Transcript Workplace Safety - Job Accommodation Network

Accommodations for Addressing Safety in the
Workplace
Teresa Goddard, M.S., Lead Consultant
Lisa Mathess, M.A., SHRM-CP, Senior Consultant
Melanie Whetzel, M. A., CBIS, Lead Consultant
JAN is a service of the U.S. Department of Labor’s
Office of Disability Employment Policy.
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Workplace Safety
Overview
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JAN’s Teams
Direct Threat
Cognitive/Neurological Solutions
The ADA and Other Laws
Sensory Solutions
Medical Exams and Inquiries
Motor Solutions
Questions
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Workplace Safety
Sensory
Team
Motor Team
Cognitive/Neurological
Team
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Workplace Safety
Direct Threat to Health & Safety
 Significant risk of substantial harm
 The specific risk must be identified
 It must be a current risk, not one that is speculative or
remote
 The assessment of risk must be based on objective
medical or other factual evidence
 Even if a genuine significant risk of substantial harm
exists, the employer must consider whether the risk
can be eliminated or reduced by reasonable
accommodation
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Workplace Safety
Cognitive Safety Issues
 Mental Health / Violence
 Seizures / Loss of Consciousness
 Intellectual / Inability to Read
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Workplace Safety
Mental Health / Violence
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Workplace Safety
Situation
An employee disclosed that he had PTSD and asked for
an accommodation of being allowed to leave his
workspace and take a walk around the building if he was
feeling particularly stressed.
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Workplace Safety
Don’t make
assumptions about
employees with
mental health
impairments
concerning violence.
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Workplace Safety
Don’t make assumptions concerning:
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Medications
Types of jobs
Poor judgement
Coping with stress
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Workplace Safety
Do employees with PTSD pose a direct threat
to themselves or others?
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Workplace Safety
Accommodations for Mental Health
Stress / Emotions:
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Encourage use of stress management techniques to
deal with frustration
Allow the presence of a support animal
Allow telephone calls during work hours to doctors
and others for needed support
Use a mentor or supervisor to alert the employee
when his/her behavior is becoming unprofessional or
inappropriate
Assign a supervisor, manager, or mentor to answer
the employee's questions
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Workplace Safety
Accommodations for Mental Health
Stress / Emotions (cont.):
 Restructure job to include only essential functions
during times of stress
 Refer to counseling, employee assistance
programs (EAP)
 Provide backup coverage for when the employee
needs to take breaks
 Allow flexible work environment:
 Flexible scheduling
 Modified break schedule
 Leave for counseling
 Work from home/Flexi-place
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Workplace Safety
Accommodations for Mental Health
Panic Attacks:
 Allow the employee to take a break and go to
a place where s/he feels comfortable to use
relaxation techniques or contact a support
person
 Identify and remove environmental triggers
such as particular smells or noises
 Allow the presence of a support animal
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Workplace Safety
Accommodations for Mental Health
Coworker Interaction:
 Encourage the employee to walk away from
frustrating situations and confrontations
 Allow the employee to work from home parttime
 Provide partitions or closed doors to allow for
privacy
 Provide disability awareness training to
coworkers and supervisors
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Workplace Safety
Solution
The employer reacted very quickly and strongly
by sending the employee home, unable to return
to work until a psychological evaluation showed
he wasn’t a threat. The employer could have
asked for medical documentation, but assuming
the employee was a direct threat was too
extreme for the circumstances.
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Workplace Safety
Seizures / Loss of
Consciousness
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Workplace Safety
Situation
An inspector employed in a manufacturing plant used a
catwalk for half of his daily duties. Due to a new
epilepsy diagnosis, his doctor determined that the
catwalk was no longer safe. The employee disclosed his
disability and asked for an interactive meeting to discuss
his options.
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Workplace Safety
Accommodations for Seizures
Driving:
People with epilepsy may have driving restrictions.
 Pair the employee with a co-worker who can
drive to meetings or events
 Allow telework or work from home, even on a
temporary basis
 Transfer or reassign the employee to a position
that does not require driving
 Adjust the schedule so the employee can access
public transportation
 Help facilitate a carpool with co-workers for
transportation to/from work
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Workplace Safety
Accommodations for Seizures
Balancing/Climbing:
People with epilepsy may have difficulty balancing
or climbing.
