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  1. #1
    Join Date
    Jun 2015
    Posts
    13

    Default Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    My question involves labor and employment law for the state of: Massachusetts
    I work in an indoor building and was moved to a new office space downstairs. I work 9 hr days in a typical office environment. The particular room I was relocated to has no ac/heat source or control (nor does the room outside of it). So in the winters I brought a space heater and that solved my problem. It is now summer and really hot. The room does not contain any windows nor ventilation either. The only way I can get any ounce of the ac is if I open my door, then open the door to the attached room to get air flow from the main building. I've bought myself a fan but I've noticed over 9 months of working in this space I've developed chronic migraines and asthma. Also being in this dark hot space has taken a toll on my overall mood at the end of the day. I've followed up with my employer about alternatives as I was recently told to keep my doors closed while I was on the phone (quality assurance could hear backround noise from the people in the room adjacent to mine and requested in close my door to maintain call quality). My entire job is also spent 80% on the phones. My employer keeps saying this space is "temporary"but I've been told by other employees there's nowhere else to put me and my boss is just hoping I let it go. With the doors closed and no ventiliation my little office fan does very little. I was told I'd be here "a couple months" but have been there 9. Do I have any rights here? Do indoor office spaces need to be ventilated if you're asked to keep your door closed to the outside air source?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    So, you don't like being told to work at home, but you don't like working in the office, either.

    Does your fan not work?

  3. #3
    Join Date
    Jun 2015
    Posts
    13

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    If you can't tell I've actively been looking for a new position as I am clearly unhappy with multiple things. I never said I didn't like working from home. I said I didn't like fronting the money to use my cell phone when their systems go down. It's an overall oppressive work environment that has costed me out of pocket expenses for a heater, cell phone plan, laptop and office fan. All of which have yet to be reimbursed. This hasn't been a positive experience but I'm trying to seek alternatives here, not be berated. Maybe you would do well for sitting in a closed 8x8 space using your cell phone for 9 hrs instead of trolling the internet

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    1 - File a complaint with OSHA:

    https://www.osha.gov/as/opa/worker/complain.html

    2 - Are you being treated by a physician for the asthma and headaches? If you are and your physician can verify that the problems are caused by your work environment you can file a workers compensation claim:

    http://www.mass.gov/lwd/workers-comp.../form-101.html

    If you aren't willing to do either of those, you are stuck until you find employment elsewhere.

  5. #5
    Join Date
    Jun 2015
    Posts
    13

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    I actually have filed a complaint they asked me for video of my office space which it sent along today.

    I have documentation of having to to go an asthma specialist twice since employment as I have been going through my rescue inhaler a lot quicker than I should. My dr. Told me it's due to air quality at my apartment or my work space. My dr specifically asked about ventilation. I've told my boss about this and shown him my doctors notes and he says "we will have you moved soon". I'm
    Not a monster that wants anybody in trouble and I don't want to go to HR but I also don't know how long I should give him to "move me soon".

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    Maybe you haven't noticed but it's after work hours here in MA. Is there some reason I shouldn't be "trolling the internet" as you put it, at 9:30 pm? After all, you're here, aren't you?

  7. #7
    Join Date
    Jun 2015
    Posts
    13

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    Cbg because I looked at your activity and responses and you've made many out of and during "work hours" eastern time for months. Please just keep it moving!

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    Well, that's between my employer and me and is quite none of your concern.

    You haven't answered my question. Does your fan work?

  9. #9
    Join Date
    Jun 2015
    Posts
    13

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    You should really apply for one of those verizon Sales jobs at the kiosks in the mall. Not only do you have the unique knack for ignoring disinterest and struggle letting go, you could bother people all day and possibly make commission off it too! Since the majority order thier mobile services online now, I'm sure you'll have plenty down time to catch a post or 2 in a forum right upon the exact moment of it's upload! Match made in heaven! lol please enjoy your night

  10. #10
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Moved to an Indoor Office with No Ventilation Windows, Air Source or Heat Source

    Quote Quoting Tingting223
    View Post
    I actually have filed a complaint they asked me for video of my office space which it sent along today.

    I have documentation of having to to go an asthma specialist twice since employment as I have been going through my rescue inhaler a lot quicker than I should. My dr. Told me it's due to air quality at my apartment or my work space. My dr specifically asked about ventilation. I've told my boss about this and shown him my doctors notes and he says "we will have you moved soon". I'm
    Not a monster that wants anybody in trouble and I don't want to go to HR but I also don't know how long I should give him to "move me soon".
    No, you're not a monster, you're a victim. You're boss is the monster and deserves to get into trouble.

    Unfortunately, if you give your boss an ultimatum, you'll be out of a job.

    If you go to HR, HR works for the bosses and will tell your boss that you tried an end run around him and you'll be out of a job.

    Yes, it'll be retaliation but it will be subtle and it won't be right away and you won't be able to prove anything.

    One way to protect yourself from retaliation is do something official that gets on a record outside of your employer.

    You've already started with OSHA.

    Since you are likely going to be out of a job soon anyway you might as well try this gambit.

    Fill out the following form with as much information as possible:

    https://ios.pdffiller.com/index.html...iewer=25654554

    Make a copy, give a copy to your boss and tell him you are under treatment for an occupational illness and he needs to file that report with his workers compensation insurance company. If he balks, contact the state. There's information for employees at the following link:

    http://www.mass.gov/lwd/workers-comp...jured-workers/

    There are state laws that protect employees who suffer occupational illnesses and those laws have nothing to do with whether your fan works or not.

    Granted, this is a ploy and it might not work out in your favor but it might bring some smoke down on your employer from the state and that's a good thing after being kept in a cell for 9 months. Even prisons have windows.

    Oh, expect a remark about my usual distrust and attitude towards employers in general.


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