Can I sue my employer for knowingly not fixing a carbon monoxide issue for 9-10 months?

My employer, a pizza restaurant, had an issue with carbon monoxide in the air almost 2 years ago. A report was made at that time from the gas company saying that the problem needed to be fixed because the gas was not venting. Now in the present, we just had an issue this week. District managers were notified and did nothing to fix the problem. The gas company was called and placed a “do not turn on” sign on the hot water heater. The district manager came to the store and removed it and turned the hot water back on. We are in operation today and the gas company still has not approved it.

Asked on July 27, 2012 under Employment Labor Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should speak with ana ttorney in your area that handles personal injury cases to discuss the viability of a suit in your specific circumstances.  But first - and I mean NOW - you need to call and file a complaint with the US Department of Labor under the OSHA guidelines.  Here is a link.  Call NOW.  There are laws to protect you from retaliation. Good luck.

http://www.osha.gov/oshdir/ma.html

 


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