Advocacy and Occupational Health and Safety
What do you think of when you hear the word ‘disability’? Generally, people think of physical and/or mental disabilities. However, a person may have an educational, economic, social, and/or cultural challenge perceived by themselves and others as a disability.
People with one or more of these challenges are not accepting the assumption that they are disabled and therefore not capable of performing the tasks expected of other employees.
The lack of education and understanding of the gifts and talents, the capacity human beings have for adaptability makes me think that perhaps educators, policy makers, and employers are the ones with a disability.
There is a key to deciding if the employer refuses to have an employee perceived as disabled. It results from careful exploration of the situation and answering the question, ‘Is this employee capable of fulfilling his duties if the workstation/workplace is adapted to meet his needs?’
The answer results from open and direct communication between the employer and employee. It is also based on the two parties fulfilling their obligations. Every employee is expected to:
“…comply with the applicable occupational health standards and with all orders, rules and regulations applicable to his or her own actions and conduct. It shall be the responsibility of every employer to maintain a healthy occupational environment at the workplace in accordance with the applicable occupational health standards.”
-
(Occupatioal Health Regulation, made under Section 74 of the Health Protection Act , S.N.S. 2004, c. 4)
O.I.C. 76-1510 (December 21, 1976), N.S. Reg. 112/76.
|