Disabled?

SMace

Someone cannot hear a high pitched alarm (product is stuck on the line and must be unjammed) and work is suffering. They can hear the lower pitched alarms. Hearing test confirms the high frequency problem.

First question, this would be classified as a disability, right?

Second, we work with him to find a way for him to recognize the product sticking and ask him for his feedback. We will suggest he frequently check that area visually and see how that works.

Third, if that doesn't help in the short run, we'll ask him for solutions and probably modify the alarm or put lights in a certain area to alert a jam in that section.

Did I miss anything?

PS, I know this is in the wrong section, but it gets more traffic.

ray a

Seems to me a flashing yellow or red light could be a simple solution. We do tend to lose the extreme ranges of our hearing as we age.

SMace

What????????

Whatever

Which can make it really rough if you play an instrument.

SMace

Tougher on the audience than the individual playing.

ray a

I can play my bass trombone very loudly.

Crout

I think it's certainly debatable whether or not this is a genuine disability covered under ADA...which major life activity is substantially limited by not hearing above a certain frequency? Does the EE wear a hearing aid? You're free to grant an accommodation, but once you do it will become very difficult...for whatever reason...to later claim that the EE is not covered under ADA.

SMace

>I think it's certainly debatable whether or not
>this is a genuine disability covered under
>ADA...which major life activity is substantially
>limited by not hearing above a certain
>frequency? I agree.

Does the EE wear a hearing aid? No

>You're free to grant an accommodation, but once
>you do it will become very difficult...for
>whatever reason...to later claim that the EE is
>not covered under ADA.

I disagree with that. I believe the ADA and it's interpretation is very clear that allowing an accomodation does not automatically make someone qualified disabled. If that was the case, no one would ever grant accomodations in questionable situations and that goes against the very intent of the law. Tell me if I'm wrong.

If I applied that to the situation, I would have an overall good employee that can't do one function that could easily be fixed with an inexpensive solution. But I will not do it because he would be labeled as disabled. Doesn't make good business sense to me.

Hunter1

I doubt that this would qualify as a disability under the ADA. Needs to be a physical or mental impairment that substantially limits one or more of the person's major life activities. Unless you're a horn player, not being able to hear high frequency sounds wouldn't do so. : ) BUT, you are right in trying to accomodate such a minor limitation in an employee's ability to do the job.

AJ SPHR

I agree with Hunter1. The caution you were receiving was actually classifying this person as disabled under the ADA which could obligate you to even more adjustments than you want to do.

But of course, accommodating someone for the sake of accommodating if you can "easily" adjust work situations and requirements definitely makes sense.

dchr9203

Doesn't appear that you missed anything, and while his condition may not meet ADA definitions, what does it hurt to make a minor adjustment to safety procedures that only enhances the safety procedures. High pitched alarm AND a flashing light gets everyone's attention.

System

I agree with the others that it probably does not qualify as a disability under ADA. You have a good employee who can't hear the high frequency when the line is jammed with a product. Does the jammed line create a safety issue? It seems that it would be a (relatively) easy fix to either change the pitch of the alarm or install lights. If hearing test confirms the hearing loss, can you encourage the ee to follow-up?

Don D

At the risk of offending her, I'll say that S Moll and I often come to similar conclusions. I was also going to suggest simply changing out the alarm with one with a midrange pitch, then everybody should be able to hear it. And in the process, you haven't actually accommodated anybody at all, just improved your process.

I also agree with the caution about arriving at a conclusion that it's a 'disability' as defined under ADA. Accommodating is fine, yet it's not necessarily an ADA accommodation. If you grant it assuming her to be disabled, she fits into a protected category then and while in your employ and that gives her yet one more lily-pad upon which to land if you terminate her.

SMace

I see now that is probably where Crout was going. Disability will not enter the discussion. Improving the process will be the goal. Thanks for everyone's input.

Balloonman1

Just saw this post, having some hearing loss is not a disability!
Second, and never asked or evaluated was what caused the hearing loss? Manufacturing environment, so have you had the area evaluated for it's ambient sound level to determine if a hearing conservation, which would be required by OSHA is needed?
Because then you have another issue to deal with, is the hearing loss work related? :-) Happy Thursday.
A sound level survey, if it has not been performed recently needs to be completed. This will tell you if further testing is needed as well as a hearing conservation program. It may also show that this is an OSHA recordable hearing loss.
What does this individual do as hobbies? Did he come to you with the hearing loss?
A flashing strobe light or two will solve your problem, I would leave the current alarm alone, and evaluate if 1 or 2 strobe lights will accomplish what you need.
My $0.02 worth,
DJ The Balloonman

SMace

We have all that covered. Hearing protection is required (it is above the 85 decibal level threshold for 12 hrs.) in that area and it is confirmed that he wears his. He had a baseline test when he was hired and the annual test was performed 5 mos. later. There was not a STS. Noise survey was done last year and there has been no equipment modification to warrant another one yet.

Thanks for all that input.

Balloonman1

Sounds like a friend of mine King Alex SMace. Glad to hear everything is cool regarding hearing protection, did not see that it was mentioned did not want to miss the obvious.
King Alex of King Alex and the Untouchables was an old bluesman where I used to work. He was lead, heck he was the King after all and bassist. Bought one of his CD's, good stuff. Became friends with him, used to go and see him play. He was mostly deaf from playing music for 40+ years. NO high frequency hearing whatsoever. Used to look at his hearing tests and just grin.
My $0.02 worth.
DJ The Balloonman

SMace

I appreciate you mentioning the other side. If not me, I know someone was able to learn from it. It goes to show that there are generally many sides to one issue. I value your knowledge in the safety area. Keep it coming.