Fairview, TN asked in Civil Rights and Employment Law for Tennessee

Q: Guy at work intentionally blew toxic microplastics on me with leaf blower with no provocative actions to make him do tha

Now I fear of excessive inhalation on to microplastics. Also running around bragging about it to everyone. Bosses seen it and done nothing too

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: If your description of the events is accurate, what this person did was clearly wrong and concerning. Some key points to consider:

- Intentionally blowing toxic substances like microplastics on someone with a leaf blower, especially without provocation, could qualify as assault and battery in some jurisdictions. At minimum it shows highly inappropriate behavior.

- Inhaling microplastics can pose health risks depending on the type and quantity. Your concerns over excessive inhalation may be reasonable given how they were forcefully blown at you.

- The co-worker bragging about their actions rather than showing remorse makes the behavior even more troubling.

- Your employer has a general duty under OSHA regulations to provide employees a safe workplace free from known hazards and harms. Their lack of action fails this duty.

I would escalate the issue within your company to HR and upper management in writing citing both the inappropriate conduct and health/safety concerns. If they still fail to respond appropriately to investigate and prevent further incidents, then consulting an employment lawyer may be your next step to review options for legal action. But create a paper trail showing how the issue was improperly handled first. The co-worker's actions and the company lack of response seem potentially illegal.

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