ADA-Safety Issues
M2
4 Posts
I have an employee with diabetes that works on a production oil platform. He just transferred to a job which he is more active in and apparently had a problem controlling his insulin. He became disoriented, and they had to remove him from the platform and take him to the hospital to get it under control. The doctor gave him a full release, but they do not want him back at the platform because they don't feel that he is safe to work with. The job that he was at before, he was not as active, and his co-workers apparently looked out for him. Just because the doctor released him does not really mean that he has this problem under control. How do we make sure we don't discriminate against him but also ensure the safety of the other employees?
Comments
The "undue risk", under ADA, has to be more than a potential. The issue is whether or not there is an imminent risk of danger to the employee or other if he returns to the "more active job" on the oil platform. Merely the fear that he may forget to take insulin isn't sufficient.
If the employee's own physician released him, firstly make sure the doctor knows exactly what his duties are. Send him a job description listing the essential demands of the job including the phyusical, enviornmental and mental demands. Make sure the doctor has full information. If you get something back that says "okay to work this job", then talk to the employee and make sure that he understands about not repeating the cause of the earlier problem. Or send for another doctor's evaluation -- one who does the occupational health exams and get a second opinion -- if you are not comfortable with the treating practitioner's clearance.
Short of that, you really can't do much. Again, merely having diabetes and a "potential" risk that the employee may miss an insulin injection is insufficient. But you could have his supervisor to make sure with him that he took his insulin -- or to have a personal reminder notice. That maybe something the employee would be willing to go with.
Is the employee asking for any resonable accommodation? Diabetes has been held to be a qualifying disability under ADA -- but whether it is for this emplyee would have to be made on the specifics of his situation, if he is asking for reasonable accommodation.
James Sokolowski
Senior Editor
M. Lee Smith Publishers
Thanks for your help!
at the time of appointment, some one who carries a gun in public as part of his or her duties, I have always felt, should not only have a medical examination to make sure of the ability to executive those duties, but a psychological examination to make sure that the indiviudal has the mental ability to work in dfficult situation with automatic reliance on the gun.
The real question is, do you give any type of psychological exam to any of your employees assigned to carry a weapon and ability to use it in public? I assume you are a public sector emplyer, either city or county.