Meeting Archive:
OSHA and the ADA: How Two Labor Laws Align and Diverge


Meeting Description:

OSHA and the ADA: How Two Labor Laws Align and Diverge

Tuesday, December 4, 2018 at 1 PM ET

Presented by Jordan B. Schwartz and Lindsay A. DiSalvo

OSHA guidance states that “if an employee can perform their job functions in a manner which does not pose a safety hazard to themselves or others, the fact they have a disability is irrelevant.”  Although OSHA portrays this policy as straightforward, in practice, it can be difficult to determine when and how to accommodate a disability under the Americans with Disabilities Act, while also protecting the safety of the disabled employee and his or her co-workers.  This assessment can be further complicated when the employer is unaware a disability may cause or contribute to a workplace safety issue.  The importance of understanding the laws at play in this context has increased, and will continue to increase significantly, due to the aging workforce, and the unique challenges these types of workers may face.

The ADA also requires that medical information related to a disability be kept confidential, yet OSHA mandates certain information be provided when recording injuries and illnesses for OSHA Recordkeeping.  A disability may also impact whether and how an injury is recorded.  Likewise, both the ADA and OSHA regulations impact an employer’s ability to drug test employees and what it can do with information from a drug test.  Therefore, it is critical for employers to understand the intersection between the ADA and OSHA.

During this webinar, participants will learn:

  • Requirements related to ADA disability accommodation, and how to evaluate an accommodation in the context of legitimate safety concerns
  • How to address unsafe conditions or performance related to an employee disability
  • Best practices to foster safety in the context of an aging workforce
  • ADA and OSHA compliant responses to suspected employee drug or alcohol use
  • Injury and illness recordkeeping practices related to employee disabilities
Details
Date: Tue, Dec 4, 2018
Time: 01:00 PM EST
Duration: 1 hour 15 minutes
Host(s): Jordan Schwartz and Lindsay DiSalvo
 Presenter Information
Jordan Schwartz
Speaker Photo

Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship.

Mr. Schwartz works to create workplace solutions for his clients across all industries. He 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. He 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, Mr. Schwartz provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act.


Lindsay DiSalvo
Speaker Photo

Lindsay A. DiSalvo is an associate in both Conn Maciel Carey LLP's national OSHA • Workplace Safety Practice Group and Labor and Employment Group, where she focuses her practice on all aspects of occupational safety & health law.  Ms. DiSalvo represents employers in inspections, investigations and enforcement actions involving OSHA, the Chemical Safety Board, MSHA, EPA and state and local safety related agencies.  She also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations.

For more information about our OSHA Practice Group, visit the OSHA Practice page on our website.  Also, check out our OSHA Defense Report blog.


For more information about our Labor & Employment Practice Group, visit the Labor & Employment Practice page on our website.  Also, check out our Employer Defense Report blog.

 

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