Plant Services - July 2008 - (Page 54)

IN THE TRENCHES learn what the job description required, but his distribution center supervisor clearly believed him qualified. The response Joe received indicated that Acme felt his physical limitation was a factor in his not being selected; HR stated that he was qualified for the router position, but the company selected an able-bodied, non-disabled person to fill the position. There are many ways that Joe could be accommodated. As suggested above, the company could provide a means for Joe to handle parts that weigh 25 pounds. This might be a cart with adjustable height. Perhaps skills training would qualify him for a less physical position. The janitorial position, which would arguably require equal or higher levels of physical effort, isn’t a reasonable accommodation. It’s also not reasonable to move him to such a job with physical demands at a much lower wage rate. Acme should put its attorney on speed dial for this one. Tom Moriarty, PE, CMRP Organizational Reliability Professional Services Consultant (321) 773-3356 tjmpe@alidade-mer.com An academician says: EMERGENCY OVERHEAD PROTECTION FROM ROOF • PIPE • MACHINERY LEAKS Eliminate Down Time! Protect Machinery and Stock! Perfect for ofﬁces, shops & warehouses 101 USES! Diverts water to window, drain or sink Price subject to change without notice Diverters • Your Choice INDIVIDUALLY PACKAGED 3’ x 6’ – $65.40 3’ x 8’ – $68.16 3’ x 10’ – $70.20 6’ x 6’ – $76.44 6’ x 8’ – $82.86 6’ x 10’ – $89.22 Industrial vinyl reinforced with polyester Heavy-duty garden hose attachment Solid brass grommets Suspension and hose not included. Other sizes available upon request. Water — so essential to life, yet it can be your worst enemy when you least expect it. At last a product has been developed to make those untimely leaks a little less frustrating. Our Water Diverter protects valuable areas and equipment from roof leaks until a permanent solution can be accomplished. It is our opinion that every building that has a ﬁre extinguisher in case of a ﬁre or a ﬁrst aid kit in case of an injury, should have a least one Water Diverter in case of a disastrous roof leak. It is better to have one and not need it then to need it and not have it. Water pails in the middle of the ﬂoor are not considered Fire Protection. Keep the buckets out of sight — liability claims are there already. 1115 Main St., Holyoke, Mass. 01040 (413) 533-5347 Fax: (413) 536-4797 WWW.SUMLAC-DEWAY.COM Joe doesn’t seem to be contesting that he’s not able to perform his picker job. The issue seems to be more of pay – he thought he deserved the router job at about the same pay, but instead was given a janitor job at half the picker’s pay. The case illustrates the conflicts about the basis for deciding these issues. Certainly, one could argue Joe’s case from a moral position. After all, Joe is a loyal employee who, through no fault of his own, was permanently injured. Does not Acme have a moral obligation to take care of him by making sure he is kept at his current pay and benefits but with different responsibilities? Maybe even promote him to a picker supervisor, with a pay increase but no lifting? Or they could have appointed him to the router position and ignored the standard Acme merit selection process. That would have satisfied their moral obligation to Joe. When I give similar cases to my students, a goodly number of them argue from this position and say that Acme had a moral obligation to loyal Joe. And, certainly, many companies followed this approach. “Taking care of each other,” and “Taking care of our workers,” was the slogan. However, this approach, together with guaranteed lifetime employment, has faded. Basic economics is one reason for the fade, but increasing legal restrictions produced problems because these policies were very loosely applied. Moving to the legal approach, Acme is obliged to provide Joe with reasonable accommodations. This doesn’t mean, however, that Joe must be promoted, put into a custom position developed specifically for him, be given the same pay or be given priority over other applicants. Accommodation could mean a mechanical device to help with heavy lifting or finding a vacant slot that he’s qualified to handle. Although there’s little reference to any attempts to assist Joe on the picker job, in my mind, Acme seems to have acted in compliance with its legal obligations to Joe (and to the rest of Acme employees who were told that assignments are based on merit). Thus, here we have a clash between those who argue for a moral position and those who argue from the legal position. Certainly, other options would come to mind, for example, help Joe retrain to make him eligible for another job or another career. However, Acme isn’t obligated to do that, but it would be a nice way to show that they are taking care of their own. Professor Homer H. Johnson, Ph.D. Loyola University Chicago (312) 915-6682 hjohnso@luc.edu 54 www.PLANTSERVICES.com July 2008 http://WWW.SUMLAC-DEWAY.COM http://WWW.SUMLAC-DEWAY.COM http://www.PLANTSERVICES.com

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Plant Services - July 2008 Contents From the Editor Letters The PS Files Up and Running Crisis Corner Asset Manager Technology Toolbox Cover Story Compressors Power Transmission Flooring Web Hunter In the Trenches Product Picks Classifieds Energy Expert

Plant Services - July 2008

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