Legal Question in Employment Law in Florida

help????

I work at this manufacturing plant in Florida that makes PVC pipe. I work in the shipping department with the fittings but every morning i have to go across the street to the other part of shipping that ships out the 10' and 20' pipes. My question is we all had to sign a piece of paper saying that we would not smoke on a forklift (by forklift they mean pallet jacks, electrical forklift and propane powered). So there is this guy that smokes continuously on a propane powered forklift that signed the paper also. If I were to tell the supervisor over the shipping department that I'm not going to go back until they make him stop, could he legally fire me or take it that I quit my job because I don't want to go over there and help??? I understand that safety risks are a part of the job but at the same time this is an unnecessary risk that I have to take and can be controlled. The company knows about it but they are being negligent. I took some Business Law for my AS degree in Business Management so I know a little but this is past my knowledge.

Yes they know that he does it and they have told him plenty of times to stop.

Asked on 3/25/09, 7:25 pm

1 Answer from Attorneys

Alan Wagner Wagner, Vaughan & McLaughlin, P.A.
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Re: help????

They can probably fire you. I am unaware that there is any actual risk in smoking while operating a propane powered vehicle. It would surprise me if there actually was, but I could be wrong. If it is dangerous, it may be an OSHA violation and you could report it to the appropriate people and attack this problem that way.

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3/25/09, 7:44 pm

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