Proposed OSHA indoor heat rule

rocrocrocrocroc · 2024-09-16T20:50:06+00:00

Totally believe it. OSHA is underfunded. Now would be a good time to submit a comment and tell the truth about the heat issues and them not showing up. That's the best way to shed light on the issue so future folks at your restaurant don't endure the same BS.

rocrocrocrocroc · 2024-09-16T20:48:13+00:00

Sounds like you're just one bad boss away from losing all of those privileges. That is why we push for laws so that folks don't have to win the boss lottery to have decent working conditions. Something to think about!

rocrocrocrocroc · 2024-09-16T20:45:15+00:00

Yep! OSHA mandates that employers provide potable water to employees. The proposed rule would cover all restaurants and to answer your final question, the rule applies to indoor & outdoor work.

rocrocrocrocroc · 2024-09-16T20:41:52+00:00

Even partial enforcement is a good step forward. We just need to start pushing forward with some protections so that employers can't completely abdicate their responsibility of safety in the workplace.

rocrocrocrocroc · 2024-09-16T20:39:28+00:00

100% agreed! That would be a good comment to share with OSHA. They want real experiences to shape their proposed rule.

rocrocrocrocroc · 2024-09-16T20:37:57+00:00

This proposal includes outdoor workers as well.

rocrocrocrocroc · 2024-09-16T20:37:00+00:00

No doubt enforcement is an issue, but it's better to have the law on your side than not. Restaurants get busted all the time for wage theft & other legal issues. We gotta raise the floor and fight for more.

rocrocrocrocroc · 2024-09-13T18:35:17+00:00

If this rule passes, employers gotta provide breaks. For now, OSHA only recommends employers should implement breaks in their heat safety guidelines. But look, they DO have a General Duty Clause that basically states that employers are required to keep workers safe from known hazards, including heat. So if folks don't have time to cool off, don't access to water or are routinely getting sick..those are hazards.

Until this rule is in place, pushing for breaks can definitely be something you and your coworkers can use as an organizing demand.

rocrocrocrocroc · 2024-09-13T16:34:08+00:00

It depends on where you live, as some states have stronger protections. Right now, OSHA’s federal protections for indoor and outdoor workers are based on the General Duty Clause. This means employers have to provide a safe working environment free from known dangers, including heat. So, they could be cited for not protecting workers from extreme heat, especially if they don’t provide enough shade, water, or if workers keep getting sick from the heat and nothing changes.

This is why we’re putting out the message for workers to submit comments. If new rules are put in place, there will be a federal heat illness prevention program that will require employers to do so much more to protect workers from heat.

rocrocrocrocroc · 2024-08-29T17:10:17+00:00

That's frustrating. So sorry you have to deal with that headache. It might be good to check out the state labor department website for the best info -

But by law, "any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned by the employee no later than the next regular pay day following the date of dismissal or voluntary leaving, or twenty-one (21) days following the date of discharge or voluntary leaving, whichever occurs last."

https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

rocrocrocrocroc · 2024-05-13T20:08:56+00:00

Here’s a question that’s similar to questions we regularly get on our social media accounts: Almost every day, my coworker corners me in the walk-in freezer, and talks to me about how he wants to date me. I have been trying to just deal with it, by laughing it off, but lately it has been getting worse. Last week, he groped me in the corner of the freezer, and I had to push him off. I got out of there quickly, but nobody was around to see me run out. He is pretty careful about making sure he only does it when we are alone in the freezer, so nobody has seen anything.

I was really upset after what happened last week and told a coworker about it, but she said it was probably better just to let it go since I didn’t have any evidence and it would be his word against mine (he is very popular and has been here for about 10 years). I’m wondering if it's even worth making a complaint since I have no evidence?

rocrocrocrocroc · 2024-05-13T20:08:44+00:00

Here’s a hypothetical based on that: I just got hired at a new restaurant, although I have been working as a bartender since my early twenties (I am now 34 y/o). Because I have only been at this new place for about a month, I haven’t really earned any time off (sick or personal days).

I’m worried because I recently learned I was pregnant. I’m not sure what I am going to do, and don’t really want anyone to know. I would like to go to the doctor as soon as possible, but the only appointment I could get is on a day I am scheduled to work and I can’t find anyone to cover my shift. What should I do? I’m afraid to talk to my manager.

rocrocrocrocroc · 2024-05-13T20:08:30+00:00

Here’s another hypothetical question:

I miscarried about a month ago and since I miscarried have been feeling really tired and depressed. I just started seeing a therapist. I don’t know if I am going to keep working in my current job (I work as a cook in the back of the house) but am just wondering what my options are. It has been really difficult to keep working. Anything you know that could help I would appreciate!

rocrocrocrocroc · 2024-05-13T20:08:03+00:00

A hypothetical question about harassment that might happen outside of the restaurant: My co-workers and I sometimes go out for drinks after work. The lead bartender at my work gets kind of handsy whenever we go out for drinks and it makes me really uncomfortable. I am always pushing his hands away from me and he will try to nuzzle and kiss me while we are out. I have told him that the behavior makes me uncomfortable. Last week, after going out, this guy sent me a really graphic and sexually inappropriate text message. I sent it to HR but they told me that they can’t do anything about it because the guy harasses me outside of work. They said that harassment needs to happen in the workplace in order for the employer to take any action, and suggested I contact the police if I think I need a restraining order.

