Reasonable accommodation and a collective bargaining agreement

[copper_queen]

What is the name of your state (only U.S. law)? Montana

This is about a public (county) employee who recently was diagnosed with diabetes and complications from his diabetes. The employee is covered under a collective bargaining agreement. He has asked for a modified work shedule of day shifts only while all other employees in his division rotate on shifts. I understand this is a reasonable accommodation covered by the ada. However, the supervisor of the division has mandated that the diabetic employee can not work alone and must have another operator with him at all times in the event he has an "episode" and may need an insulin injection. The other employees are not trained to provide health care such as injections and feel uncomfortable doing so. Is it allowable for the supervisor to make such a rule? Or is having a co-worker around to monitor you and give an emergency injection as needed considered a reasonable accommodation? The county (employer) does not seem to think it is an undue hardship to do this, so they are willing to allow it. The operators want to know if they can refuse to do this? Also, can the county create (make a new position) for the disabled employee? I understand if there is another position available, they would likely have to give it to the disabled employee if he is qualified (under ADA) but how does this work with collective bargaining agreements and seniority of other workers? Thanks for your help.

 

[cbg]

CAN they create a new position for him? Sure they can.

Are they REQUIRED to create a new position for him? No, the ADA does not require that. Nor does the ADA require that the company override a genuine seniority system or collective bargaining agreement to put him into a position that otherwise would have gone to another.

 

[justalayman]

I cannot see even being able to require a co-worker to inject another as it brings about liability issues but I see nothing wrong with requiring a co-worker be assigned to work with the diabetic to be able to contact emergency services if needed. If the employer is willing to create a two man team with that understanding, I don't see an issue.

 

[beldindaschild]

I cannot see even being able to require a co-worker to inject another as it brings about liability issues but I see nothing wrong with requiring a co-worker be assigned to work with the diabetic to be able to contact emergency services if needed. If the employer is willing to create a two man team with that understanding, I don't see an issue.

My family had a similar problem and we contacted the JAN job accomodation network. They can help you understand the law and the process and are very kind and non-judgmental. If you wish to pm me I can send you the number or link. It is part federally funded program and available to assist you with some info at no charge. They are a blessing truly.