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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work in las Vegas Nevada in a call center. Our

Customer Question

Hello I work in las Vegas Nevada in a call center. Our workstations are set up in a way which do not allow us to adjust the height of our chairs because the chairs often don't work were required in our job to type on a keyboard that can be as much as 12 inches higher 6 inches lower the 5 inches higher than it should be in order for us to sit there with our arm out straight which can cause all kinds of problems for operators logging in information on the calls we make how do OSHA laws apply to this situation and is there anything I can do to make my workplace better
JA: Was this discussed with a manager, HR, or an attorney?
Customer: I am sending this question once again I work in a call center in the course of my job I use a phone headset and a computer with a keyboard my problem is that often we cannot or I cannot sit comfortably at my station and use the keyboard effectively sometimes the chairs don't work they don't adjust to get me to the height that I need to in order to reach my keyboard comfortably there is no way to adjust the high of the keyboard we are required during a call to take notes that those notes take place on a keyboard or why the use of a keyboard I use voice recognition software so please excuse any grammatical errors some days I can't even see the keys on the keyboard because I am sitting so low in a chair that doesn't fit my work station and doesn't adjust and it's not just one cures many so the angle from my elbow to my wrist is over 45 degrees sometimes isn't this a violation of motion in some way I mean its not ergonomically set up is there anything that I can do to help make the situation in a better is there any person or place I can go to who can help me with us my email is SM as a Mary Anfield
JA: Is the employment "at will," union, full time, or part time?
Customer: I'm not sure what you mean by a will there are both full time and part time employees in this job it is not unionized
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time thank you
Submitted: 2 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 months ago.

Hello,

Thank you for the information and your question. Once you have exhausted your remedies within your Company, if the workstation ergonomic issue is still not resolve, you can file a complaint with OSHA. Your employer cannot lawfully take a retaliatory action against you for doing so. So, your first step is going to the person at your Company who is in charge of workplace safety and address the issue with them. If there is no one, then you could speak to HR and ask them who to direct your issues to. Again, if you cannot get the issue resolved, you can file your complaint with OSHA. This is a link to the computer workstation information from OSHA which also has the links to their complaint process: https://www.osha.gov/SLTC/etools/computerworkstations/

If you have special needs because you have a medical condition that is aggravated by the set up of the workstation, you could also request a reasonable accommodation under the ADA for a specific change in just your workstation. That would go to HR.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page, then the Site will give me credit for assisting you today. Thank you

Customer: replied 2 months ago.
Thank you for your help, I appreciate your efforts and time.
Expert:  Marsha411JD replied 2 months ago.

You're very welcome.