Job duty conflict

bgrimes

[font size="1" color="#FF0000"]LAST EDITED ON 10-25-02 AT 06:59PM (CST)[/font][p]Scenario: I have an employee who has been here 6 years. He is very health concious. He has a history of allergy and sinus problems. He is very bright, performs intense computer work. He is not a fast paced or talkative individual. He got on the 'bad side' of his boss about a year ago because he wouldn't stay overtime to get a much needed 'rush' job completed. I don't think the boss ever forgave him for it. Our company has never issued job descriptions. (Did I hear you gasp!?) It just doesn't seem to work for this company, because you couldn't keep up with the frequent changes in them. This company expects employees to wear ten different hats. This particular employee works in a dept. has has been moved to another part of the building where big printers and laminators are constantly running. The distraction of the machines and the odor of fumes from the machines has irritated this employee to the point of addressing his boss and the company president. They are getting bids for the installation of a ventilation system. For now, they have fans blowing the fumes elsewhere. As far as I know, none of the other dept. members have voiced their complaints. The boss just handed me a letter written to the employee pretty much telling him to get with the program or leave (offering him a severence). The boss also said that he is going to have everyone in the dept. cross train on all the machines, laminators etc. He told the employee if he didn't participate in this cross-training it wouldn't be tolerated. MY QUESTION: Since we don't have bona fide job descriptions, can he make all these people cross train and perform these other duties? I'm also worried that the employee will look at this new arrangement as punishment for complaining about the fumes. This young man has been here longer than anyone else in his group, and I think he feels he is being discarded. Have any opinions? What's the worse case scenario? P.S. .... no union to consider.

Theresa Gegen TX

Everyone can be required to cross train and having them cross trained is probably not a bad idea.

But as far as this employee getting ill from the machines, you need to look at a few issues:

First, his condition probably (note: I say probably, as there is not enough information to decide whether his conditions are disabilities) does not rise to the level of a disability, so the company is probably okay under the ADA. Of course that doesn't stop him from filing a charge.

Second, the company needs to look at OSHA and local workplace safe working environment regs. This guy may very well complain of OSHA or the state agency, and if the company is not in strict compliance, the company may have some heavy liability.

Third, if these fumes are making the employee sick, the company may have increased worker's comp liability.

Get the facts on these fumes and safe operation before taking any action. (An example I just heard on the news is that a microwave popcorn facility has had several employees come down with very serious breathing problems because of long term expose to butter flavoring fumes -- apparently other popcorn companies were using better venting systems and safety precautions).

Good Luck!!