SERVICES
Join the hundreds of Southern California employers who decided to partner with us to deliver their disability management plans to reduce liability and protect from unnecessary lawsuits, government fines, and state penalties. Our experienced consultants will ensure that your company is not only compliant, but that the processes used support your organizational culture and overall human resource goals.
The Dickerson Disability Consultant Services has been supporting businesses and nonprofits alike in California since 2001 delivering the following services:
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Disability Compliance Consulting, Training & Policy Development
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Fair Employment Housing Act (FEHA) Training & Compliance
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Americans with Disabilities Act – Title I (ADA) Training & Compliance
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Accommodation Meeting Management / Interactive Process Facilitation
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Ergonomic Evaluations, Training & Compliance
* Bilingual staff available for all services.
ADA CONSULTING & FEHA
We provide public and private sector employers with comprehensive management of their disability compliance obligations. We will manage all or part of the Interactive Process to support employers to make sound reasonable accommodation decisions. To support clients, our consultants will contact employees requesting or requiring accommodation, obtain needed medical information, develop an essential function job analysis – if needed, coordinate and then facilitate the good faith interactive process meeting to support clients to make decisions on what accommodations may be reasonable to implement. Our consultants are Human Resource professionals who understand Risk Management and California and federal Disability Laws, but also understand how all of these laws and regulations must integrate with your existing personnel rules, collective bargaining agreements and labor relation goals.
ADA LAWSUIT/FEHA
FILE REVIEW
When you receive a Complaint for Damages due to Disability Discrimination, Failure to Provide Reasonable Accommodation, or Failure to Engage in the Good-Faith Interactive Process, it is crucial to assess your past actions and identify any potential weaknesses in defending against such a claim. At Dickerson Disability Consulting, we offer our clients trusted and dependable evaluations of the steps taken (or not taken) during the Interactive Process, as well as the decision-making process regarding the reasonableness of accommodations. We will provide advice on the strengths and weaknesses of your compliance with FEHA/ADA disability obligations. Additionally, our highly experienced consultants can suggest appropriate remedies to address any shortcomings in your past processes, decisions, or documentation in order to minimize risks and limit exposure.
Both California (FEHA) and Federal (ADA) laws require employers to consider reasonable accommodations for employees with disabilities. See our "Resources" page for information on the Americans with Disabilities Amendment Act that went into effect 1/1/09. California law goes further to require employers to conduct a good faith and timely "interactive process" with the employee in order to make the decision about accommodations. Job accommodations are a win-win for both employer and employee.
A study by the Job Accommodation Network of approximately 1,200 employers showed that nearly half of all accommodations do not cost anything for the employer, and that the majority of the remaining accommodations cost $500 or less. Over 75% of these same employers reported that the accommodations were very effective at allowing the employee to return to fully productive work performing their essential job functions.
JOB ACCOMMODATIONS & "INTERACTIVE PROCESS"
FACILITATION & MANAGEMENT
HOW
DDC CAN ASSIST YOU:
• Case- by-case facilitation of the Job Accommodation / Interactive process
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• Training on how to identify and implement job accommodations
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• Training on how to conduct and document the Interactive Process
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• Assistance with developing and implementing your organization's Job Accommodation processes and tools
ON SITE ERGONOMIC WORKSTATION EVALUATIONS:
We will meet privately with each individual in their designated workspace. Ergonomic evaluation goals will include: improving the individual’s current workstation orientation and postures through on the spot changes, educating the individual on neutral ergonomic postures and opportunities to self-correct, identification of ergonomic risk factors/red flags, and data collection regarding comfort/discomfort status and to identify work tasks & general work habits. At the close of the evaluation the ergonomist will have collected necessary data for report generation, be it a formal write up or a brief synopsis.
LEVEL 1: MICRO EVALUATIONS
These evaluations are an economical, concise, yet effective option to controlling workplace related musculoskeletal disorders (MSDs). Our trained ergonomists spend 20 minutes with each employee and makes “on the spot” changes to posture and equipment placement. This also includes a thorough review of the employees chair and all the adjustability features. These evaluations are best suited to symptom-free workers and those considered being at low MSD risk. They also are useful as part of a new hire orientation, when upgrading office equipment, renovating workspaces, or relocating to new facilities. These are a great tool for sweeping large groups of employees or done in conjunction with a lunch and learn seminar.
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Micro Workstation Evaluations
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20 minute 1:1 assessments of the workstation
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Abbreviated Written Recommendations Provided plus spread sheet of equipment needs (if equipment needs is requested)
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3 employees / hour / evaluator
LEVEL 2: PROTECTIVE EVALUATIONS
Level 2 evaluations are more comprehensive in nature than Level 1 evaluations. Lasting 30-45 minutes a piece, these evaluations are ideal for workers with symptoms, doctor notes, returning from surgery, involved in physical and occupational therapy and those who work in high-risk jobs, such as data entry and materials handling. Level 2 evaluations are designed for individuals with registered complaints or with Symptom Survey pain scale score of 3 or more. As part of the Level 2 evaluation process, Dickerson Disability will provide a detailed report of overall ergonomic conditions with workstations and work areas, changes made to the workstation and recommendations for future modifications.
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Level 2 Workstation Evaluations
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45 - minute 1:1 consultation by ergonomist
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Symptom Survey & RULA Postural Score/Test
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Photos (Before and After if Indicated)
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Summary Report with recommendations & Links
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1.3 employees evaluated per hour on site
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Off Site Report Generation
According to the 2010 Liberty Mutual Workplace Safety Index, the cost of the most disabling workplace injuries and illnesses in 2008 amounted to $53.42 billion in direct U.S. workers compensation costs, averaging more than one billion dollars per week.
