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Other Construction GCs, OSHA Q?

tea&jam

Master of none
Supporter
Full Member
Minuteman
Mar 27, 2014
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143
Idaho
TLDR: How have you dealt with a subcontractor (I mean, trade partner) that has had repeated safety issue & near misses, but firing them is also risky?

Some context: I work in a resort town, so already, relationships between GCs and subs are different that in bigger markets. I'm a site super, 3 story apartment building, relatively big project. Especially since covid, there isn't a long line of subs within 1 hour who want to do big projects. I don't have formal training in the industry beyond OSHA 10, less than 5 years of experience in construction, a decade in project management. We have a 3rd-party safety audit every 2 weeks. One sub who has a dozen guys on site daily has a rap sheet of safety issues a mile long.

If a subcontractor has an accident on our jobsite, as the GC, we will be partially liable. To my understanding this is an example of what can happen: Fall Protection violation by a sub = we're fined $15K; if a second fall violation occurs by *any* sub within 2 years on *any* of our company's jobsites = GC is fines $150,000

I kinda get why GCs are liable, they control the money and could pressure a sub to operate unsafely. That's not the case here, most of these guys are our neighbors, its a small valley. I dislike that I have to play the role of safety police A) I don't have time for it B) On principal, if I've told someone to do something once, muchless 20 times, they should fix it.

Question to the Bear Pit GCs: How have you gotten peace of mind after a subcontractor has had repeated safety issues? Thanks for reading & Merry Christmas
 
I have the opposite problem.

As a sub I'm repeatedly asked to do crazy sketchy shit because it's too costly to do it the safe way.


But then I have GCs that require hard hats in finished buildings while I'm installing trim, that also won't move the snow and ice outside that have created a 4' tall wall that's impossible to walk over with tools.


It's fully possible your subs just don't get it because nobody else makes them do it. It's also possible they need fired from a job for safety, because they won't change unless it hurts their bottom line.

I know I've worked places where the mod rate was King and you never screwed around. Then I've been other places where I had to tell people they were going to fire me or do the safe thing before they got the message.
 
I'm a project manager in the construction industry, OSHA 30, yada yada, what are some of the safety issues? I've seen quite a bit, been asked to do sketchy things, done sketchy things so I certainly see both sides of the argument. That being said, in your particular case I'd feel that the liability to the company, the project, and the potential damage of your company's reputation with the client is more important than this sub's feelings or the fact that you all reside in the same valley. If they were truthfully good neighbors they wouldn't be putting you in the position you're in. There are usually clauses in the contract that allow you to terminate a sub for cause, I'd suggest you take a look at that, send a certified letter to their company and lay out in no uncertain terms that they toe the line or there will be consequences.
 
Osha is a complete joke. I used to work in printing. We'd know about Osha "surprise inspections" at least two weeks in advance. The company would load up MEK and Tolulene, which had been banned in printing for years, into a truck and send it to a sister company until the inspection was over, and send it right back.

If Osha is causing you problems, you're way behind the curve.
 
get Your safety director involved from your company , hopefully you have documentation for each infraction. Arrange a meeting between safety directors and subcontractor President.
Go over the list and ask how they are going to rectify the violation, put it on them to come up with a fix, additional training, tool box talks held weekly, site inspections by your company safety director. Site inspections by their safety director, have weekly foreman’s meetings and have safety as your first topic of discussion at the meeting, I always held mine Mondays at 8:00am.
Have a print out of your company safety policy taped to construction entrances along with other safety signage clearly visible To all workers.
make sure you make your office aware and get them to back you up on the moves you are making. If they don’t have your back go get another job.
Serious safety violations require Immediate removal from jobsite for the person that fucked up by their foreman at your direction. That can be removal for a day, 3 days, until the culprit that fucked up meets with you and their rep ( union) Or forever and also let it be known that if they are kicked off your job they will not be allowed on any other of your companies projects.
I swear I kicked at least one guy off of every job I ran . Most for good, a couple came back after a few days off and a follow up meeting.
Good luck , there’s a few other methods as well but this will be a start.
 
Also, the big bad wolf here isn't really OSHA, you can use OSHA to bluff people but start thinking in terms of what potential lawsuits and workman's comp claims will do to the company if there is a serious accident, which can easily bleed a company dry.

