Are Georgia School employees exempt form OSHA? If so do they have any protection from occupational hazzards or diseases? How about the children?

No one is exempt from OSHA, but OSHA does not offer as broad a protection as you appear to think. What forms of occupational hazards are you thinking of?

I am a teacher's aide at school and our gym is very old. In the basement it is damp and musty. Occasionally we have to go down there to get a desk or something that is stored there. It is very bad for allergies for one thing. A lot of students have asthma and allergies. We have snakes that bed in there and come out in the spring. They come out through the bleachers.

If a student gets sick and vomits it is usually at lunch and they have it in their plate and dripping down the table on other children.

The janitor sprinkles some kind of dry chemicals on it and it give off a terrible odor that can be smelled all over the cafeteria.

When school begins in late July or early August the heat is horrific. The students have to sit in the sun at parent pick up and they are pouring sweat.
So are the employees.

I worry about chemicals that I have to put in copy machines.

When we load buses they are three rows wide and about 6 buses long. The exhaust is about chest level depending on how tall a person is. It is stiffling.

One day I came behind the bus as I do everyday and a puff of exhaust came out as soon as I breathed in. I could taste gas fumes all evening.

Our Superintendent says we are not "under" OSHA. I was wondering is some type of organization looks out for the employee and students safety.

Are you in a union? If so, does your contract address these issues?

I'm honestly not sure that any of the issues you raise would be covered by OSHA.

I am a teacher's aide at school and our gym is very old. In the basement it is damp and musty. Occasionally we have to go down there to get a desk or something that is stored there. It is very bad for allergies for one thing. A lot of students have asthma and allergies. We have snakes that bed in there and come out in the spring. They come out through the bleachers.

If a student gets sick and vomits it is usually at lunch and they have it in their plate and dripping down the table on other children.

The janitor sprinkles some kind of dry chemicals on it and it give off a terrible odor that can be smelled all over the cafeteria.

When school begins in late July or early August the heat is horrific. The students have to sit in the sun at parent pick up and they are pouring sweat.
So are the employees.

I worry about chemicals that I have to put in copy machines.

When we load buses they are three rows wide and about 6 buses long. The exhaust is about chest level depending on how tall a person is. It is stiffling.

One day I came behind the bus as I do everyday and a puff of exhaust came out as soon as I breathed in. I could taste gas fumes all evening.

Our Superintendent says we are not "under" OSHA. I was wondering is some type of organization looks out for the employee and students safety.

You can check out the OSHA site www.osha.gov

The Superintendent probably said that you are not under OSHA because they are usually related to electrocution, falls, heavy machinery and other mostly construction type protections.

I have to admit though, the things you describe are encounterable everywhere in most of our lives.

I work for a school system and none of these things would be prevented by OSHA. School systems are not exempt from OSHA safety requirements but are exempt from certain OSHA reporting requirements. BIG difference.

The conditions in the old gym and storage area may be a violation of local health codes. If these areas are not regularly acessed by students and staff, they may be exempt, but that would depend on your local regulations.

First of all, the kiddos should not be throwing up on a regular enough basis for this to be an issue, but if they do, then yes, there are chemicals that are often put down to make cleaning up the hazard safer for the janitorial staff. Not only is it not a violation to do this, it is part of compliance.

Being outside for a short period of time waiting for parents to arrive is not a violation either. The kids go outside for recess and gym class and to play afterschool. How is this any different? Shade is best if possible but OSHA doesn't require you to plant trees or build a cover to keep the kids out of the sun.

Any reason you worry about copiers? Your district should have Material Safety Data Sheets on file if you have a specific concern, or you could contact the manufacturer. In general, these are safe and not reason for concern, particularly since you aren't coming in direct contact with any of the chemicals as they are sealed in toner cartridges and the like.

Not pleasant but not illegal either. Sucking diesel exhaust all day long might be problematic but the 30 seconds it takes to walk down the aisle to the bus is not going to be harmful.

Technically, the superintendant is correct that the school is not "under" OSHA.

See http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=20122

However, States have their own agencies that administer similar work place safety rules and these would apply to the school. In Georgia, that would be the Department of Labor, but their web site is not very user friendly.

Thanks a bunch everyone! I worked as a paraprofessional for 18 years. I always had excellent evaluations. I have bent over backwards to help at school. I worked festivals, fundraisers, etc. to help out. I have never been called to the office for complaints, never had any complaints form students, parents, teacher I've worked for.

This past August 2005 when I wanted to come back to work after surgery is of the policy when I encountered the problem with my principal and personn el director/assistant superintendent. They said no it was against school policy. I ask for a copy of the policy and was told there was no policy it was an administrative decision.