 Use fall protection
 Cushion a fall by using rubber matting on floor
and by adding padded edging to corners and
edges
 Install machine guarding
 Use rolling safety ladders that are less steep.
Features include handrails and locking casters
 Provide head protection, including helmets
 Provide eye protection, including safety glasses
for goggles
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Workplace Safety
Accommodations for Seizures
Ensuring Safety in the Workplace:
Take some universal precautions to ensure safety in
the workplace.
 Designate a person to respond to emergencies
 Keep aisles clear of clutter
 Provide a quick, unobstructed exit
 Post clearly marked directions for exits, fire
doors, etc.
 Know when to (or not to) call 9-1-1
 Consult employee’s Plan of Action when
employee has a seizure on the job.
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Workplace Safety
Solution
Because no accommodations could be found that would
keep the employee safe on the catwalk, the employer
looked to reassignment. Out of three open positions,
one matched the employee’s skills and didn’t require
climbing or being at heights.
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Workplace Safety
Intellectual / Inability to Read
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Workplace Safety
Situation
A maintenance employee working alone must be able to
mix chemicals for the extermination of bugs. The
employer felt that the outcome was too risky because
the employee was a nonreader. He was able to pass the
certification test with the help of a reader, but providing a
full-time reader on the job seemed unreasonable.
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Workplace Safety
Accommodations for Reading
Depending on cognitive abilities, employees
may not be able to read information in the work
environment.
 Provide pictures, symbols, or diagrams instead
of words
 Read written information to employee
 Provide written information on audio
 Use screen reading software on computer
 Use line guide to identify or highlight one line of
text at a time
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Workplace Safety
Solution
The employee was accommodated with individualized
recipe cards that showed illustrations of the containers
of chemicals that needed to be mixed. The containers
were numbered and color-coded to help the employee
differentiate between them.
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Workplace Safety
The ADA and Other Laws
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Workplace Safety
The ADA vs Other Federal Laws
What happens when complying with the ADA conflicts
with an employer’s compliance with another federal law?
If another federal law requires an employer to do something
that if followed will put the employer in violation of the ADA,
the ADA will defer to the other federal law.
When there is a conflict between the ADA and another federal
law, an employer can follow the requirement of the other law
and not follow the conflicting requirement of the ADA.
Employers do not have to choose which law to violate.
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Workplace Safety
The ADA vs Other Federal Laws
What if the conflict involves a suggestion or option, not a
mandatory requirement?
The second federal law must require the employer to do
something, as opposed to suggesting or giving an option. If
it's not mandatory, then the employer can't cite the ADA
provision about two competing federal requirements.
If the ADA requires reasonable accommodation absent undue
hardship and the other federal law simply suggests another
thing, then the provision does not apply and the ADA must be
followed.
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Workplace Safety
The ADA vs State Laws
Does the ADA override state laws?
The ADA does not override state or local laws designed to protect
public health and safety, except where such laws conflict with ADA
requirements.
If there is a state or local law that would exclude an individual with a
disability for a particular job or profession because of a health or
safety risk, the employer still must assess whether a particular
individual would pose a "direct threat" to health or safety under
the ADA standard. If there is such a "direct threat," the employer
also must consider whether it could be eliminated or reduced below
the level of a "direct threat" by reasonable accommodation.
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Workplace Safety
The ADA vs Other Federal Laws
What about other state laws?
The ADA overrides state laws that prevent an employee
from getting the reasonable accommodation he needs.
What if a state law offers an individual with a
disability more protections or greater benefits?
The law that is more beneficial to the individual applies.
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Workplace Safety
Food Establishments
Employers may not automatically reject a request to use
a service animal as a reasonable accommodation in a
restaurant or other food service area.
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Workplace Safety
Example
A prep cook with paraplegia was hired to work in a
kitchen. He used a service animal to assist with personal
needs and when commuting to and from work. His
employer allowed the service animal to be present and
provided a designated area for the dog to occupy until
the employee needed assistance. The employer also
allowed the employee to take periodic breaks to attend
to the dog’s basic daily needs.
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Service Animals in the Workplace
Service Animals and Documentation
Employers can ask the employee to provide
documentation or demonstrate:
 That an accommodation is needed when the disability
or impairment is not obvious.
 That the service animal is trained.
 That the service animal will not be disruptive.
