Hearing Aid

montanaguru

We have an employee with significant hearing loss who drives a haul truck at a mine site.

He can only hear well by using his hearing aids. He recently indicated that he did not want to use his hearing aids unless we were willing to compensate him for their repair or replacement due to the environmental conditions in his work setting - i.e., dust and vibration. Apparently they are very expensive, specially designed hearing aids that are treating a very special type of hearing loss, which he has had since birth (per employee).

He has indicated that he can hear OK when using the hearing aids, so in all likelihood he does not fall under the protection of ADA.

I have thoroughly researched various sites on the matter -and the narrative that I have come across is ambiguous at best.

Like some other opinions:

1. Can we require him to wear his hearing aid as a condition of employmment.

NaeNae55

ADA or not, he is requesting an accomdation from you. The real question here is do you need him to hear while he is working for you? If the answer is yes, then he must wear them. If it isn't that important, then let it go.

I can't imagine NOT needing to hear in this situation (it sounds a tad dangerous), but then, I have never been around this type of job. Have you discussed this with the supervisor? He/she will know if hearing is required.

Good luck!

Nae

montanaguru

Yes, while technically he may be requesting an accomodation, it would appear that he is not disabled under the precepts of ADA since he can fully and adquately hear with an assistive device - in this case a hearing aid. If use of the hearing aid still limited his hearing he would potentially be considered disabled under ADA. Is this logic right?

SMace

I'll give you a hard-ass opinion. I'm not a DOT expert, but I would imagine you would have to hear to drive a truck. So, he either wears the hearing aids or doesn't drive.

You would not be required to compensate him for the hearing aids. Make reasonable steps to limit the dust and vibration and if you can't and he will not budge, tell him he'll have to find another job that's not so dusty and bumpy.

davids

I agree that this appears to not be an ADA issue. The question appears to be will you reimburse the employee for work-related damage (in his opinion) to his personal belongings. Do you have a policy or practice related to reimbursing employees for such damage? Would you reimburse an employee who broke his or her eye glasses in the course of performing their duties? As we all know, the key is to treat employees equitably. If you have reimbursed others, you will want to consider how this situation is similar or different from those other situations.

NaeNae55

As stated above, this is not an ADA issue if the employee can hear and do his job with an aid. I know in past court cases if the employee could use an aid (as for hearing or eyewear), the court wouldn't rule for a special accomodation under the ADA.

I don't personally know anyone who is hearing impaired, but I used to (some 20 years ago). The people I knew were licensed to drive just like anyone else. Do any of you work in states that require a hearing test to get your license?

Driving a truck might be different, I don't know, but it doesn't seem likely. Does this person need to hear in these particular circumstances? If he doesn't, let him take them out. Then there is no worry about who pays for replacements.

If he does, you need to consider your regular policies on replacement of personal property (ie - eyeglasses) as the above poster mentioned.

You know, you CAN accomodate someone's requests, even if it doesn't rise to the level of ADA. You just want to be careful not to jump at every little request so that you don't set a precedent of making every requested accomodation. This employee doesn't seem to be asking too much to me, unless of course, he really needs to hear on this particular job.

Good luck!

Nae

Rockie

Does not fall under the ADA insofar as an accomodation is concerned. He is not limited in a major life function as long as he wears his hearing aid.

Unless you compensate other employees for "wear and tear" on items they use in the course of their employment, i.e., clothing, cars, eyeglasses, etc., I would not get into reimbursing him for his batteries, repairs, etc. What's to say, damage could not be caused by conditions outside of work?