Can my boss force me to sit in painful chair?

Miscellaneous and Personal Stuff I Must Share
1

My office recently moved to a new building and my boss got us new chairs. The building is 200 years old and she wants everything to fit the style of the old building. Therefore the chairs are these wooden, old-fashioned chairs that are EXTREMELY uncomfortable. Last week was our first week in the new place, and sitting in the new chair killed my back. My back ached all day, all week. I sit at a computer for 8 hours a day and I need a comfortable chair…

So today I brought in my own chair*, and e-mailed her telling her that the old chair hurt my back, and that I brought a new chair.

She responds:

A cushion wouldn’t make any difference. The main problem is the arms on the chair, which means I can’t pull my chair all the way in, and therefore am forced to slump over to use the mouse and keyboard, instead of sitting up straight, like I can when I am pulled all the way in.

Several of my coworkers said they were very uncomfortable in their chairs too, but (in my opinion) are too scared of my boss to say anything - she is very difficult to deal with (* this is the reason I didn’t ask her to provide me with a new chair, because I knew she would be resistant, so I just brought my own).

My question to you folks is, isn’t there a requirement under federal Occupational Safety and Health Administration rules that employers provide their employees with an ergonomic environment as to avoid injury and pain?

My boss can’t make me sit in a chair that causes me pain, can she??

Please provide me with any relevant cites that I can use to defend the use of my own chair.

2

I had a manager once like that. We were in a bullpen in an old insurance building with 20-foot high ceilings and no desk lights. I needed more light and brought in a light from home. She told me to take away the light. I told her I needed more light. She told me to file a worker’s comp claim. So I filed it. Trouble ensued.

3

IANAL, but I would imagine if you’ve told her sitting in this particular chair is not comfortable for you and is making it difficult for you to do your job, and she does nothing about it, you would have a valid complaint. I would recommend you follow up again, stating that a cushion will not help, and maybe if several of you go together and calmly explain the situation, she might listen. She can’t very well call all of you whiners, can she?

Start documenting everything now. Do you have an HR department? One of my co-workers has a special ergo-chair because of his carpal tunnel.

4

How large is your company? Employment laws often exempt companies below a certain number of employees, so this will be relevant to the answer.

5

Thanks guys, so I do have some right here!

I have been looking around for information on OSHA rules regarding desks and chairs and found this: OSHA eTools: Computer Workstations, however it seems to just be a list of suggestions or guidelines.

Ivylass, we don’t have an HR department… we are a small company with just my boss (the president) and about 10 employees.

It just really irks me that my boss cares more about how her office looks than the health and productivity of her employees. But then it doesn’t surprise me at all. I knew this would become a big battle. It’s not like I asked her to buy me a special expensive chair - I brought my own, for god’s sake. :rolleyes:

6

In the UK you cannot be made to sit in uncomrtable and unadjustable chairs, especially in the case of a computer workstation.

I might be inclined to ask if she had workstaion assessments carried out and demand to see the report - its obvious she has not carried out a risk assessment.

In the UK were are rather less inclined to sue, however this is one of those cases where we would, and we would win.

You need to go through a process, send a letter statong that the chairs are unsuitable for the purpose, it doesn’t matter if they are adequate for others this has no bearing at all, the seating for your workstaion must be suitable for the user who is at the workstation.

You also need to ask to see the workstation assessments, again in writing.

You also need to say in writing why these chairs are unsuitable for you, however since you have also mentioned that the arms are non-adjustable, they are clearly not fit for the purpose.
You might ask to see the literature that states what purpose they are actually designed for, becuase they are clearly not for use at a computor workstation.

That should be enough to make her worry, if not, its time you thought about going to your medical practioner and get all the facts recorded.

Then go see your lawyer.

I will also add that if you cannot get your chair adjusted to your working position, this can manifest itself as injuries to arms, shoulders back and neck, but an osteopath will put you in the right track - BTW, a cushion is simply not a suitable alternative - what happens when it goes missing etc etc.

In the meantime, there is loads of information for you, look under ‘workstation assessment’ or ‘DSE assessment’, or ‘workstation ergonomics’

http://www.shopergo.com/ergologin_2_0/OCW.aspx

http://www.osha.gov/SLTC/etools/computerworkstations/checklist.html

I’ll add, this isn’t a trivial work issue, you could end up with permanent injury if you do not get this resolved.

7

THANK YOU casdave. This is important to me because I just can’t be productive if I am not comfortable… and I think it’s awful how my boss just blows this off.

8

You know what? I would keep my own chair and not say anything else. You told her the chair was uncomfortable and hurting your back, and her solution (a cushion) will not work for you.

So, sit in your own chair. If she forces you back to the uncomfortable chair, then, my children, we will have a ball game.

9

Yes indeed, this is my plan. I won’t let her bully me. Thanks for your support & advice so far, everyone.

10

Tell her you’ll give up your chair when she installs gas lighting. And a privy.

Silly bint. Sounds like she doesn’t have enough to occupy her time.

11

You’re very observant!

The sad thing is, 4 other people told me they hate their chairs too, but they’re all too scared of my boss to say anything… she’s just so difficult and unpleasant to deal with.

12

So, tell them not to say anything, just bring in their own chairs. They all have the same complaint as you.

Just out of curiousity…does Boss Lady have one of these uncomfortable chairs?

13

They’re not that “daring”… they’re very compliant and timid, just like my boss likes.

Good question… I don’t think so but I’ll have to peek in after she leaves to see.

14

Your workplace is doing it wrong.

15

As luck would have it, I work for an office furniture distributor. If you’re comfortable sharing with me your boss’ address, I can send her (anonymously, even!) several publications on ergonomics in the workplace.

16

There has to be modern, semi-ergonomic chairs in the style the boss wants. How about this one, or this one named after Martha Washington?

17

Great idea, I’d appreciate it! I will PM you… :smiley:

18

And some Negroes.

19

Well, then, you can’t fight their battles for them. You go sit in your comfy chair and fret no more.

20

Enquiring minds want to know.

If she doesn’t - swapping your old chair out would be petty and childish and would not help one bit. But it’s fun to think about.