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Workplace Safety
Sensory Section
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Workplace Safety
Typical Issues
Typical accommodation challenges faces by employees
with sensory impairment and their employers include:
 Learning and following safety rules and procedures
 Wearing PPE
 Tolerating environmental irritants/allergens
 Navigating work area
 Managing medical conditions
 Emergency preparedness
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Workplace Safety
Typical Solutions
Typical accommodation approaches to these challenges may
include:
 Accommodating employees to provide equal access to
safety training and information
 Considering alternate PPE products
 Reducing/removing irritants in the work area or removing
the employee from the area here they are located
 Allowing service dogs and provide accommodations for
safe navigation
 Considering accommodations to help manage medical
conditions and medical emergencies
 Including employees with disabilities in emergency plans
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Workplace Safety
Example
A large state employer held periodic
meetings to update employees about
agency policies and safety issues. A
deaf employee had difficulty
benefitting from the meetings and
filed a complaint.
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Workplace Safety
Accommodation
The employer decided to contract for an interpreter
service to provide interpreters for the meetings.
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Workplace Safety
Example
A surgical technologist experienced hot, itchy, and
painful rashes when exposed to gloves and surgical
gowns. The rashes became so severe that they
sometimes caused bleeding. The employee had missed
work due to the rashes and was concerned about
running out of leave. A representative of the employer
had even suggested that she might consider finding
another line of work.
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Workplace Safety
Accommodation
Following a formal accommodation request, the
employer ordered a different brand of neoprene glove
that does not have the accelerators found in other nonlatex products.
According to the employee, the treating dermatologist
believes accelerators to be the main cause of the
allergy.
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Workplace Safety
Example
A nurse at a hospital experienced anaphylaxis when exposed to
chlorine fumes, even at low concentrations. The hospital had
already made a number of accommodations including the following:
 providing safe paths of travel from the parking lot to the
employee's immediate work area and from her work area to the
cafeteria
 alternative cleaning products at her work location
 developing an emergency plan of action
 removing the function of patient transport
 providing a parking space on the same level as her work area to
avoid elevators
 attempting to reduce and eliminate chlorine in the cafeteria area,
a challenge in an area open to the public.
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Workplace Safety
Accommodation
Working together, the nurse and hospital have been able to develop
paths of travel that allow her to avoid elevators. The employer and
employee have explored use of face masks and respirators, but,
after consultation with the employee's medical team, it was
determined that neither option would reduce chlorine to an
acceptable level. They are still working on a way for her to access
the cafeteria.
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Workplace Safety
Plan of Action
A plan of action can be created with the employee and
employer and can include information such as:
 emergency contact information
 visual or audible warning signs
 how/when to provide on-site medical assistance
 how/when to call 9-1-1
 how to provide environmental support
 who to designate as emergency responders
 who to go to for help
 how to educate coworkers
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Workplace Safety
Accommodation
A claims processing clerk with food allergies had
difficulty breathing when co-workers cooked food in the
microwave. She suggested a private office with a
window or telework as possible accommodations. Her
employer had concerns about co-worker morale and
maintaining the confidentiality of records.
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Workplace Safety
Accommodation
The employer opted to implement a policy that the
microwave in the employee's work area could not be
used to cook food. By making this accommodation the
employer accommodated a valuable employee without
jeopardizing morale and confidentiality. No cost.
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Workplace Safety
Example
An employer was considering hiring an employee with a
severe hearing impairment to be a material handler. The
employer had some safety concerns and called JAN
seeking accommodation ideas for working around forklift
traffic and running machinery.
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Workplace Safety
Accommodation
A JAN consultant discussed a number of ideas for the
employer to explore and consider including:
 set paths of travel for forklifts and pedestrians
 mirrors
 requirement for all vehicles to stop at each
intersection, strobe lights on the equipment
 asking the individual if he would feel comfortable
wearing a bright colored vest or hard hat
 use of a personal vibrating pager to be activated by a
coworker in dangerous situations.
The employer hired the individual.
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Workplace Safety
Example
A nurse with insulin-dependent diabetes and
hypoglycemia was having problems regulating her
condition (specifically, eating regularly while at work).
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Workplace Safety
Accommodation
Her schedule was altered by eliminating the evening
rotation until her blood glucose levels could be
controlled on a consistent basis.
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Workplace Safety
Example
A federal employee who was deaf worked in a private
office in a large building. The building’s fire alarm
system included a built-in strobe light. The strobe light
was not visible from the employee’s desk.
