Long fingernails

Whatever

About 2 months ago, employee got artificial very long fingernails. Her supervisor watched her to see if it affected her job. She continues to do her job (general office - typing, filing etc.), but uses her hands in what appears to be an awkward manner because of the length of her nails. She is now complaining of wrist pain. Both the insurance company doctor and the company doctor feel she can work if she would cut her fingernails. She is refusing and has filed a workers comp. claim. Can we insist that she cut her fingernails and if she continues to refuse, can we terminate her?

HS

It would seem the "wrist pain" stems from how she's doing her job, vs a direct injury on the job. I would say it doesn't fall under workers comp if that is the case. If the "safe" way to do her job, to not cause injury, is to have shorter fingernails, then it's her decision on whether or not to cut them. (Unless it's a direct violation of a dress policy). Someone correct me if I'm wrong, but if she decides not to follow a safety rule, then she's not able to get workers comp. In turn, depending on how you handle safety violations, will depend on if you can terminate her or not.

It always takes "the one" to come up with a challenge to the system. Set a precendence now to carry into future similar situations.

Good Luck!

HR Beginner

Do you have a dress cody policy? I have seen fingernail length addressed there; even stating they "must be kept to 1/4 inch or less." This is especially true in healthcare. In the office, I don't know, but with 2 physicians in agreement, I would think something could be said to the employee, IMO.

Meg

I agree with "HR Beginner" in that long fingernails should fall under a dress code policy. Our company policy lists what is considered appropriate dress but also included the line "professional attire and grooming."
I have seen a few people with excessively long fingernails and can guarantee that my company would not allow it - the same goes for wild nail polish. I don't want my admin. wearing neon orange on her three inch nails (would be funny if this wasn't something I dealt with before).

Good luck.

Don D

Since the 'injury' resulted from doing the job, I feel it will be comp covered. The original situation apparently arose prior to the doctors' advising that her nail length likely will aggravate the situation. Now, since you have those two opinions in hand, I feel you are safe to discipline her refusal to remove the nails as violations of a safety standard that she has been made aware of. Armed with two medical opinions, I would think you are on safe ground to write her up and advise her that failure to comply with this safety standard will lead to discipline up to and including termination. I don't really see it as related to a dress-code issue. A safety standard violation carries much more weight than a dress code violation anyway. You don't say what your standard discipline policy is, but apply it. If you haven't got a firm one in this regard, state it now and be sure to follow it consistently. You are within your right to develop safety policies and standards as issues arise. It's not essential that you would have the policy standard in place prior to Miz nine-inch.

Pork

If your physicians are staking there professional opinion on the 'adverse medical issue' as not being caused by the job task, but by the long finger nails; it would appear to me that you need only to put the individual under written notice with a "sunset" that a W/C claim will not be honored and 2ndly, she must make her self available for work without the long fingernails. Nails must be cut to X length (determined by your company physician) and maintained at that length for as long as she is employed in the position. She may choose to keep her fingernails as is, but she will not be allowed to continue to work in an unsafe and unhealthy posture, therefore, she will set herself up for a voluntary seperation or transfer depending on your needs for long fingernailed workers. You are required by law (OSHA)to provide a safe working environment, it reads like,long fingernails are not a part of your safe working world. Good luck, Pork

njjel

I would advise filing the w.c. claim and let the insurance carrier make the determination as to whether or not it is compensable. After all they work for the employer.