Shootout at the Not-So-OK Corral.
February 9, 2012 3:44 AM Subscribe
Is an employer allowed to have pest control people in a grocery store, after hours, carrying bb guns and trying to shoot a trapped bird, while night shift employees are working?
For the past several months (yes, months), there has been a small bird trapped within the grocery store that I work for, in Ohio. Over the past few weeks, the pest control people that our management has hired, is roaming the store after closing time with bb guns, in an attempt to kill the bird. Last night there were 4 men, 2 of them with guns, attempting to outsmart the bird, and they were ultimately unsuccessful again, but they will be returning again tonight.
First of all, is this legal? Nobody has aimed a gun at me in a clumsy attempt to get the bird, but accidents do happen, and since there are a dozen or more people in all areas of the store at night, I wonder if we have a right to be concerned.
I live in Appalachian Ohio, so everybody talks about getting the "sumbitch", but so far, the one bird brain has outsmarted all the other bird brains.
Talking to management will be pointless, as they have been in the store themselves with guns, trying to kill the bird.
Any suggestions?
For the past several months (yes, months), there has been a small bird trapped within the grocery store that I work for, in Ohio. Over the past few weeks, the pest control people that our management has hired, is roaming the store after closing time with bb guns, in an attempt to kill the bird. Last night there were 4 men, 2 of them with guns, attempting to outsmart the bird, and they were ultimately unsuccessful again, but they will be returning again tonight.
First of all, is this legal? Nobody has aimed a gun at me in a clumsy attempt to get the bird, but accidents do happen, and since there are a dozen or more people in all areas of the store at night, I wonder if we have a right to be concerned.
I live in Appalachian Ohio, so everybody talks about getting the "sumbitch", but so far, the one bird brain has outsmarted all the other bird brains.
Talking to management will be pointless, as they have been in the store themselves with guns, trying to kill the bird.
Any suggestions?
Response by poster: I agree that it's terrible. It sickens me, to be honest.
posted by newfers at 4:13 AM on February 9, 2012
posted by newfers at 4:13 AM on February 9, 2012
When Queen Victoria, concerned at the numbers of sparrows nesting on the partly finished Crystal Palace, asked the Duke of Wellington for his advice on how to get rid of them, he replied, 'Sparrowhawks, ma'am'.
posted by three blind mice at 4:26 AM on February 9, 2012 [2 favorites]
posted by three blind mice at 4:26 AM on February 9, 2012 [2 favorites]
Normally I'd recomend checking with a lawyer, but if you don want to spend the money on a consultation (or don't HAVE the money!), could someone call the cops' NON-emergency number the next time this is happening? I'd also suggest it be an anonymous call, because I suspect any boss silly enough to come up with this indoor bird hunt around their employees would probably fire anyone who told the police about it.
posted by easily confused at 4:30 AM on February 9, 2012
posted by easily confused at 4:30 AM on February 9, 2012
Best answer: Relevant: http://www.youtube.com/watch?v=2XXegwmGmmI
Here is the OSHA guideline I recommend starting with if you want to raise a ruckus: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9778
I recommend wearing safety glasses to work and refusing to take them off if asked.
posted by michaelh at 4:50 AM on February 9, 2012 [5 favorites]
Here is the OSHA guideline I recommend starting with if you want to raise a ruckus: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9778
I recommend wearing safety glasses to work and refusing to take them off if asked.
posted by michaelh at 4:50 AM on February 9, 2012 [5 favorites]
Best answer: I work for PETA's Cruelty Investigations Department, and we get reports of this kind of thing weekly, at least, in the US. I can't speak to the legality of it as far as human welfare is concerned (sorry!), but I can say that, legally, this isn't considered animal cruelty, and it's sadly standard practice. I highly doubt there are restrictions against this vis a vis OSHA, simply because of how common it is.
(However, if you'd like to Memail me the contact information for your store, we can reach out and give humane bird exclusion tips to management - humane for the bird AND for the people inside!)
posted by srrh at 5:07 AM on February 9, 2012 [1 favorite]
(However, if you'd like to Memail me the contact information for your store, we can reach out and give humane bird exclusion tips to management - humane for the bird AND for the people inside!)
posted by srrh at 5:07 AM on February 9, 2012 [1 favorite]
Maybe a letter to the local paper? Or call an animal-friendly local group, and perhaps they would write a letter.
posted by Francolin at 5:17 AM on February 9, 2012 [1 favorite]
posted by Francolin at 5:17 AM on February 9, 2012 [1 favorite]
I'd tip off the cops and frame it as concern for the employees as opposed to concern for the bird. I doubt the police will ignore a complaint that involves a gun in any way. They'd look terrible if someone was hurt and they scoffed your concerns.
