Americans with Disabilities Act and Safety

There is no problem of human nature which is insoluble. 

The purpose of law is to prevent the strong always having their way. 

Acquire an understanding of the requirements of the Americans with Disabilities Act. 

Identify the interaction of the ADA and the safety function in private sector organizations. 

One of the more extensive laws that can have a definite impact on the safety function is the Americans with Disabilities Act (ADA). In a nutsheU, the ADA prohibits discriminating against qualified individuals with physical or mental disabilities in all employment settings. For safety professionals, the areas of workers compensation, restricted duty programs, facility modifications, training, and other safety functions are often where the safety function and the ADA may intersect and create duties and responsibilities for the safety professional as well as potential liabilities for the company or organization. 

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These laws include the Civil Service Reform Act, Immigration Reform and Control Act, Executive Order 11246, certain sections of the Americans with Disabilities Act and Civil Rights Act of 1964, Family and Medical Leave Act, Occupational Safety and Health Act, and sections of the Rehabilitation Act, Social Security Act, Fair Labor Standards Act, and workers compensation law. 

Maintenance leaders must maintain the technical knowledge and experience to support compliance with all state and federal regulations under OSHA, USEPA (Clean Air Act), the U.S. Department of Transportation, and the Americans with Disabilities Act. The issue of indoor air quality must receive constant attention to eliminate potential problems. Maintenance must work closely with other staff groups in the organization, such as quality and safety, to provide a totally integrated and mutually supportive approach to regiflatory compliance. 

Safety and loss prevention professionals should consider an inquiry into tax credits or deductions as part of the development phase of any program. If safety and loss prevention professionals do not perform such searches, they may be passing over cost savings that may justify acceptance of a specific program. For example, safety and loss prevention professionals are often responsible for compliance with the new Americans with Disabilities Act (ADA). Tax credits and deductions are often available to eligible companies for certain expenses incurred in the process of achieving and maintaining compliance ... 

Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendment Act (ADAAA) The ADA and ADAAA provide protection against discrimination based upon disability. This law often impacts the safety and health function in the areas of accommodation and within the defense categories. 

The third theory of discrimination that safety professionals should be aware is that of Failure to Accommodate. This theory is especially pertinent for safety professionals under the Americans with Disabilities Act. The Failure to Accommodate theory comes into play for safety professionals when their company is required to accommodate a qualified individual with a disability, a religious practice, or other protected activity and the company fails to accommodate the individual s disability. 

Ontside of the Occupational Safety and Health Act, the Americans with Disabilities Act (ADA) often impacts and intersects with the safety function more than any other law. It is important that safety professionals acquire a working knowledge of the ADA as well as key areas in which the ADA and safety function may intersect in order to be able to recognize when the ADA may be applicable to the situation. Safety professionals should be able to recognize when a potentially qualified individual is requesting an accommodation and appropriately address the situation appropriately in order to comply with the ADA. Within the safety function, the ADA can impact and intersect in the areas of workers compensation, restricted duty programs, facil-... 

I) FMCSA also gathers information on compliance with applicable household goods and Americans with Disabilities Act of 1990 requirements, but failure to comply with these requirements does not affect the determination of the adequacy of basic safety management controls. 

I There are many issues that evolve out of the human resources (HR) arena that safety professionals either will be responsible for or else need to provide insight or guidance so the company can remain in compliance. This chapter will cover those issues, such as the Family and Medical I Leave Act, Americans with Disabilities Act, drug testing, and teen worker safety, from the... 

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