The Big O

Now that I have your attention, I'd like to talk about following the rules.

I’ve always been a big rule follower. 

Teachers (from my short lived experience) typically are. “If I just follow the rules, I’ll have no trouble.” 

As a student and daughter, I was most certainly a rule follower. 

But as I’ve grown and gotten a little older, I’ve been questioning some of the rules.

There’s a government agency in town. Because I’ll probably get flagged online easily, I’ll call them O. Starts with the sounds “Oh, damn- not these guys” and “Shaaaa- ittt... they’re here.”

You know. 

them...

They’re in Batesville now, and they’re nailing residential contractors.

And honestly, it’s killing me.

I’m a big softy for some of “our guys” - contractors who frequent our establishment. They carry similar values in faith and family and work ethic. They carry similar legacies of business, a longstanding tradition of good work and hard work; they helped build our town and continue make wildly amazing improvements for our community. You know the kind.

Some of them are down right sweet old guys who just are tickled to put your screen door on. (I don’t get it- but I love them for their spirit.)

O is in town and has fined 4 of “our guys” - my customers, my friends, my people - in under 16 days. And the fines have all been very similar in dollar amount, but varied in what was written up.

These contractors are not big corps. 

They drive an okay truck, wear dirty shoes, and have kids to feed or medical bills to pay or a son to send off to college or a daughter’s dream wedding dress to pay for. 

Real people.

Real good people.

And they come in beat down wondering how they’ll pay the $2,000 fine. For some, it could be time to wrap it up. Throw in the towel. Maybe get a factory job for a couple years before retirement. Then with maybe just dust in their eyes, they say they thought they were okay. 

"Did having a fire extinguisher a size too small really equate to a $1,500 fine?" (And I've searched their website and no where can the fines be really broken down or understood. Please advise me if you find it.)

These guys have had no workman's comp claims in over 26/60/19 (whatever substantial number) years of business.

No late payments on insurance to tip them off.

No nothing.

However, most of the guys say that, $2,000, $3,000 (ish) stings, but they’ll pay it because they “don’t want any trouble.”

And that strikes me.

Much too hard.

I student taught at Shelbyville Middle School where we had a guest speaker come in for just the teachers. She was a Holocaust survivor.

Her story was gruesome and powerful, but I will always remember one of the questions asked and her answer:

Why did you get on the cattle cars? 

Her response: We didn’t want any trouble.

But then she elaborated and this part has stayed with me:

She said that we all think that the “government” came in and ripped people out of their homes and shoved them into cattle cars to take them to their death.

She said that couldn’t be more misunderstood. We couldn't be more wrong.

She said it started with “just carry these papers with you… just put this flyer in your storefront… just wear this badge… we can’t sell this or that to you right now as we aren't sure if you are a threat…. we need you to come here and stay for a while… we need you to get on this cattle car.” It was years (YEARS) of small small seemingly little nothings that aren’t big things, things that we all do because “that’s the way it is” … or “we don’t want any trouble.”

Obviously the Holocaust is nothing compared to an O fine or an O inspection. 

But...

 a government agency coming in - nosing about - taking your money - taking your time - changing your routine - not explaining to you why or how it equates - coming in in an unmarked vehicle without permission from a home owner - and then you showing compliance for things that really don’t make sense because you're not BIG like them… seems a little… well...what she said. 

Fast forward to my own classroom when I asked a group of seniors in one of my speech classes if laws should ever be broken. Right away, a bunch of heads were shaking no (even the almost 18 year old jock who we all know got hammered last weekend was shaking his head no.) I’m not saying I was the coolest teacher around, but I told them they could have a candid moment… when is breaking the law okay? It took them a second and they started with things like if you’re having a medical emergency and speeding to the hospital that would be ok. Right. What else?

…. Thoughts?

The Jim Crow laws were laws.

It was against the law to drink out of certain water fountains and it was against the law to sit in certain places. 

And though I’ve never heard them, I’m sure there’s too many stories that no one talks about of people who didn’t speak up for YEARS about those laws… why?

“We don’t want no trouble.”

People on both sides of the fence didn’t want to cause trouble, so they rolled on.

 The Great Debaters movie said it best:

“An unjust law, is no law at all.”

Circle back to O. (No pun intended). It’s not a Holocaust situation. It’s not the Jim Crow south situation.

But it’s a situation that started with good ideas and good intentions (to keep workers safe and healthy), but now it is majorly and wildly flawed and takes common sense completely out of the equation.

I’m not a lawyer by annyyy stretch, but I’ve scoured O’s website and here’s what I know for small business owners doing simple residential work or new construction private homes in small town America:

1.) The owner of the property has to give consent for the inspection. If I were a contractor, I would have the homeowner sign as part of their contract to not welcome them in without discussing it with you. (Note: “imminent and obvious danger” can be grounds to enter the site without permission. Interpret as you wish.)

2.) O can get a court ordered warrant. It’s a more lengthy process, and one I would certainly have them do. Send them through the hoops if that the game they want to play. And you will likely know they are hot on your tail, so you can have time to make adjustments - some maybe to improve your own practices, but likely some like go against common sense. 

3.) O can come on to your property and attempt to talk to you, but the homeowner has the right and ability to ask them to leave; the jobsite manager/owner of the contracting crew can ask them to not complete the inspection unless there is a warrant or to show them written proof of “imminent and obvious danger" (Not having a handrail when you are literally in the process of building the handrail is not “imminent and obvious danger.")

The short of it is when in doubt: Use your 4th Amendment right. You cannot search or take property (or even take pictures) when you do not have a warrant. 

There’s something bigger going on here... raiding a home of a former sitting President or raiding the jobsite of a little old man and his son changing out stair parts without a warrant are both becoming okay. 

Little by little by little by little....Because we don't want any trouble.

That's how they do it, folks.

Follow the money. Follow your gut. Follow common sense practices. 

But follow the rules?

That's up to you.

My best,

Samantha