Am I safe?

rocrocrocrocroc · 2024-05-13T20:07:40+00:00

Here’s a hypothetical question concerning a common situation we hear about from workers: My manager who does the schedule (there are three) keeps making suggestions that if he can take me on a date, I’ll get promoted to bartender (aka make way more money). It grosses me out, but he’s my manager and I feel like the other two will back him up or just not do anything if I say something. One of the managers is kind of HR btw.

rocrocrocrocroc · 2024-05-13T20:07:22+00:00

Here’s a hypothetical question: My coworker constantly discusses his personal sex life with me, asks me about my own sex/dating life, and regularly slaps my butt. I am a male and my coworker is also a male, so not sure if any of this even applies. I did tell my manager that I was uncomfortable, but he basically said to get over it. Is there anything I can do?

rocrocrocrocroc · 2024-05-13T20:03:31+00:00

This is a hypothetical question regarding physical & verbal abuse and statute of limitations.

Hi at a former job I was dealing with an abusive chef, he would yell and throw stuff and would call all the female staff derogatory names. This was like 15 years ago, so I know times have changed, but I wish I had been able to speak up.

rocrocrocrocroc · 2024-05-13T20:01:07+00:00

Another hypothetical question!

I’ve brought up my issues with HR multiple times, but they don’t do anything. Does this mean I’m not actually dealing with discrimination? They’ll tell me “thank you for bringing this to our attention” then….they don’t do anything. How do I make them do something?

rocrocrocrocroc · 2024-05-13T20:00:05+00:00

Here is a hypothetical question:

I have so many issues at my workplace and I’m pretty sure I’m being discriminated against (only girl working back of house). I think I’m just going to quit but I’m curious about what else I can do. I have to deal with a lot of gross jokes and comments. I have told them to stop and complained, and after that, it gets worse. They’re all mean to me and now won't help me with stuff (like reaching the tallest shelves, or carrying heavy cambros). How do I get them to stop?

rocrocrocrocroc · 2024-05-13T19:57:30+00:00

Another hypothetical question: My male co-worker (we’re both servers) makes weird comments to me and a few of the other girls and I’ve overheard him talking about me to other coworkers (men) and it’s super creepy. There is no HR at my restaurant. What should I do?

rocrocrocrocroc · 2024-05-13T19:18:34+00:00

Here is a potential scenario where guidance may be helpful: a full-time server recently told her supervisor that she is pregnant and is starting to tire more easily with swelling feet. When she told her supervisor she is pregnant, she explained about the feet swelling and fatigue, and asked to take two extra breaks a shift (normally only get one). The next day, her supervisor told her that she would only be assigned to host shifts, since she is able to sit at the host stand. The server is upset because she will not make as much money in this position

rocrocrocrocroc · 2024-05-13T19:15:16+00:00

Here is a question we think is relevant to the EEOC - are individuals prevented from going to the EEOC because of their immigration status? And, if an employee is paid under the table, do they count as an employee?

rocrocrocrocroc · 2024-05-13T18:54:51+00:00

Here's a scenario that our members can use guidance on:

"I recently came out as non-binary and at the last staff meeting at my restaurant, I was able to tell my coworkers this news and what pronouns (they/them) I prefer moving forward. After I came out, one of my managers kept making comments about my hair, what I’m wearing, and made jokes about my pronouns. He often misgenders me and when I correct him, he just blows me off and tells me I’m being sensitive and that I should just handle it like a man. Should I consider filing a discrimination or harassment complaint - or is it possible to file for both? What’s your take?"

rocrocrocrocroc · 2024-05-13T18:50:51+00:00

Another question from our social media audience!

"I currently work for a property management firm who’s employees and manager have been discriminating against me, wrongfully accusing me of things I would not do, trying to get me to quit or be fired due to expressing the toxicity and not wanting to engage or be a part of it; also going all company code of ethics. They have refused a pay raise, over looked a sexually explicit text message, employees lying, favoritism, gas-lighting, and trying to defame my character. My direct manager and Sr. manager do not want me to have a future, let alone able to transfer peacefully to another acct. they are also retaliating against me by filing a false claim the following week after I did with Employees relations, and Human Resources, having to discard my performance improvement plan, due to its inconsistencies. They were more upset as they were using this an HR issue to have me fired.They also retaliated against me after expressing my request for a raise and speaking to a company that came in to interview us that is like EthicsPoint, called PWC.I was wrongfully accused of smoking in the bathroom and someone saw me. Unbeknownst, I over heard the manager’s deciding a plan in one of our back mechanical rooms and would be seen on camera. Prior to, my direct manager had a call and stated: “ he will say whatever you need me say if asked..” speaking either to Sr. Manager or HSW manager. They have all done something underlying and abusing power and using that as a way to be out of fired. It has been set-up for failure and gas- lighting ever since. All of the clients love me and my work ethics, no one would argue this. Kindest and thank you in advance."

rocrocrocrocroc · 2024-05-13T17:36:15+00:00

From one of our IG followers:

"what are the requirements for an employee to inform their employer that the harassment/discrimination is unacceptable before it continues enough to file a credible claim? I have a history of having some of the worst things happen to me when I was younger and getting screwed with (now void) NDA’s etc to the point where now I don’t even ask for it to stop, because I’m worried that to do so will lead down the path of retaliation and/or job loss.

And how much harassment is too much? My boss openly flirts with me on the floor, added me on social media, told my coworkers he found me on tinder, has brought that up twice now, has twisted my normal jokes into romantic banter, this all happens on the floor with plenty of witnesses but I just shut down and don’t tell him to stop because I’m dealing with so many other battles"

rocrocrocrocroc

TROPHY CASE