What is the current state of the law on the posture of a worker who stands in an awkward position to operate an autoscrubber?

British Columbia, Canada


The following excerpt is from WCAT-2011-02295 (Re), 2011 CanLII 74653 (BC WCAT):

The worker has consistently reported that the autoscrubber required him to bend low and stand in an awkward position. However, again applying the test in Faryna v. Chorny, I do not find the worker’s evidence on that point to be credible. He modeled the height and use of the scrubber in the oral hearing. He walked in a manner which created a significant up-and-down motion in his hands which would have been inconsistent with manipulating an autoscrubber as heavy as the unit he reported operating at the time (as this movement would have caused him to be lifting the back pushing down on the unit significantly with each step). Because of this and because his testimony provided insufficient detail otherwise, I do not accept the worker’s oral hearing evidence regarding the posture he stood in, in order to operate the autoscrubber.

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