Supermarket worker not allowed to sit

Dear Mrs Macaulay,

I work in a supermarket as a cashier and the boss says we’re not allowed to sit. So I will go hours and there’s no opportunity to rest my legs, until it’s break time. A group of us asked for stools, but management says it’s against policy. I really need the job, because the benefits are otherwise good, but my health is suffering. I understand that this is also the policy in other places like wholesales and other stores, but what can be done to change this? Even pregnant workers have to suffer with this.

The fact is that your boss is breaking the law and can be charged and fined or imprisoned! There are specific laws and regulations here in Jamaica which require employers to provide seating for employees in shops, supermarkets, and similar kinds of establishments — for cashiers and counter staff and most assuredly for pregnant women. It must be noted that pregnant women, in addition, have the protection of the Maternity Leave Act, which protects them from discrimination and dismissal due to their pregnancy.

The Shops and Offices Act, in its supporting regulations, provides that employers must provide behind the counter or in such a position as may be suitable for the use of such persons, at least two seats in proportion to every three persons. In addition, the regulations mandates every employer to affix a notice in a visible place informing employees of their right to use the seats provided behind their counters and such like places during their working hours.

In further addition, the Occupational Safety and Health Act of 2017 provides a framework for safety and health and generally mandates that employers must protect workers from hazards, which include unnecessary and excessive standing, a recognised unhealthy practice.

The employers bear a duty of care towards their employees and seats should be provided for their use to prevent them developing symptoms like varicose veins or strained muscles or flattened arches. Employers must also ensure that their employees work in a safe environment and should take active steps to minimise any risks to their employees’ health.

If an employer fails to provide the amenities of seats and any other necessary item for a safe and healthy working environment, employees can and should report the employer to the Ministry of Labour and Social Security at its Pay and Conditions of Employment Branch, which enforces minimum standards of the workplace.

I understand your concern as you say that you really need the job and the benefits are otherwise good, but you should not have to sacrifice your health in order to keep working when your employer is breaking the legal obligations he has about securing his employees’ health. The provision does not only say that the employer should provide seating, but specifies that they must provide at least two seats for three employees.

The least number is stated, and that means the lowest number, but this is of course not the ideal.

You must be brave and report your employer to the ministry. You can of course explain to them that you cannot afford to be identified as the person who made the report, and explain why, and that you wish to continue working there but with the provision of seats so that there would not be any further deterioration of your health. So ask if they could just go there and inspect the establishment and when what they see supports your report, make the position clear to your boss, who would then surely be very eager to get and provide seats for all his cashiers and other counter staff.

The ministry cannot receive a report and do nothing, nor must they do anything to jeopardise your continuing employment there.

So do not be afraid. But I suggest that you don’t tell anyone that you are going to the ministry. Just go and make your report when you can, and do not wait too long and cause your health to worsen.

All the very best, and all success.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com. Mrs Macaulay cannot provide personal responses.