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I work for Office Depot. Since there new store openend in October

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

I work for Office Depot. Since there new store openend in October there has been a swear gas smell. I have complained and basically told to deal with it. Recently, my body reacts in a way that my heart start racing, I get headaches and feel nauseas. I called ot the last two scheduled days. I was told Sunday to call HR and ask for a transfer. Is this legal? Or do I have some rights?

 

Optional Information:
Country relating to Question: United States
State (if USA): Florida

Already Tried:
Nothing, because this happened over the weekend.

Submitted: 288 days and 11 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  JD 1992 replied 288 days and 11 hours ago.

It depends. If the sour smell is something that they can control and that isn't inherent in the place AND if it isn't required for it to be there for some reason then they should do away with it. However, if it is unidentified, a result of the location (for instance if the store is close to a chemical plant) or is inherent in the business (for instance the smell is from a copier in their copy center) then they won't be required to do anything about it.

Also, you may want to file a complaint with OSHA and see if they can figure out what it is.


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We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

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Customer replied 288 days and 11 hours ago.

It is not due to the copier or near a chemical plant. They are doing construction next door. The smel would come and go but now it stays. They spray air freshener on top of it to try to mask it.

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Expert:  JD 1992 replied 288 days and 11 hours ago.

What is causing the smell?

Customer replied 288 days and 11 hours ago.

I believe it is sewar gas

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Expert:  JD 1992 replied 288 days and 11 hours ago.

Is your employer doing the construction?

Customer replied 288 days and 11 hours ago.

no Sam's club is building a new facility next door

Accepted Answer

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Expert:  JD 1992 replied 288 days and 11 hours ago.

Then the employer doesn't have any duties to you to prevent you from being exposed to whatever is coming from the construction site. If it was your employer who was doing construction there is some small chance that you could get them to do something but with an entirely different company all you could require of the employer is that they allow you to transfer. You MIGHT be able to argue that they should allow you to either take a leave of absence or else do a temporary transfer until the construction is complete.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 11273
Answered: 7/9/2012

Experience: Began practicing law in 1992

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