Like these dipshits....



Now, OSHA may ding them for no fall protection, improperly using the forklift, having a single point of contact on that beam, but man, the personal injury lawsuits and workman's comp...they're going to be paying that for a while.
 
I'm not a GC, but I've been around it enough to know that you have to deal with the problem. There's a reason why I've had to do training to just to get onto jobsites and why the rules are enforced.
 
TLDR: How have you dealt with a subcontractor (I mean, trade partner) that has had repeated safety issue & near misses, but firing them is also risky?

Some context: I work in a resort town, so already, relationships between GCs and subs are different that in bigger markets. I'm a site super, 3 story apartment building, relatively big project. Especially since covid, there isn't a long line of subs within 1 hour who want to do big projects. I don't have formal training in the industry beyond OSHA 10, less than 5 years of experience in construction, a decade in project management. We have a 3rd-party safety audit every 2 weeks. One sub who has a dozen guys on site daily has a rap sheet of safety issues a mile long.

If a subcontractor has an accident on our jobsite, as the GC, we will be partially liable. To my understanding this is an example of what can happen: Fall Protection violation by a sub = we're fined $15K; if a second fall violation occurs by *any* sub within 2 years on *any* of our company's jobsites = GC is fines $150,000

I kinda get why GCs are liable, they control the money and could pressure a sub to operate unsafely. That's not the case here, most of these guys are our neighbors, its a small valley. I dislike that I have to play the role of safety police A) I don't have time for it B) On principal, if I've told someone to do something once, muchless 20 times, they should fix it.

Question to the Bear Pit GCs: How have you gotten peace of mind after a subcontractor has had repeated safety issues? Thanks for reading & Merry Christmas
Sun Valley?
McCall?
It's all documented, right?
I'd do a powerpoint at the regular meeting with your higher ups/stakeholders. Present the case. Depending on their reaction, and maybe after they seek counsel, present that same powerpoint to the offender, have the counsel present a letter to vacate the premises (possibly with escort by the sheriff) and move on. Yes, the project may be delayed, but the fines (or worse, an injury) could cost MUCH more.
 
As @jrassy said in #6.
Sub contractor signs and dates a copy of the safety regulations that he has read them. He then has a copy for all his men to read and sign before they can be on site. Anyone not following the regulations is removed from the site and is not allowed to return without a meeting with the offender, his supervisor, the subcontractor and yourself. At the end of the meeting all parties sign and date a letter of the counseling and the offense that has a statement to what will happen in the event of another violation.
It's business and serious injuries and deaths happen. I'd rather my neighbor have all his limbs and alive than him being my friend because he wants to be a jackass on the job.
 
Just put up these:

IMG_8022.jpeg
 
Give Sub a copy of your safety policy . Get signed documentation that all of his personnel are trained and insured .
Here's the big one . Have the Sub sign in the contract that states he is financially penalized for violations . If it hits his wallet shit will change .
Demand documented retraining for offenders . This puts the ball in the offenders court . Willful negligence is a real thing .
Get your OSHA 40hour card .
 
Question to the Bear Pit GCs: How have you gotten peace of mind after a subcontractor has had repeated safety issues? Thanks for reading & Merry Christmas
Remove them from the job site, simple as that . The "Repeated safety issue" part is crazy . Is this resort town being raped by fly by night contractors ?
 
Its important that you get this rectified. It puts everyone on the job at risk. When a person on a project gets hurt, everyone gets sued, every sub, the general, the engineers, everyone but the owner. They do this to negate all the finger pointing. Our firm had to pay out $70k about 4 years ago for an accident that had nothing to do with us. Cheaper than paying attorney court cost. Sad, but its the world we live in.

If you cant resolve it, get others to help.
 
Warning, development plan, dismissal. Usually how it works if no union involved.
As stated before, this "same valley" contractor is putting you in this situation.
Tell him this privately if you want but then you have to stick to the plan if he doesn't shape up.
 
You need better subs , it sounds like your knowingly dealing with unsafe subcontractors so the risk of fines is just a tax you have to account for in your building cost.
 
