Safety Knights

Wow really tough one. I had a lift truck drive of "long service" in our Warehouse that developed Epilepsy. We did not even know of his condition as at first his seizures were under control with medication. However, one day at work he had a seizure and ran his lift truck into some raking, knocking a section down and causing minor injuries to only himself but several thousands of dollars in lost product. After investigation we discovered it was revealed for whatever reasons he had stopped taking his medication. I was an HR Manager as well as a "Safety Guy" so I knew we had Safety Issues as well as having to consider the ADA. He was also a Veteran and we had an Affirmative Action Plan with OFCCP as a Federal Contractor. So we had to handle very carefully.

Working with attorneys we developed a policy of having him either submit quarterly drug tests (to prove he was under medication) or a doctor's slip. It worked for a few years, but as he grew older the medication became less effective. When his seizures could not be controlled with medication we were forced to "accommodate" him and place him into a job that did not include PIT operation. A couple years later he had a seizure and fell in the path of lift trucks, so we then had a tough decision. Again with the help of legal, we had to place him on 100% disability.

If you have not already get your HR Department involved and what ever legal resources you have. The problem is "Safety" but "HR" as well. The answer also depends on the state you are in, and sometimes the Feds if you are a Federal Contractor so legal assistance is advised. Really tough problem! With external driving involved you have state traffic and local traffic laws as well.

Great responses, Fitz! 100% agree with getting your HR and/or legal department involved (as long as your company's legal counsel is well-versed in this type of issue).

I've not ran into this personally, but I do know there are some letters of interpretation out there regarding underlying medical conditions with equipment operators. One interpretation (link below) deals with overhead crane operators having medical issues that prevent them from operating the overhead crane, but the concept is still the same with a PIT. Essentially, it says that "the employer is not ensuring employee safety and health and may be subject to a citation by OSHA".

https://www.osha.gov/laws-regs/standardinterpretations/2013-09-13

There is one other interpretation similar in nature (link below) dealing specifically with PIT operators and underlying medical conditions (specifically vision issues) where OSHA says you "should consider" the ANSI requirements for PIT operators, which include an annual physical exam and other things. An excerpt of this letter is also below.

"The ANSI Standard B56.1-1969 in Section 6 reads, "Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

While OSHA did not adopt this requirement, it merits your consideration. People with only one eye do not generally have good depth perception; this could be a most important and critical matter in some industrial operations. You, as an employer, must determine if full vision is mandatory in your operations. We suggest you consult with your company's medical department."

https://www.osha.gov/laws-regs/standardinterpretations/1976-10-20

There is a lot of good advice here, I would only add remember he's a human probably with a family and a key word is "at home". Cover the companies liability in accordance with the law and don't over do it, remember he's a person. That's often where these situations go wild...tough situation indeed.