickety ladder and point it out to a manager.
Contact your local OSHA department and/or your local building inspectors. I don't know if ladders would be part of an inspection, but it's worth a shot.
As others have said, no one can ';make'; you work in unsafe conditions - you always have the right to say no. Your safety and ability to work for the entire rest of your life vs. a paycheck this week...
Call Osha first, see what that does and then go to the labor board, I have a sister that started working at a gas station and since then something happened to her and now she walks with crutches but the job makes her walk into the doors without them and she has to hold on to things, they failed to accomadate her partial disabilty and ignore what the doctor orders, they are more upset that she can not cover her shift then her pain. So Basically it sounds as though you need to bring this to there attention in writting make sure you make copies of the letter try and make three attempt but call osha
if you have already taken those steps its time to get the labor board involved they are not there for after the fact they are also there for before anything happens, the store is not worried because nothing has happened but they are putting you in danger and by writing a letter to them telling them that the ladder needs to be replaced then they are fully aware that not only they are putting you in danger but they know about it
I would also seek an attorney because this deals with a store that posssible knows that ladder is broke but they are allowing you to still get on it which to me says that they don't care if I were you write those letters and refuse to continue your job if it involves the ladder if they fire you because you refuse you have got have proof and you have a case.
good luck
Since no one has offered this solution:
Notify your employer in writing. sign and date the letter and hand it to your supervisor in front of witnesses. It should express concern not only about yourself but also about you/it falling on a customer. Your objective is to get them to spend for a new ladder. When they realize that you have documentation that if combined with a injured customer they could loose the business. They will splurge and get a new ladder and might even consider you conscientious enough to keep you. If you are discharged, it better than a broken leg.
Get in touch with OSHA @
www.osha.gov
Any employee that feels that an employer is ignoring unsafe working conditions can order an investigation. If the employer retaliates, you can possibly sue.
My advice would be to contact OSHA. Be prepared to make a ';paper trail';. This means, list everyone you talk to. Make notes of whom you spoke with, when, and where.
If you have notified management of the ladder conditions, write down as much as you can about what was said and when it was said.
This will make it easier to keep up with exactly what happened later if an accident occurs. If it comes to a lawsuit, you will be questioned as to WHY you continued to use the ladder after you realized that it was unsafe. Personal responsibility goes a long way. An employer cannot force you to perform unsafe acts.
No one can make you do anything, unless they have a gun to your head, of course. You have a duty to protect yourself by refusing to use the ladder. When you refuse, they can fire you. Then you will have a lawsuit. Otherwise, you can wait to be hurt while using it and sue. Right now, you have not been harmed, so you can't sue.
Because you are aware of the risks you are taking, you are also responsible for anything that happens to you. You can be fined personally by OSHA for using the ladder. You are as guilty as your employer. Personal responsibility is your personal responsibility. You can't throw your hands up and say, 'they made me do it'. That doesn't fly.
You can refuse to work in an unsafe condition and request the employer to replace the ladder...Stating that you are afraid of injuring yourself from using faulty equipment....If your boss is an idiot then just get rid of the ladder without his knowing and ask where it is when you can't find it.....Of course never letting on that you got rid of the defective ladder. There may be a suspicion but no proof and with the new ladder coming into play the issue will die. A little touchy maybe if your the only one that uses the ladder.
The only suing you can do is the workers comp. ins. carrier after you have been injured.
There is an anonymous reporting form for OSHA you can use if they still support it's use.. OSHA has to call the employer to make an apt. when they can come to the place of your work . So now if you are the only one that has been complaining about the ladder then they will know...
in any such lawsuit, YOU, have the first responsibility to do everything possible to keep YOURSELF safe.
If you can't prove that your boss forced you to climb that ladder or else be fired, you will lose your lawsuit. If you knowingly climb a broken ladder without properly telling your boss, it's YOUR fault if you get hurt.
If your boss KNOWS the ladder is broken and threatens to fire you if you don't use it, then you will win the lawsuit.
It's YOUR DUTY to make sure your boss knows the full extent of the problem. ANd it's your DUTY to NOT USE THE LADDER.
Call OSHA and ask them to do an unannounced visit. The ladder problem may be gone by then but I am sure they will find something else. Also the only way to sue is if you get hurt. You could refuse to use that ladder and they may fire you but then you would also have a case. Make sure if you do the last option you get pictures of the ladder and where you have to use it.
Tell them that the ladder is broken
speak to the supervisor or manager
and that you want it repaired fixed,
and that you are unwilling to use it
as this is very dangerous and you
could get hurt.
Be Firm, and repeat if necessary!!!
You do not have to use a ladder in
an environment that can do you Harm.
That is the Law.
Call the labor board and Osha, and do not mention it to them at work. Don't tell them you called or threaten to sue them that will only get your hours cut or get you terminated. As far as legal action an atorney will probably not pick up this case because there would not be any money in it for them They usually want someone who is already hurt, and the worse the injury the better they like it, however even if you were hurt workers comp would get your employers off the hook. Now if you happened to be up on the wobley ladder and drop a 80 pound box down on a customer the customer could take that company to the cleaners.
Your employer is in breach of Health and Safety Regulations(HSE). These are U.K regs. If you are in a Union contact your rep.
http://www.hse.gov.uk/contact/faqs/heigh鈥?/a>
If the ladder is unsafe you simply refuse to use it. If this is the only one then they will have to supply you with another that is safe to get the job done. Not your problem.
RIGHT TO REFUSE UNSAFE WORK.
It's law in Canada. Although perhaps filed different by province. Every single Occupational Health and Safety(OHS) group will have this exact thing covered.
(In BC It's Worksafe BC)
Employers are required to provide safe working enviroment. If you have to scale a ladder more than 3 meters above the floor they're required to make provisions for fall arrest, train you in the use of fall arrest equipment or provide some form of access that has rails and stairs.
Calling OSHA is your remedy. You can refuse to work under unsafe conditions, but you would need to have a slam dunk for an OSHA violation to be issued. If you get injured, workmen's comp is your only remedy, as it is unlikely you could proceed with a 3rd party suit against the ladder mfr.
Take pictures of the ladder showing the damage to it.
Say to your Boss ';I refuse to use this ladder until it is repaired or replaced.';
Show him/her pictures you have taken and explain the dangers of using unsafe ladders';
He/She can NOT fire you for for refusing to use unsafe equipment.
Ladders are dangerous enough with out any damage at all.
In the uk you can sue if you can show loss or injury.
You can refuse to use it but you know the complications that that will bring. You can phone the HSA (health and safety agency) Or alternatively get the phone number out of the book for your local ACAS office and have an informal chat with them. If you refuse you may have need of their services anyway.ACAS are totally confidential. Then join the GMB union
Not really,
If you want the truth, you have a choice.
Continue to use the ladder provided and keep your job.
Or keep complaining or go to osha and lose your job.
In which case, you might as well just go find another job now.
......................................鈥?br>
People who sue thier employer or turn them in to agencies like osha,
Do not keep thier jobs for long.
It might not be right, but thats reality.
well you could if it doesnt meet state requirements and i dont think a wobbly ladder meets state requirements. that is putting you in danger and could cause serious injury. Talk to the manager calmly and if the problem is not fixed, get an attorney and so for endangerment of injury. good luck
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