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Florida is the new United States!!

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  • Florida is the new United States!!

    The company I work for manufacturers medical waste containers. Last year Florida changed their waste regulations and didn't bother to tell anybody in advance, so there isn't a large amount of product currently labeled to meet these standards.

    We're actually not going to change any products for the state of Florida either. It would not be financial prudent to change an entire product line to satisfy one state. Especially a state known as the "Nanny State" due to some of their absurd regulations. And, the few competitors that we have in this product line, have the same opinion and are handling the problem the same way that we have been.

    Our products are specifically designed to OSHA and EPA standards. What we are doing for the Florida based customers is producing a new label, which meets the Florida requirements, which can be placed onto the sharps containers.

    This morning we received this call

    LC - That'd be me.
    SLWBD-Screaming lady with barking dog.

    Crying babies, barking dogs, swearing like a drunk hooker, and talking to a co-worker/on a cellphone while you're on a business call are all classy moves. But let's at least pretend that she's not operating the business out of the living room of a double wide trailer. Despite what it sounded like talking to her.

    LC: Acme medical products, this is lifecarnie, how can I help you.

    SLWBD: Everytime I receive an order of containers from you guys the label is wrong and this latest shipment with these new labels is the worst yet!

    *Thinks to self* "Good!! Thanks for asking!!"OKAY.......We sell hundreds of thousands of containers a year, since they're disposable, and I have heard maybe three complaints about the labels in the five years that I've worked here. I have heard some basic information about Florida making changes to their regs, but nothing specific.

    LC: I'm sorry to hear that, what exactly is the problem with the labeling?

    SLWBD: This isn't the first time I've complained about this, I've called numerous times, and I've sent email after email and not received any resolution. YOU GUYS ARE GOING TO GET ME SO FINED!!

    LC: Oh, I'm sorry, do you know who you've been speaking or corresponding with?

    SLWDB: I don't know that, all I know it's someone in your QA department and all they did was send me some stickers!! It's not my responsibility to do YOUR job I don't have time to have my guys sticking new labels on the containers!

    Ok, now this is three strikes in one statement. First strike, you rant that you have email correspondence with someone, but you don't know who, even though the sender would have provided a email signature at the bottom of the email, per our corporate policy. Second, this is not a quality issue, why are you contacting QA? I'm suprised QA even went so far as to send you labels. They should have referred you to either customer service or a regional sales rep. Third, it's not MY job to label anything. My company has chosen a manner of handling this issue, at least in the short term, even though you may not like the method. You are the ONLY customer who has complained about these labels and we have some HUGE customers who are in Florida and don't have a problem with this labeling. Plus we manufacture product well in advance, so even if we were going to make a change, we would sell off our pre-existing inventory first. And, no one is putting a gun to your head about actually putting the stickers on. As long as you provide them to the customer you're covered.

    LC: Well I'm sorry to hear that! Actually our regional sales manager would be able to rectify that situation for you.

    Which is true in the sense, but there really isn't a whole lot that the sales rep can offer her. Still the sales rep should have been the first person contacted either by the customer or the customer service rep who initially took this woman's call. And the local sales rep would be able to do more for the customer than I could.

    SLWBD: I've been doing business with you for at least twenty years and I haven't seen a sales rep in at least thirteen years.

    Please....if I had a dollar for everytime I've heard somebody say that I'd be rich. Plus the item that you referenced is a newer product, which means it would have been introduced to you fairly recently.

    LC: Well I can certainly put you in touch with your sales rep. What is your zip code?

    SLWBD: 55555

    At this point I'm just shocked she knows a zip code from an area code.

    LC: And what type of facility are calling from?.

    Since you didn't have the courtesy to provide your name and employer, but that's ok, it's always fun to not know specific details.

    SLWBD: "We give the rest of the florida keys a bad name" Medical Supplies!! (the scream has now gone into a full blown, aneurysm inducing rant) You guys are going to get me fined, I'm not paying any fines, you're going to pay the fines!!

    OK, I've worked for this company for five years. I'm familiar with every account that does a decent amount of business with us, especially with this product line. I've never heard of you. Which means, you're not quite the playa you've convinced yourself that you are.

