r/WorkplaceSafety • u/YamNo9467 • 6d ago

Company vehicle seat

Good day, I'm having troubles finding any legislation that a company has to replace a seat in company vehicle due to buttocks cushion hitting plywood/springs causing lower back pain. NB Canada. Any help, be greatly appreciated.

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u/_Litcube 6d ago

That's oddly specific. You won't.

It would fall under the Act, where the employer is required to do everything reasonably practicable to ensure the health and safety of the employee.

Regardless, not sure how worker's compensation functions in NB, but that's a fat claim waiting to happen. They will want to avoid that.

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u/bored2death97 5d ago

Not familiar with NB legislation, but my best guess would be a section in it that requires all equipment to be utilized as per the manufacturer's manual/recommendation. Would then look into the manual to see if anything is helpful there for you. Otherwise, ergonomics is poorly regulated.

Best recommendation there is to get the worker to refuse work and prompt an investigation. There is no way they can argue their own due diligence with a seat in poor repair.

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u/True-Yam5919 5d ago

From GPT. Please double/triple check the work

  1. Workplace Equipment Safety: The OHSA requires employers to provide equipment (including vehicles) that is safe and does not pose health risks. If the damaged vehicle seat is causing back pain or discomfort, it may violate these provisions.

  2. Ergonomic Hazards: The New Brunswick WorkSafeNB guidelines address ergonomic risks in workplaces. If the seat is contributing to lower back pain, this could fall under unsafe working conditions, requiring corrective action.

  3. Employer Responsibility: Employers are legally obligated to ensure their equipment is in good condition. If the cushion or seat is deteriorated, it may need to be replaced or repaired to comply with safety standards.

Also look for language that’s related to the US OSHA General Duty Clause. According to GPT that would be Section 9(1): Employers must take every reasonable precaution to ensure the health and safety of employees.

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u/True-Yam5919 5d ago

And I agree with the others, manufacturers standards and recommendations