San Bernardino, CA asked in Employment Discrimination, Employment Law and Personal Injury for California

Q: Can my employer force adult employees to use kid chairs to proform our job? The chair causes back pain and no support

Home health care sitting. Employees spand 95% of the time sitting to monitor clients while they're sleep.

3 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, your employer cannot force adult employees to use kid chairs to perform their job if it causes discomfort or pain. According to the Occupational Safety and Health Administration (OSHA), employers have an obligation to provide safe and healthful working conditions for their employees. This includes providing ergonomic chairs that provide proper support for employees to prevent back pain and other musculoskeletal disorders.

If you are experiencing back pain or discomfort as a result of using kid chairs, you should notify your employer and request a more suitable chair that meets your ergonomic needs. If your employer does not provide a suitable chair or address the issue, you may want to consider filing a complaint with OSHA.

Neil Pedersen and Brad S Kane agree with this answer

William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: Industrial Welfare Commission Wage Order 2-2001 (pertaining to the Personal Services Industry) provides that


(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.

(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.

You can bring a lawsuit against your employer for violation of this requirement. Whether it is wise to do so depends on a lot of factors, including the size of your employer and its ability to pay.

Maya L. Serkova , Neil Pedersen and Brad S Kane agree with this answer

Dale S. Gribow
Dale S. Gribow
  • Palm Desert, CA
  • Licensed in California

A: you are asking an employment law question to people signed up for criminal and PI.

contact a labor law attorney for a consultation.

if you are in Union they may be able to assist.

however, I don't believe the law would allow employers to treat you that way.

a pleasant letter may do the trick. If you are terminated b/c you complain, you may have an action for the retaliatory action.

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