SUITABLE SEATING

On April 4, 2016, the California Supreme Court issued an opinion regarding the above wage order, clarifying the considerations employers must make in deciding whether to provide seating in the workplace. Briotix can help shield your organization from risk that will result from this ruling. The ruling is specific, but leaves much to interpretation as to how an organization can defend itself. Briotix’s science-based approach, industry-tested seating protocols, and breadth of knowledge about examining “suitability” offer the maximum specificity in defense.

ISSUES FACING EMPLOYERS

Seating Assessments must be task-based

The determination of whether a seat will be provided needs to be made on a “task-bytask” basis, not on a holistic view of an employee’s job.

The “nature of work” needs to be objectively assessed

Employers need to perform a qualitative assessment of the job tasks prior to deciding not to provide seating.

The burden is on the employer to prove unavailability of suitable seating.

Employers need to ensure that they have a sciencebased approach to identify when seating is feasible. They also need to apply a breadth of knowledge about what seating is available, and thus potentially suitable.

 

SOLUTIONS WE OFFER USING OUR JA xRAY

Analyze a Job

Our Task Analysis systematically collects data on physical demands, sensory demands, and environmental conditions.

Assess Risk

We collect data reflecting the totality of the circumstances for seating feasibility for each task.

Assess Accommodation

Our seating feasibility protocol weighs the different factors and provides a scientific basis for determining if seating is feasible for a particular task.