Old Injury & Job Assignments

psrcello

We have an employee who sustained two injuries to her right wrist back in 1997 while "pinch hitting" on a job she's not normally assigned to. After the second injury, the then supervisor stated in the accident investigation report that she would not be assigned to that particular job duty ever again, even though she has no permanent restrictions.

Today, we are short an employee in that department, and she is the lowest seniority person available for temporary assignment. She refuses to be assigned to "pinch hit" again, because she's afraid she'll hurt her wrist again. Naturally, if we force her to perform the job today, she'll have another injury for sure.

Now, we're faced with a dilemma - this particular task is not a favorite one among employees plant-wide. It won't take long for word to spread that all you have to do in order to avoid being assigned to the job is complain that you might hurt yourself doing it. We're also a union plant, so when we have to start working our way up the seniority list to find someone to assign to the job, we're going to get grievances for assigning more senior employees to the task when less senior ones are available.

Anyone ever resolved this kind of problem without tripping over ADA, OSHA, workers' comp, contract issues, etc.?

Janet

We've run in to similar situations at our union plant. If the EE can produce a doctor's note giving restrictions, we'll work around it. Otherwise, they have no gripe.

Balloonman

Send her home until other work becomes available. If an employee refuses to work, when work is available, I don't like forcing them to do it. I usually will sit down with them, discuss the issue, but inform them that since they feel they cannot do this work or they might get injured, that I have no work for them and that I will call them once I have work for them. It is up to you weather you want it to be an attendance issue or not.
My $0.02 worth.
DJ The Balloonman

LindaS

In absence of updated medical restrictions, I would either place the ee on the job or send them home. They would receive "points" in accordance with our attendance policy. In addition, I do not accept restrictions that state an ee cannot do a specific job and instead require the physician to indicate what they can or cannot do (lifting restriction, etc.). Allowing an ee to refuse to do a job or sending them home without an ramifications will only create additional problems with the rest of the ees.