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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Can an employer refuse to let me operate a ridding floor

Customer Question

Can an employer refuse to let me operate a ridding floor scrubber even if I have operated one before with no problems due to my weight. The old rider has a Gross Vehicle Weight and so does the new one. But no one up till now has been interested in that. I provided them a way for the GVW. to be attained by me on the new machine by dropping the scrubbing water load by 3 gallons. Old machine was 21 gallons new one 29. That drops new machine to 26 gallons. I. was dragged into employee health and forced under protest on a scale. None of which was done on the old machine. 4 days later they decided to put my co workers on the scale. The old machine is smaller than the new one.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank your for your question. Please permit me to assist you with your concerns.

Unless there is a contractual obligation under which the employer cannot refuse, then yes, the employer can absolutely refuse to let you operate machinery if they feel that you are somehow unable to operate it safely, be it due to weight or other limitations. Since you are too heavy based on the limitations, the employer would actually be liable to you if you were injured, so by barring you from using it, they are protecting you and definitely protecting themselves in case of injury or in case this somehow damages the machinery. I do apologize if the answer is not as you hoped, but the employer can most definitely limit you from working if your weight is in some way a factor to safe operation, or they deem it as such. Weight is not a protected class so treating you differently over it is not generally a violation unless it is a medical issue...and in that case their limitation is even more reasonable under law.

Sincerely,

Dimitry, Esq.