Deaf Forklift Operator
All, I'm looking for anyone who has dealt with this before. We have had issues with people blaring music on forklifts while operating. We have seen this as an issue because they are dulling their senses (particularly hearing).
However, we have a deaf individual who has been operating forklifts since long before I started at this plant.
How have you all handled having an individual with limited/no hearing capability operating equipment? Do you allow it, if so what accommodations do you have? If not, what legal hurdles did you encounter?
Comments (4)
Just when you think you've seen everything online. Kidding aside I think it's allowed yes. To not allow them according the ADA protections may be a violation. Ask your HR or Risk person in your company, but I'm not a lawyer. It is fairly common for them to do it with accommodations. A doctor and/or trained physician in occupational medicine would be the one to determine what the boundaries are, even the accommodation's themselves. It depends on how deaf they are, hearing aids, etc. If you are new to this position and the person has been there doing this already, do your homework before you open a can of worms. If the person has not been evaluated by a physician or the situation was not carried out properly or documented properly it can be...interesting the way events can go. Check to see if he/she is even trained first. Just be cautious, but respectful. If this person was just allowed to get er' done and operate so to speak...take it slow and steady involving the stakeholders until you can walk toward resolution. You don't just stop him (unless he's not a certified operator), he may sue. The Plant Manage goes, "He's my best guy, but but but..." When ADA gets involved, make sure you involve the right supervisors and be cautious. Under no circumstances, should anyone be playing music while driving a forklift.
Wow, with a standard PIT I would have an issue or two especially without any "accommodations!" As a HR pro you have to be concerned with the ADA too,.
However, I think OSHA allows it if a doctor determines that the deaf person is capable to do so. You may want to consider larger mirrors, other precautions, and accommodations. If the person wears hearing aides, you might require their use while operating. I know one employer that limits their deaf operator from diving where there are large concentrations of people.
I remember way back in Personnel (about 1981) I had a former employee come in and apply for a job in our foundry. He wanted his old job as a Fork Lift Driver and Iron Pourer! He had been recently blinded in a shotgun accident in is face. I told him I was sorry but I could not hire him, it was just to dangerous with 3500 degree molten iron. This was pre-ADA but he did get the Michigan EEOC to file a suit against us for him. A couple years later we lost at the civil court level, but won at the State Court of Appeals. It cost us a ton of money in legal fees.