Medical Restrictions

LindaS

I'm hoping to get some advice on how to address some issues regarding medical restrictions at our facility..

We have a variety of individuals who have long-term medical issues that prevent them from doing certain parts of their jobs. These are things such as bad shoulders, bad knees, asthma, etc.. None of the issues are a result of work injuries and none of them have current medical restrictions from a physician. As a company we make every attempt to accomodate restrictions but these problems are becoming more frequent and are creating issues on the plant floor. For example, we have several individuals who state they are unable to do heavier jobs which leaves others "holding the bag".

I have been asked, by our union, to have these restrictions updated and I agree they should be but at the same time, in an effort to keep health costs down (we are self-insured) we do not want to have to required a medical slip for EVERY restriction. I mean that for someone who hurt their back over the weekend and cannot do a particular job for one or two days. Am I facing potential problems if I required long-term restrictions be medically certified and not the short-term? Where should the line be drawn between short-term and long-term?

These are not issues regarding needing time off but limiting their ability to do ALL parts of their job.

Any suggestions?

Balloonman

I don't know if I have advice that will help but I will tell you what I have done elsewhere. As part of our restricted duty program in manufacturing plants, I did not accommodate non work related restrictions. Here is why, most were short term, due to injury ect. Some people got pissed, but if work aggrevated the non work winjury it became WC.
Since most injuries/restrictions were temporary ADA and other B.S. really did not apply. This extended to pregnancy related restrictions. The first time I did not accomodate that the union steward (female) went nuts. However she did eventually come to realize that I was treating the pregnant female the same way as everyone else with a non work related restriction. I was consistent.
Now for permanent restrictions, you will have to evaluate if they are still able to do the essential functions of their job, with or without accomodation.
If they can with some minor accomodations you legal must. If they cannot you should see if there are other jobs they can do, or let them go.
Sound harsh but the reality is you could spend half you week working on juggling everyones accomodations.
Well that is my $0.02 worth.
DJ The Balloonman

pecohr

I've offered up this one before, it has good information relating to your issue so I recommend taking a look.

[url]www.hrhero.com/sample/trialNavigate.pdf[/url]

I have many of the same issues you are seeing with I'm sure similar frustrations. I would offer that it is important not to treat ee's like they are disabled lest you turn their situation into an ADA protective issue. In addition I recommend taking a firm line on what is a reasonable accomodation vs. hardship to the employer.

Good luck this is a tough one to win.

Stuart

Don D

Linda: We also have a union and our restricted duty policy only applies to workers' compensation situations. We could frankly not keep track of or manage the situation if we were to allow our employees certain restricted activity rights based on all their perceived and real aches, pains and inabilities, whether self-diagnosed or medically-diagnosed. Our job requirements and written physical demands sheets are so well entrenched and professionally published (at a cost) that we must not deviate based on worker physical complaints. In the absence of a legitimate disability, they must either be able to perform the essential functions of the position, or we must terminate their employment. One other thing that would butt heads with this is that we have quite a bit of position-bidding and transfers to quite a large variety of jobs and it would be a nightmare to try to manage that process with an assortment of restrictions we might have allowed throughout the workforce. Once an employer starts a pattern and practice of allowing such restrictions throughout a workforce, it has a way of growing and taking over like Mississippi Kudzu Vine.