    And as far as the fines go, no regulating body issues fines from the start, it starts with warning letters and to be honest with you, the people in Florida who regulate these containers are Ok with our solution.

    Meaning, that if you don't comply, it's on you. You made a choice to not comply. You also, made a choice to keep selling our products and you certainly weren't pressured by our sales force, since you haven't seen a rep in "13 years".

    You could choose to send the containers back to us and we'll divert the customers who were buying our products from you to another distributor and you can than go out of business. Which is probably good for us, because they're are larger distributors in the same region as you, who don't squable about every perceived slight.



    LC: Gives sales rep information.

    SLWBD: (still working on that aneurysm) You guys are going to get me fined, I'm not paying any fines, you're going to pay the fines!! *rinse lather repeat* Your containers don't meet anyone's regulations anywhere in the United States this is crazy!!

    LC: Actually, our containers fully OSHA compliant and do meet the guidelines as stated in *cites regulation number and passage* of the OSHA Regulations.

    SLWBD: WELL!!! MOST OF THE PEOPLE IN FLORIDA I KNOW DON'T THINK SO!!


    Yes that's because, Florida's regulations are not in accordance with federal guidlines, the guidelines we're required to adibe by according to the federal government.

    And Florida IS the UNITED STATES?



    Floridians, be prepared for your medical cost's to escalate, because your state legislation keeps passing needless medical regulations, which often contradict federal guidelines and as a result made it extremely difficult for medical products manufacturers to market their products in your state. And, in turn additional expenses are being created for the companies that are doing business in Florida. But, it's ok with us. We'll just pass that expense on to you, the patients of Florida.
    Last edited by LifeCarnie; 02-26-2008, 07:54 PM.
    Just because a customer expects you to put some effort into your job, that does not make them an SC.

  • #2
    I've lived in Florida my entire life.

    I plan on leaving as soon as humanly possible
    The greatest thing you'll ever learn is just to love and be loved in return.

    Comment


    • #3
      can i just clarify a point?

      Your company is producing medical waste containers, that apply to the various federal regulations. Florida changed it's regulations. Your company decided not to change to the new regulations as it wouldn't be financially viable espescially considerring it's one state.

      Your company is however continuing to sell the medical waste containers in Florida. In order to avoid detection fake stickers are being sent out which claim the containers adhere to the regulations when they don't. Your companies argument being that it's not your fault if Florida based companies don't return the merchandise if/when they realise the problem.

      I really hope i'm misunderstanding this

      Comment


      • #4
        Legal, i think it is more like the info on the sticker has to change, not the product itself. like when they changed the labels in canada to have a full nutrition list on them. they didnt change the box or the product inside, just the labeling process. a sticker would be a sutible substitution, after all whimis lets you use hand-written labels.
        Siead

        Hobby Twitter.

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        • #5
          Quoth Legal Eagle View Post
          I really hope i'm misunderstanding this
          You are. And there were more subtle and polite ways of asking for clarification. The regulations changed were apparently only relating to the label, as the OP mentions that the regulating body in Florida okayed this solution. I think that rules out the possibility of any hanky panky on the part of the company.
          Ba'al: I'm a god. Gods are all-knowing.

          http://unrelatedcaptions.com/45147

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          • #6
            And just because Florida passed a law doesn't mean that it's enforceable. States can pass laws that are stricter than federal laws, but they can't (or shouldn't be able to) pass laws that are contradictory or less strict that federal laws.

            That's exactly the problem that we're running into with New Mexico (and California). NM and CA have passed laws legalizing marijuana, but it's still illegal federally. To the federal gov't, marijuana is a Schedule I drug, meaning it has no currently accepted medical use in treatment in the United States.

            BTW - Cocaine is a Schedule II drug, which means it does have a currently accepted medical use in treatment in the United States!
            It's floating wicker propelled by fire!

