Ask me a legal question - Page 4

Tubby Rower · 05-10-2007, 12:39

re: guns... I don't have a problem with people not wanting to have a gun. For the longest time I didn't care to own one and thought that it would endanger my family more than it would protect it. But this feeling that I have had recently is weird and something that I must do

re: whistleblowing... OSHA will respond to an employee's anonymous complaint. In the nuclear world, we are requested to go through the proper channels first and if those don't resolve the situation satisfactorily, then we should contact the NRC and/or OSHA to get them to investigate. If you have gone through the proper channels and an EHS worker has said that they are waiting on a serious injury, then I would contact them. Or ask that person who they would like to get hurt as it could be you.

grahamiam · 05-10-2007, 15:28

Quote:

quote:Originally posted by akots
They are firmly on our side but they don't want to shut the building down unless somebody gets seriously hurt and that is what they told us directly. They do share a feeling that it is coming though. Shutting down is easy but reopening might be very tough.

Sorry, but they are not on your side if they are waiting for someone to get hurt before they do anything.

Also, KC, since Akots is a legal alien, is he really protected by the whistleblower laws? Can't his employer easily find some bogus claim to let him go, thus making him lose his work visa? (ie, Sorry, the lab is shut down due to OSHA so we don't need you anymore, etc)

grahamiam · 05-10-2007, 15:31

Quote:

quote:Originally posted by Tubby Rower

re: guns... I don't have a problem with people not wanting to have a gun. For the longest time I didn't care to own one and thought that it would endanger my family more than it would protect it. But this feeling that I have had recently is weird and something that I must do

midlife crisis?

Seriously, if you are getting one, I'm sure you're also serious about getting a wire-type barrel lock as well as a locked storage container for the gun and ammo. All the sad stories about kids killing themselves/friends accidently are really heartbreaking.

Tubby Rower · 05-10-2007, 15:54

yes, I'm almost certain that the Ruger KGP-161 comes with a barrel lock (essentially a padlock that fits in the revolver's barrel). I also have an ammo box from the surplus store that I can lock ammunition in . and as far as mid-life crisis... I hope not as I'm only 30.

IglooDude · 05-10-2007, 17:21

Quote:

quote:Originally posted by Beorn

I believe that the need to defend oneself by carrying an assault rifle is very legitimate.

ID: IANAL?

IANAL: I Am Not A Lawyer

Quote:

quote:Originally posted by socralynnek

Following situation: You have a gun and find someone with a gun in your house. It is almost certain that one of you shoots and that means that one is at least severely injured. <snip>

Why do people always seem to assume that in any circumstance involving a gun (except, of course, where police are involved), that a trigger is pulled?

killercane · 05-10-2007, 17:38

Quote:

quote:Originally posted by grahamiam

Quote:

quote:Originally posted by akots
They are firmly on our side but they don't want to shut the building down unless somebody gets seriously hurt and that is what they told us directly. They do share a feeling that it is coming though. Shutting down is easy but reopening might be very tough.

Sorry, but they are not on your side if they are waiting for someone to get hurt before they do anything.

Also, KC, since Akots is a legal alien, is he really protected by the whistleblower laws? Can't his employer easily find some bogus claim to let him go, thus making him lose his work visa? (ie, Sorry, the lab is shut down due to OSHA so we don't need you anymore, etc)

Good question. I made sure of the definition before answering as that was what was bothering me.

29 CFR 1977.5: "For purposes of the Act, an employee is defined as "an employee of an employer who is employed in a business of his employer which affects commerce.""

So legal resident status should not matter.

killercane · 05-10-2007, 18:06

Quote:

quote:Originally posted by akots

And as to what do you think? Are the things which I described as an example a solid base to try to file the complaint? Or this would not be sufficient?

It is hard to say without knowing what you are doing. Normally an irritable air conditioner going from 72 to 65 is not an OSHA matter, just a pain in the ass. But perhaps one of your chemicals aerosolizes at 66 degrees and makes people sick? Perhaps you are in a very controlled environment where such things are very hazardous? Those are some of the things you would want to put in your letter, in addition to the negligent handling of the hazardous spills, inefficient safety protocols and procedures, and lack of hazmat training for cleanup personnel (just guessing here). So...

