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    gijoemedic3's Avatar
    gijoemedic3 Posts: 1, Reputation: 1
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    #1

    Dec 1, 2007, 01:55 AM
    can i sue for negligence and health complications and also cancer concerns?
    I initiated an OSHA complaint because my employer failed to address safety concerns of the employees. The shop manager was in charge of the safety committee, so if he felt something was not important enough, it was overlooked.

    I had worked for this company for a nearly a year, breathing a huge amount of oil vapor/smoke daily emitted from a machine at work.. I now get migraines regularly which I had never had before. The smoke from the cutting oil is also known to cause skin cancer(which I found out later in msds book that were made after the inspection) and I fear later in life that this may cause problems for me. The employer also had no MSDS books at all to educate the employee of healths risks caused by the various chemicals, which was required by law. A few other employess were affected by this smoke/vapor also. I had taken pictures over time just in case, which might be of value to me now. And I know the inspector took meticulous notes from the employees.

    Osha came out and did the inspection, cited the business for many serious infractions including the smoke. The business had also been cited in 2005 for serious infractions. Can the business be sued for negligence and also for the medical/ health related issues?
    Also after the inspection, the owner canceled everyone's yearly bonuses, canceled the 401k program, increased health care costs, and put a pay increase freeze for a year. I feel like this was done in retaliation for the Osha inspection. Can anything be done against the employer?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Dec 1, 2007, 02:12 AM
    Why didn't you quit if you were standing in smoke and oil and chemical vapors all day? Anyone who thinks for 2 minutes can tell that that causes cancer.

    Either way, if you're going to sue for negligence, I'd talk to other employees and OSHA and see if you can get a class-action lawsuit.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Dec 1, 2007, 07:17 AM
    Quote Originally Posted by gijoemedic3
    I feel like this was done in retaliation for the Osha inspection. Can anything be done against the employer?.
    Hello g:

    It may have been, and he has the right to do it. Unless you have a union contract... Which you apparently don't.

    So, the best thing you can do "against" the employer and "for" the workers, would be to form a UNION.

    Nahhh, you can't sue. AFTER you get cancer you can sue.

    excon
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Dec 1, 2007, 07:24 AM
    Quote Originally Posted by gijoemedic3
    I feel like this was done in retaliation for the Osha inspection. Can anything be done against the employer?.
    Could be the costs were so high to fix the violations, as well as a possible fine from OSHA, that they couldn't afford to continue the benefits.

    Sorry, but you can't sue because you think you MIGHT get cancer. Heck, if that's the case I'm going to start a lawsuit against the hospital I work for because I might get AIDS.

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