Pensacola, FL asked in Employment Law and Environmental for Florida

Q: Do I have any legal put to stand on

The kitchen I work in is continually over 90 to 99゚ according to osha that's too hot what actions can I take

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney in your area. A complaint and request for inspection may be filed with OSHA, and there are whistleblower protections for those who are fired for raising OSHA violations. Of course, if a whistleblower-retaliation claim is made, an unscrupulous employer may come up with some different, fake reason for firing you, which is called "pretext". If that happens, the employee needs to muster the evidence to show that it was really the OSHA issue that triggered the termination. An employment law attorney can help you attempt to prevent a pretext issue from arising.

Jay P. Lechner Esq. agrees with this answer

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