On Tuesday, December 4, 2018 at 1 PM Eastern, join Jordan B. Schwartz and Lindsay A. DiSalvo of the law firm Conn Maciel Carey for a complimentary webinar: “OSHA and the ADA: How Two Labor Laws Align and Diverge.”
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.” But under the Americans with Disabilities Act, it can be difficult to determine when and how to accommodate a disability while also protecting safety of disabled employees and their co-workers. This assessment is further complicated when employers are unaware a disability may cause or contribute to a workplace hazard. It is important to understand the law in this context, especially due to America’s aging workforce.
The ADA also requires medical information related to a disability be kept confidential, yet OSHA mandates certain information be provided on OSHA injuries and illness recordkeeping Logs. A disability may also impact whether and how an injury is recorded. Likewise, both the ADA and OSHA rules impact employee drug testing and handling drug test information. Therefore, it is critical for employers to understand the intersection between the ADA and OSHA.
During this webinar, participants will learn: Continue reading
On August 16, 2016, Jordan B. Schwartz, Eric J. Conn, and Lindsay A. Smith, of Conn Maciel Carey’s national Labor and Employment Practice and OSHA Practice, presented a webinar regarding Joint Employer, Multi-Employer, Contractor and Temp Employment Law and OSHA issues.
Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify a worker as a temporary worker or independent contractor, that does not mean the Department of Labor takes the same view. Recently, DOL has been vocal about its belief that most workers should be treated as employees, insinuating that in a majority of cases, it would hold employers accountable for the specific obligations of an employer-employee relationship. Additionally, employers may have certain employment law and OSHA related obligations and potential liability depending on their role at multi-employer worksites or in joint employer situations.
Overall, DOL has been cracking down on employee misclassification and division of responsibility among multiple employers; thus, it is essential for employers to carefully evaluate the employment relationship and their own individual function at in the multi-employer context.
Participants in the webinar learned: Continue reading