What does your sub agreement say? Your contract us important here. Dumping a contractor for safety violations isn't a problem as long as it is a listed contract breaker, in your contract. If it isn't, you'll go to court and lose. Safety violations by a third party safety team aren't worth $.10 in court. Hire a dedicated safety guy and have them watch that crew every day all day. Give them the authority to remove individuals for actual safety violations. Give them a 2 strike rule, or a mulligan. Also, don't do business with companies that have third party safety teams on your jobsite. While you're building something, it's yours, and the safety is your responsibility. I am a GC, and I'd never agree to that unless you're renovating or converting a business that is still open during the project, then there isn't much you can do about that.
 
Your contract with subs should have at least one clause like this to hold them liable:

Subcontractor shall defend, indemnify and hold harmless General Contractor from and against all claims, penalties, fines, losses, judgments, liabilities, settlements, costs and expenses, including but not limited to attorney’s fees, arising out of, relating to, or incurred in connection with the breach or violation of any occupational safety and health administration (“OSHA”) laws, rules, or regulations by Subcontractor, any of Subcontractor’s subcontractors, anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable.
 
I bet my job is more dangerous then anything you've done. Grown men should be responsible for themselves
Yeah, I spent almost a decade as an ag millwright, working with massive shit way in the air, huge picks, tons of voltage, massive powerful equipment, etc, one of the most dangerous professions in the world statistically, and nobody ever thought OSHA was a positive thing.

I just didn't feel like arguing with anyone this morning, but I'm glad you did. OSHA is a waste of oxygen, and so are 98% of safety regulations worldwide.
 
What does your sub agreement say? Your contract us important here. Dumping a contractor for safety violations isn't a problem as long as it is a listed contract breaker, in your contract. If it isn't, you'll go to court and lose. Safety violations by a third party safety team aren't worth $.10 in court. Hire a dedicated safety guy and have them watch that crew every day all day. Give them the authority to remove individuals for actual safety violations. Give them a 2 strike rule, or a mulligan. Also, don't do business with companies that have third party safety teams on your jobsite. While you're building something, it's yours, and the safety is your responsibility. I am a GC, and I'd never agree to that unless you're renovating or converting a business that is still open during the project, then there isn't much you can do about that.

3rd party safety guys are how a majority of contractors run.

It gives them another place to put blame when the lawsuits start flying.


And if they're subbed as a safety guy they're responsible for the program and can be fired if they're not doing their job easily.
 
3rd party safety guys are how a majority of contractors run.

It gives them another place to put blame when the lawsuits start flying.


And if they're subbed as a safety guy they're responsible for the program and can be fired if they're not doing their job easily.
You're talking about a massive multi-trade project with layer after layer of contractor and subs. I've done that crap too. I assumed from the 3 story apartment building that he was the primary. Can't be that many folks on a project that size. There's nothing worse than people who monitor safety as a career choice. I won't have it. I won't bid or accept a project with that stipulation. There is more work out there than I could do with 10x the workforce I have currently, so I can be picky. I also won't build for the big corporations because they throw crap like this on you. I've worked for the ADM, Cargill, tate and Lyle etc crowd, and they can keep it. They force so much safety crap on you that you need to double your labor just to meet their requirements. I could tell horror stories until it's time to open presents in the morning. If you guys choose to sign up for those headaches, then this is what you get.
 
As @jrassy said in #6.
Sub contractor signs and dates a copy of the safety regulations that he has read them. He then has a copy for all his men to read and sign before they can be on site. Anyone not following the regulations is removed from the site and is not allowed to return without a meeting with the offender, his supervisor, the subcontractor and yourself. At the end of the meeting all parties sign and date a letter of the counseling and the offense that has a statement to what will happen in the event of another violation.
It's business and serious injuries and deaths happen. I'd rather my neighbor have all his limbs and alive than him being my friend because he wants to be a jackass on the job.

I need to put my big boy pants on and kick the sub off the job. Halfway through the project we made them do a mandatory Fall Protection training, nobody back on the site without it, 3 strike policy, then kicked off the job and fined $1000 every day until retraining occurred.

After I gave the company their first strike, it became obvious their foreman and maybe even the owner of the company wanted to get kicked off the job. Rather than go to my boss and say "We need to find a new company to do this scope of work" and put my foot down about it, he tried motivational talks with the foreman and a bunch of other small valley kumbaya bs. And a lot of their employees didn't seem to care about falling either. I kinda got desensitized to it.

