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).
Question We have noxious fumes that management reports is from Oil and is being disbursed throughout the air for the last several hours. They are doing new construction and the fumes, smell, and side effects are horrible. Burning of the eyes and throat, nauseous feeling, dizzy, slow thought competition. Whole departments have gone home but they're telling us that it's non toxic and I do not believe them to be qualified to make that call. What protections do we as employees have? Also to what lengths do the employer have to ensure that their construction doesn't pose a threat to their employees? How do we protect ourselves from potentially harmful airborne chemicals and particles that can result in permanent damage? Should OSHA have a rep to oversee construction on an occupied building?
Answer Subject: Caustic fumes?
Question: We have noxious fumes that management reports is from Oil and is being disbursed throughout the air for the last several hours. They are doing new construction and the fumes, smell, and side effects are horrible. Burning of the eyes and throat, nauseous feeling, dizzy, slow thought competition. Whole departments have gone home but they're telling us that it's non toxic and I do not believe them to be qualified to make that call. What protections do we as employees have? Also to what lengths do the employer have to ensure that their construction doesn't pose a threat to their employees? How do we protect ourselves from potentially harmful airborne chemicals and particles that can result in permanent damage? Should OSHA have a rep to oversee construction on an occupied building?
Answer: Shay, you will not be happy with my response. First of all without specific information it is not possible to state if there is a hazard and how serious it is. Just because something has a bad smell doesn’t make it extremely hazardous. One of the items that kills a number of people each year is carbon monoxide which has no odor. Without a detailed listing of what is being used and how much is involved it is not possible to determine if any potential hazard does exist and how serious it could be.
Your first line of defense is your employer – if you do not trust your employer to do what is proper, why do you continue to work there? In today’s world and with the extremely high cost of accidents, illnesses and worker’s compensation claims plus other costs of employee injuries it is in the best interest of good employers to take every possible action to protect employees. The requirements for maintaining a safe workplace can be very complex for an employer involved in even the simplest products. (At one point I was involved in the manufacture of wood – just simple lumber. The requirements for even that simple product would amaze most people. I would not want to even think about involvement with more complex products or processes.) If your employer is bad or shady, and the sad fact is that many are for any number of reasons, then why stay?
Regarding OSHA, if you call and complain they may send an inspector as quickly as they can but there is no guaranty that it won’t be several days before they show up. That does not take care of now. Even if they do have someone available with the experience and equipment to determine the nature and strength of the fumes the first action taken will be to contact and work with the company to eliminate the problem if one exists. To the best of my knowledge, OSHA does not provide an inspector(s) to monitor construction in any but extraordinary circumstances which this situation probably is not. One thing that needs to be remembered about OSHA is that an employer does not have to let OSHA on the site. They can always bar entrance and demand a search warrant for entry. That is not a route a good or smart employer will ordinarily take but a poor employer might do so. Also remember that other than an inspection and citation other actions by OSHA may be limited. Given the circumstances, if you really feel your employer will not control the situation I think you will be happiest contacting OSHA (or state agency if in a state plan state) and at least discussing the matter and see if they can help. Sometimes even a simple phone call will bring some relief.
If your employer has a safety person or human resources department then perhaps they can help. If your company is organized perhaps the union has a safety representative who will help. A possible source of information is the Material Safety Data Sheet (MSDS) which is required to be available for employee inspection and would give some information regarding potential hazards (if your employer is aware of the requirement and many are not). Keep in mind that these sheets may not be adequate if a combination of substances is being used together. Yes there are a number of actions which can be taken but most of them have a time element involved and may not take care of an immediate situation. Your first and best recourse is the company and a representative you trust and have developed a sense of respect with. I’m sure that my first statement may have seemed a bit rash but the truth is that if you do not and cannot trust your safety to your employer you need to look for another employer.
