Should I report to OSHA?

[Nac-Noc]

What is the name of your state (only U.S. law)?

 

[Nac-Noc]

What is the name of your state (only U.S. law)?

Sorry. Texas is the state. The issue is that I work in the cleanup/restoration industry. The franchisee I work for has never said anything about the OSHA requirement that we receive the Hepatitis B vaccine and they pay for it. It wasn’t until I went to a corporate training class (after working there for 6 months) that I learned this. I actually asked the trainer about how I’d never known about it and he said he would talk to his bosses about it. Shortly after training an email sent out, supposedly about the requirement. Not sure if it was all franchises or just mine, but I knew it was sent because I could hear him bitching about it and wondering why they would send that them. Well, it’s been a couple more months and still nothing. They actually fired me last week, for “missing two days in a row”. We had a huge surge in jobs and a shortage of people. So in 6 days I worked over 80 hours, on the 6th day I threw up twice at work and was told I’d be given a light route so I can go home early... still worked 8 hours. I sent a message to my manager and called out the next couple days and the third day, I sent a message that said I could use another day but if they needed me I would make it happen. “Ok” was the reply. Well, that same day was also payday. My direct deposit never went through. I sent my manager a message about it and he wouldn’t answer. Phone calls neither. I then messaged my other manager and he found out that I had a paper check and that I was fired. What’s more messed up is they issued paper checks to a couple other people for the same thing. One guy showed up the next day for work and nothing was said to him. The other was still sick. I’m an older guy in my 40s and the oldest among everyone. They’re all in their 20s-30s. I’m glad I don’t work there anymore. They’re crooked people, cheating their employees and possibly endangering their lives. I looked up Hep B and it’s no joke.

 

[cbg]

You might want to make a report not just to OSHA, but update corporate as well.

 

[FlyingRon]

You can report things to OSHA, but I'm failing to see any problem with your termination. You may think it was unfair, but it doesn't appear to be illegal.

 

[PayrollHRGuy]

Where have you done clean up and restoration? Because the vaccination is not required for all workers in that field.

 

[Nac-Noc]

I’ve been and other coworkers have been to death cleanups and sewage backups... those are the worst of the worst.

 

[FlyingRon]

Sewage isn't a determining factor. The death scene may be. The rule is for those who are exposed to human blood in their work.

 

[justalayman]

I’ve been and other coworkers have been to death cleanups and sewage backups... those are the worst of the worst.

Here is an opinion letter from OSHA that speaks to the situation:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=25898&p_table=INTERPRETATIONS

 

[cbg]

From an HR standpoint, the determining factor here is not whether the vaccinations are actually required. The factor that determines whether there's any legal issues here is whether or not he was fired BECAUSE he pointed out what he believed to be an illegality to his employer.

I am by no means convinced that anything illegal transpired. But I am by no means convinced that nothing illegal transpired, either. It can do no harm to discuss it with corporate and/or bring it to the attention of the appropriate regulatory agency. The worst that can happen is nothing. He's already lost his job.

 

[Just Blue]

I cannot answer because your communication is extremely incoherent with the facts. The facts being that Hep B is a mandatory LEGAL requirement therefore is under jurisdiction of OSHA and state health department . Asking if "A" reporting would become of retaliation for reporting your current company ...can prompt a lawsuit for wrongful termination, should not be in your state of mind. The fact you must ask this tells me your not reporting in good faith... therefore you using federal agency as a vindictive act against your employee . Because you made this personal and not objectionable.

OP's communications skills are fine. Yours are not. This thread is 2 months old and OP was advised. There is no reason for you to post here especially as you had nothing of value to add.