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Unable to perform duties

little leelittle lee 5 Posts
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We have a full time maintenance worker\substitute driver who has been out on WC but has returned to light duty. He is unable to perform any of the maintenance duties but can drive a bus. Can we take him off the maintenance crew and quit paying him for doing nothing and only have him drive? The driver only gets about 30 hrs a week vs maint 40. And what can we do with him over the summer months when school is out of session and no busses are running?
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  • Carol CACarol CA 173 Posts
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    Sometimes you can accomodate workers on light duty and sometimes you can't. It depends on the nature of your work and their restrictions. It always is in the company's best interests to try to find some sort of modified duty where you can - even if it is just helping with filing, clean up, or projects you don't usually have time to get to. I would encourage you to try to find something, but if you can't then it would go to a lost time incident.
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  • little leelittle lee 5 Posts
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    What exactly is a lost time incident? We really don't have any other position which he can take on other than part time so how does this work?
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  • Carol CACarol CA 173 Posts
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    When you fill out your OSHA 300 log you have to catagorize your worker's comp incidents as injury or illness, no lost time, restricted work days, or lost time. Lost time would mean he cannot work for you and so needs to be paid through worker's comp. He would continue to receive medical treatment until he is permanent and stationary. At that time you would determine whether or not you have a position for him. If you do, great. If not, he may have to go through vocational rehab to be re-trained for another line of work.

    Lost time accidents and vocational rehab serve to increase your worker's comp premiums, so companies try to avoid them by modified work if at all possible.

    Hope that helps!
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  • little leelittle lee 5 Posts
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    It does help. I guess I still have a lot to learn about HR!
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  • Lori PerdueLori Perdue 17 Posts
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    Hello, All...
    We too have a similar situation. Some Background: Our Janitor has had several WC issues lately (can't lift - hurt back... problems with cleaning solutions...eyes itch... ) There is probably 50% viability to his claims, as he has a reputation for milking situations, and being very vocal about not wanting to do such hard work, he's so tired, he's getting too old to do such a physical job etc... I send him to the Dr, they give him care, then a few weeks later, there is a new injury or illness. Again, just valid enough, but his track record is quite substantial. Anyway, we asked him to strip & wax the floors in our QC lab, which is an occasional - but regular - part of his job. He said that he can't anymore, because of the chemicals. I have proposed to Mgt a two step approach: First, to Counsel/Written Warning on Performance Issues (there are several others not mentioned...) Then to propose a shift into the Production Dept as a Line Worker, at his same pay, benefits & schedule. This would ACCOMODATE his assorted WC issues, moving him into a lighter-duty position, and lessen his exposure to cleaning chemicals etc. The way I see it, he will do 1 of 3 things: Accept the Transfer; Decline the Transfer & start to do his job better; or get ticked and quit - as the shift to Production could be viewed as a demotion to him. Any other ideas or suggestions????
    Thanks,
    Lori in Baltimore
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