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5 Self-Advocacy Tips

1/28/2014

 
From My Help Book BC

If possible, find someone with experience to help you with your issue. Check "Find an Advocate" at Povnet.org or find a lawyer via Law Society of BC. 


Disclaimer: these tips are meant for people in serious situations where their rights are being violated and who can’t find an advocate or lawyer. These tips don’t work if you are using them to be a bully, a petty tyrant, an abusive consumer, or to just to be a jerk. If you make a big issue out of a petty concern, to be vindictive, or because you are a prima donna, you will offend and alienate people around you. 

1. Act sooner rather than later: If you have an incident where you feel you’ve been treated unjustly by a company, employer, landlord or government body, act to resolve it as quickly as possible rather than waiting.     

2. Keep track: If a situation looks like it may become a legal problem, document everything: keep all potentially relevant papers, emails, photos; take notes on dates, names, titles, phone numbers (and extensions), and any other relevant information in case you need it later.    

3. Get accurate information: Find out what rules, regulations, rights, laws and governing bodies apply to your situation 

4. Go up the chain of authority as needed. If someone with less authority can’t resolve your issue find out who does have the authority to resolve it.

5. Decide when to act and when to let something go: Balance your need for justice with consideration of the impact a long or difficult dispute may have on your health or your family. Sometimes people may later feel that the battle was not worth the personal toll. Or sometimes people realize too late that they should have fought for their rights immediately because the long-term negative impacts for them were huge. 

Weigh the costs and benefits of taking action: If possible, get advice from experienced professionals as well as from wise and trusted personal contacts.

Example 1: A young labourer gets an injury on the job and is wrongly fired so he isn’t able to collect worker’s compensation. Several years later his injury is causing serious problems making it difficult for him to do physical labour. He realizes too late that he should have taken the injury more seriously at the time and fought the wrongful dismissal.

Example 2: A elderly retired businessman with poor health embarks on a court case over a business conflict. The battle takes several years and consumes his time and attention. He wins the case and even though he receives no financial compensation, he feels vindicated. But his long legal battle wore out his family. They felt he should have been enjoying his retirement years instead.

Helping natural community helpers

1/22/2014

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Who and what are natural community helpers? They are the people who other people seek out when they need help or advice. And if they don't have the answer to a problem, or aren't able to help, they likely know someone who can. They are a living storehouse of problem-solving, trouble-shooting information.

Unlike community leaders or professional helpers who are in the foreground of a community, natural helpers are part of the background. Their contributions are impossible to measure. Often it is only when they are gone that we can truly see what a crucial role they played in creating an 'abundant community'. In a world that is dominated by stories of violence and destruction, we overlook the millions of tiny kindnesses between family, friends, neighbors and strangers. 

There was one exceptional natural helper in Victoria who was a replacement mother, auntie and grandmother to dozens of people and multi-generations. For decades Dorothy Livingston's home served as an informal transition house and meeting place. Her unobtrusive generosity and non-judgmental wisdom was under-appreciated because she made it seem that her way of being was just the normal state of human behaviour. 

Of course technology has allowed new helpers to emerge in new places. Small gestures of digital help are different than local in-person help, but they are still significant. For example, look at the twitter timeline of Vancouver singer-songwriter Bif Naked and the website of Bernadette Russell's 366 Days of Kindness project. 

But distant online helpers can't actually come over when you are sick, bring you soup and tidy up; they can't help you move, give you a lift, or bring you food. Real life help cannot yet be replaced by digital help, not while we still have physical bodies, eat physical food and need physical shelter. 

Learn more about natural community helpers:
  • See the work of John McKnight and the ABCD Institute 
  • Check out John McKnight's book: “Community and its Counterfeits” 
  • The Story of Toast “More than a café, the shop is a carpentered-together, ingenious mechanism—a specialized tool—designed to keep Carrelli tethered to herself.”
  • The Story of Geel "For more than 700 years its inhabitants have taken the mentally ill and disabled into their homes as guests or ‘boarders' ". 

