We would like to hear your feedback on this little hypothetical. Say you have a truck that you believe is unsafe. Let’s say it has a flat dual, and the other tire on the same side is so low that it is barely off the ground. Now you call your superior and he tells you to drive it all the way across town to have it fixed. First of all would you do it knowing that your truck is, at that point, unsafe to operate? Next, if you were involved in an accident due to the faulty tires, who should ultimately be held responsible for it, you for driving a vehicle that was unsafe, or your supervisor for telling you to do so? If you refuse to operate a vehicle that is unsafe, and you are sent home for it, what would you next move be? Lastly, should anyone be disciplined for this?
Ok, so this is not really a hypothetical. From what we have been told, it happened. We have received 6 different emails on this, and they all told about the same story. Anyone want to guess what these geniuses have on the sides of their trucks? Great message to send here; don’t bring up any safety issues, it could cost you money.
Stay Safe
Dee
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Indy EMS, your local 3rd service blog. We are not the police, and no matter what our uniforms say, most of us are not firefighters. This is our site. This is where we can come to exchange ideas, develop plans, and yes even vent. Please keep it clean, on point, and respectful to others and their ideas. Oh yeah, and don't forget HIPPA. We wouldn't want to end up unemployed or in court for a slip of the tongue. Read. Post & Enjoy.
5 comments:
I would take a suspension for telling the sup no, then I would call all the news stations and advise them of the situation maybe they would be exploited to shame. Don't forget to always take pictures of what you think and feel is unsafe as proof. Most cell phones have cameras. Sometimes the squeaky wheel gets things turning.
Too bad you dont have a morning checklist you can turn in to fleet stating the deficenies. A basic form you could send on the MDT and covered. Problem would be having a copy for yourself. We have noticed that the request for service sometimes try to disappear. Unsafe is unsafe. A flat dually is a rollover hazard in itself.
How about the supervisor being under the spotlight for discipline. Is there some kind of law about sending people home for reporting safety concerns? How about the EMS comission being notified about this, they have overall authority to certify trucks. Any department or corporate policy about being targeted for reporting unsafe conditions?
I dont know about what they have as far as policy, but if it had been reported as an IOSHA violation, the supervisor would have been breaking the law by sending him home.
IC 22-8-1.1-38.1
Discrimination against employee filing complaint or testifying; complaint; remedy; notice of determination
Sec. 38.1. (a) No person shall discharge or in any way discriminate against any employee because such employee has filed a complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.
(b) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) calendar days after such violation occurs, file a complaint with the commissioner alleging such discrimination.
Upon receipt of such complaint, the commissioner shall cause such investigation to be made as he deems appropriate. If after such investigation, the commissioner determines that the provisions of this section have been violated, he, through the attorney general, shall, within one hundred twenty (120) days after receipt of said complaint, bring an action in the circuit courts of Indiana. The circuit courts of Indiana shall have jurisdiction to restrain violations of this section and order all appropriate relief, including rehiring, or reinstatement of the employee to his former position with back pay, after taking into account any interim earnings of the employee.
(c) Within ninety (90) days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant in writing of his determination under this section.
(Formerly: Acts 1973, P.L.241, SEC.44.)
Wishards policy states you have to go up your chain of command. Your immediate supervisor, then director, then HR. After the 3 of those, then you can go to coorporate compliance. I was told directly that that the person this happened to has done all 3 and as of yet has not heard anything back. I think he should go to coorporate compliance, and then file a complaint with IOSHA, but hey.. thats up to him.
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