(Seriously though, if they want to get the bird out, turn off all of the lights inside while there is still sunlight outside and it will fly out of its own accord. If they don't want to do that during the day, do the same thing at night but put floodlights outside to imitate the sunlight.)
posted by 8dot3 at 5:42 AM on February 9, 2012 [4 favorites]
(Seriously though, if they want to get the bird out, turn off all of the lights inside while there is still sunlight outside and it will fly out of its own accord. If they don't want to do that during the day, do the same thing at night but put floodlights outside to imitate the sunlight.)
posted by 8dot3 at 5:42 AM on February 9, 2012 [4 favorites]
Unless you have a municipal ordinance banning the discharge of pellet guns inside city limits, this would be perfectly lawful conduct. In rural Ohio, it is pretty unlikely that air guns are regulated in any way. Calling the cops would likely draw them into determining the most effective method to hunt the bird.
posted by Lame_username at 5:47 AM on February 9, 2012
posted by Lame_username at 5:47 AM on February 9, 2012
I'd tip off the cops and frame it as concern for the employees as opposed to concern for the bird.
I like that. Have someone outside the store call 911 and say they were driving past and saw men with guns inside. That should get some attention.
posted by Thorzdad at 5:49 AM on February 9, 2012 [1 favorite]
I like that. Have someone outside the store call 911 and say they were driving past and saw men with guns inside. That should get some attention.
posted by Thorzdad at 5:49 AM on February 9, 2012 [1 favorite]
I like that. Have someone outside the store call 911 and say they were driving past and saw men with guns inside. That should get some attention.
Jesus Christ, do not do this. All you need is the cops to show up and shoot someone, not realizing it's just a BB gun.
Maybe suggest 8dot3's idea to your manager and frame is as a way to save some money. Obviously these pest control people aren't very effective.
posted by bondcliff at 5:52 AM on February 9, 2012 [11 favorites]
Jesus Christ, do not do this. All you need is the cops to show up and shoot someone, not realizing it's just a BB gun.
Maybe suggest 8dot3's idea to your manager and frame is as a way to save some money. Obviously these pest control people aren't very effective.
posted by bondcliff at 5:52 AM on February 9, 2012 [11 favorites]
I have used 8dot3's method to get rid of a bird that was in my apartment. You could suggest it to your bosses as being much more cost-effective than hiring a pest control company. Bosses like to save money.
posted by MexicanYenta at 6:20 AM on February 9, 2012
posted by MexicanYenta at 6:20 AM on February 9, 2012
Don't call the cops. Wear safety glasses.
posted by tehloki at 8:23 AM on February 9, 2012 [1 favorite]
posted by tehloki at 8:23 AM on February 9, 2012 [1 favorite]
At the risk of playing devil's advocate...
The term 'pick your battles' comes to mind. They're trying to solve a problem in an efficient, although dangerous, manner. The safety glasses are a good idea, as is having a lawyer on speed-dial if (when) something happens.
posted by chrisinseoul at 8:45 AM on February 9, 2012
The term 'pick your battles' comes to mind. They're trying to solve a problem in an efficient, although dangerous, manner. The safety glasses are a good idea, as is having a lawyer on speed-dial if (when) something happens.
posted by chrisinseoul at 8:45 AM on February 9, 2012
Saftey glasses. You are not going to convince anyone to spare the bird.
posted by spaltavian at 9:22 AM on February 9, 2012
posted by spaltavian at 9:22 AM on February 9, 2012
You could report this to OSHA! I would.
posted by mareli at 10:09 AM on February 9, 2012 [1 favorite]
posted by mareli at 10:09 AM on February 9, 2012 [1 favorite]
Response by poster: I probably should update this thread, since things ended on a happy note.
The bird was cornered, and captured safely, by an employee, and released from the store.
What a relief!
posted by newfers at 1:09 PM on April 23, 2012 [2 favorites]
The bird was cornered, and captured safely, by an employee, and released from the store.
What a relief!
posted by newfers at 1:09 PM on April 23, 2012 [2 favorites]
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posted by taff at 3:52 AM on February 9, 2012