One of the aims of My Help Book is to aid natural community helpers and self-advocates --people who find themselves having to be their own helper. By quickly finding known community resources, and learning of unfamiliar resources, it is much more likely that small problems can be addressed before they become urgent crises. My Help Book also serves an educational purpose: it provides information so people can learn what their rights are as citizens, consumers, and workers. 

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Thank You to Sponsor Top Shelf Bookkeeping

1/10/2014

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Thank you to Top Shelf Bookkeeping for sponsoring and donating 40 copies of My Help Book 2014 to Saanich Neighborhood Place (located in the Pearkes Recreation Centre behind Tillicum Mall). 

Since 1994 Top Shelf has provided extensive bookkeeping services to both for-profit and not-for-profit business sectors.
Their services also include: personal tax services, small business, self-employed; corporate & charitable tax returns; e-file service; year ends and financial statements; weekly, monthly, quarterly or yearly ledger maintenance; accounts receivable and payable, project accounting and more. With a’la carte bookkeeping services, businesses can choose the level of service right for them. They will even convert manual paper bookkeeping systems to computerized. 

Top Shelf was founded in 1994 by Brian Ritchie who began his bookkeeping career in 1985 and since then has filled out an estimated 10,000 personal income tax returns, hundreds of corporate tax returns, and has helped hundreds of charities with their bookkeeping and reporting requirements. Brian's wealth of skill and familiarity with bookkeeping for charities comes not only from professional experience, but also from personal experience volunteering for a wide range of organizations early in his career. His skills bookkeeping for business started through entrepreneurial friends and has grown to include land developers, retailers, strata corporations, trades-people and more. 

See the Top Shelf website for a full list of tax and bookkeeping services offered in the Victoria and Southern Vancouver Island areas. They are experienced, professional as well as being friendly and community-minded. Their website also has helpful forms and important links. 

Contact Top Shelf Bookkeeping
Saanich Location: #101-76 Gorge Road. West, Victoria, BC, V9A 1M1
Phone 250-388-9423, Fax 250-361-9424

Esquimalt Location:
 #1253 B Esquimalt Road, Victoria, BC, V9A 3P4
Phone 250-590-4050, Fax 250-590-5435

See their website for tax season hours. 



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High heels are not work boots: minimum heel heights for women servers are anti-health and anti-safety

1/3/2014

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(NOTE: Laws changed - see below) Women working on their feet all day in heels should be viewed with the same alarm as if we saw construction workers wearing high heels on a job site.
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(NOTE: Laws changed - see below) If restaurants refuse to follow Worksafe regulations to protect women servers from injury and long term disability this means any employer could also refuse to follow any safety regulation.
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IMPORTANT UPDATES - LAWS CHANGED IN 2017

2018 -
Alberta employers no longer allowed to mandate high heels in the workplace.

2018 - (BC) Restaurant workers choosing sneakers over high heels. "
I’m surprised it took so long for this law to be put into effect."

2017 - BC Bans mandatory high heeled shoes in workplaces. "...there is also a positive human rights consideration addressed by the changes given that men are typically not subjected to the same uncomfortable footwear expectation." 

2017 -  BC 
amends footwear regulations. Employers can no longer force workers to wear footwear with a design, construction or material that inhibits the worker's ability to safely do their job. In addition, employers must consider slipping, ankle protection, foot support, muscle or bone injuries, and electrical shock when considering mandatory footwear.

New Worksafe BC rules: 
https://www.worksafebc.com/en/health-safety/education-training-certification/apprenticeship-programs/trades-topics/footwear

LAWS HAVE BEEN CHANGED - ARCHIVED INFO BELOW - NEW INFO ABOVE


2014 - Some restaurants and other facilities have minimum heel heights for their female serving staff  even though working in high heels can cause serious foot, ankle, knee and back problems. High heels are designed for fashion, not work-place safety. 

Consider: if carriage horses had to wear painful horse shoes causing injury and disability, there would be outrage, boycotts and animal cruelty charges.

Women working on their feet all day in high heels should be viewed with the same alarm as if we saw construction workers wearing high heels on a job site. 

