AboutMike Brown CSP Retired Expertise I specialize in the professional management of occupational safety and health as well as workers` compensation to reduce losses and improve production and address related issues through a comprehensive approach by senior management using proven principals.I worked for over twenty (20) years in the management of occupational safety, health and workers` compensation and safety training (Retired from employment in 1996 due to a stroke, which prevented the extensive travel required).
Expert: Mike Brown CSP Retired Date: 3/7/2008 Subject: animal feces and urine at the work place
Question QUESTION: Hi! I share a work space with a woman who uses the space to leave 2 dogs unattended 5 days a week, 9-10 hours a day. of course it leads occasional accidents in a form of urine and feces. Besides, she never really cleans the space. This space is rented in a commercial building. I dont question the fact that this is incredibly unhealthy, what i would like to know is the Extend and Consequences on my health.Can my employees file a law-suite against me ( even though the dogs are not mine?) Also- are the any regulations about having dogs in the work space? Please please please advice... I cant work like that anymore- and i cant move out...
ANSWER: Question: Hi! I share a work space with a woman who uses the space to leave 2 dogs unattended 5 days a week, 9-10 hours a day. Of course it leads occasional accidents in a form of urine and feces. Besides, she never really cleans the space. This space is rented in a commercial building. I don’t question the fact that this is incredibly unhealthy, what I would like to know is the extent and Consequences on my health. Can my employees file a law-suite against me (even though the dogs are not mine?) Also- are the any regulations about having dogs in the work space? Please please please advise... I can’t work like that anymore- and I can’t move out...
Answer: First – I assume from statements in your question you are in a position of authority. If that is true, why would you (have you) allow (allowed) this to occur and/or continue? Yes, the situation is unhealthy to say the least and most likely violates a large number of safety and or health rules (there is always the “general duty” clause if nothing else) at a number of levels. (If I were an inspector and found conditions like this I would first write for a week and then invite every fellow inspector from every agency I could think of to join in.) Yes, your employees should be able to sue and file worker’s compensation claims if they can show physical and or mental problems arising from the conditions (I am not an attorney so my response to this is from the stand point of a lay person – and if I were on the jury you would be GUILTY). I also find it hard to believe the owner of the building tolerates this if aware of the situation – if it was me, all of you, people and dogs would be looking for a new location to conduct business and make messes just as fast I as could make it). My recommendation is that the dogs go, the sooner the better, and if necessary the owner of the dogs – no person is that good an employee. Then I would recommend a professional cleaning service go over the area and return it to a safe and healthy condition. I would also call the other employees together and explain what you have done, the fact that the dogs are gone and apologize for making everyone put up with the situation. I would also pray that while you are attempting to do this, inspectors of some type do not show up. I would just about guarantee they would have some type of rules (or develop some on the spot) that would leave you in a very sorry position and with heavy potential fines. I’m very sorry to seem so harsh but I find it almost impossible to think this situation has been allowed in the first place. Summary – get the dogs out and clean it up! NOW!!!
Michael Brown, CSP Retired
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QUESTION: Thank you sooo much for your response! Actually, i sublease the space from a woman who owns the dogs, thats the problem. Since she feels like she is in control, she just would not take them out...I know that as a sublease i have many rights, I would like to call an inspector, and have an authority get rid of the dogs, but i am clueless where to call. Any advice? Once again- thanks so much.
Answer Given the circumstances I would contact a good attorney. An inspector could take the position that you are in part responsible for the situation. Don't expect this to be resolved easily - it may have gone on far too long.
Michael Brown, CSP Retired
