Document Zn35Y2V0o8Drb2eER01r4YJE8

TO: Distribution Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles October 25, 1991 ADA IMPACT TGfc JCt XF: 0: RF V1S1A Attached is another article describing one attorney's opinion of the potential impact of the Americans with Disabilities Act. T. G. Grumbles dlj .333 Distribution: SAFETY DIRECTORS Bruce Trego-Aber, Brent White-Bait, George Williaras-Blane, Matt Tonkovich-Hmd, K. L. Fogg-LCCP, R. V. Gantz-LCLAB, Mike LunsfordLCVCM, Chris Markerson-Okc, Greg Lipps-Premiere, R. B. MartinAustin, J. R. Drumwright, J. G. Farrier, L. L. Zimmerman cc: PLANT MANAGERS R. W. Seymour-Aber, L. R. Bauer-Balt, G. D. Williams-Blane, J. Pavao-Hmd, J. Friend-LCCP, J. W. Ware-LCLAB, P. Carrico-LCVCM, H. D. Garrison-Okc, P. L. Foote-Prem, V. W. Weiss-Austin -ft* vvv 000008006 CURRENT REPORT 555 Process safety managers need to ensure that safety pro* grams are audited routinely, and that any near misses or safety incidents are investigated quickly, he said. "You need an open, non-threatening people environment'' where workers will willingly discuss any near-misses with out threat of retribution by management, he said. "It's also important to be timely--the trail gets cold fast so we move in quick," he said. "When there's an [incident] we'll have a safety team there Saturday afternoon following a Saturday morning accident," he said. During incident investigations, management should keep teams to an appropriate size. Ripple said. "Many times two or three is of appropriate size." he said. "Get the right people there, and let 'em do their job." Ripple repeatedly said that near misses provide compa nies with a second chance to review potential accidents. He said chemical processes often lead to many more near misses than actual explosions or fires. "Most incidents gave previous near miss warnings," he said. Scope Of The Act Schneid said one in every four workers in the United States will be protected under the law, which covers a wide range of disabled workers. It will affect nearly all work places. including private employers and labor unions. It also will affect some areas traditionally exempted from worker protection legislation, such as churches and other religious facilities, social and recreational functions, and professional symposiums. "Nearly any physical or mental limitation qualifies and about anything you can think of will almost qualify here" under the law, Schneid said. Workers who have had sub stance abuse problems in the past are somewhat protected under the legislation because the act treats former drug use as a disability as long as the employee is not currently using drugs and is in rehabilitation, Schneid said. Under the law, employers will no longer be permitted to request a pre-employment physical for prospective hires or ask questions about previous illnesses until the applicant is offered employment. "You can still test [the applicant] but only after you make an offer" of employment, Schneid said. Legislation The act prevents employers from asking for other infor mation before extending a job offer, Schneid said. For instance, employers will be prevented from asking appli LITIGATION UNDER NEW DISABILITIES LAW SEEN RELYING ON HEALTH AND SAFETY STAFF cants if they have ever filed a workers' compensation claim. Those questions may be asked during a physical examina NEW ORLEANS--(By a BNA Staff Editor)--Corporate safety and health officials should be prepared for a central tion following the employment offer but before an employer offers a specific position, he said. role in a "hotbed of litigation" expected next year when plaintiffs begin filing discrimination claims against employ Reasonable Accommodations ers under the Americans with Disabilities Act, an attorney The law also requires that employers make "reasonable told a conference Oct. 7. accommodations" for any disabled worker covered under Thomas Schneid, an associate professor and attorney at the act, Schneid said. Generally, disabled applicants cannot Eastern Kentucky University, said safety and health offi be refused a position when an employer would only have to cials should begin preparing for enormous changes in the make a "reasonable accommodation" to integrate that em workplace brought on by the new law, which he said was ployee into the workplace, Schneid said. "the most significant piece of legislation" affecting the Employers, attorneys, and plaintiffs can be expected to workplace since the Civil Rights Act and the Occupational argue the definition of "reasonable accommodation" within Safety and Health Act were approved by Congress more months of the July 1992 effective date, Schneid said. Gener than 20 years ago. ally, employers should recognize that "you don't have to Addressing a session at the National Safety Congress. modify the entire workplace" for one disabled worker under Schneid joined other speakers in predicting that, while the the new law. legislation will be far-reaching in its effects, companies can However, employers should be prepared to document a avoid litigation by preparing policies before the law takes decision against hiring a disabled worker by showing conclu- effect in 1992. ~~ sively that the worker would have endangered the safety of The disabilities law provides civil penalties for plaintiffs other workers or that modifying the workplace for the who sue employers for discriminating against the disabled, applicant would have been exceptionally costly, Schneid and will cover all employers with 25 or more workers as of said. July 26,1992, Schneid said. The disabilities law includes a provision allowing attor Employers of 15 or more workers will be covered by the neys to recover legal fees, Schneid said, which is expected to act as of July 26,1994. encourage litigation under the act. Schneid predicted that "This means you have six or eight months here to get attorneys will file between 12,000 and 15,000 claims in the prepared," he told safety and health officials at the conference. six months following the effective date of the legislation. Company safety and health officials will have a large role under the legislation, because safety and health consider ations provide one of the few exceptions to the law, Schneid Electromagnetic Fields said. For instance, employers can legally decline to hire a disabled worker if the applicant would endanger other em ployees in the workplace, he said. GROWING STUDIES LINKING ELECTRIC LINES TO CANCER IN WORKERS, CHILDREN, SPEAKERS SAY "However, the burden will fall right onto the safety person" to provide policies for determining those exceptions and the documentation needed if a plaintiff sues the employ NEW ORLEANS--(By a BNA Staff Editor)--Early stud ies linking electromagnetic fields to increased cancer rates for children and utility workers are incomplete but raise er, Schneid said. "The hotbed of litigation in the future is the safety and health exception," Schneid said. legitimate concerns, electric power researchers said at a conference Oct. 9. 10-16-91 Occupational Safety & Health Reporter 0096-3237/91 /S0+.50 VVV 000008007