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

The Intersection of OSHA and the ADA: OSHA Recordkeeping Requirements & ADA Accommodation - On-Demand

Product Code: YSWA100317D

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

Webinar now available On-Demand.

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.

Use this in-depth webinar on-demand 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:

Jordan Schwartz, Esq.Jordan Schwartz, Esq. 
Conn Maciel Carey, LLP

Jordan Schwartz is a partner in Conn Maciel Carey’s Labor & Employment Group. He advises employers on a wide range of complex employment-related issues. He defends employers against claims of discrimination and harassment, misappropriation of trade secrets, and wage and hour violations. He also counsels employers on all aspects of the employer-employee relationship.

Mr. Schwartz has particular expertise defending property owners and managers against claims brought by hotel patrons alleging lack of accessibility under Title III of the Americans with Disabilities Act (“ADA”), and routinely conducts on-site inspections of properties and modifies their policies and practices to ensure compliance with the ADA.  Mr. Schwartz also has extensive experience advising on and defending against claims under the Fair Labor Standards Act and state wage and hour laws, including issues involving minimum wage, calculation of overtime, misclassification of independent contractors, exempt status of employees, meal/rest breaks, tip pooling, automatic gratuities and service charges

Mr. Schwartz practices across a range of different industries, and has extensive expertise in the hospitality, healthcare, retail, and government contracting industries. 

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

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.

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