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A study by the Journal of Occupational and Environmental Medicine listed back and neck pain as the top conditions on their list of direct and indirect healthcare cost drivers. The good news is that as an employer, you can significantly reduce these costs through ergonomic interventions such as assessments, training & management. No one wants to get injured on the job, and you can work to prevent unnecessary injuries by helping employees understand ergonomic risk factors and proper body mechanics, and encouraging behavioral changes. Ergonomic assessments can further assist by identifying obstacles in the workplace that may be contributing to injuries. Our "on-the-job coaching" service allows us to work with employees without having to stop production or interfere with the work being done.
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ERGONOMIC ASSESSMENTS & TRAINING
HOW
DDC CAN ASSIST YOU:
• Individual Ergonomic Assessments (Preventative and Post-claim)
• Group Assessments
• Computer/Office Workstation - Ergonomics Training
• Manual Materials Handling - Ergonomics Training
• "On-the-job Coaching" - Ergonomics Training for the Production environment
• Ergonomics Training for Healthcare Workers
Transitional work is a program that provides an interim step in the recovery and return to work for an employee with temporary limitations. It is a way for organizations to support their employees during the transition from injury, illness or disability to recovery and fully productive work.
Transitional work results in the following benefits:
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• Allows employees to continue to work and earn regular wages while recovering
• Provides a better opportunity for eventually returning to full duty
• Creates positive workplace morale and a supportive environment
• Increases productivity and decreases lost work time
• Reduces medical and disability costs
• Focuses on the employee's ability and not disability
TRANSITIONAL WORK/RETURN-TO-WORK PROGRAMS & SERVICES
HOW
DDC CAN ASSIST YOU:
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• Development of a Transitional Work Task Bank of available tasks indexed by accompanying physical job demands
• Provide a Transitional Work "tool kit" of sample forms, procedures, flow-charts and other information organizations can use to implement a Transitional return-to-work program
• Training on key concepts and program "roll-out"
• Troubleshooting and case-by-case assistance as needed
JOB DESCRIPTIONS & JOB ANALYSES / JOB FUNCTION ANALYSES
Job descriptions are an employer's best tool for identifying essential job functions and the physical job demands. This information plays key roles in stay-at-work / return-to-work efforts, including communication with the healthcare provider and evaluating possible job accommodations. Job descriptions should, also Job Accommodations, include information such as job qualifications, environmental conditions, and when supervision is given and received. In doing so, these descriptions will assist with:
• Recruitment and hiring
• Compensation
• Performance standards and improvement plans
• Legal and regulatory compliance
Properly developed and well-maintained job descriptions are a valuable management tool and will assist employers and employees in a wide range of critical employment decisions.
HOW
DDC CAN ASSIST YOU:
• Evaluating existing job descriptions and making recommendations
• Conducting on-site job analyses to gather all pertinent information
• Compiling job descriptions (case-by-case or organization-wide)
• Updating existing job descriptions
• Identifying "Essential Functions" using criteria provided by the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing
• Providing training to organizations so they can develop and maintain job descriptions on their own
EXPERT WITNESS
Extensive hands-on experience supporting employers to comply with their obligations under the FEHA/ADA disability laws provide our consultants with a unique ability to provide convincing testimony relating to the adequacy of a company’s interactive process, the reasonableness of their decisions and the appropriateness of the implementation of decisions. Dickerson Disability provides testimony for both public and private sector employers, with consultants who hold a unique knowledge of how accommodation decisions impact collective bargaining agreements, public sector due process obligations, the Education Code and retirement plan regulations.
FITNESS-FOR-DUTY MANAGEMENT
We support employers through handling all aspects of a fitness-for-duty process; from reviewing appropriateness of scheduling an examination, contacting the employee, scheduling appointments, providing the medical provider with information needed to make an assessment on fitness to return to work, and supporting clients should work restrictions result from the examination. Employers can feel confident that our consultants will effectively handle these processes with sensitivity and thoroughness.
Determining reasonable accommodations through an interactive process upon request of an employee or applicant with a known disability is part of adhering to both the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). Due to the sensitivity of the topic, though, proper accommodation meeting management is important in ensuring that both the employee/applicant and the employer reach a fair agreement.
Before reasonable accommodations are decided upon, it’s important for the employer to engage in a good faith interactive process. In the eyes of the law, a “good faith effort” is characterized by honesty and fairness so as not to destroy the rights of both parties.
Unfortunately, employees and job applicants protected by ADA and FEHA may feel as if they aren’t on level ground with their employers. While they may ask for certain accommodations to help them perform their job despite their condition, employers are not required to provide them if they impose undue hardship on the business. This can come in the form of undue costs or potentially disruptive or extensive changes to the workplace. In such situations, those protected may feel slighted and could file a complaint.
Under AB 2222, which expanded California’s disability law in 2001, the duty to engage in a good faith interactive process is a stand-alone statutory requirement. Even if accommodation is not possible, employers must still proceed with the process to avoid violating the statute.
The best way to facilitate a good faith interactive process is under the guidance of those with full knowledge of California’s labor laws. From approaching the employee regarding his or her condition, to deciding on the proper accommodations, a neutral party can provide objectivity and ensure fairness throughout the process.
Aside from assisting with accommodation meeting management, Dickerson Disability Consulting Services can also help facilitate other aspects of the interactive process. Our team of professionals can provide job analysis to determine essential functions and consider if an employee can continue carrying them out without causing undue hardship to the employer. Our consultants can also provide an evaluation of current business practices and policies to ensure that all comply with federal and state laws on disability and discrimination. If employee training on current laws on disability and discrimination is required, our consultants can also provide assistance with that.
To learn more about what our consultants can do to help facilitate the interactive process, feel free to contact us.