Skip to page content
Workplace RERC

Selected Presentations

Publications Home

CSUN Conference

Navigate Slides of This Session

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

Slide 31 of 44

Employer Responsibilities

Slide 32 of 44

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.”

Slide 33 of 44

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.

Slide 34 of 44

Maintain Injury/Illness Logs

Slide 35 of 44

Pay required OSHA Penalties

Slide 36 of 44

Perform Job Hazard Analyses

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

Slide 37 of 44

Potential Barriers to Employment

Slide 38 of 44

Potential Barriers: Hazardous Environment

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

Slide 39 of 44

Potential Barriers: Employer Costs

Slide 40 of 44

Potential Barriers: Analyzing New Technologies

Slide 41 of 44

Opportunities for Future Research and Development

Slide 42 of 44

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”?

Slide 43 of 44

Proposed Future Development

Slide 44 of 44

Thank you for your attention

Supported by grant #H133E020720 from the National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education.

Top of Page