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Posted by: amazed 1 year ago

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    amazed1 year ago

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    To be quite honest with you, I would NEVER do ANYTHING that might cause OSHA to become aware of my company's existence. As with most gov't agencies, if they get you in their sights, they will be sure to find enough that you're doing wrong to fine you right out of business.

    Again, there is no problem banning visitors who do not wear the proper safety equipment, but regardless of what you believe, we have been told outright, that regardless of what they signed or how many warnings were given, firing an employee for refusing to wear safety equipment is not a legitimate reason. However, any injuries incurred by their failure to wear their equipment IS my responsibility and will greatly affect my workers comp rate and will subject me to OSHA fines, should I get inspected.

    You must be in a different world than I, because I have found most regulators on the local, state or federal level to be be quite power hungry and revel in their ability to make a small business person's life miserable.

    Perhaps you come at them from a larger corporation so there is a least a perception that your power corresponds to theirs. Seeing how you seem to deal with many of them, I suspect this is the case. When you are a tiny company, they tend to prefer to stomp on you.

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      ForrestPhelps1 year ago

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      To amazed:

      Well, as regards my company, we're less than a dozen employees, so I doubt we're big and powerful.

      Maybe it's all in how one approaches regulatory bodies? And if you don't mind my asking, who is it that told you not to fire employees who don't follow the safety requirements of their job?

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        amazed1 year ago

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        my state labor board. When I fired a guy for not wearing his eye protection and hearing protection, he filed a wrongful dismissal suit and won.

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          ForrestPhelps1 year ago

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          To amazed:

          OK, hold onto your hat. I'm a "liberal", and if the facts are as you've presented them, then it was a bad decision by the state labor board.

          I wholeheartedly agree that an employer needs to be able to discipline, and fire, personnel who do not adhere to company safety policies.

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            amazed1 year ago

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            I don't know what the relevance of your being a liberal is to this conversation, unless by that you mean that you implicitly trust the government to do what is best for you.

            In CT, (a very liberal state), it is very rare for a company -- even a large company to "win" against any regulatory agency.

            When I fired a driver who had gotten arrested for heroin and refused to take a non-driving job, the first guy found that it was not a justified firing and I had to pay unemployment. I appealed and won the appeal, but then the guy was apparently too strung out to show up, so I got the default judgement. I'm not convinced that I would have won that if he had remembered to show up for the hearing.

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