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ADA vs. Safety: How to Ensure that Your Safety Policy Doesn’t Undermine Obligations to Make Disability Accommodations

ADA vs. Safety: How to Ensure that Your Safety Policy Doesn’t Undermine Obligations to Make Disability Accommodations

Product Code: YSWA022019

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ADA vs. Safety: How to Ensure that Your Safety Policy Doesn’t Undermine Obligations to Make Disability Accommodations

Live Webinar: Wednesday, February 20, 2019

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific

WEBINAR SNAPSHOT: Learn how to develop a safety plan that is OSHA- and ADA-compliant, comprehensive, and cost-effective.

Balancing your organization’s safety requirements with ADA regulations is a challenge many employers face, especially when adhering to regulations in one area may put you into direct conflict with another set of regulations. 

Let’s say you terminate an employee who has consistently failed to operate his forklift in a safe manner despite repeated warnings and training. What you may not know is that a protected medical condition is behind his poor performance. This means you have a duty to work toward a reasonable accommodation instead of showing him the door. The mistake is understandable, but it's one that can cost your organization dearly.

It’s possible to develop an effective and comprehensive program that addresses the requirements of both ADA law and OSHA regulations, but it requires serious planning.

Join us on Feb 20 when Adele Abrams, a seasoned safety attorney, will provide you with an understanding of employee accommodation requirements under ADA, strategies to make sure both the safety and ADA programs are aligned in areas such as return-to-work, drug and alcohol use, and modified work, and legal approaches to consider when things get complicated. Plus, she’ll go over the direct threat analysis to conduct when determining whether medical marijuana usage should be permitted or creates a safety hazard.

You’ll learn how to: 

  • Evaluate recent changes to the ADA that have increased your accommodation obligations
  • Decide what to do when you suspect a protected health condition is behind an employee’s poor safety performance
  • Assess how the ADA can affect your return-to-work and modified-duty policies and procedures
  • Determine when it is a good idea to call in outside counsel rather than trying to handle a potentially explosive situation on your own
  • Handle the tricky issue of employee drug and alcohol use in an ADA-compliant manner
  • Evaluate best practices for meeting requirements for such programs as modified work, return to work, and substance abuse
  • Handle medical marijuana in the workplace under the ADA direct-threat-to-safety analysis


About Your Presenter:

Adele AbramsAdele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams PC

Adele L. Abrams is an attorney and Certified Mine Safety Professional who is president of the Law Office of Adele L. Abrams P.C., a multi-attorney firm with offices in Beltsville, MD, Denver, CO, and Charleston, WV. She represents employers in OSHA and MSHA litigation nationwide, and provides employment and safety law consultation, safety audits, industrial hygiene assistance, and training services to employers.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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