Safety and OSHA News

Disability discrimination or he couldn’t safely do job? Court decides

An employee says he was discriminated against because of a disability. His employer says an analysis showed he couldn’t do the job safely. How did a court rule?  [Read more…]

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Did company discriminate by requiring trucker be screened for sleep apnea?

This company required its truck drivers with Body Mass Indexes (BMIs) of 35 or greater to be screened for obstructive sleep apnea. Did that violate the Americans with Disabilities Act (ADA)?  [Read more…]

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Morbidly obese applicant denied job due to safety: Is that discrimination?

A company withdrew its conditional job offer to a morbidly obese applicant because its policy was not to hire someone for a safety-sensitive position if their body mass index (BMI) is 40 or more. Did a court agree with the applicant that this violated the Americans with Disabilities Act (ADA)?  [Read more…]

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Can deaf worker safely drive forklift? Court weighs in

Here’s a tough call to make: A deaf employee drove forklifts safely on a daily basis for years. Then, a corporate policy said he could no longer do that for safety reasons. Do you bar him from operating forklifts? And what did a court have to say?

[Read more…]

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Are employee screens for prescription drugs illegal?

It’s back to a trial court in a lawsuit against a manufacturing company’s employee screens for prescription medications. The company said it was only screening for meds with warnings about operating machinery. Employees say the tests violated federal law.  [Read more…]

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Invisible risks that are impacting safety

New research shows many employees with invisible disabilities don’t disclose them to their employers, and this impacts the safety of the worker, co-workers and even the public.  [Read more…]

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Did loss of vision in one eye make job applicant a safety risk?

A man became essentially blind in one eye. Could he safely become an FBI Special Agent? The case was heard before the U.S. Equal Employment Opportunity Commission (EEOC). [Read more…]

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Employee wins $100K over allergy to co-worker’s perfume

An employee who said a co-worker’s perfume made her throat “close a little” will receive $100,000 from her employer in a settlement. The company will also have to enact a new policy on personal scents. [Read more…]

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Is violent worker protected from firing by disability law?

handicap

A diabetic employee can’t control his hypoglycemic episodes. In recent episodes, he’s become disoriented around dangerous equipment and threatened violence against co-workers. Can you fire him for safety reasons, or is he protected under disability law? [Read more…]

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Can employer deny overtime to worker on light duty?

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Blanket policies barring employees on light or limited duty from working overtime violate the Americans with Disabilities Act, according to the Equal Employment Opportunity Commission. [Read more…]

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