As I type this I'm am embarrassed, this should be a story of how not to protect your company. Its not over, so I'm hesitant to share more details. They will probably be off the job within a week, based on a meeting I had with my boss on Friday.
 
Yeah, I spent almost a decade as an ag millwright, working with massive shit way in the air, huge picks, tons of voltage, massive powerful equipment, etc, one of the most dangerous professions in the world statistically, and nobody ever thought OSHA was a positive thing.

I just didn't feel like arguing with anyone this morning, but I'm glad you did. OSHA is a waste of oxygen, and so are 98% of safety regulations worldwide.
Millwrights

"We Can Handle It"
 
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As I type this I'm am embarrassed, this should be a story of how not to protect your company. Its not over, so I'm hesitant to share more details. They will probably be off the job within a week, based on a meeting I had with my boss on Friday.
Some of the best lessons come from situations like this, believe you me I've learned quite a few the hard way because no one does chaos management perfectly.

A few years ago our company had to hire sub-installers and in the pre-install meeting their owner assured us they'd done this type of work before, there wouldn't be any problems, yada yada.

Fast forward to the first week they're on the job and they were already fucking up the cabinet lay outs, then the countertop lay outs, and each time I'd corrected them I thought we'd be good to go. I let it fester. It all came to head when I walk into a classroom and discover they were using improper joint adhesive in the countertop seams so I fired them on the spot with the GC and owner rep present. In hindsight it should've been done long before it got to that point and it became a lesson learned, one of many on that particular job.
 
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Document the shit out of it, have a pm hold a check even if necessary, if it has to be litigated in front of osha board have all your proof, document daily . CYA
 
Yeah, I spent almost a decade as an ag millwright, working with massive shit way in the air, huge picks, tons of voltage, massive powerful equipment, etc, one of the most dangerous professions in the world statistically, and nobody ever thought OSHA was a positive thing.

I just didn't feel like arguing with anyone this morning, but I'm glad you did. OSHA is a waste of oxygen, and so are 98% of safety regulations worldwide.
We had a guy die at the shop. He was massively overweight and had all kinds of health problems. Osha fined us because of trace amounts of the chemicals we work with we're in his system. No shit. Anyone that walks in the door is slightly contaminated not to mention splashing some on your skin cleaning your equipmemt. Total bullshit. And the cunt that came from osha was a total land whale on top of it. I would bet a years pay she was a raging liberal looking for a reason to use the force of gov.
 
Folks that work for a living will disagree.

Watching videos of shit being done in 3rd world countries is a great example of why Osha isn't a bad thing. I've done some stupid ass shit when I was younger because I was told to do it by the boss and didn't know any better.
 
Watching videos of shit being done in 3rd world countries is a great example of why Osha isn't a bad thing. I've done some stupid ass shit when I was younger because I was told to do it by the boss and didn't know any better.
Life has different value in other countries.

You suggesting that the reason that we don't tie ladders together is because we have OSHA is ridiculous.

Maybe we should force OSHA on other countries the way we do "democracy". We could send them in with some troops. We could "make" them safe.

The globalists would be so proud.
 
Watching videos of shit being done in 3rd world countries is a great example of why Osha isn't a bad thing. I've done some stupid ass shit when I was younger because I was told to do it by the boss and didn't know any better.
So because you didnt have the balls to tell your boss to pound sand you think businesses should be fined out of existence for minor infractions? I bet you love paying traffic tickets also
 
So because you didnt have the balls to tell your boss to pound sand you think businesses should be fined out of existence for minor infractions? I bet you love paying traffic tickets also
Clearly these OSHA fanboys have never actually dealt with them. Anyone who has wouldn't call them anything but a joke.

For those who don't know, they give one of these clowns about 2 weeks of training and deploy them onto the world to go forth and collect $$$ for their government overlords. They get to decide whether to fine you or give you a warning. Then they get to decide whether to fine you $500 or $50k, just based on how they are feeling today. These people aren't from the industry and have no idea how anything works. I have encountered a few exceptions, but mostly they are fucking idiots. That can sometimes work in your favor since they don't even understand the regulations they are attempting to enforce. Typical .gov shit.
 
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As one ironworker told me, "we work with erections."
There's a steel erection company somewhere in the mid-west, (I can't remember where) called "massive erections".

