Stewards Forum

We have a mold problem here on our campus. Several of our members are exposed to mold and have been asked to go to the doctor's office that the college designated. Do I (as a steward) have the right to see the reports that were done on the mold?

Mold is a form of bacteria that may be toxic to exposed workers. Within the indoor workplace environment, mold usually forms in the ductwork of the heating, ventilation, and air conditioning (HVAC) system. In turn, when the fan within the HVAC system operates, the mold may be distributed throughout the workplace potentially exposing the affected workers like yourself and your colleagues and causing potential health problems.

Indeed you do have the right to see the exposure or monitoring reports that have been performed by the employer. Under the OSHA Access to Medical Records and Exposure Standard, upon your request, the employer must make records available to you. (For a summary of the OSHA Standard and a sample letter to the employer, please go to the union's safety and health webpage, www.cwasafetyandhealth.org, click onto the CWA Occupational Safety and Health Manual, and go to Chapter 6, "Tactics and Strategies," subsection B, "Access to Medical Records").

Also, while viewing the union's safety and health webpage, go to the category "Fact Sheets" and click on Fact Sheet 20, "Indoor Air Quality and the Workplace."

What is the company's legal obligation for work accommodations as per medical restrictions under the American's with Disability Act (ADA)?

An employer is obligated by the ADA to provide a "reasonable accommodation" to an employee who has a disability covered by the Act and who would be qualified to perform his/her "essential job functions" with the assistance of such an accommodation. A disability covered by the ADA is a physical or mental condition that substantially interferes with one or more major life activities (e.g., walking, talking, sitting, standing, speaking, hearing, thinking, sleeping, concentrating, interacting with others).

An employer may ask the individual requesting an accommodation (through his/her union representative, of course) to provide medical documentation of the disabling condition if it is not obvious. The employer may also request information from the employee or his/her health care provider indicating the type(s) of accommodation that would be effective based on job duties and related factors. An employee is not entitled to the accommodation of his/her "choice," or to the "best" accommodation; instead, the individual is entitled to an accommodation that will be effective in allowing performance of essential job functions.

The employer's obligation to provide a reasonable accommodation is not triggered unless the employer has notice that an accommodation is needed. Employees should always notify the employer (through their union representative) of their need for accommodation as soon as possible to avoid any conflicts about the issue and to ensure that assistance is provided quickly. Employees with disabilities covered by the ADA are not excused from meeting job standards, following job rules and procedures or otherwise meeting qualifications for the job. The reasonable accommodation process is designed to allow such employees to be able to perform essential job functions.

Among the accommodations that an employer might provide, depending on the individual's medical condition and circumstances are: job restructuring (to eliminate marginal job functions), changes to work equipment, hours, rules or procedures (so long as they do not eliminate essential job functions), leaves of absence or reassignment to a different job for which the individual is qualified with or without a reasonable accommodation. Reassignment should only be considered as an option if all other possibilities have been considered and have not achieved the result of permitting performance of essential job functions.

An employer is not obligated to provide an accommodation to a person with a covered disability under the ADA if doing so would create "undue hardship" for the employer (e.g., would be extraordinarily expensive in relationship to the cost of doing business or would interfere with procedures or rules necessary to the functioning of the business or impair settled rights of other employees). Accommodation is also not required where it would not eliminate a "direct threat" to the health and safety of the individual employee or other co-workers. (This "direct threat" must be specifically documented based on current medical information about the individual seeking the accommodation).

Employees seeking reasonable accommodation must be prepared to cooperate during the accommodations process by providing medical or other information as reasonably requested by the employer. Stewards and other union representatives should obtain the employee's permission to obtain medical and other data in advance so they can present the best case to the employer for providing accommodation in appropriate cases. An excellent source for obtaining information about possible accommodations for particular mental or physical conditions is the Job Accommodation Network (JAN). They can be reached at 1-800-525-7234.

Every individual's situation is unique, so the employer must consider each request separately and independently. The more information union representatives have to offer in support of granting an accommodation in any particular case, the greater the chances of success. If an employer refuses a request for reasonable accommodation where all of the appropriate requests have been made and information provided, consideration should be given to filing a grievance.