Biomedical Engineering Reference
In-Depth Information
condition” is defined as an illness, injury,
impairment, or physical or mental condition
that involves inpatient care or continuing treat-
ment by a healthcare provider.
37
Some states
have analogous provisions, some of which are
more generous than the federal law.
a. Does FMLA cover an employee who is an
asymptomatic patient subject to quarantine
or isolation?
b. Does FMLA cover an employee's family
member who is an asymptomatic patient
subject to quarantine or isolation?
c. Would a major emergency requiring the
participation of all available personnel
potentially excuse noncompliance with
FMLA, except for those employees with
absolute medical needs?
3.
Americans with Disabilities Act
(ADA).
38
The
ADA creates a variety of duties applicable to
employers with regard to disabled employees.
It prohibits discrimination against individuals
with disabilities who are otherwise quali-
fied for a job, and it limits pre-employment
inquiries. A “disability” is defined as “a phys-
ical or mental impairment that substantially
limits one or more of the major life activi-
ties of such individual.”
39
The ADA applies to
employers with fifteen or more employees, and
is enforced by the federal Equal Employment
Opportunity Commission (EEOC).
40
Health-
care organizations and others must consider the
following issues in an emergency, given the
nature of an institution's physically impaired
employees for whom it might previously have
provided an ADA accommodation.
F. Statutory and Regulatory
Considerations
As part of their emergency-management planning,
organizations should evaluate the implications of
the following laws and regulations.
1.
Occupational Safety and Health Act
(OSHA).
32
OSHA applies to most private-
sector employers. It is enforced by the
Occupational Safety and Health Adminis-
tration (also known as OSHA) within the
U.S. Department of Labor (DOL).
33
The Act
contains a “General Duty Clause” requiring
employers to furnish a place of employment
free from recognized hazards likely to cause
death or serious physical harm. OSHA sets
work-place standards for safety and for
various toxic/chemical exposures.
a. Does the emergency present a hazardous
working condition triggering OSHA obli-
gations and attendant employee protec-
tions? (In some circumstances, employees
are permitted to refuse to work in the face
of real danger of death or injury.)
b. Has OSHA promulgated guidelines for
diseases, toxic or chemical exposures, or
similar health hazards involved in the
emergency?
34
Are any such guidelines
being contemplated?
2.
Family and Medical Leave Act
(FMLA).
35
The
FMLA requires employers with fifty or more
employees to allow eligible employees to take
up to twelve weeks of unpaid leave in a twelve-
month period for a serious health condition
(among other reasons).
36
A “serious health
32
Occupational Health and Safety Act of 1970, 29 U.S.C. § 651 (2004).
33
For a further discussion of the Occupational Health and Safety Administration, see Occupational Health and Safety Admin, U.S.
Dep't of Labor,
at
www.osha.gov (last visited Sept. 25, 2004).
34
See
Occupational Health and Safety Admin., U.S. Dep't of Labor, Information Regarding Severe Acute Respi-
ratory Syndrome (SARS) (establishing guidelines for healthcare workers, laboratories, and airlines dealing with SARS),
at
www.osha.gov/dep/sars/index.html (last visited Sept. 14, 2004).
35
Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 (2004).
36
Id
. §§ 2611-2612.
37
Id
. § 2611.
38
Americans with Disabilities Act, 42 U.S.C. § 12101 (2004).
39
Id
. § 12102.
40
Id
. § 12111.