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Workplace Safety
Accommodation
A JAN consultant discussed the following ideas:
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implementing a buddy system switching to a door
with a window and moving the desk
exploring use of text alerts for emergencies
working with the employee to find an additional
alerting device that would alert the employee to the
sound of the alarm and that the employee could wear
or place on his desk.
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Workplace Safety
Medical Documentation:
 Employee's ability to perform essential job functions
will be impaired by a medical condition
 Employee will pose a direct threat due to a medical
condition
 Employee requests accommodation and the disability
and/or need for accommodation is not known or
obvious
 Required in positions that affect public safety, such as
police and firefighters.
Enforcement Guidance: Disability-Related Inquiries and Medical
Examinations of Employees under the Americans with Disabilities Act
(ADA) http://www.eeoc.gov/policy/docs/guidance-inquiries.html.
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Workplace Safety
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Workplace Safety
Safety Concerns for Motor Impairments
 Mobility Aids
 Walking
 Taking Medication
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Workplace Safety
Mobility Aids — General Considerations
 Make existing facilities accessible
 Entrance/ramps
 Accessible restrooms, break rooms
 Allow personal attendant
 Permit service animal
 Workstation accessibility
 Height-adjustable desk
 Alternative access for equipment
 Supplies and materials within reach
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Workplace Safety
Situation
An employee with MS was having trouble transferring
from her scooter to an office chair. The employer offered
to provide a modified workstation so she could work
from her scooter, but the employee preferred to sit in an
office chair. The employee asked the employer to have a
coworker help her transfer when needed. The employer
denied the request.
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Workplace Safety
Solution
Employers do not have to require or allow coworkers to
assist with transfers or provide personal assistant care in
the workplace. Employees are responsible for personal
attendant care.
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Workplace Safety
Mobility Aids — Emergency Evacuation
 Employers should remove any physical barriers to
ensure a barrier-free route of travel out of the building
 Employers may consider providing:
 heavy gloves to protect individuals' hands
 a patch kit to repair flat tires
 extra batteries for those who use motorized wheelchairs or
scooters.
 Providing emergency evacuation mobility aids
 Designate areas of rescue assistance
 Arrangements should also be made to make
wheelchairs available after evacuation
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Workplace Safety
Situation
An accounting technician with post-polio syndrome
started using a wheelchair but was concerned about
emergency evacuation in the event of a fire.
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Workplace Safety
Solution
The employer developed an emergency evacuation
plan for all employees.
JAN Emergency Evacuation Resources:
http://AskJAN.org/topics/emevac.htm
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Workplace Safety
Walking
 Communicating with email, IM, two-way radios and
cell phones
 ErgoMates
 Providing or allowing mobility device
 Wheelchairs
 Scooters
 Walkers and rollators
 Canes
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Workplace Safety
Situation
A "very overweight" employee is asking coworkers to
help get her walker out of her car for her and help her in
the building, as well as help her get up from a chair to
standing position. She is constantly asking others to go
get things off the copier for her, etc.
The employer wanted to know what he can ask and
offer.
A JAN consultant discussed "enforcing performance
standards," leading into the question of whether they
can provide something that may help her in the job.
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Workplace Safety
Solution
The employer is considering providing a walker to the
employee, who is experiencing strength issues while
walking.
No response to cost.
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Workplace Safety
Taking Medication
 Duty to accommodate:
 Take medication
 Store medication
 Side effects of medication
 Failure to take medication
 Accommodations:
 Modified schedule
 Policy modification
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Workplace Safety
Situation
A bus attendant was assaulted on the bus by students,
which led to back and neck impairments. The employee
was put on painkillers that affected her judgement. The
employee was concerned for the safety of herself along
with the safety of the student passengers, so she
requested a light duty position.
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Workplace Safety
Solution
The employer agreed that, in this situation,
reassignment was a feasible accommodation and
approved the request.
There was $0 cost reported.
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Workplace Safety
JAN Consultants can be reached M-F 9am-6pm ET
 Phone - (800) 526-7234 (voice); (877) 781-9403
(TTY)
 Email - [email protected]
 Skype - Janconsultants
 Text - (304) 216-8189
 Chat available online at http://AskJAN.org
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Workplace Safety
Questions? AskJAN.org
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