QUESTION

Does an employer have the right to overule a doctors orders?

Asked on Nov 21st, 2012 on Labor and Employment - Florida
More details to this question:
I am a crane operator at a large outside construction facility that builds offshore vessels. Just like every other construction job we are required to wear eye protection at all times. We were required to go to a eye physician and have a eye exam and written prescription from the doctor to put on file if we wore dark tinted safety glasses. The employer is now saying trying to change the rule they made before and say no one can wear dark tinted safety glasses now prescription or not. My question is can they legally overule a doctors orders even though i have a actual clinical diagnosis and precription from him regaurding the issue.
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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Yours is a very interesting question, and I'll do the best I can to respond.  I'm assuming from your summary that you suffer from an eye condition that your doctor believes requires you to wear tinted glasses.  Under the law, the medical condition may constitute a "disability."  If it does, your employer must make "reasonable accommodations" which would allow you to hold your job despite the disability.  One of the "reasonable accommodations" recognized under the law is a modification of a company's policies which would permit the worker to hold the job.  We see this accommodation used frequently in cases where an employee is off work with a medical condition and the employer has a policy which holds their job for, say, 90 days.  The employer then "modifies" the policy to hold the job open for, say 120 days because there is medical evidence the employee will be able to return by that time.  In your case, however, the policy is one which your employer probably believes is necessary for safety reasons.  Therefore, the legal question becomes "must an employer modify a safety policy prohibiting the use of tinted lenses in order to accommodate an employee with a visual handicap?"  Whether or not that question is answered "yes" depends on a detailed analysis of the circumstances.  For instance, why is the "no tinted lenses" rule in place?  Has there been any accident or "near miss" because an operator was wearing tinted lenses?  Is there any regulation or industry practice which would prohibit operators wearing tinted lenses? What would be the risk to the operator and others if the rule is modified to allow the operator to wear tinted lenses?  Should all degrees of tint be prohibited, or would a light tint be allowed?  You get the idea.   The law requires the employer and the employee to engage in a "dialog" regarding the disability and possible accommodations.  I suggest you approach your employer, explain that you suffer from a medical condition which requires that you wear tinted lenses, explain that your doctor has prescribed tinted lenses, and ask what accommodations you employer might be able to make in your circumstance.
Answered on Nov 26th, 2012 at 9:21 AM

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