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            • #7
              Too bad Florida is doing this to the consumer. I may be wrong, but I was told that Florida was going to start charging 1% on all incoming products brought into the state. Now this was a state worker telling me this who had called into our factory asking for price quote, and she wanted to make sure we would absorb that cost. In the meantime, I was . Again, I don't know if this is true, but it seems like one more way a state would be trying to "make improvements" (as in, make money) that is inconvenient and cost-prohibitive.
              A lion however, will only devour your corpse, whereas an SC is not sated until they have destroyed your soul. (Quote per infinitemonkies)

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              • #8
                States can pass laws that are stricter than federal laws, but they can't (or shouldn't be able to) pass laws that are contradictory or less strict that federal laws.
                off topic but... that's happened a lot in cases like human rights, freedom of speech etc... where local laws were passed, but then deemed unconstitutional and dissolved.

                Comment


                • #9
                  Quoth Pagan View Post
                  That's exactly the problem that we're running into with New Mexico (and California). NM and CA have passed laws legalizing marijuana, but it's still illegal federally. To the federal gov't, marijuana is a Schedule I drug, meaning it has no currently accepted medical use in treatment in the United States.
                  What about medical Marijuana for glacoma?


                  Quoth Pagan View Post
                  BTW - Cocaine is a Schedule II drug, which means it does have a currently accepted medical use in treatment in the United States!
                  I read in a books omewhere that it had the same effects that some anti-depressants had. I had hoped they were kidding.
                  Now a member of that alien race called Management.

                  Yeah, you see that right. Pink. Harness.

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                  • #10
                    Legal, i think it is more like the info on the sticker has to change, not the product itself. like when they changed the labels in canada to have a full nutrition list on them. they didnt change the box or the product inside, just the labeling process. a sticker would be a sutible substitution, after all whimis lets you use hand-written labels.
                    I really don't want to know the nutritional value of objects in a sharps disposal container.
                    "Always stand near the door." -- Doctor Who

                    Kuya's Kitchen -- Cooking, Cooking Gadgets, and Food Related Blather from a Transplanted Foodie

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                    • #11
                      I really don't want to know the nutritional value of objects in a sharps disposal container.
                      full of minerals right?
                      and some tasty medications

                      Comment


                      • #12
                        Quoth marasbaras View Post
                        I really don't want to know the nutritional value of objects in a sharps disposal container.
                        The folowing articles contain your FDA RDA of the following
                        Iron 100%
                        Non Organic Material 100%
                        Infectious Material >100%

                        Product not to be consumed by any carbon based lifeform nor top be disposed of in an open environment.

                        Product not suitable for
                        Infants
                        Adults
                        Elderly
                        Those with compromised immune system
                        Those with healthy immune system
                        Those who lack a reinforced concrete, lead lined gastro intestinal tract.

                        Thank you for purchasing this ACME medical supplies product.

                        <This label is in accordance with the relevent State and Federal Legislation>

                        WARNING, CHOKING HAZARD NOT TO BE USED IN CRIBS OR PLAYPEN!
                        A PSA, if I may, as well as another.

                        Comment


                        • #13
                          Quoth bainsidhe View Post
                          I may be wrong, but I was told that Florida was going to start charging 1% on all incoming products brought into the state.
                          They can try, but it would utterly fail at the first challenge.

                          Quoth US Constitution, Article 1, Secotion 9
                          No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
                          The idea quoted above is a duty. Individual states cannot levy those without express permission from the federal government.
                          Those who are loudest about their qualifications, tend to have the least merit to their claims.

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                          • #14
                            its amazing how retarded many state legislatures are. I wonder if can sue a state a on behalf of the federal government that would quite fun.

                            Comment


                            • #15
                              Quoth LifeCarnie View Post
                              all they did was send me some stickers!! It's not my responsibility to do YOUR job I don't have time to have my guys sticking new labels on the containers!
                              I'm assuming that the sucky lady was an independent reseller, right? Which means that selling your product is one of the ways she makes money by buying from you at wholesale and selling at retail.

                              If she ever calls back and makes that argument about "not doing your job" again, just bust out the line I use on whiny resellers who think they shouldn't have to do any work at all to make money selling our product.

                              "We completely understand that selling [product] requires some time and effort on your part. That is why we give you a price X% below suggested retail."

                              The best karma is letting a jerk bash himself senseless on the wall of your polite indifference.

                              The stupid is strong with this one.

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