October 16 is World Spinal Health Day and in this regard, Faan Coetzee, Director in Employment law at Cliffe Dekker Hofmeyr, explains specific employment laws designed to protect the spines of those who stand at work.
“South African legislation,” says Coetzee, “is not as explicit as The Law on the Right to Sit in Employment passed by Israel in 2007.
“It is common in shops and reception desks, for instance, that employees are required to spend their working hours in motion or in a standing position. This law in Israel gives those employees the right to sit when there is no need for them to stand or walk.
“The Israeli law obliges the employer to ‘provide the employee in the place of employment with a seat for work’ and outlaws ‘preventing an employee from sitting during work, unless the regular performance of the work does not enable sitting’. Those employees are entitled to ‘proper chairs, which have back support in a sufficient number and in good condition, for sitting during breaks in work’. A breach of the law attracts substantial compensation even if the employee has not suffered any injury,” he says.
“The Occupational Health and Safety Act requires every employer, where reasonably practicable, to provide an ergonomically sound seat for every employee whose work can be effectively performed while sitting. But it also protects those employees whose work is normally performed standing to be allowed to take advantage of any opportunity for sitting which may occur and for this purpose the employer shall provide seating facilities. But it goes further to require seats with backrests where the nature of work performed by the employees is such that seats with backrests can be used,” Coetzee explains.
“This all helps to protect the spines of the South African labour force,” Coetzee adds.
Editor’s Notes: I presume that World Spinal Day and the right to sit won’t get such a huge boost as that day falls on a Sunday. Take it easy and lie down, people, no dancing in church for you, let’s revert to Sunday being a day of rest!
