A friend has a job where he is required to lift through out the day. His back is constantly bothering him and it's getting to his busy season. He says there is no time to put a back brace on and the ones they have don't fit him properly. I always thought that employers were required to provide both equipment and opportunity for general safety procedure. I searched within the Department of Labor's website and couldn't find anything. But aren't they even required to post that this is the law?
2007-11-14 02:54:48 · 4 answers · asked by Milli jay 1 in Politics & Government ➔ Law & Ethics
I checked the OSHA website and could not find any regulations requiring the employer to provide. They show the proper way to lift and solutions. Your friend needs to take the time to put it on and keep it on. He will get used to it. If he hurts his back it could limit his claim because he did not use the protective equipment provided.
2007-11-14 03:33:12 · answer #1 · answered by mnwomen 7 · 0⤊ 0⤋
Your friend may want to have a doctor examine his back. If the doctor can certify that he has a medical need for a back brace, his employer may be required to provide one as a "reasonable accomodation" under the Americans with Disabilities Act.
Even without involving lawyers, a letter from his doctor which incorporates the phrase "reasonable accomodation" may set off the bells within the company that will get him the individual consideration he wants.
2007-11-14 02:59:38 · answer #2 · answered by nycityboy1234 3 · 0⤊ 0⤋
It sounds like braces are available but he is chosing not to put one on. Most braces are adjustable, and if there are absolutely none that fit him at all then he needs to speak to his employer.
As far as putting one on -- you put it on and then you leave it there. A few minutes is all it takes.
I'm gonna be honest with ya - I know several people who work in jobs where braces are beneficial and available and most never wear them because they are uncomfortable. Your friend may be in the category. Just remind him that if the safety device is available and he fails to use it he may be limiting any claim he has for future injuries.
2007-11-14 03:02:39 · answer #3 · answered by Susie D 6 · 0⤊ 0⤋
The answer is NO, there is no federal law requiring that the employer supply such equipment.
Even if he is disabled, the Federal law only stipulates that 'reasonable accommodation' must be made.
2007-11-14 03:21:12 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