Maint Electrician in plastics extrusion plant

Well I am supposed to be ready to return to work after my 6 week restrictions in 6 days. Problem is my employer won't let me return to work without a workability report that allows me to work without any restrictions. I may be exposed to a large array of electrical equipment daily, and although most of these pieces of equipment could be powered down for me to work on them I am sure there are many that gererate a lot of emf during normal operation. Can my employer refuse to allow me to return to work even though they are required to make reasonable accomadations under the ADA? With my Bi-V I am aparantly not ill enough to collect SS disability, but too limited to return to my job? 57 now so cant retire yet.

5 Comments

Put on hold.

by terrythetech - 2013-01-16 03:01:22

Thanks Don it does help and I will be looking into the references you gave. I spoke to my union rep and he said they have not had this exact issue before but saif that it is infact a ADA issue. I have been informed by the disability insurance company that payments to me will stop on monday as there is no medical reason I cannot return to work. So I will be without any income for a while I guess. My next step is to wait for the union rep to talk to the company and then see if they will make some attempt to put me back to work in some job until something can be settled.

Why can't you work

by ebfox - 2013-01-16 10:01:03

Are you assuming that the EMF from the equipment you work on will impact your PM or do you have a doctor's statement to that effect?

I supervise a group of maintenance techs for a large telecom and daily I am exposed to UPS eqpt, motors, pumps, switchgear,etc. I have never had any problem. A while back I was working with one of our network engineers who was doing RF field testing and he showed me the levels that I was being exposed to.

It was unclear who provides the workability report for you but if you have that, I believe ADA will give you some rights, it is rather complicated and you may need legal representation.

Just don't assume that you can't do your old job. I think it is likely that you can.

EB

Industrial Safety

by donr - 2013-01-16 10:01:29

Your employer, if a run of the mill, normal employer would be just as happy if you got run over by an 18 wheeler - he would not have to put up w/ you. Expect the fight of your life.

Cecil - "mamaman" is his screen name - can help you more than anyone - he successfully fought this fight in NC. He had the EXACT same job you have, but in a different industry.

The law is on your side, you'd best talk to a lawyer BEFORE you talk w/ your company in any detail, so you can find out HOW to approach the problem correctly. Get decisions from the company in writing. IF you play your cards correctly, the company will fold like the Cleveland Indians in August of the early 50's when faced w/ legal action under the ADA.

Face it - the ADA has earned a terribly justified reputation for being the basis for gadzilions of spurious, baseless claims/suits. It is the generator of more unintended consequeces than ca be counted - hence it has not done the best job of protecting those it is meant to protect - like you.

BUT - before stomping into the boss' office all lawyered up, go talk to the industrial safety weenies & find out exactly what their attitudes are. Faced w/ a reasonable person, thay may be willing to talk rationally about your situation. (DON'T BET ON IT!). Go in prepared to discuss real vulnerabilities of your PM. They are no where near as bad as you hear. The PM is really well shielded against ELECTRIC field interference. It is the MAGNETIC fields that cause you problems.

There are little devices sold that you can carry/wear like a radiation film badge that tell you if you are entering a dangerous area. Worthless as t... on boar bacon as far as being a scientific or industrial device is concerned. One of our members had one that was alarming on a telephone answering machine & a computer printer.

The best thing you can do is to get the safety people to accompany you around the plant into your old haunts & SEE exactly what the effect on your PM will be. If you aproach areas of EMF (as you called them), slowly, you can quickly back away if you get a funny feeling caused by the PM slipping into its "Test" mode due to mag fields.

I can give you but one data point - my PM was slipped into Test mode by a 240V, 30A cable running to our water heater while the heater was running. My PM passed about 6 inches from the cable. IIRC, Cecil was affected by 440 V ckts & power dist panels, but NOT 240 V systems.

Hope this helps you out some.
Don

Calling employer today.

by terrythetech - 2013-01-16 10:01:52

Thank you for your comments! I really do want to return to my job and I intend on letting my employer know that I am going to report for work next Tuesday (Jan 22, 2013). I guess they will tell me if they do not want me to come in. My disability income ends on Monday as that is when my 6 week restriction ends so I must return to work or I will have no income at all. I think the company safety guru is having an "Industrial Hygentist" check our plant for problem area's. We already have 1 individual working in a lower classification with a pacemaker / defib. but he is a pallet maker in a rear area of of plant away from most all equipment. I let my Union reps know about my situation but they are not very responsive as this is not covered by our agreement.
I agree I must be careful but figure that I must attempt to return to work next week. My employer has been given all the info from St. Jude's including the direct number for their design engineers. and the info at the link below.
http://www.sjmprofessional.com/Products/US/CRT-Systems/Quadra-Assura-CRT-D.aspx
I will start the SS application but until I "am no longer working" I will have to wait to apply.
I will be calling work shortly to tell them that I intend on reporting to work next Tuesday.

Document Everything

by ICDnFL - 2013-01-17 01:01:02

Make sure if this becomes a battle for your J-O-B that you document everything possible. Carry a memo pad and pen everywhere with you.

Make notes at every phone call and every meeting regarding this issue. Dates, Time, Place, Persons and topics discussed. If they see you doing this they will figure that you are serious about keeping your job.

They also make small voice recorders, but I would still take notes because any glitch could happen and you could miss something "key". Plus, you would have to ask for permission from each person to be recorded, and be certain to record their permissions, yea/nay.

I went through something like this years ago, and those that were working for my interests used my notes extensively.

Well Terry, what doesn't kill you makes you STRONGER, but nothing like insult to illness/injury.
I'll be praying for your finest outcome.

You know you're wired when...

You run like the bionic man.

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