Workplace Injury Prevention and Disability Accommodation

As members of the health and wellness industry, we have a vested interest in setting organizations and individuals up for optimal well-being, including those who may require workplace accommodations. Injuries and sicknesses resulting in disability and, potentially, time away from work require employers to develop a disability management process. The employer’s role has evolved over time and includes collaborating with employees to solve problems and determine the best way to help them safely and effectively return to work.

Of course, safety measures should be put in place to help organizations and employees avoid incidents that create time away from work. In order to ensure workplace wellness and avoid debilitating illness or injury, we must first focus on prevention.

Injury Prevention

As the Occupational Safety and Health Administration (OSHA) states, “a safe workplace is sound business.” It is recommended that, in addition to ongoing wellness initiatives, organizations should have health and safety strategies in place to prevent workplace injuries, illnesses and deaths. Traditional safety approaches are often reactive, addressing problems only after injury or illness occurs. A proactive approach should be taken instead, with a goal of finding and fixing hazards before they cause harm.

Implementing these recommended practices also brings other benefits, including helping businesses with the following:

• Staying compliant with OSHA laws and regulations
• Reducing costs
• Engaging workers
• Enhancing social responsibility
• Increasing productivity.

OSHA identifies seven core elements that make up a successful health and safety strategy.

1. Management Leadership
   • Leadership must be committed to the vision and resources needed to implement an effective strategy.
2. Worker Participation
   • Workers should be involved in establishing, operating, evaluating and improving the initiative. All workers at a worksite should participate, including those employed by contractors, subcontractors and temporary staffing agencies.
3. Hazard Identification and Assessment
   • One of the root causes of workplace injuries is the failure to identify or recognize hazards that are present or could have been anticipated. Initiatives must have a proactive, ongoing process to identify and assess such hazards.
4. Hazard Prevention and Control
   • Effective controls protect workers from hazards; help avoid injuries, illnesses, and incidents; minimize risks; and help employers provide safe and healthy working conditions.
5. Education and Training
   • Education and training are important tools for informing workers and managers about workplace hazards and controls. Training also provides a greater understanding of the program so employees can contribute to its development and implementation.
6. Program Evaluation and Improvement
   • Once a strategy is established, employers should periodically assess what is working and what is not and whether the program is on track to achieve its goals. Sharing results and celebrating successes can help drive further improvement.
7. Communication and Coordination

• Effective communication and coordination among employers means that, before coming on site, contractors, staffing agencies and their workers are aware of initiative guidelines and are prepared to work safely, without incident.

Unfortunately, despite best efforts, injuries can (and do) happen. In that case, it is important to provide the proper accommodation for disabled workers.

What Is an Accommodation?

According to the Americans with Disabilities Act (ADA), “a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.” Most importantly, accommodations are case-specific and will vary depending on each situation and the needs of the employee.

Examples of reasonable accommodations are:

• Modified work schedules
• Alternative duties or a reduction in duties
• Lifting limitations
• Modified equipment
• Making physical changes to the workplace (e.g., installing a ramp)
• Allowing a service animal in a business
• Using assistive technology or specific computer software.

What Is the Duty to Accommodate?

The Canadian Human Rights Act (CHRA) establishes that every person has an equal opportunity in the workplace to be free from discrimination. It’s a legal obligation for employers to accommodate employee disabilities that do not create undue hardship to the employer. Some disabilities might be due to situations that are not readily apparent, such as chronic pain, substance use disorders, mental health issues or sicknesses like cancer.

Best Practices for Employers

In both the U.S. and Canada, there have been numerous legal cases about employer responsibilities for accommodations. These serve as reminders that compliance is not a one-size-fits-all approach.

Best practices for employers include:

• Developing an interactive process that provides for clear communication between employers and employees
• Using an individualized approach
• Documenting a process for recordkeeping
• Training and educating managers and staff
• Determining consistent policies and procedures
• Regularly reviewing and evaluating the process
• Understanding confidentiality requirements.

Additional Resources

• Recommended Practices for Safety and Health Programs
• Benchmark 6: Cultivate Supportive Health Promoting Environments, Policies and Practices Toolkit
• Canadian Association for Supported Employment Toolkit
• Canadian Human Rights Commission: Developing a Workplace Accommodation Policy – A Template for Federally Regulated Employers
• Canadian Human Rights Commission Workplace Accommodation Guide
• Americans with Disability Act (ADA) Accommodations
• Job Accommodation Network: Accommodation Topics
• Job Accommodation Network: What to Include in Your ADA/Accommodation Toolkit

“Developed by International Foundation Information Center staff. This does not constitute legal advice. Please consult your plan professionals for legal advice.”

A version of this blog was initially published by the International Foundation for Word on Benefits.

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  Rebecca Plier

  PR/Communications Specialist

  IFEBP

  Favorite Foundation Product: The Talking Benefits podcast! What an engaging way to get timely benefits insights.

  Benefits-related Topics that Interest Her Most: Mental health, diversity, equity and inclusion, and workplace wellness.

  Personal Insight: When Rebecca isn’t diving headfirst into the world of benefits, she enjoys organizing her monthly book club and expanding her vinyl record collection.