What Are Your Responsibilities?
Workplace ergonomics has become a trending topic over the last 10 years. Many, but not all, of today’s business owners are taking at least basic precautions to ensure their employees and staff are using safe ergonomic practices in their daily job functions. And with the Occupational Safety and Health Administration (OSHA) paying more attention to ergonomics, it’s important for CEOs and human resource managers to know how to avoid an ergonomics lawsuit.
What Is Ergonomics?
Ergonomics is the study of the effects of repetitive motions and tasks on the human body. The field of ergonomics focuses on assessing and making necessary changes to each individual employee’s workplace environment in order to significantly reduce the risk of chronic conditions and repetitive workplace injuries.
Suggested solutions to reduce work-related musculoskeletal disorders (MSDs) can include comfortable ergonomic seating, anti-fatigue mats, an ergonomic desk and computer set up, efficient hearing protection, ergonomic work stations, and other equipment to help reduce injuries, health insurance claims, workers’ compensation claims, and lost production due to injured employees.
What Are Ergonomic Injuries?
When we think of workplace injuries, we typically think of broken bones, cuts, burns, and other physically noticeable injuries. However, repetitive motion injuries include back and knee pain, carpal tunnel syndrome, tendonitis, bursitis, trigger finger, shoulder and joint issues, and other MSDs.
These injuries are less visually obvious but can still be responsible for a great deal of pain, discomfort, and chronic conditions. After careful examination, many of these injuries can be traced back to improper work conditions:
• Poor computer posture
• Defective machinery or office furniture
• Repetitive motion
• Continued vibration exposure
• Misaligned equipment
• Trip/fall hazards
• And more
What Are the CEO’s/Employer’s Responsibilities?
Ergonomics lawsuits against employers are on the rise, as well as workers compensation claims and lawsuits revolving around such work-related injuries. And newer OSHA regulations regarding ergonomics make it more of a hot button topic. That’s because employees now have the legal right to financial compensation for ergonomic injuries sustained at work, including medical bills, medical transportation, lost wages, disability, and pain and suffering.
Many of these cases fall comfortably under the category of workers’ compensation. However, if an employee can prove that an employer was purposefully negligent in providing (or failing to provide) an ergonomically safe work environment, they can sue beyond the limitations of workers’ compensation.
As an employer, it is your duty and legal obligation to create a work environment that is both healthy and reasonably safe from any hazard or situation that could cause a workplace injury.
Under the Occupational Safety and Health Act of 1970, employers are required as a general duty to “provide employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm,” generally referred to as the “general duty clause.” While this clause has historically been used to contend with more serious workplace violations, OSHA has since added a policy that the general duty clause applies to ergonomic conditions as well.
How to Avoid an Ergonomics Lawsuit
Most employers have taken basic steps toward reducing ergonomic injuries at employee workstations:
• Ergonomic seating
• Sit/stand desks
• Anti-fatigue mats
• Foot and hand rests
• Anti-glare devices
• Headsets
• Padding
• Hearing protection
• And more
However, ergonomic injuries still happen. And enforcement and inspection for ergonomic hazards can be sporadic at best.
It’s more cost effective to prevent the injury in advance rather than to pay out on workers’ compensation claims, insurance, sick pay, lost production, hiring and training, legal fees, and more. Today, OSHA is focusing more on providing employers with information, research, and guidelines to provide a safe work environment and reduce the risk for repetitive motion injuries or MSDs.
Smarter CEOs, employers, and human resources managers are adding a certified ergonomics specialist as a regular member of their safety team. By inviting an expert to assess each employee’s needs and their work environment, employers are creating happier, safer work environments for employees and staff who feel cared for and are working harder and producing more.
Want to avoid an ergonomics lawsuit?
Start by scheduling your ergonomics assessment with McClure Ergonomics Consulting.
Call TODAY for your consultation!