OSHA/Infectious Disease question
kayladsullivan
1 Post
If an employee stated "at the water cooler", and subsequently said employee reported to HR, that they had contact with a family member who had recently been diagnosed and hospitalized with TB Disease, can we legally require them to:
a) get tested for TB;
b) ask them to remove themselves from the work environment until they were confirmed negative for the infection and/or disease; and
c) report it on OSHA form 301 even though (if they were positive) they didn't contract it in the workplace?
The law is clear as mud! Any input is greatly appreciated. Thank you!
a) get tested for TB;
b) ask them to remove themselves from the work environment until they were confirmed negative for the infection and/or disease; and
c) report it on OSHA form 301 even though (if they were positive) they didn't contract it in the workplace?
The law is clear as mud! Any input is greatly appreciated. Thank you!
Comments
Your first post, welcome to the Forum! :welcome:
[SIZE=1][FONT=Arial]
[/FONT][/SIZE] Once you've identified the threat, you'll need to decide whether it poses a risk to others. There is no "standard" for this analysis. As a general rule, though, decisions regarding direct threats are judged by the reasonableness of the decision in light of the objective medical reality of the condition and the risk.
[FONT="]
[/FONT]
[FONT="]You may need to consult an outside third party for information — a physician or a governmental agency that deals with the particular impairment — or research other sources. When looking for such information, be careful not to reveal the employee's personal medical information. It's important to thoroughly document your research, including the sources of the information you used to make a decision because of a direct threat. Specifically, you should be able to:[/FONT]
- Identify the specific risk posed and, for mental or emotional problems, the specific behavior that poses the threat.
- Produce objective documentation of the existence of a disability and the potential harm it poses.
[FONT="][/FONT][FONT="]- Identify the potential consequences if the employee is allowed to work in spite of the threat. For example, you should be able to fill in the blanks of this sentence: “Because of (name the condition), (the specific harm) could happen.”[/FONT]
If your description of the potential harm is vague or unclear, then you probably need to gather more evidence about the circumstance, or you may be basing the decision on incomplete information. You shouldn't assess a direct threat based on speculation, rumors, or assumptions about the risk involved. Instead, the decision must be based on objective information.
[FONT="]If in doubt about your decision and/or before you take any action that would negatively affect the employee, consult with a qualified employment law attorney in your state.
[/FONT]
Hope this helps.
Sharon
Your first post, welcome to the Forum! :welcome:
[/FONT] [FONT=Arial]Once you've identified the threat, you'll need to decide whether it poses a risk to others. There is no "standard" for this analysis. As a general rule, though, decisions regarding direct threats are judged by the reasonableness of the decision in light of the objective medical reality of the condition and the risk.
[/FONT] [FONT=Arial]
[/FONT] [FONT=Arial]You may need to consult an outside third party for information — a physician or a governmental agency that deals with the particular impairment — or research other sources. When looking for such information, be careful not to reveal the employee's personal medical information. It's important to thoroughly document your research, including the sources of the information you used to make a decision because of a direct threat. Specifically, you should be able to:
- Identify the specific risk posed and, for mental or emotional problems, the specific behavior that poses the threat.[/FONT] [FONT=Arial]
- Produce objective documentation of the existence of a disability and the potential harm it poses.[/FONT] [FONT=Arial]
[/FONT] [FONT=Arial]- Identify the potential consequences if the employee is allowed to work in spite of the threat. For example, you should be able to fill in the blanks of this sentence: “Because of (name the condition), (the specific harm) could happen.”
If your description of the potential harm is vague or unclear, then you probably need to gather more evidence about the circumstance, or you may be basing the decision on incomplete information. You shouldn't assess a direct threat based on speculation, rumors, or assumptions about the risk involved. Instead, the decision must be based on objective information. [/FONT] [FONT=Arial]
[/FONT] [FONT=Arial]If in doubt about your decision and/or before you take any action that would negatively affect the employee, consult with a qualified employment law attorney in your state.
Hope this helps.[/FONT] [FONT=Arial]
Sharon[/FONT]