Employee Heart Attack

lfhill

We have an employee that had his second heart attack (not work related) in March 2002. The employee was put on temporary lay off as work was slow so that he could collect unemployment. (We explained that if he was unable to return when we got busier we would have to terminate him.) We are soon anticipating a call back and this employee has still not been released by a doctor to return to work.

We are a Small Manufacturing Facility (under 50 employees) and my question is this. We are seriously concerned that this employee’s health and welfare could be affected by conditions and environment if returning to work. Can we without exposing the company to legal implications or lawsuit under EEOC or ADA inquire of a physician (with employees consent?) on how some job specific conditions may adversely affect employees health to determine if we can reasonably accommodate employees return to work. (i.e.)

Heavy work lifting 75+ Pounds and carrying 15 Feet.
Standing for 8 hour period
Use of power tools including but not limited to (power saws, sanders, Mig welders using Carbon Dioxide, helium and argon gas mix.)
Environments involving dust, paint fumes, fluorocarbons, fine particulate matter etc.
Bending, Stooping, vibration, twisting.
Driving, (Delivering Frames and Doors Heavy Lifting Involved.)
Limitations on Hours worked (Please specify) ____ Hours per Day _____ Per Week

Any advice or suggestions would be greatly appreciated.

Don D

Yes, an employer may require what's called a 'fitness for duty' report from a physician (unless your state for some reason restricts that right). You seem to have your job essentials well defined. His doctor or one of your chosing (at your expense) should review those thoroughly and respond as either capable of performing them without restriction or with restriction and then you can go the accommodation route if you're able to. Our policy does not ever allow return to work after medical leave WITHOUT such certification from his doctor (at his expense), then if we have reason to doubt that certification, we can have another done by a doctor of our choosing at our expense. I'm surprised he was allowed to draw unemployment if 'medically unable to work'. Most states require an 'able and available' statement be signed with each claim. If the claims office finds out that you or the claimant provided false information regarding his ability to work, the claimant will be disqualified from future claims until repayment and possibly other penalties.

Theresa Gegen TX

The United States Supreme Court just decided an ADA case that discusses whether and when an employer can refuse to bring an employee back to work because the employee's medical condition makes him a "direct threat" to himself. Chevron U.S.& NBSP, Inc., v. Echazabal, No. 00-1406 (June 10, 2002). You should be able to get a copy of the case off of the United States Supreme Court website. If you have been working with an attorney on this, you might want to point this case out to him. Like most cases, it does not fully answer all the questions, but it will give some guidance.

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Good Luck!!

lfhill

Yes I am a subscriber and did receive the alert, and thanks to your fine publication questions arose and sparked this debate. The actual court opinion and syllabus will be very useful. I work for a company that is very good to its employees so the welfare of the employee’s is a prime concern and while this may harm the employee’s feelings it may be necessary to protect his health. However we will get a Dr’s opinion by well defining his job description and find out what limitations may be imposed to see if we can possibly accommodate in another position at the plant before making a decision not to call the employee back. Thank you for your thoughts.