Biomedical Engineering Reference
In-Depth Information
a. Do the individuals need any special consid-
erations in ensuring that they:
•
Are located properly at the beginning
of an emergency;
•
Can go to (or be brought to) a staging
area for contribution to the response;
•
Contribute to the response, and not
somehow get in the way of it; and
•
Can safely return to their offices (and
responsibilities), and/or home, after the
response?
b. Would it constitute disability discrimina-
tion to fire an employee kept out of work
due to quarantine or isolation? Does such a
decision depend on the employee's disease
condition?
c. Do any of the organization's employees
have a disability that will require special
assistance in the event of an evacuation? Is
the organization's evacuation plan consis-
tent with the needs and special require-
ments of each of its employees and medical
staff members?
d. An employer may reject a job applicant
with a disability, or terminate an employee
with a disability, for safety reasons if
the person poses a direct threat (i.e., a
significant risk of substantial harm to self
or others) without violating the ADA.
This might cover an adverse-employment
decision with regard to an employee
subject to isolation or quarantine due to
exposure and the risk of infection. Could
a bona fide emergency convert an accom-
modation that normally is a reasonable one
into an undue hardship?
e. What should be the organization's
response where employee absenteeism
mounts due to the stress of a particular
emergency situation, and employees claim
that they are suffering from post-traumatic
stress disorder? Can such employees'
essential job functions be accommodated
at home?
4.
National Labor Relations Act
(NLRA).
41
The
NLRA provides legal protection for employees
engaging in “protected concerted” activity,
and governs the relationship among unions,
employees, and employers. The NLRA is
enforced by the National Labor Relations
Board (NLRB), and governs most private-
sector employers.
a. Has the organization addressed special
emergency circumstances (e.g., overtime,
lost wages, work rules, duty to bargain,
grievances) ahead of time in existing
collective-bargaining agreements? If not,
will such issues be addressed during
the next renewal of collective bargaining
agreements?
b. What is the role of union stewards in an
emergency situation?
5.
Fair Labor Standards Act
(FLSA).
42
This
federal statute establishes minimum-wage,
maximum-hour, and overtime requirements.
It requires that all non-exempt employees
working over forty hours a week receive over-
time pay at a rate of one and one half times
the regular rate. Hospitals and other healthcare
institutions are covered employers under the
FLSA. The FLSA is enforced by the Wage and
Hour Division within the Employment Stan-
dards Administration of the DOL.
a. Does time spent in mandatory quarantine
count toward the calculation of compens-
able hours worked?
b.
In the event of a major emergency
requiring all available personnel to work
extended hours, could the good-faith provi-
sions of the Portal to Portal Act
43
excuse
noncompliance with economically burden-
some overtime requirements (particularly
41
National Labor Relations Act, 29 U. S. C.§§ 151-169 (2004).
42
29 U.S.C. § 201 (2004).
43
See
29 U.S.C. § 251 (2004).
