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A company runs a number of call centers, which all use the same
equipment. The headsets are connected directly to the phone, which imo
was poorly designed, it doesn't allow enough reduction in volume and
with widely varying volume levels, callers often come across blaringly
loud. The only way to get around this is to move the earpiece off the
ear which is awkward and cumbersome.
The response from management has been that the company spent a lot of
money on the phones and basically that's the way it is. Bottom line,
tough.
The problem isn't on all calls, but on a fair percentage of them. It
seems to prove the potential for injury there would have to be some
technical measurement of the decibel level of the headset during a
large number of calls, which I'm guessing the company wouldn't make
simple to do. I'm assuming someone makes equipment to make such a
test.
If this phone situation is such that it has the potential to cause
hearing damage, which I personally believe it does, do you have any
opinion as to whether this could constitute a basis for legal action?
Given the circumstances, this would effect likely hundreds of
employees, possibly thousands - which would seem to imply a potential
class-action suit, if I understand the nature of a class-action suit,
and obviously an incentive for the company to fight it. There's no
union, this is a large company with a staff of attorneys. The
employees affected aren't well-heeled - they're hourly employees.
I.e., they might be easily intimidated by the company threatening
their jobs for participating.
They already have employees sign a "you're prohibited from discussing
anything that goes on in the company" document - shades of "The
Insider". I don't even know what the law is on such a matter - i.e.
firing employees for filing a suit over conditions detrimental to
their well-being, but I'm going under the assumption that no matter
what the law says, the company with the amoral shark lawyers has the
upper hand.
Thoughts?
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On Apr 4, 7:39 am, JayEss...@live.com wrote:
<call center headsets are too loud>
employees affected aren't well-heeled - they're hourly employees.
I.e., they might be easily intimidated by the company threatening
their jobs for participating.
Have you thought of contacting OSHA or your state equivalent, to
investigate and see if this is a workplace safety violation? You may
be able to do so anonymously if job reprisals are a realistic fear.
They already have employees sign a "you're prohibited from discussing
anything that goes on in the company" document
Many states have laws protecting "whistleblowers" (those who bring
company violations to the attention of authorities) from having any
adverse job action taken against them by the employer by reason of
their whistleblowing. You may want to also think about getting more
of your colleagues on your side on this issue so you can present a
collective front and you won't stand out as the tall peg to be knocked
down as an example. If several of you together hire a worker-side
labor lawyer to help you work thru this, the cost to each client will
be less. You may even wind up organizing for better working
conditions and wages in other ways (i.e. form a union - that's what
they're for). Just a thought. Or, if your colleagues don't have
the guts to help you do any of the above, maybe you will want to find
a different job where the employer treats you better.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
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JayEssTee@live.com wrote:
[claims headsets are so loud as to cause long term damage to his hearing]
Thoughts?
The agreement you signed not to divulge information about the operations
of the company does not cover reporting workplace hazards. The simple
answer is to quit and work someplace else where, if it's a call center,
it offers a simple modulator to the output of the headsets.
If you wish to pursue this, you can file a complaint to OSHA however you
better be prepared to back up your claim of hearing damage. OSHA will
investigate if your complaint seem reasonable, but danger to employees
must be something provable. Just being a bit uncomfortable won't work.
Some companies will try a reprisal against you for such a filing. There
are also regulations against that which will probably be your next
battle. Overall, you may be 100% in the right but the fight isn't worth
is. Consider other employment.
-paul
ianal
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In article <cp4cv3535ev656c8nighnug2s2rj5v4tud@4ax.com>,
JayEssTee@live.com wrote:
They already have employees sign a "you're prohibited from discussing
anything that goes on in the company" document - shades of "The
Insider". I don't even know what the law is on such a matter - i.e.
firing employees for filing a suit over conditions detrimental to
their well-being, but I'm going under the assumption that no matter
what the law says, the company with the amoral shark lawyers has the
upper hand.
The best advice that I can give is to see a hearing doctor and
get tested. If you have gradual hearing damage, a professional
will find it. They may also know what to do to fix the problem.
A second advice is to look through some catalogs that have telephone
accessories. Just because the company isn't offering to buy you a
better headset doesn't mean that you cannot buy one yourself. You
may also be able to find volume control that plugs into the headset
that they have you use.
Finally, it sounds like you have a lot of anger associated with
this company. You should consider quitting and going somewhere
else. You are not happy, and you are probably not doing your
best every day. The company is paying you, so they deserve
your best. It is time to stop complaining and go find something
that you enjoy doing.
-john-
--
======================================================================
John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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On 4 Apr 2008, JayEssTee@live.com wrote:
A company runs a number of call centers . . .
with . . . headsets . . . poorly designed . . . with
widely varying volume levels . . . often . . . blaringly
loud [and management rejects employee requests
to mitigate] . . . potential for injury. * * *
There's no union . . . Thoughts?
Besides - or, perhaps, in connection with - the others' suggestion
that an adversely affected employee try to arrange for an OSHA
inspection (if attempted intelligently, something that usually can be
done in a manner that does not disclose a complaint's name to the
target employer), query why you seem to assume that the absence of a
union is some sort of immutable "given"? Perhaps some (what can also
be discreetly made) calls to existing unions which represent these
sorts of employees (e.g., but hardly limited to, the SEIU or the UFCIW
or United Steelworkers) for organizing assistance.
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