This is what Worksafe BC regulation 8.22 says about safe footwear in the workplace:
"A worker's footwear must be of a design, construction, and material appropriate to the protection required [taking into consideration] slipping, uneven terrain, abrasion, ankle protection and foot support, crushing potential, temperature extremes, corrosive substances, puncture hazards, electrical shock and any other recognizable hazard." 
Read full Worksafe BC 8.22 regulation.

Employers must also take into account their workers safety under Division 3-115 of the BC Worker's Compensation Act:
"General duties of employers 115  (1) Every employer must (a) ensure the health and safety of (i) all workers working for that employer"

If restaurants refuse to follow Worksafe regulations to protect women servers from injury and prevent long term disability and health problems, this means any employer is free to ignore any safety regulation whenever it suits them.

There are many hazardous jobs, but health and safety regulations aim to minimize those hazards, often by prescribing protective clothing or equipment. Requiring female serving staff to wear dangerous, painful and injurious footwear does exactly the opposite: it maximizes the potential for hazard and harm. 

Falling down stairs while carrying heavy plates of food should not be considered a normal part of anyones workday. High heels are such an obvious work hazard that only a sadist could fail to recognize this. In what other job are workers purposely put in pain while also expected to smile and act cheerful?  


"Pointed toes and high heels are particularly inappropriate for working footwear." Government of Canada, Canadian Centre for Occupational Health and Safety Fact Sheets.  

High heels cause and contribute to the following conditions:
  • Hammertoes: When toes are constantly squashed into a bent position, eventually they are unable to straighten.
  • Bunions: A painful bone deformity worsened when the big toe is forced out of alignment by squashing it into narrow-toed shoes. 
  • Metatarsalgia: Pain and inflammation in balls of the feet due to stress that would normally be distributed over the entire foot.
  • Arthritis: High heels throw balance out of alignment, placing more stress on knees, hips and back and increasing the risk of arthritis. 
  • Injuries: Increased risk from falls and turned ankles.
  • Even low heel heights cause problems: "even a 'low' [1] inch heel increases the peak pressure in the forefoot by 22% compared to 57% in [2] inch and 76% in [3] inch heels."  (2)
  • See infographic on health problems caused by high heels. 
  • Another infographic on high heel health problems.

Conclusion: Harm from heels is minimized and is thought of as being an acceptable risk -- especially because high heels are a popular fashion fad for women even though heels were originally only worn by only men and after that by women to show they were a member of the leisure class (2). However, harm from heels should not be thought of as an acceptable workplace risk, not just because it violates and make a joke of work safety regulations, but because the harm can accumulate slowly. After working for a certain number of hours wearing heels, it is certain there will be a loss of function in your feet, ankles, knees or back. Loss of mobility has serious long term impacts but young women when they are thinking about the need for income to pay off student loans, or providing income for their children, cannot afford to worry about long term costs to their health and mobility. And if they are aware of the harm, as Amy Tuckett states in her interview about this issue, "servers don't want to stir anything up or they may be fired." (1)

The question that needs to be asked: If health and safety regulations for women servers are ignored, should all health and safety regulations be ignored? And second: What century are we in? 

