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I constantly have back pain from my office chair, am

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constantly hunched over and since...
I constantly have back pain from my office chair, am constantly hunched over and since I had breast surgery, the pain has gotten worse. I am short and need a chair with adjustable seat depth. I was going to buy the chair myself, and was told by my company that an OSHA law would not allow me to do that. The company said I have to get a note from a doctor, give the note and specs to my company and my company would find a chair (not sure if they will pay for it) that they thought was acceptable. I have already found the chair that I want, I do not want the company to pay for it, but they said OSHA will not allow me to do that. I live in the Commonwealth of Virginia. Why can't I buy my own chair.
Submitted: 1 year ago.Category: Employment Law
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Answered in 31 minutes by:
7/8/2016
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,419
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. Although your employer is mistaken, or not being quite honest, about the requirements of OSHA (not allowing an employee to bring their own chair), that really doesn't mean the employer can't prohibit employees from bringing their own furniture, including chairs. In other words, OSHA actually doesn't have any specific rules about chairs or desks, but instead only has the general rule that an employer must keep the workplace free from all hazards, including ergonomic ones. However, an employer always has the right to set the terms and conditions of employment (absent a bargaining agreement that states differently), including all workplace rules. So, if your employer says no to the chair, they have the legal right to do so.

All that said, you have the right, if your doctor says you need a specific type of chair, to submit that information to your employer, as they relayed to you, so that they can purchase a chair that will fit your physical requirements.

Please let me know if you need any clarification. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 8th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

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