FEHA/ADA Compliance

FEHA/ADA Compliance

ErgonomicWorks has certified Professional Ergonomists who provide a number of services, in the LA and San Francisco areas, including: Americans with Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA) consulting; disability interactive process management; reasonable accommodation meeting facilitation; and essential functions job analysis.

Disability practices and policy compliance. ErgonomicWorks will review your existing disability policy and assess your organization’s compliance (with evolving local, state and federal regulations) to provide ergonomic accommodations to disabled employees. If you do not have a policy, we’ll help to craft one that meets employee needs and your organizational goals.

Best-practices policy development is more than creating a written document. To implement policy changes, Ergonomicworks can develop and facilitate disability-practices communications and training of leadership, middle management and employees, and provide onsite support during rollouts.

ADA/FEHA/Worker’s Compensation interactive process management. There are complex regulations and legal ramifications of improperly handled disability compliance and workers’ compensation cases. The interactive process involves bringing employees and organizational representatives together to amicably formulate policies and resolve issues.

To be successful, this process requires professionally-handled interactive program management: policy development (mentioned above); job description reviews and updates; reasonable accommodation meeting facilitation; documentation of the process (which should be kept in the employee’s confidential medical file to provide evidence during a claim/future claim); control of policy implementation (including training staff of all levels); and ongoing communication to ensure accommodations are truly working.

For cases in which a client must respond to legal action from an employee (e.g., Complaint for Damages for Disability Discrimination, Failure to Engage in the Good-Faith Interactive Process, or Failure to Provide Reasonable Accommodation), ErgonomicWorks will assess your liability and can also provide Lawsuit Prevention and Testimony services.

Essential functions job analysis development. To protect your organization, and to accurately develop position descriptions used for job postings and measuring employee performance, Ergonomicworks will perform an Ergonomic Risk Assessment (ERA) for jobs requiring accommodations within your organization. This ERA is a quantitative analysis which identifies workplace hazards, and determines the level of risk to an employee of developing musculoskeletal disorders (MSDs) while performing each job/task.

Reasonable accommodations meeting facilitation. The interactive FEHA/ADA/Workers’ Compensation compliance process includes determining reasonable accommodations that enable a disabled employee to perform essential job tasks.

ErgonomicWorks will facilitate productive meetings with the employee, HR and other organization leaders to determine what the challenging tasks are and any related medical conditions (for which we may consult the employee’s physician). We’ll guide the meetings and help you determine what the organization is willing to do to accommodate an employee’s needs (e.g., job restructuring or reassignment, and/or ergonomic equipment and practices such as exercises and breaks).