There's also a towing company in Southern Kentucky called "snatch masters".
 
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I have been a proj supt. Some retail establishments. A lot of new schools. Some industrial, residential. The company I worked at the longest had weekly safety meetings. You had to read and sign the safety log on Fridays to get your check.

One time, I broke a finger on the job. The company paid for the doctor visit. And had me fill out a company document to determine how the accident happened and what could be done to prevent that, i.e., you brought this on, how do you avoid it?

I had not made a big production out of it and kept working. At lunch, my finger was swelling and it was suggested that I go to the doctor. I had broken the bone, still in place, the finger tip of the middle finger on my left hand.

The Primacare place drained the fluid (that hurt a lot.) Then put on a splint. Which was cool. I could tell people I hurt a finger and then show them middle finger by itself.

Now, the reason for safety is so that people make it home alive. But there are secondary issues to worry about.

I work for an electrical contractor. We have to be safe. Because we do some commercial specialty projects, we are insured for 5M.

If our work causes a fire or even injury, the insurance company will pay the claim. And then either raise our rate so much that we cannot economically compete in the market, or drop us altogether. Either result would cause our small company to close.

So, it is also good business sense to be safe.

But some safety people have some stupid observations.

I was working on a building in the Hall Office Park in Frisco, (Texas.) An all concrete structure. I was in the main electric room needing to hang some anchors on the ceiling. Because I was on an 8 foot ladder, I was supposed to have my safety harness tied off.

"Tied off to what, exactly?" I asked.

He had no answer and was quite smug about it and we had to politely wait for him to go away.

On that job, minor offenses got you exactly one warning. Other infractions and you were off the job immediately. I don't mean go and wait by the car of the friend you rode with. I mean walk yourself and your stuff off the job. Austin Construction Group. They will never answer why they did not design a concrete structure without tie off loops built into it.
 
I have been a proj supt. Some retail establishments. A lot of new schools. Some industrial, residential. The company I worked at the longest had weekly safety meetings. You had to read and sign the safety log on Fridays to get your check.

One time, I broke a finger on the job. The company paid for the doctor visit. And had me fill out a company document to determine how the accident happened and what could be done to prevent that, i.e., you brought this on, how do you avoid it?

I had not made a big production out of it and kept working. At lunch, my finger was swelling and it was suggested that I go to the doctor. I had broken the bone, still in place, the finger tip of the middle finger on my left hand.

The Primacare place drained the fluid (that hurt a lot.) Then put on a splint. Which was cool. I could tell people I hurt a finger and then show them middle finger by itself.

Now, the reason for safety is so that people make it home alive. But there are secondary issues to worry about.

I work for an electrical contractor. We have to be safe. Because we do some commercial specialty projects, we are insured for 5M.

If our work causes a fire or even injury, the insurance company will pay the claim. And then either raise our rate so much that we cannot economically compete in the market, or drop us altogether. Either result would cause our small company to close.

So, it is also good business sense to be safe.

But some safety people have some stupid observations.

I was working on a building in the Hall Office Park in Frisco, (Texas.) An all concrete structure. I was in the main electric room needing to hang some anchors on the ceiling. Because I was on an 8 foot ladder, I was supposed to have my safety harness tied off.

"Tied off to what, exactly?" I asked.

He had no answer and was quite smug about it and we had to politely wait for him to go away.

On that job, minor offenses got you exactly one warning. Other infractions and you were off the job immediately. I don't mean go and wait for the car of the friend you rode with. I mean walk yourself and your stuff off the job. Austin Construction Group. They will never answer why they did not design a concrete structure without tie off loops built into it.
I've been on those jobs. I was on one once where they walked people off the job for getting caught without your gloves or your clears on. Even for a second. Like if you got caught taking your glove off to scratch your face or something, gone.

It was a split union/non-union job. Of course the safety guys were union, so they were on the warpath. A bunch of goofy little chumps who couldn't work for a living so they became safety guys. There was a lot of friction coming from the union dorks, (writing in the shitters, yelling shit, and finally the inflatable rat). I drug up after a few months, just tired of the bullshit. I was making $58/hr welding food grade stainless pipe, and their safety regs were so damn dumb, that I was probably actually welding 3 hours a day out of 10 hours. Many years ago.
 
