Safety
Safety
(OP)
I recently started work at a company that makes industrial type vehicles that use some fairly dangerous equipment. I am an electrical engineer and have found several safety issues that concern me (most not electrical). One item is they use air tanks that operate at say 100psi. These tanks are not certified (some are but they weld on them an do not recertify). One of these air tanks IS the front bumper of the vehicle. This is a problem to me but when it was brought up they said everyone does it. This is only one item of several with the potential to kill someone. They buy vehicles from the mfg's that are supposed to be receritfied by the mfg to elimnate the reliability, of course they are not. They are also supposed to be doing 'G' tests on these vehicles to make sure nothing comes loose in a crash and goes through the cab. They are not doing this either (I guess 2 people have been injured from this in the past). I do not want to be responsible for this and the fact that I know about it would bother me terribly. I have produced several memos identifying safety concerns. I was told to shred them up and delete the files. I was told we should discuss these issues first before putting them on paper. Now I am no dummy and no exactly why they don't want a paper trail. I have made several efforts to fix these safety concerns to no avail. Is there anyone I can report these concerns to while remaining anonymous besides the customers? In the meantime, I am looking for another job.





RE: Safety
Saying that, doing something about it and surviving with your career reasonably intact is a different story. First off, don't shred your own copies of internal memos. They are your property your only obligation to your employer is to keep them confidential, if you do shred them you could potentially be charged with conspiracy or obstruction. Second, keep a personal (and private) log of all conversations, memos, actions taken, etc. I would also find out what protection is available for you under your local labour laws. Read the act(s) or statute(s) that cover engineering in your jurisdiction (surprisingly most engineers I know never have). Some jurisdictions also have 'whistle blower' laws for people in your situation. Finally, if you think the situation merits it, get a lawyer. Most will give you a 15 to 30 minute free consultation, which should be enough to determine your next course of action.
RE: Safety
As Hush suggested, keep copies of all your memos and letters, preferably NOT at work. Also keep a log of "who, when, why, what, and where"
Finally, if you suffer adverse action as a result of raising these concerns, you can file a lawsuit through the Department of Labor. You have 180 days (not quite 6 months) from the time of the adverse action to file suit.
Good luck
Patricia Lougheed
RE: Safety
You have received excellent advice from both Hush and VPL. If your state (assuming you are in the US) has it's own version of OSHA, you could also contact them (do this first). In many cases, their safety requirements may supersede the Federal ones.
RE: Safety
HUSH: These memos are legally mine? I have not shredded them and have copied all of them to a floppy and taken them home. I am a little reluctant to make any more memos about safety concerns because they told me not too. If I do, and get fired for it, is there anything I can do?
VPL: Can OSHA do anything about the equipment safety concerns through our plant or do they have to go directly to the companies using this equipment?
I do know there are pending lawsuits, somewhere, but I have not been able to determine where or the reason. Is there someplace to look up this info?
Thank you all very, very much. I am a relatively experienced EE with a lot of experience with UL, CSA, and CE. I do know one of our pieces of equipment is being used by a company in the european union. But does this mean they have to meet CE requirements? We, nor they, are selling this equipment in Europe just using it to demonstrate their product. The company that uses this is a US based company and their people are operating the equipment. Again, thank you all.
RE: Safety
RE: Safety
I won't go into specifics but I used to work for a company that made industrial machines. The company, when I started working for them, had been making these machines for well over 40 years. My boss had been with the company for nearly 30 of them and was well respected in the industry as an authority.
One day a code creating body (ASME) came along and decided to write a code about our machines. Nearly overnight the machines the company had been making for all these years could not be made. The safety, testing, and material requirements almost doubled the cost to make the machines. To this day I still laugh about it. There are only four companies in the world that make these types of machines, yet there were over 350 people on the code commity to write the code. I think it's safe to say that not all of them were experienced with this type of equipment.
I was fortunate that my manager was willing to work with me on this and show me that the machines were very safe, even if they were not being made exactly to code.
My point in all of this is to just make sure that you are confident in what you are doing. Make sure that your machines are unsafe before you tell people that they are. There is a huge difference between not being code compliant and not being safe. Code compliance is a legal issue that is fought with lawyers and politicians. An unsafe machine is dealt with in a very different manner.
RE: Safety
You are not alone in this, for many before you have faced this situation. Try to seek support. You are well within your ethical and legal rights to hold your ground. Continue to do as Hush, VPL, PSE, and JB have suggested - good advice. Good luck.
Sustainable, Solar, Environmental, and Structural Engineering: Appropriate technologies for a planet in stress.
RE: Safety
Sorry to be slow in replying to you: Yes OSHA will look at both your company as well as the end users. However, I don't work for them, so you really need to talk to them. My experience is that if there is a serious safety issue, they can move pretty fast. I also agree with PSE about contacting your state officials: the more avenues the better!!
James Barlow: Although I recognize what you're trying to say, I shuddered when I read your reply. The codes and standards are there for a reason. While they may seem illogical or overly expensive, they support safe and prudent design. If you (or your company) has a problem with a standard, then you should work to get the standard changed. Not meeting a code (especially when a company states that it does) is a very serious charge - and can get you into a lot of legal hot water, especially if someone gets hurt as a result.
Patricia Lougheed
RE: Safety
Regarding CE requirements, products for demonstration purposes are allowed to enter EU provided that such statement, eg, this is not in compliance with European direcitves, is shown along with the product.
I know a lot about machinery directive that has such requirement on demonstration, and I believe every EU dir. has a similar clause. I don't know which one of dir. applies to your case but you should check the applicable one first to wonder no longer on this.
Eastend
RE: Safety
If I understand the salient points of your post, you indicate:
- You are an engineer (electrical). I presume you are a professional engineer or are in the process of becoming one.
- You have safety concerns related to your employer's manufactured products.
- You have documented your concerns to your superiors who instructed you (presumably orally) to destroy all evidence of your correspondence.
- Your superiors admonished you to " . . . discuss these [safety] issues first before putting them on paper."
Many of the preceding responses offer excellent advice, but I'm not sure they address the ethical issues of your case.Let me try a few ideas on for size:
Regards,
RE: Safety