What rights do I have? I work at McDonalds and employees are smoking while working.?

Question

Question Details: I have having problems with employees smoking at a non smoking mcdonalds resturant in Ohio. Its after the dine in side closes and we are a 24hr resturant. I have contacted the owner of the resturant and she wont do anything about it becuase shes a smoker herself. What can I do to protect my self from the harful effects of second hand smoke. Managers allow this smoking also.

Answer 1

I'm not sure what state you live in but you might want to contact your labor board to find out what the employer laws are. In California, these have to be posted in a general employee space where every employee is likely to see it to refer to if need be. Ours is in our convenience center and actually becomes good reading material while copying.

You might also contact McDonald's corporate office. If this is an independent franchise, city/state laws may be in effect. If anything, the manager will be cited (and perhaps fired) for not conforming to legal employment practices. The second link is where to contact McDonald's - you could send an anonymous e-mail to ask about their employment practices. Trust me, someone from their corporate office will investigate this. But also try your city/state employment office to see what the law states about smoking in a food service establishment. There may be a law that there should be a designated area for employees and if these people are disobeying this regulation, they could be fined or dismissed, as well as the manager.

You deserve a right to breathe clean air!

Answer 2

I am a smoker also, but this is absolutely ridiculous that they would be so childish! Contact the local health department, and if they won't do anything, find a corporate office at McDonalds - I'm certain they will. Not only are you having to suffer the harmful effects of second-hand smoke, but I'm certain customers know that there has been smoking in the building, and it's probably upsetting. As a smoker, I'll actually stop going to a restaurant that disallows smoking but where I can tell the employees smoke inside the building after hours. This is a horrendous double-standard - during open-hours they are telling customers that they support a smoke-free environment, but when the doors close, they're using the same facility to puff away. And believe me, you can tell!

Answer 3

1) if it is a capital city you are working in...then there are federal rules about smoking indoors of public locations....pretty much absolutely illegal.

2) state rules about smoking inside restaurants? look it up. Either it is not allowed or is allowed with regulation of a seperate air conditioning system.

3) health inspection ordanances regarding eating, smoking or other unsanitary actions in the presence and preparation areas of food for human consumption. That's a big problem.

4) that handy dandy worker's rights poster that is required in every company. Read it and see if your delimma is covered under the hazardous/harmful working conditions.

I would start small. You have all ready spoke with your shift and store managers, right? then owners? well then move on to the city health inspector's office. A food restaurant ALWAYS takes advice from a surprise visit from an inspector. They have the ability to shut the restaurant down until compliance. You might appear the whistleblower and take heat for it, be prepared. then move on to federal or state health orcestrator. Still no luck? Call the media once their restaurant is publicized on FOXX news at 9 they WILL loose business, money and garner the immediate attention from the proper associations to handle the problem. Oh and also look into a hiring a lawyer to protect your working liberties. Might need it when they fire you for unjust reasons.

Answer 4

If that was Canada, you could phone the Workers Compensation Board and they would fine the company heavily and close them down if they continue. Smoking on the job is banned in Canada. You could bring a class action lawsuit against the restuarant on behalf of the employees. But this is costly and will drag out. Its your health and there are lots of jobs. As a young worker, I wouldn't be breathing any smoke or chemicals. Either take your break when they smoke or quit.

Answer 5

I would recommend you to advise some one higher than the manager. Maybe the franchise it self. Smoking is harmful and has been declared more harmful to a second hand smoker, meaning you the one inhaling someone else fumes. If there is a law against smoking in your state, contacting authorities may help, and they will get fined for not abiding by the law. You will be targeted, but you can not get fired for that. If it becomes hell working there, maybe it is time to move on. But your conscience will be clean, you were strong, and stood strong to your value. Obviously they don't have respect for themselves and others. Take care, and good luck!

Answer 6

First take pics of them smoking when they arent looking with a cell cam or some other cam that has not flash on it, and then write a letter to head office (hopefully get your manager smoking) and state that they are injuring mcdonalds reputation by smoking inside when they shouldnt be, and they are injuring your health with second hand smoke when they shouldnt be and that your manager is aware of this and wont do anything about it because she smokes, and you dont want to quit your job but feel it is a hazerdous to your health environment, and belive me they will fire her as soon as they get your letter and do an investigation.

Answer 7

Well, if you report it to corporate you'll probably be out of a job bc the Manager will retaliate on you. I think you're in a no-win situation. You could just find another fast food job though. Also, an anon report to the health dept. might work. I agree it's not sanitary.

Answer 8

contact the head corporate office in your city or contact the corporate headquaters and report it....if it is a non smoking establishment for customers I am sure the view that employees are important also is how the company feels.

Answer 9

There must be a corporate human resources phone number someplace that you can call and get advice. Your co-workers and bosses are breaking the rules and the law...just because "everyone" does it does not make it right.

Answer 10

You can and should get ahold of the Health Department. That is just nasty. People ordering food have a right to know how their food is being prepared.