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- Employer Responsibilities
- General Duty Clause
- Recognized Hazard
- Maintain Injury/Illness Logs
- Pay required OSHA Penalties
- Perform Job Hazard Analyses
- Potential Barriers to Employment
- Potential Barriers: Hazardous Environment
- Potential Barriers: Employer Costs
- Potential Barriers: Analyzing New Technologies
- Opportunities for Future Research and Development
- Proposed Future Research
- Proposed Future Development
- Thank you for your attention
Employer Responsibilities
General Duty Clause
Section 5(a)(1) of the OSH Act (known as the “General Duty Clause”) requires an employer to furnish to its employees: "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 to his employees..."
Notes: The heart of the OSH Act is found in what is known as the General Duty Clause. This places the burden of employee safety squarely on the employer. It is a “catch-all.” If something falls out of the extensive standards then it may still fall within the “General Duty Clause.”
Recognized Hazard
- Employer’s industry recognizes it as a hazard
- Employer recognizes it as a hazard
- Any reasonable person would recognize it as a hazard (termed “Common Sense Recognition”)
Note: Problem is that issues relating to disability and access are not always synonymous with “common sense” as evidenced by the action taken in the case of the forklift driver with diabetes.
Maintain Injury/Illness Logs
- Maintain logs of work-related injuries or illnesses
- Store logs for up to 5 years and make available for inspection
- Report fatal injuries or catastrophes
- Some industries are partially exempt
Pay required OSHA Penalties
- Safety violations fines up to $7,000 per violation
- Willful or repeated violations up to $70,000 per violation
- Criminal (resulting in death) up to $250K for an individual or $500K for corporation
Perform Job Hazard Analyses
- Employers conduct a Job Hazard Analysis before any change is made
- Relates to relationship between worker, task, tools, and environment
- Goal is to discover “what can go wrong?”
Note: Job hazard analyses are not required but strongly encouraged. This is how employers protect themselves against future citations.
Potential Barriers to Employment
Potential Barriers: Hazardous Environment
- Employee safety is pre-requisite to employment where OSHA is concerned
- Not just machine access but also safe access to the manufacturing environment
Note: Even if employee wants to take the risk, the employer is responsible and may not allow it.
Potential Barriers: Employer Costs
- Employer has responsibility to ensure a safe work environment for all employees
- Numerous safety standards must be met
- Employer faces costly fines for non-compliance
- Work accommodations professionals should seek to understand these conditions
Potential Barriers: Analyzing New Technologies
- Job Hazard analyses performed on changes to environment, tools, or tasks
- Prospective employees with disabilities should help employer understand their capabilities and the impact of the AT
Opportunities for Future Research and Development
Proposed Future Research
- Investigate safety issues specific to CNC
- Research safety standards in light of ADA Guidelines
- Research and monitor relevant court cases
Notes: If we are to take advantage of the opportunities for employment in manufacturing, we must understand the potential “barriers” caused by safety regulations. For example, OSHA 1910.21(a)(1) defines a “floor hole” as, “an opening measuring less than 12 inches but more than 1 inch in its least dimension….” But ADAAG requires in section 4.5.4 that “if gratings are located in walking surfaces, then they shall have spaces no greater than a half inch in one direction.” If a manufacturing employer hires a manual wheelchair user, might they be cited under the GDC if their floor grates are three-quarters of an inch”?
Proposed Future Development
- Develop training materials to help AT professionals understand OSHA, et al.
- Develop training materials to help manufacturing employers understand functional abilities and AT
Thank you for your attention
www.workrerc.org
Supported by grant #H133E020720 from the National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education.
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