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The Intersection of OSHA and the ADA: How to Satisfy OSHA Recordkeeping Requirements and ADA Accommodation Requests

The Intersection of OSHA and the ADA: How to Satisfy OSHA Recordkeeping Requirements and ADA Accommodation Requests

Product Code: YSWA100317

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The Intersection of OSHA and the ADA: How to Satisfy OSHA Recordkeeping Requirements and ADA Accommodation Requests

Live Webinar: Tuesday, October 3, 2017

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 navigate the intersection of OSHA and the ADA and comply with recordkeeping requirements, address accommodation requests, and legally discipline for safety infractions.



Like it or not, compliance with regulations in one area of the law may open you up to potential liability in another. That is one of the challenges employers face when they attempt to comply with the safety regulations promulgated under the Occupational Safety and Health Act (OSHA) and meet the requirements of the Americans with Disabilities Act (ADA) regulations.

For example, 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 may have a duty to work toward a reasonable accommodation instead of showing him the door. The mistake is understandable, but it can be costly – in your attempt to improve safety, you’ve gone and made a case for the ADA to step in.

Also, the manner in which an injury or illness is recorded or how an investigation for recordkeeping purposes is conducted might leave an organization vulnerable to disability discrimination claims if it wasn't careful to protect the disabled worker's privacy rights.

Join us for an in-depth webinar on October 3 when our presenters—skilled OSHA and labor and employment attorneys—will review employee accommodation requirements under the ADA, strategies to make sure both safety programs and ADA policies and procedures are aligned in areas such as return-to-work, drug and alcohol use, and modified work, and legal approaches for compliant OSHA recordkeeping.

You'll learn:

  • What the ADA requires for disability accommodation—and how to balance your legal obligations against legitimate safety concerns
  • What to do when you suspect a protected health condition is a factor in an employee’s poor safety performance
  • How the ADA can affect your return-to-work and modified duty policies and procedures
  • What factors an employer should consider in developing a disciplinary program for safety infractions
  • How to handle the tricky issue of employee drug and alcohol use in an ADA-compliant manner
  • How to ensure compliant injury and illness recordkeeping while addressing the privacy rights of employee's
  • And more!

About Your Presenters:

Kara M. Maciel, Esq.Kara M. Maciel, Esq.
Founding Partner and Labor & Employment Practice Group Chair
Conn Maciel Carey LLP

Kara Maciel is a founding partner of Conn Maciel Carey and Chair of the firm’s national Labor & Employment Practice Group. She focuses her practice on representing employers in all aspects of the employment relationship. Ms. Maciel works to create workplace solutions for her clients across all industries. She defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. She advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. When relevant, Ms. Maciel provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act. Ms. Maciel counsels employers on how to develop lawful strategies to comply with the Affordable Care Act (ACA).

Ms. Maciel pays special attention to the issues facing companies in the hospitality (including hotel owners and managers, resorts, restaurants, spas, country clubs, golf clubs, and fitness clubs); retail; grocery; food and dairy distribution; healthcare; trade association; and non-profit sectors.


Lindsay A. DiSalvo, Esq.Lindsay A. DiSalvo, Esq.

Associate
Conn Maciel Carey LLP

Lindsay DiSalvo is an associate in the Washington, DC office of Conn Maciel Carey LLP. Ms. DiSalvo represents and advises employers in all aspects of the employer-employee relationship including wage and hour disputes, claims of employment discrimination, and compliance with the Americans with Disabilities Act. Ms. DiSalvo also reviews and revises employee handbooks and workplace policies and procedures.

In addition, Ms. DiSalvo represents employers during inspections and investigations conducted by the federal Occupational Safety and Health Administration (OSHA) and state OSHA programs, and handles the full range of OSHA litigation, from citation contests to administrative hearings. Ms. DiSalvo also advises and counsels employers in responding to notices from OSHA about employee complaints of safety hazards, and helps review and develop safety policies, programs, and procedures.

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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