1) Write a letter to the bosses there, detailing your concerns (or get another guy to do it, perhaps head of your particular group).
2) If no satisfactory action, forward letter anonymously to OSHA or state OSHA. They also have an 800 number to call.

This is the low cost, most efficient way to see improvement. I will say that it is difficult to say whether Whistleblower regulations apply to a true government entity; the law seems conflicted, ie 29 CFR 1977.5 (c) states "employees of a State or political subdivision thereof would not ordinarily be within the contemplated coverage of section 11(c)". There are other Whistleblower statutes that do seem to cover such an event however, and have been used successfully (TVA, Chemical Weapons Facilities, etc.). One would need to do an analysis on whether you are truly a public entity or a public/private enterprise, it is unclear your status there. In any case more research would have to be done on that issue.

killercane · 05-10-2007, 18:12

Person A stands in a state withouth death sentence. Person B stands on the other side of the border in a state with death sentence. Person A shots and kills Person B. Can he be given the death sentence?

States can have concurrent jurisdiction, he can be tried in either state most likely. If by states you mean say US and Canada, the extradition process may be tricky (ie, Canada doesnt want to extradite bc the person faces the death penalty), but he can probably still be prosecuted in either jurisdiction.

mauer · 05-10-2007, 18:26

I'm gonna venture a guess here that things are slow in the office...lol

killercane · 05-10-2007, 19:04

Quote:

quote:Originally posted by mauer

I'm gonna venture a guess here that things are slow in the office...lol

Very much the last few days. In other news...

http://www.news.com/8301-13578_3-979...?tag=nefd.blgs.

It looks like the judge gave the jury the lowest standard of proof jury instruction for Virgin. And the jury crucified her to the tune of $220K. Unlike the commentary here, I think there are forces at work that will spur an appeal in such an important case. Thomas will probably have all her legal fees and damages paid if the special interest groups want some definitive law here.

05-10-2007, 12:39	#31
Tubby Rower Moderator Join Date: Aug 2005 Location: Middle of VA. Posts: 3,896	re: guns... I don't have a problem with people not wanting to have a gun. For the longest time I didn't care to own one and thought that it would endanger my family more than it would protect it. But this feeling that I have had recently is weird and something that I must do re: whistleblowing... OSHA will respond to an employee's anonymous complaint. In the nuclear world, we are requested to go through the proper channels first and if those don't resolve the situation satisfactorily, then we should contact the NRC and/or OSHA to get them to investigate. If you have gone through the proper channels and an EHS worker has said that they are waiting on a serious injury, then I would contact them. Or ask that person who they would like to get hurt as it could be you. __________________ 3/2006 : Now, surely that must be because some fists might have caused internal damage to certain delicate parts?

05-10-2007, 15:54	#34
Tubby Rower Moderator Join Date: Aug 2005 Location: Middle of VA. Posts: 3,896	yes, I'm almost certain that the Ruger KGP-161 comes with a barrel lock (essentially a padlock that fits in the revolver's barrel). I also have an ammo box from the surplus store that I can lock ammunition in . and as far as mid-life crisis... I hope not as I'm only 30. __________________ 3/2006 : Now, surely that must be because some fists might have caused internal damage to certain delicate parts?

05-10-2007, 18:12	#38
killercane Prince Join Date: Sep 2005 Posts: 959	Person A stands in a state withouth death sentence. Person B stands on the other side of the border in a state with death sentence. Person A shots and kills Person B. Can he be given the death sentence? States can have concurrent jurisdiction, he can be tried in either state most likely. If by states you mean say US and Canada, the extradition process may be tricky (ie, Canada doesnt want to extradite bc the person faces the death penalty), but he can probably still be prosecuted in either jurisdiction.

05-10-2007, 18:26	#39
mauer King Join Date: Sep 2006 Posts: 2,033	I'm gonna venture a guess here that things are slow in the office...lol