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Labor
BY RICHARD ALANIZ

Balancin
g act

meatpoultry@sosland.com

A

ccording to a study by the Center
for Injury Research and Policy

of The Research Institute at Nationwide Children’s Hospital and The Ohio
State Univ., disabled workers are more
than twice as likely to suffer an occupa-

• Take a fresh look at the working en-

the variables. This includes the type

tional injury as non-disabled workers.

vironment – Some jobs present obvi-

and level of disability of the job ap-

To ensure a safe workplace while

ous risks for all employees, disabled or

plicant or employee and the specific

fully complying with the Americans

not. Some less obvious risk factors for

demands of each job.

with Disabilities Act, employers need

disabled employees can include poor

• Develop a dialogue – Under the

to understand their rights and respon-

lighting and narrow hallways. Em-

ADA, when employees request a rea-

sibilities, as well as the rights of job

ployers should review all their work-

sonable accommodation, managers

applicants and employees.

spaces to see what can be improved

and supervisors need to approach the

to make the workplace safer for dis-

conversation with an open mind and

abled workers.

try to work with the employee to find a

Employers can consider safety issues when hiring, but they must tread
carefully to ensure they are acting le-

• Train…and train some more –

solution that is acceptable to everyone.

gally. According to the EEOC, the

When faced with issues involving

• Plan for the unexpected – Safety

ADA “expressly permits” employers

ADA claims and reasonable accom-

can be compromised during day-to-

to set qualification standards that will

modations, companies need consistent

day routines, but emergency situations

exclude individuals who pose a direct

policies and approaches and thorough

can represent safety challenges for any

threat to the health or safety of them-

training so that everyone understands

employee; this can be particularly true

selves and others, if a reasonable ac-

their roles and the company’s expec-

for employees with disabilities.

commodation cannot lower the risk

tations. Along with training, employ-

• Write everything down – Docu-

to an acceptable level.

ers should encourage all employees

mentation is the key to maintaining

To avoid complications that can be

to escalate concerns and questions

consistent policies.

associated with hiring people with dis-

around disability matters. The com-

Workers and employers want a safe

abilities, consider these points:

pany should identify exactly who to

workplace, and the government wants

• Take a group approach – Getting

direct questions to, and that person

to ensure that disabled employees have

a handle on the topic should involve a

or those people should be easily ac-

opportunities to work. In order to do

wide range of groups within the com-

cessible and responsive.

so, companies need to understand

pany, including legal counsel, HR,

• Forget the one-size-fits-all ap-

risk assessment, accident prevention,

proach – When considering wheth-

training and anyone who has hiring

er a disabled worker would present

or oversight authority, as well as out-

a safety hazard for a particular posi-

side experts, including legal counsel.

tion, companies should examine all

their obligations under all the relevant regulations. ■
Richard Alaniz is senior partner at Alaniz and
Schraeder, a national labor and employment
firm based in Houston.

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