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So because you didnt have the balls to tell your boss to pound sand you think businesses should be fined out of existence for minor infractions? I bet you love paying traffic tickets also

Some people are strong enough to not be exploited, but exploitation happens all the time. Also, what exploitation is morally acceptable, and what exploitation isn't?

Is OSHA the solution? Fuck no. Do I have the balls to walk away from an industry where I have to play by OSHA's rules. No.

M4, I agree with the principles you talk about. If I kick the sub off the job, he'll probably continue to exploit his workers. At what point is it not my turn to give a shit, and at what point am I complicit.
 
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Some people are strong enough to not be exploited, but exploitation happens all the time. Also, what exploitation is morally acceptable, and what exploitation isn't?

Is OSHA the solution? Fuck no. Do I have the balls to walk away from an industry where I have to play by OSHA's rules. No.

M4, I agree with the principles you talk about. If I kick the sub off the job, he'll probably continue to exploit his workers. At what point is it not my turn to give a shit, and at what point am I complicit.
If illegals want to work for $100/ day, it's not exploitation, it's business, and it's not my concern. The American worker has become a lazy piece of entitled shit, generally speaking, and illegals are doing quite a but of the shittier work. I don't care what deals they make.

If you think I'm wrong, you haven't been responsible for hiring employees in the last decade.
 
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Keep it simple, stupid...

Agreed. I love the scene from Moneyball below; Band-Aid Mantra.

Why did I make a post about it, then? Firing the sub doesn't make the jobsite automatically safe. Maybe, I'm having a pause about my role in how something unsafe went on for so long, and how I want to go forward as a better super at a GC.

 
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Life has different value in other countries.

You suggesting that the reason that we don't tie ladders together is because we have OSHA is ridiculous.

Maybe we should force OSHA on other countries the way we do "democracy". We could send them in with some troops. We could "make" them safe.

The globalists would be so proud.

We are trying every day…. From trying to teach Afghans not to shit in their drinking water to trying to shut these guys down.



Then again, starving people do what they gotta do.

Yeah, life is cheap elsewhere. One of the reasons they strap on Semtex tuxedos and run into Hiltons with a promise of paradise after the earth-shattering kaboom. Anything is better than living in a shithole.

Sirhr
 
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We are trying every day…. From trying to teach Afghans not to shit in their drinking water to trying to shut these guys down.



Then again, starving people do what they gotta do.

Yeah, life is cheap elsewhere. One of the reasons they strap on Semtex tuxedos and run into Hiltons with a promise of paradise after the earth-shattering kaboom. Anything is better than living in a shithole.

Sirhr

You let them shit in that drinking water sir.

Don't whitewash their culture the way we did other indigenous cultures. Next thing you know we will be trying to stop the rampant incestuous pedophilia, you know like conquerors.
 
Agreed. I love the scene from Moneyball below; Band-Aid Mantra.

Why did I make a post about it, then? Firing the sub doesn't make the jobsite automatically safe. Maybe, I'm having a pause about my role in how something unsafe went on for so long, and how I want to go forward as a better GC.



My guy, get a hold of yourself. This isn't an existential crisis, it's a POS sub doing POS sub things, deal with it accordingly per your contract. Firing him won't make the job completely safe but it will make it safer than if you just let him keep on keeping on.
 
Hehe, did I say I was a superintendent? I'm a [project*] engineer by trade, I tend to overthink everything. Maybe its my lack of a traditional fat... ;)

*ETA: I don't have a degree, much less in engineering.
 
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So because you didnt have the balls to tell your boss to pound sand you think businesses should be fined out of existence for minor infractions? I bet you love paying traffic tickets also

Most people don't have the balls when you're younger and don't know any better. There was a time where people respected their boss and didn't think they would put them in harms way. We were all young and dumb at one point in time. Well, except for some of the hide experts 😂
 
If illegals want to work for $100/ day, it's not exploitation, it's business, and it's not my concern. The American worker has become a lazy piece of entitled shit, generally speaking, and illegals are doing quite a but of the shittier work. I don't care what deals they make.

If you think I'm wrong, you haven't been responsible for hiring employees in the last decade.


Oh look, a fan of hiring illegals because you don't want to pay a decent wage😂😂😂 I see why you don't like OSHA.
 
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