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<blockquote data-quote="dannyboy" data-source="post: 806528" data-attributes="member: 484"><p>Ding ding ding, we have a winner. Now, would you care to elaborate what happens when an employee that has been given instructions and a task while on TAW, refuses to work as instructed? What fall out is there Tie? As for the return to the doctor, that is not the answer.</p><p> </p><p>As far as the rest of the Monday morning armchairs, wanna know how the panel has ruled on similar cases where the employee refused a direct order from the center manager?</p><p> </p><p>Tie, you are so funny......Next you will ask if the center manager offered to buy breakfast and coffee. You are kidding, right? Sit as often as needed?????LOL</p><p> </p><p>Lets see, what is the physical difference between climbing in and out of package cars to clean the windows and making deliveries? You ever climbed into a package car with a brace on your left knee? One that does not allow any movement of the knee joint? What happens to that knee trying to get up and down, not to mention maneuver inside a package car. Think that is very comfortable? Why would the doctor specify no stairs or climbing, and very minimal walking, but yet the company ignore the doctors orders? You think it was about comfort? Can we say additional injury?</p><p> </p><p>As to the environment, yes, it was a contributing factor. But a normal driver would have had a three point stance while exiting the vehicle. A healthy driver would have had the capability to compensate for the right foot slipping out from under him by having both the left foot and hand on the rail. This driver only had one means of support once the right foot slipped, his hand on the rail. And during the fall, his grip was broken. </p><p>Maybe in your world it works that way. But not in other places. While Sober's sarcasm detracts from his post, there is a ton of truth there. There was no action on safety committee requests for improvements to the problem. Of course, they made symbolic gestures with the mechanics to try and stop the leakage, and on occasion had part time personnel scatter the oil dry on the floor. But then that created a mess for the cleaning crew, and we dont want that now do we? So that lasted a few days, then back to doing nothing about it.</p><p></p><p>After the grievance was pushed the hourly committee cochair took it upon himself to put out the oil dry. AT that time, the safety committee had the authority to take care of issues on their own, and since management would not take it seriously we did it ourselves. Management of course had a hissy because many weeks, that action caused him to be low on hours by friday. And not to mention paying someone $30+ an hour to carry around kitty litter and spread it out on oil spills was not to smart. As far as I know, it still is a serious problem in this building. </p><p> </p><p>I find that an interesting thought.</p><p> </p><p>Here it is, UPS micromanages its center managers to the point they do not have the authority to add an extra route, but yet he has the authority to demand an employee work contrary to the doctors restrictions? How does that happen?</p><p> </p><p>And lets see, taking that one step further, having oil on the floor, mixed with water causes a serious safety violation per OSHA standards. Something you can be fined for. So basically, a situation that is against the law, per your analysis. So why would UPS allow an unlawful situation to exist, and even after being made aware of it, allow it to continue????</p><p>Ah but nim, it is against the law. OSHA is very much a legal entity that can shut down your business, fine you to hell, and put you in jail for a violation like this. So yes, it is not only unsafe, but unlawful as well.</p><p>Upstate Washing of the windshields did not cause the injury, therefor in itself was not an unsafe action. It was the climbing in and out of the package cars that is a necessity in that job that was in a violation of the doctors orders. The dimly lit building and oil spill were secondary issues that contributed to the injury, but were not the direct cause of the injury. A normally healthy employee, as stated before, could have compensated for the oil/water. But in this case, the employee was physically unable.</p><p> </p><p>d</p></blockquote><p></p>
[QUOTE="dannyboy, post: 806528, member: 484"] Ding ding ding, we have a winner. Now, would you care to elaborate what happens when an employee that has been given instructions and a task while on TAW, refuses to work as instructed? What fall out is there Tie? As for the return to the doctor, that is not the answer. As far as the rest of the Monday morning armchairs, wanna know how the panel has ruled on similar cases where the employee refused a direct order from the center manager? Tie, you are so funny......Next you will ask if the center manager offered to buy breakfast and coffee. You are kidding, right? Sit as often as needed?????LOL Lets see, what is the physical difference between climbing in and out of package cars to clean the windows and making deliveries? You ever climbed into a package car with a brace on your left knee? One that does not allow any movement of the knee joint? What happens to that knee trying to get up and down, not to mention maneuver inside a package car. Think that is very comfortable? Why would the doctor specify no stairs or climbing, and very minimal walking, but yet the company ignore the doctors orders? You think it was about comfort? Can we say additional injury? As to the environment, yes, it was a contributing factor. But a normal driver would have had a three point stance while exiting the vehicle. A healthy driver would have had the capability to compensate for the right foot slipping out from under him by having both the left foot and hand on the rail. This driver only had one means of support once the right foot slipped, his hand on the rail. And during the fall, his grip was broken. Maybe in your world it works that way. But not in other places. While Sober's sarcasm detracts from his post, there is a ton of truth there. There was no action on safety committee requests for improvements to the problem. Of course, they made symbolic gestures with the mechanics to try and stop the leakage, and on occasion had part time personnel scatter the oil dry on the floor. But then that created a mess for the cleaning crew, and we dont want that now do we? So that lasted a few days, then back to doing nothing about it. After the grievance was pushed the hourly committee cochair took it upon himself to put out the oil dry. AT that time, the safety committee had the authority to take care of issues on their own, and since management would not take it seriously we did it ourselves. Management of course had a hissy because many weeks, that action caused him to be low on hours by friday. And not to mention paying someone $30+ an hour to carry around kitty litter and spread it out on oil spills was not to smart. As far as I know, it still is a serious problem in this building. I find that an interesting thought. Here it is, UPS micromanages its center managers to the point they do not have the authority to add an extra route, but yet he has the authority to demand an employee work contrary to the doctors restrictions? How does that happen? And lets see, taking that one step further, having oil on the floor, mixed with water causes a serious safety violation per OSHA standards. Something you can be fined for. So basically, a situation that is against the law, per your analysis. So why would UPS allow an unlawful situation to exist, and even after being made aware of it, allow it to continue???? Ah but nim, it is against the law. OSHA is very much a legal entity that can shut down your business, fine you to hell, and put you in jail for a violation like this. So yes, it is not only unsafe, but unlawful as well. Upstate Washing of the windshields did not cause the injury, therefor in itself was not an unsafe action. It was the climbing in and out of the package cars that is a necessity in that job that was in a violation of the doctors orders. The dimly lit building and oil spill were secondary issues that contributed to the injury, but were not the direct cause of the injury. A normally healthy employee, as stated before, could have compensated for the oil/water. But in this case, the employee was physically unable. d [/QUOTE]
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