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I have expressed my concerns on her painting while pregnant but she's hell bent on continuing on. I'm a bit concerned if I should be covering my butt in some way. I told her she needs to be wearing the proper mask when near fumes but I'm not always with my employees too. I am going to keep her to cabinet refinishing throughout her pregnancy or basic repaints...any advice?
 

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Is it her first pregnancy? If it's not she should be a good judge of what she physically can and cannot do. I'd get her doctor to sign off on it. But keeping her off ladders, no carrying five gallons, mask up, and extra breaks when she starts gaining weight. Also think about access to a bathroom as she will be having to go more often. I'm a solo act and never had to deal with an employee but I can remember what my wife went thru. Also patience. Lots of patience.
 

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Just my opinion since I’m not a lawyer, I think you need to consult a lawyer. You say you want to make sure you’re covering your butt and that’s the only way to be sure I’d think.

You don’t want to violate any HIPPA regulations or violate her rights.
 

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Speaking to a lawyer might be the way to go, that way you're covered and know you're going the right away about things. Otherwise it could be a situation where you're damned if you do or damned if you don't.
 

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Pregnant or not, it’s best to familiarize yourself with your state’s hazardous substance “Right-to-Know” laws, which may require a hazardous communication manual and product inventory/work-site specific MSDS manual.
 

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From FMLA (Family Medical Leave Act )

Does FMLA cover employees during pregnancy?
A. Yes. An employee’s ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child.

Comment:
If possible, I would not want to be responsible for a pregnant person exposing themselves to known hazards.
 

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Follow up to FMLA;
It appears the protections of FMLA are only afforded to employees who work for an organization of 50 or more employees.

Back to square one.
 

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As long as your following safety guidelines. AKA wearing and/or providing a Respirator, proper ventilation etc. I would think it's up to her. Everyone knows there are possible side affects in this business. However putting her on lighter duty stuff is also a good idea.
 

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even if someone worked for free i wouldnt let them paint pregnant my god, I could be potentially complicit with ruining a life
I agree with your sentiment . However, I think a business owner would have to tread lightly here. You cannot violate her rights just because she’s pregnant. Conversely, you might have to come off like a jerk by writing her up everytime she’s non compliant with safety rules to cover your butt down the road.
 

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I agree with your sentiment . However, I think a business owner would have to tread lightly here. You cannot violate her rights just because she’s pregnant. Conversely, you might have to come off like a jerk by writing her up everytime she’s non compliant with safety rules to cover your butt down the road.
This opens up a whole can of liability on the owner's part.

Pregnancy, although not an injury, presents a number of issues at a work place (driven by physical labor) in the same way it would be for a non- pregnant employee that had experience an injury.

For example: If the injured employee wishes to continue working, the organization will require a document from a doctor indicating the limitations of the injured worker's ability to lift, push, and pull, or face liability. Medications also will impact the employee's ability to operate a company vehicle and is part of the organizations risk assessment before allowing the employee's return to work.

Bottom line, the company should err on the side of caution rather than the sensibilities of the employee.
 

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I would tell the employee that if they want to continue to work here while pregnant, I just need you to sign this waiver stating that you are choosing to continue work here of your own volition, and that any myself/company will not be held liable in the future for any issues that may come up as a result of her continuing to work here during pregnancy.

sign and date both parties. maybe have a witness sign also.
 

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I would tell the employee that if they want to continue to work here while pregnant, I just need you to sign this waiver stating that you are choosing to continue work here of your own volition, and that any myself/company will not be held liable in the future for any issues that may come up as a result of her continuing to work here during pregnancy.

sign and date both parties. maybe have a witness sign also.
Nope.
 

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...On the other hand, appeasing someone who could be potentially exposing themselves to harm, is also not a good look. Conundrum?
 

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So many warnings about pregnancy these days.
Do not smoke while pregnant, do not take Tylenol while pregnant, do not drink while pregnant.

Paint fumes and pregnancy is clearly not a good idea. Seems like a foolish risk to expose one's unborn child.

I would hate to be the employer in this situation. The mother is either in a position where she feels she must work, or is unconcerned about the consequences of her actions.
 
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