Can you an employee sue a comany for getting exposed to ionizing radiation ?
Find answers to your legal question.
Can you an employee sue a comany for getting exposed to ionizing radiation ?
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I work for a company in which I am required to work with ionizing radioactive sources on a regular base. The company does not comply with standard safety standards such as use of dosimeter badges and proper training of its personnel.
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Nukemann
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Any company in the US that handles radioactive sources must be licensed by the Nuclear Regulatory Commission. Safety issues in the workplace are also monitored by OSHA. Contact these agencies immediately if you feel your company is not in compliance.
Including any concern involving a nuclear reactor, nuclear fuel facility, or radioactive materials.
See NRC contact information below:
You may send an e-mail to allegation@nrc.gov. However, because e-mail transmission may not be completely secure, if you are concerned about protecting your identity it is preferable that you contact us by phone or in person. You may contact any NRC employee (including a resident inspector) or call:
NRC's Toll-Free Safety Hotline:
(800) 695-7403 |
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msi_cord
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You need to contact OSHA immediately if they are not complying with safety regulations. Right now, you cannot sue because you have no damages as a result of being exposed to ionizing radiation. |
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laughter_every_day
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law suits are designed to recover damages, not to sue because of potential damages. Instead, your have other choices. You can quit, for instance. You can negotiate better conditions. You can notify OSHA and have that agency enforce safety regulations. You cannot, however, sue because you MIGHT be harmed later. Furthermore, even if you are actually harmed, because it is your employer you are limited to workers comp and disability insurance. That assumes that you are in the u.s.a. |
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J. Jinx
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Are you sure that you were not sleeping when they trained people to deal with this? In todays society, Companies have too many government agencies that would shut them down for not complying with the rights to know laws. Start paying better attention at the job. It does not sound as if they just started exposing workers to this without knowing. |
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bella
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This is more serious than just an industry issue. I strongly suggest that you look at your country's health and safety legislation first. Which will (most likely) insist that you have a duty of care to yourself FIRST. This means that you must act in ways to minimise risks, ensure that you comply with health and safety legislation and industry standards as well as company policy. In other words; YOU have a DUTY to report such (alleged) practices under the Act.
I can give you information about the UK legislation:
Health and Safety at Work Act 1974
Section 7 is applicable here which basically states:
1) All employees have to take REASONABLE care for their health and safety and those of others who may be affected by his working practises.
2) You must comply with your employers and others to enable them to carry out THEIR duties under the Act.
Section 8 would also be applicable which basically states that you should not interfere with ANYTHING provided in the interests of health safety or WELFARE provided under the Act.
So what does this mean?
Well your employers have a legal duty to comply with the appropriate Health and Safety Legislation. They must provide training for personnel, equipment (and maintain it) and training on how to use equipment.
BUT: YOU have a duty to take REASONABLE care of your own health and safety and others around you.
Both of the above will vary depending on the industry/business you are involved in. Industry standards may be higher standards so take precedence for example.
SO: in theory the answer to your question should be Yes. BUT, you have to go through the proper process: Formally complain about the lack of training, about the practises or the equipment provided to protect health and safety. You need to do this FIRST because of your OWN duty to take reasonable care of your health and safety and others around you. For example if guard on a bench saw was faulty and having reported it, it was not fixed, you would have a duty to take REASONABLE care of your own health and safety and that of others, so should not use the saw, but should make another written complaint (keep copies).
You must give them a reasonable amount of time to respond (if it is a life threatening situation, it may be reasonable to only give a few hours).
Log your concerns. Take photos, keep a diary. Make written formal complaints. If you have a professional watchdog, a professional union or even a shop floor union, they should be able to support you. Ensure that YOU comply with Health and safety legislation, make formal complaints and give the company REASONABLE time to make amends before considering legal action. |
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Michael
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Oh hell yea! |
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