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10lb lifting restriction Pennsylvania

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  • 10lb lifting restriction Pennsylvania

    My doctor, (the only one who I can actually hold a conversation in English with), wants me to have a 10lb lifting restriction. What effects will this have on my job? Do they (my employer) have to abide by this? Or can they tell me that they can not accomadate this and terminate me?

    I can do my job if I do not have to carry 20 and 30 and 40 pd boxes to give to clients. It is not all the time I have to do this, but it is often enough where I do have problems when the time comes. Some times if I ask one of my boss's to make them dissapear they will, but it seems like I am being a pain in their *** over it.

    Just wondering what the repercussions would be if my employer says "no" they can not accomadate this resriction. I want to keep the job I have but I also would like for them to help me out with the lifting part of it. The surgeon who did the 3 operations said no more surgerys on my neck. But did not get into any details and would not write any restrictions.

    Thanks to any one wiling to help and have a nice day!!!! Appreciate all the helpful advise that comes from this site and the people here. Especially one person inparticular.

  • #2
    Is this a permanent or temporary restriction?

    Comment


    • #3
      The question then becomes, is lifting 10 lbs or more an essential function of your position?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        It will be up to the company if they can accomodate your restrictions. If they cannot, they can terminate your employment.

        No one here can say which way it will go. I have had restrictions I have been able to accomodate and some that I have not been able to accomodate.

        One employee had a 5lbs restriction and he was in maintenance. I told his manager "my pocketbook weighs more than that". We actually accomodated the restriction for a short time until he had to go out on leave again.

        Comment


        • #5
          Not the question, but in the 1980s I worked for a large manufacturing company that was generating a huge number of back related disability claims. The company spent some serious money putting small jib cranes and loading benches, plus serious training in how to lift and back support gear for the workforce. We had a bunch of shop employees who mostly looked like over the hill NFL types wearning safety girdles and using jib cranes to handle small items. Looked silly as could be imagined.

          The thing is, it worked. WC claims dropped by something like 80% over two years. The company had previously fought this, and was basically dragged kicking and screaming into the solution by our WC carrier.

          Makes one think. It is also yet one more thing that made me seriously question the expertise of the so-called "professionals" who run manufacturing facilities.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            The ADA requires that an employer make reasonable
            accommodation to the known physical or mental limitations of an
            otherwise qualified individual with a disability, unless the
            employer can demonstrate that the accommodation would impose an
            undue hardship. The general principles regarding reasonable
            accommodation and undue hardship are discussed in the
            Commission's ADA regulations and interpretive guidance (29 C.F.R.
            §§ 1630.2, 1630.9 and Appendix (1995)), and in the
            Technical Assistance Manual at 3.0, 8 FEP Manual (BNA) 405:6998
            (1992). This section provides specific guidance regarding
            reasonable accommodation in the context of workers' compensation.
            I think you would first have to determine if you have a qualifying ''disability'' under ADA/EEOC definition.
            Not all industrial injury/illness are disabilities under ADA.
            1. Does everyone with an occupational injury have a
            disability within the meaning of the ADA?

            No. Even if an employee with an occupational injury
            has a "disability" as defined by a workers' compensation statute,
            s/he may not have a "disability" for ADA purposes.

            The ADA defines "disability" as: (1) a physical or
            mental impairment that substantially limits a major life
            activity, (2) a record of such an impairment, or (3) being
            regarded as having such an impairment. Impairments resulting
            from occupational injury may not be severe enough to
            substantially limit a major life activity, or they may be only
            temporary, non-chronic, and have little or no long term impact.
            There is a Q&A on ADA and reasonable accommodation, along with returning to work post injury/illness...http://www.eeoc.gov/policy/docs/workcomp.html
            Also know that the restrictions place on your by your Dr are on you, not your employer, or the job you perform.
            28. A policy of creating light duty jobs for employees when
            they are occupationally injured in some instances may
            disproportionately exclude a class of individuals with
            disabilities. Where this is established by appropriate evidence
            of adverse impact, an employer must show that the policy is job-
            related and consistent with business necessity. Similarly, where
            such a policy has a disparate impact on a protected class under
            Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
            §§ 2000e-2000e-17 (1994), or the Age Discrimination in
            Employment Act of 1967, 29 U.S.C. §§ 621-634 (1994),
            the employer must show that the policy is job-related and
            consistent with business necessity. (emphysis/italics added)
            You cannot expect any employer to change the job description to fit your restrictions.
            By the same token, you should not be making application for a job that is outside your restrictions.

            Comment

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