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TedtheBear
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Employers & the use of oxygen
« on: Jun 7th, 2007, 9:21am » |
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Hello! I have a question that I hope someone may be able to help out. I live in CA & am trying to find out the legalities regarding “transporting supplemental oxygen & using it in the work place”. I'm checking into the legalities regarding "the use of supplemental (portable E tank with non-rebreather mask) oxygen in the work place. Got some good info showing how the 10th Circuit Court ruled in favor of the ADA for an employee who got fired. Checking into Cal-Osha regulations & D.O.T. I need to be fully armed with documentation. I'm able to use O2 where I work for when I get hit. I'm responding to it at the time, but had to increase to 15 lpm for 20 min. Haven't tried the Zolmi spray (prescribed by my Dr.) in conjunction with it as yet. I'm ramping up! More severe, more often. Fortunately I’ve been close to the workplace & caught them at the onset. So, I'm having to deal with not being able to have my O2 at the onset every time. That sucks! Don't you think that my treatment is being hindered? More bad news! My boss told me that I wouldn't be able to carry it with me while using the company vehicle (Ford E350 van) with clients. She "feels" that it is unsafe. She thinks that O2 could be a liability issue. She hasn't "really" checked into it, nor has she asked her boss (that could have it's own consequences & I'm trying to be wise by keeping a low profile-after all I am “permitted” to have it in the building. My boss is like a weather vane- South today, North tomorrow-know what I mean? Now she's saying that it can't be used at my work station because it might appear "strange" or "unacceptable" to any of the Regional Center personnel (I work with developmentally disabled adults) entering the work place. "Just think how that would look". Yesterday, I got hit BAD while out getting the van serviced. It was B/S having to wait till I got back to the work place & then still not being able to use it right away because I had to leave the building. I'd greatly appreciate any info you might have to enlighten me (& my boss).
Thanks,
Ted
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Linda_Howell
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Re: Employers & the use of oxygen
« Reply #1 on: Jun 7th, 2007, 4:59pm » |
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Paragraphs Ted. Paragraphs. 
Can anyone else help my California friend here. Bob Johnson perhaps?
Linda
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BlueMeanie
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Re: Employers & the use of oxygen
« Reply #2 on: Jun 7th, 2007, 5:27pm » |
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I don't have a clue as far as a law requiring them to let you drive around with 02. I would guess that it WOULD be an insurance liability issue for a company to allow it (in a vehicle).
Have you tried Triptans to abort instead. There are several types that are used for CH's. I prefer Imitrex. It's fast and painless and (for me), the best abortive around. (check with your doc before using). If it works, usually it'll get you back to work within 15 minutes.
Good Luck
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TedtheBear
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Re: Employers & the use of oxygen
« Reply #3 on: Jun 7th, 2007, 8:01pm » |
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@ Linda. Sorry about that . I was late getting out the door this a.m. and was still a bit fuzzy. I wanted to get the message out because I'm trying to wrap this thing up a.s.a.p.
Hey! A PF day, wow! Soaking it up!
@ BlueMenie. Meds don't help AT ALL!!! It's a wonder that the O2 does.
I'm still checking out D.O.T. & Cal-Osha. Called Public Transportation & they don't have a problem with somone bringing a portable on board. I'm thinking that all this is subjectivity, ignorance and/or prejudice.
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BMoneeTheMoneeMan
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Re: Employers & the use of oxygen
« Reply #4 on: Jun 7th, 2007, 10:09pm » |
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I am not sure, but i think that Cali would allow this under law. Obviously, you cant have it if you work in a smelting plant or something, or cooking food in a restaurant. But in general, i think it is law that you are allowed to have or use medication as long as you use them according to the script, and use them in a place designated by your work place.
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Guiseppi
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Re: Employers & the use of oxygen
« Reply #5 on: Jun 8th, 2007, 11:56am » |
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Hmmm....Guiseppi did a little research. I've been carrying one in a cruiser, on duty, for many many years. The dispatchers are used to my MDC messages saying I'll be off the screen for 15 minutes or so!
Now granted we don't normally cite each other,  but I've never been cited for it! I can't find anything in the vehicle code for California that regulates the carrying of or use of oxygen. My only concern would be some obscure federal entity that might regulate it. As far as the work place I've always had great supervisors who understand the condition enough that they've worked with me.
As far as the employment laws I'm clueless, sorry!
Guiseppi
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TedtheBear
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Re: Employers & the use of oxygen
« Reply #6 on: Jun 9th, 2007, 7:10pm » |
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Thanks folks, I've gathered enough material for a decent argument. I then had a talk with my boss asking her to give me "hard evidence" to back up her "opinions". It was as I figured-subjectivity, ignorance, prejudice. So, unless somone or something "pops up" stating otherwise, it's a green light. WHEW!!!
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Guiseppi
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Re: Employers & the use of oxygen
« Reply #7 on: Jun 9th, 2007, 8:10pm » |
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Hooray Ted........persistence pays off another 02'er wins!!!
Guiseppi
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thebbz
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Re: Employers & the use of oxygen
« Reply #8 on: Jun 10th, 2007, 12:04am » |
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As far as I know the only thing that hasn't been mentioned is a Oxygen in use sign for the fire department. This would be posted somewhere. Call the local fire department they will be happy to advise. Should a fire happen the firefighters need to know there are oxidizers in the vicinity.
all the best TTB
jb
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TedtheBear
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Re: Employers & the use of oxygen
« Reply #9 on: Jun 10th, 2007, 12:47am » |
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on Jun 10th, 2007, 12:04am, thebbz wrote:As far as I know the only thing that hasn't been mentioned is a Oxygen in use sign for the fire department. This would be posted somewhere. Call the local fire department they will be happy to advise. Should a fire happen the firefighters need to know there are oxidizers in the vicinity.
all the best TTB
jb |
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Already taken care of, but thanks for the reminder.
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thebbz
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Re: Employers & the use of oxygen
« Reply #10 on: Jun 10th, 2007, 1:50pm » |
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Right on Ted, hope your doing better!!
jb
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