More information on this issue:
  1. CBC Edmonton article (2015) Website F.E.D. U.P with sexism in YEG restaurants and bars. Find FEDUP Database here. 
  2. Canadian documentary and campaign to stop mandatory heel heights:  "Hell on Heels - Workplaces should not hurt". In this interview, documentarian Amy Tuckett stated restaurants with mandatory heel heights refused to comment when she contacted them and that "servers don't want to stir anything up or they may be fired."  
  3. Highly recommended: Marc Linder's detailed examination of high heels and legal battles in the U.S. "Smart Women, Stupid Shoes, and Cynical Employers: The Unlawfulness and Adverse Health Consequences of Sexually Discriminatory Workplace Footwear Requirements for Female Employees" (employees shouldn't have to choose "between a livelihood and a lively step", "the principal reason why the sex- discriminatory heel rule does not immediately strike everyone as equally outrageous is the lack of widespread public appreciation of the crippling long-term impact of high- heeled shoes." )
  4. Detailed legal report (pdf) "Hold the Cleavage: a look at employee appearance issues in the gaming industry" Kamer and Keller, 2003.
  5.  "Wear shoes with low or no heels." recommendation from page 31 of  Worksafe BC Report (PDF) (Preventing Injuries to Hotel and Restaurant Workers) 
  6. 19 per cent of women have refused to seek help because they believed their foot complaint was not important. 
  7. U.S. Casino Cocktail Servers take action against torturous high heels (2013)
  8. Ontario Human Rights Commission "It is discrimination based on sex to require female employees to wear high heels, short skirts and tight tops."
Youth and Work issues and information:
  • Generation Squeeze - a campaign determined that younger generations deserve a chance regarding their economic realities: "lower wages, higher living costs, environmental change and an imbalance in government spending without compromising the family they have, or the family they want."
  • Youth and Work blog: Information on workplace law for young people.

BC Ministry of Labour Restaurant Employees Fact Sheet regarding:
  • Paying Wages
  • Special Clothing (Uniforms)
  • Employing Young People
  • Termination of Employment
  • Hours of Work and Overtime
  • Vacations and Vacation Pay
  • Statutory Holidays
  • Statement of Wages 

Related Links:
  • University of Alberta research project on hazards of high heels
  • BBC: Why did men stop wearing high heels?
  • Celebrities on about problems from wearing high heels
  • Barefoot shoes (and why some shoes are coffins for your feet)
  • Alternet: How U.S. food service workers are abused.
  • Guardian: Service sector workers deserve respect. "In no other profession do people assume that it's OK to hit on workers the way they do with servers." 

Quotes from online discussion on restaurant clothing and footwear requirements:

"[Two] girls just went to the labour board because they were discriminated against for getting pregnant and no longer meeting “uniform standards”. The uniform in the lounge is completely different from the dining room. Girls in the lounge are required to wear at least a 2 inch heel and now the management is cracking down on the width of the heels. Now they prefer them to be the slender, almost stiletto type of heel because the thicker, more comfortable heel isn’t as ‘classy’. A lounge server told me a couple days ago that she was taking advil during her shift because her feet hurt so much." 

"As for heels, I ate at ____ and while we were there 2 women working slipped and fell with full plates of food!"

"I do mystery shops for ____ and the girls must be in heels and short black dresses. HEELS ALL DAY LONG!!!!!" 

"The secret shopper who says they have to wear heels all day, actually, any one of those workers can file with the Labour board – heels can cause injury (and I don’t mean by tripping)…. like, long term knee and joint damage. They can file a grievance if they want."

from Q & A advice site: Cocktail waitress shoes, hurting feet, help!?
"I've been working as a Cocktail waitress at a fine dining place for a little over 2 months now. I have tried everything humanly possible to save my feet but I'm nearing the end of my rope. I've tried Clarks shoes with insoles and gel pads. I've tried gravity aerosol shoes with insoles and gel pads. Both heels are no more than 2.5 to 3 inches high. (our heels have to be at least 2 inches) I've bought/tried bunion gel cushions, heel cushions, gel arch supports, toe separators, and wrapping each individual toe in band aids before every shift to avoid corns. NOT WORKING. I still have corns, I'm beginning to get bunions, and I notice now that I am feeling the bunion or bone where it comes in feeling like its rotating in my shoe by the end of the night. It's extremely painful. I am also getting swollen ankles and what feels like a screw being entered into the front and bottom of my ankles. I switched to gravity aersol booties for more ankle support but not the solution. I don't want to quite my job because the money is really good but I don't know what to do. Please help. Any ideas?"

Quote from U.S. Casino job posting:
"Must be able to lift, carry, and serve from a tray at shoulder height with several cocktails weighing up to 25 lbs. Ability to sit, walk, stand, bend, lift, reach, pull, push, kneel, squat and grasp. Must be able to walk and stand for 8 hours. For female applicants, wearing a minimum heel height of 2.0 inches is required."


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