So while I was sitting at home I started surfing the net. I looked up the ADA and then the US Dept. of Education. I found the Non Regulatory Guidance for paraprofessionals and studied and researched it.

I was doing job duties they were not on it such as substituting when teachers were out. I don't have a problem with that but, I was told I was paid with Title I Part A Funds.

Since my administrators were so picky about my "disability" I thought I would ask about their accounting.

I asked when parapros substituted for teachers did their pay come from Title I Part A Federal Funds or local funds budgeted for subs.

Each person I ask just looked at me and never gave me a straight answer.

In May 2006 the parapros were asked to sign a form saying their work was 100% Title I Part A. I didn't sign because I thought it was illegal since my job duties covered other duties.

Finally this summer the assist. Super. said he but would find out.about the sub pay.
The lady over Federal Funds ( at the county office) sent word to my principal to tell me when I picked up my July 2006 check that we were paid the same.

When school started a week later I could do nothing right. I was called to the office and given an Employee Confidential Directive". That contained false accusations and exagerations.

Two days later I was called to the Superintendent's Office where I was told what a terrible employee I was. She threatened to fire me several times and the list goes on.

My feelings were hurt so bad I started crying and couldn't talk. I was embarassed and felt humuliated. I was so shocked that it didn't occur to me to get up an leave.

I wasn't allowed to have anyone as a witness with me but they sure did. I was about a five or 10 minute notice before each meeting.

I was called to the office again a week later and I refused to go unless I could have a witness.

The Super called and said for me to come to her office and I said not without a witness. She said I didn't have that right. I said I was reporting her to the professional standard Comission. She the said whom did I want to bring. I told her my husband or brother - in- law and she said that wouldn't be necessary she was coming to school. I got off the phone and was sick and very scared. I went to the assistant principal and told him I was going to the doctor. I signed out and left. That evening the principal and the School Resource office came to my house to deliver my terminiation effiective immediately and not to be at the school at anytime.

My name was put in the local paper and no reason was given for my firing.

When I filed for unemployment they had to give a reason. I appealed and requested an in person hearing.

I need everybody's help with this. I haven't been sent a hearing date yet. I can have some type of free legal service, have documents and witnesses subpoeneaed. I don't want to over do but I don't want to lose because I'm not prepared.

I plan to appeal to the review board if I lose this appeal.

Thanks everyone

When I filed for unemployment they had to give a reason. I appealed and requested an in person hearing.

I need everybody's help with this. I haven't been sent a hearing date yet. I can have some type of free legal service, have documents and witnesses subpoeneaed. I don't want to over do but I don't want to lose because I'm not prepared.

I plan to appeal to the review board if I lose this appeal.

Thanks everyone

Um, are you saying you were denied unemployment? And that you want to appeal that decision?

And what does this have to do with OSHA requirements?

Sorry,

Everyone was so great about answering my OSHA questions I just thought I might tell you my story.

Since I have been fired I can tell, check on, and report a lot of things that I always thought might be illegal without worrying about losing my job as long as I tell the truth.

Besides I have told my story so many times I could recite it in my sleep.

What does any of this have to do with OSHA?? Now I'm truly lost.

As for your other issues, I'm not seeing anything illegal there either. So long as you meet the requiremens for a substitute teacher in your state/district, you can be asked to fill in. This is very very common. The only thing it *might* be a breach of is your CBA, but I'd be very surprised if that were the case. If so,then you need to take it up with your union.

I am not sure why what budget your pay comes from matters to you but it doesn't change the answer. Title I funds pay for most of the paraprofessional positions in schools. It isn't like there is a separate pool for these funds usually, it just gets worked into the budget though Title I funds may be the primary source. I'm not surprised most of those you asked couldn't answer your question. Accounting would know, but most others have no idea what fund or budget most expenses come from. That would probably be true in most businesses and organizations.

Asking what budget you are paid from is not a legally protected activity that would provide you protection as a "whistleblower" or anything else. I have no idea why you were treated differently. Even if it was resentment over your question, it wouldn't be illegal.

The only time you are guaranteed to be permitted to have a witness in meetings is when it is an investigation meeting where discipline mayt result. Your CBA *may* provide other times when a union rep is permitted but that would be an internal matter. None of what you describe would fall under such a meeting, and your employer doesn't have to permit family members to be part of any meeting. Leaving when the superintendent says they are on the way to meet with you and claiming you are sick is a grand way to get yourself terminated or at least in trouble. So is flat out refusing to meet. If you felt the meetings were improper you should have contacted the union, not just refused to attend then ducked out on false pretenses.

I have no idea why your name was in the paper. I also don't know what your employer listed as the reason for separation on the UC form. Or what you put for that matter.

