The Ergonomic Evaluator’s ADA Title I Training
The objective of this course is to add tools and skills to your professional toolbox as you prepare to contribute to the discussion and resolution of ADA Title I situations experienced by the employers in your current and growing practice.
The conversation may include questions about an OSHA 300 Log entry as a trigger for reasonable accommodation coverage of a worker. It may concern a company’s need to document the cost behind a denial of a request for accommodation. New requests for your services will involve your application of accepted risk evaluation tools to survey work tasks that are essential to a job for which the employer intends to institute post-offer testing.
Ergonomic evaluation specialists are ideally situated to add immediate value to the services they offer by combining ergonomic evaluation skills with new knowledge of the requirements of Title I (Employment) of the Americans with Disabilities Act (ADA). On an ongoing basis, employers seek valid answers to questions about the physical demands and inherent risks of job tasks in order to remain in compliance with Title I. Your knowledge of accepted work measurement techniques in combination with new knowledge of such subjects as reasonable accommodation, direct threat, and essential function task statements supports employer compliance.
This course uses a variety of printed and digital media. In addition to 6 self-paced online training modules, the topics covered in this course are supported by a 60-plus page course manual with slides, forms, and case studies. In addition to the manual each student receives a copy of “The Americans with Disabilities Act – Title I Case Reference Document”. This resource includes a copy of ADA Title I, a compendium of federal court and EEOC settlement documents pertaining to employment testing “do’s and don’ts”, and an important discussion of “Undue Hardship” published in the Fordham Law Review by author Julie Branfield. (see: Julie Brandfield, Undue Hardship: Title I of the Americans with Disabilities Act, 59 Fordham L. Rev. 113 (1990). Also available at http://ir.lawnet.fordham.edu/flr/vol59/iss1/4).
The case reference document is updated from time-to-time with relevant cases or citations. The updated document is distributed to each student who has participated in a training program and whose contact information is up-to-date in our database. So although you will notice some duplication of federal cases in both documents, this is done so that you have a complete set of precedent setting materials in one binder rather than having to look back at the course binder in order to find a reference.
The Ergonomic Evaluator’s Focus
- Focus on the Task
- Focus on the Job
- Focus on the Group
- Focus on the Individual
Entering the World of ADA Title I – The Core Concepts
- The phases of employment – you must know the four phases
- Title I is blind to the source of injury or disease
- The Qualified Individual
- Essential function v. lifting or carrying
- The OSHA 300 Log and ADA Title I connection
- Writing essential function statements: what you need to know
- The Essential Function Job Analysis Report
- Reasonable Accommodation
- Quantifying undue hardship through design analysis
- Quantifying the “reasonable” in “Reasonable Accommodation”
- Using ergonomic tools to assess failed or unsafe reasonable accommodation solutions
- “Failure to Accommodate” – your role as a key player in avoiding costly fines and settlements