Can my employer force me to wear a uniform that is unsafe and uncomfortable?
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Can my employer force me to wear a uniform that is unsafe and uncomfortable?
I work as a bartender in a union hotel. The manager of the hotel is trying to institute a new uniform consisting of a leather apron that is heavy, hot, and impedes the efficiency of our movements. Our work area is adjacent to a wood fired oven, consequently the bar is very warm, warmer in fact than the actual kitchen. The bar area also lacks any direct air conditioning vents and has little air movement. Without the apron I am already over heated to the point of dehydration and need to take multiple breaks in the walk-in cooler to regain a more normal body temperature. My co-workers and I feel that the attempted new uniform change is tantamount to the creation of a work atmosphere that is more conducive to heat exhaustion and thus unsafe. I have already contacted my union but have yet to hear back from them. Do we have any legal recourse? Are there is any OSHA regulation that may apply to this issue or if there is any sort of legal precedence pertaining to similar issues?
Asked on June 21, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, this perfectly legal. Employers have enormous latitude in determing dress codes or uniforms for employment, and are allowed to require employees to wear hot, bulky, confining, uncomfortable etc. clothes, including clothing or uniform that risks overheating or impairs movement and efficiency. There is no OSHA regulation which bars uniforms of the type you describe, and very few regulations about clothing generally.
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