ElleMD,

In case you didn't notice I posted on the wrong board or forum. I made an honest mistake and am willing to try to correct it or ask for help correcting it. I have e-mailed the Labor Law Talk Board to see if they can straighten this out. I didn't mean to upset you so much. These message boards are new to me and today is my first day to post.

Please check out this link and tell me where Title I Part A Money is designated for parapros to be used as substitute teachers. According to what I'm reading Paraprofessionals are to be used as instructional aides under the direct supervision of teachers. If this money or parapros is being used any other way it might be illegal. I not a lawyer so I don't know.


http://www.ed.gov/policy/elsec/guid/paraguidance.pdf

What is your job in your school system? Do you work in Georgia? What is a CBA? I'm not a member of a union. Our parapros have never heard the word mentioned. I'm just a plain ole "at will employee" that asked a question I thought I could have an answer to. My principal and assistant principal both have administrative degrees. If accounting isn't in their curricilumn it should. I'm just a 2nd grade parapro and I know when revenue comes in from the state it should be allocated to it's budgeted accounts. I also have enough sense to know that when my payroll check is written it is a credit to cash eventually and a debit to salaries and wages paraprofessionals. You can't just put Federal and State money in one account with other funds namely local tax dollars and write it out for anything.

I thought NCLB covered higly qualified teachers and administrators the same as paraprofessionals. The reason I never got an answer is in my opinion I stumbled on to something.

As far back as I can trace my ancestors were born and raised in this state and county. They paid their school tax and so do I. I think this entitles me to answers about the school board budget.

I have contacted the Atlanta news whistleblowers about this matter. If you would give the name of your school maybe we could use it as a model since your accounting is done correctly.

Please watch what you are saying about my sickness. It sounds a little like defamation, libel since it is in writing.

I called the doctor and made an appointment. Have you ever heard of "Fight or Flight"? Panic Attacks? or maybe anxiety? I have my doctor notes. I didn't make this up and I hope no one ever experiences these feelings. If you have put 18 years into a job and lose all those years, benefits, insurance, retirement you might experience a panic attack. I can assure they are not very plesant.

I think my superintendent might have had one when I told her I was bring my brother - in - law, who is by the way the Chief Magistrate Judge for this county. He's my husband's brother and she knew it. That's why she changed her mind and decided to come to me.

Once again I am sorry for posting in the wrong section. I'll try not to do it again.

I don't see where Elle said anything that was defamatory or libelous. If you think you see something, perhaps you don't fully understand what is meant by such things.

No, I am not providing my title nor where I work as this is a public bulletin board and it is not safe for anyone to do so here. There is a reason the moderator forbids posting the name of the employer and personal identifying information. You can choose not to believe me if you wish, that is your perogative but you did write here looking for advice and I'm willing to provide it. Take it or leave it, makes no difference to me. BTW, threatening me with a libel suit that is clearly meritless is not a good way to encourage responses. You are way off base.

Nothing in NCLB forbids paraprofessional from filling in as substitutes as needed. If you read the first section of the document you attached, it clearly explains that an increase in the instructional duties is part of the reason for the increases requirements. It is not a misuse of funds to have you perform these duties. Sorry, but it just isn't.

Whether you think administrators should be required to know more about the accounting practices of the system as a whole is simply your opinion. Every single school system that receives government funds is subject to an annual audit of those funds and the audit reports are public information, as is the case with any government funds. If the funds were being used inappropriately, the auditors would know it. That doesn't mean every employee in the system has the budget committed to memory. I can almost guarantee to you that your school board budget is also public. It is probably presented at a school board meeting each year.

Yes, I am familiar with panic attacks as a few other posters could vouch for. It still doesn't excuse leaving as you did or refusing to meet as requested all the times that you did. If you were ill a simple call back to say you were unable to meet would have probably gone a long way toward demonstrating good will. You also never mentioned that you had a panic atack until this last post.

It doesn't matter if your brother in law is Chief Justice of the Supreme Court. Your superintendent does not have to meet with him. Sorry. She might have figured it wasn't worth the hassle to argue with you. She might have been mistaken about what the rules were. She might have decided to discuss it in person rather than argue over the phone. I have no idea as I am not her. It still doesn't change the fact that employers do not have to meet with family members of employees over employment matters.

Honestly, your posts come across as trying to find some sort of excuse or something to use as a "get out of jail free card". Sorry, but I'm just not seein git. You are free to take all the details to an attorney in your area if you like and pay them for a consultation. As for free advice you asked for on-line, you get what you get.

For the record, if Elle had provided her title and where she worked, I would have deleted it.

I think this thread has gone far enough. I'm not locking your other threads; if you have additional questions you are free to use one of them to ask them. But this one has gone beyond the limit I permit.