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Workplace RERC


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Slides Index Slides 1-10 Slides 11-20 Slides 21-30 Slides 31-44

Slides On This Page

  1. Employer Responsibilities
  2. General Duty Clause
  3. Recognized Hazard
  4. Maintain Injury/Illness Logs
  5. Pay required OSHA Penalties
  6. Perform Job Hazard Analyses
  7. Potential Barriers to Employment
  8. Potential Barriers: Hazardous Environment
  9. Potential Barriers: Employer Costs
  10. Potential Barriers: Analyzing New Technologies
  11. Opportunities for Future Research and Development
  12. Proposed Future Research
  13. Proposed Future Development
  14. Thank you for your attention

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Employer Responsibilities


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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.”


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Recognized Hazard

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.


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Maintain Injury/Illness Logs


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Pay required OSHA Penalties


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Perform Job Hazard Analyses

Note: Job hazard analyses are not required but strongly encouraged. This is how employers protect themselves against future citations.


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Potential Barriers to Employment


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Potential Barriers: Hazardous Environment

Note: Even if employee wants to take the risk, the employer is responsible and may not allow it.


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Potential Barriers: Employer Costs


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Potential Barriers: Analyzing New Technologies


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Opportunities for Future Research and Development


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Proposed Future Research

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”?


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Proposed Future Development


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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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