Injured employee returns: Is he able to work safely?
October 24, 2008 by Fred HosierPosted in: Injuries, Latest News & Views, What Would You Do?
Periodically, we ask three safety pros how they’d handle a difficult situation at work. Today’s problem: An employee returns to work after medical leave, and his ability to work safely is questionable.
The scenario:
The sheepish look on supervisor Glen Sherwood’s face told manager Mike Kelly a problem was about to be laid on him.
“You know I like to handle this stuff myself,” Glen began, “but this is a tricky situation.
“You remember Scott who was in that car accident?”
“Sure,” Mike said. “What a shame. The other car ran a red light, slammed into Scott’s car. He’s had, how many surgeries, three, four?
I understand he’s come back to work.”
“Right,” said Glen. “We’re real glad to see him. He’s a great guy who’s been through hell. But … ”
He’s slowed down a lot
“But what?” asked Mike.
“Scott can’t get around like he used to. He’s walking without the cane now, but he’s slowed down a lot. I didn’t think he could return to his old position, so I’ve got him doing some lighter stuff.
“He keeps pushing to return to his old job. It obviously means a lot to him. But I don’t think he can move quickly enough if he needed to. I don’t want something else to happen to him on the job – or worse to him and someone else.”
Mike knew a decision had to be made about whether Scott could return to his previous tasks without affecting safety.
If you were Mike, what would you do next?
Edward Gill, Jr., Safety Director, East Boston, MA
What Edward would do:
I wouldn’t just take him at his word that he’s ready to get back to work. I would send him to one of our own doctors for an examination, and have the doctor give me his opinion.
Reason:
If he’d been walking with a cane, I’m not gonna put him back on his regular job anyway. But if I say no, he might just think I’m picking on him. An outside evaluation would clear that up independently.
Eric Gislason, Vice President, Wilmington, NC
What Eric would do:
If he’s just gotten back from a serious car accident and surgery, it’s just a fact he’s going to need more time before he’s ready to get back to full duty. So after some time, I’d check up with his doctors and also get a second opinion to see where he’s at in his recovery.
Reason:
My background’s in safety, not medicine. So it’s a good policy to talk to the people who know best.
Wes Sparkman, Manager, Perryville, MO
What Wes would do:
You have to be careful that you’re not restricting a worker who’s been medically cleared. I’d follow doctor’s recommendations.
Reason:
If he’s been cleared for regular work, but we keep him on light duty, then essentially we’re treating him as a disabled employee. And that opens up a whole new can of worms.
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Tags: injured, medical leave, return to work
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November 11th, 2008 at 10:26 am
The task analysis in the worker’s job description should be reviewed by a physical medicine/rehabilitation physician. Scott can specifically demonstrate that he is able to do all of the tasks as specified in the job description.
November 25th, 2008 at 6:30 pm
I would have him evaluated by a physician familiar with the workplace and his job description. I recommend that the doctor review any prescription medications with the individual that would be taken during the workday. It is very important to make sure that employees are coming back able to do their job without injuring themselves further. Some of the prescription medications can cause people to lose their balance in the workplace – a dangerous issue around moving forktrucks and heavy equipment.
December 8th, 2008 at 2:01 pm
I have ran into this situation several times over the last couple of years with out company. A treating physician will even review and sign off on the job description. A good case in point is chest pains and heart issues. We have had an employee with these issues 3 times and every time the doctor just signs him right back to his regular duties knowing full well what he does and what is at risk. I just feel our hands are tied with cases like this.
As mentioned before I am not a doctor and certainly don’t have a right to deny an injured worker his job if a doctor is stating he/she can perform their duties.
January 28th, 2009 at 5:04 pm
I would have to fall back on the opinion of the company doctor’s evaluation of his current physical status. We would expect the doctor to use our Physical Abilities Assessment criteria that has been conducted for each work catagory or particular job.
May 26th, 2009 at 12:53 pm
If he was on disability, then i would contact the disability insurance carrier and have them further evaluate his ability to work and what if any restrictions should be considered. Depending on length of time he was out, FMLA regulations could come into play — which could govern if he should have his old position back if he has been cleared to return to work. As a couple people above mentioned, placing him on light duty without a medical reason could cause issues down the road.
May 26th, 2009 at 10:21 pm
We ran into the same issue after an employee had a heart attack. We started from that point during the pre-employment physical having a work task evaluation as a reference point. This required the prospective employee do thing associated with the position he applied for, such as climing a ladder or squating and removing several bolts from over his head. This is a service that a local occupational health clinic provides. We also run any employees through after a worker’scomp claim or an off the job injury. This gives us a medical opinion of whether or not the employee can safely perform the task his job requires. The Key is the testing is only as accurate as the testing that is done, the clinic worked with us to develop the testing regiment and we signed off on it. The added benifit is that if the employee suffers a work related injury, you have a baseline of his physical ablities. If he had a bad knee to begin with you don’t have to get him back to 100% after the injury
December 17th, 2009 at 10:42 am
I would have him evaluated by the company doctor along with a job analysis print out that details the employees’ specific requirements to determine if the employee is able to perform 100% of the duties. Additionally, I’d attach a supplemental sheet for the doctor to annotate what type of duties the employee is able to accomplish with 100% effectiveness. If the employee is able to complete a certain percentage of the work, I’d evaluate if that percentage is enough to get the job done safely and in an expeditious manner. If his performance is slowed below an acceptable standard, employing him in previous position would be at a loss to the organization. Having a supplemental sheet that dictates allowable or alternative work would allow me to reclassify the employee into a lighter duty area and still max out his contribution and minimize the loss to the organization. It is important to remember that safety trumps all, then productivity is secondary. All employees should be held to a standard. If the minimum output is 10 units an hour and he can only put out 7 units then he isn’t meeting the standard and the organization is taking a unit loss.
February 10th, 2010 at 6:05 pm
Do any of you guys use JSA’s (Job Safety Analysis). Very helpful to send with injuried employee to the doctor.
February 11th, 2010 at 11:16 am
Yes we have a Job Hazard Analysis and we update it annually. We put it in draft mode and send out to respective managers to update if they have new operations or new equipment so they can draft an analysis. We also solicit inputs from employees to see if there are better or safter ways to get things accomplished.
August 6th, 2010 at 8:41 am
My concern would be cercumventing the Doctor’s order’s without reasonable cause to do so. I would allow the person to return to his/her normal duties while ensuring that the employee is closely observed by one of our management staff/supervisor, crew leader, etc. Should the returning employee be noted having issues performing any tasks that may be related to the injury suatained initially, then, I believe we would have reasonable cause to have the employee seen by a company doctor for a fit for duty etc. Note: According to the job’s physical demands, even when an employee of ours returns from vacation or an non injury/illness extended leave of absence we still accimate our employees slowly back to full work status?