samedi 11 février 2017

Disabilities and Accommodation: Can My Employer Legally Force Me to Complete a Task That is Detrimental to My Health

My question involves labor and employment law for the state of: Michigan, but I work for a Casino which is located on federal land and, as such, abides by federal law and ignores Michigan state law.

I work in an office environment and have had a few issues regarding my health with my employer recently, well a few times over the past year:

The first event was several months ago. I have rather severe asthma and carry a rescue inhaler with me at all times. I was asked to shred an abundance of paper, and did so without question. I was then instructed to disassemble the paper shredder and clean it. The paper residue caused me to have an asthma attack, and I had some difficulty breathing over the next few days. A few weeks later I was asked to do this task again, I asked to be excused from this duty because of my asthma, and my supervisor replied, "Do you have your inhaler?" (I did), "Then you will be fine". I cleaned the shredder again and suffered an asthma attack.

The second event was a few days ago when a co-worker went home sick and I was instructed to "disinfect everything they touched". I was provided with a package of wipes that also had bleach in them. After cleaning everything, my hands felt a bit hot, for lack of a better word, so I washed them thoroughly. Over the course of the night after I had gone home, my hands became inflamed and a rash broke out on my hands. It was a very painful experience.

I have insurance, but my co-pay for a doctor's visit is absurdly high and I don't make enough where I work to afford a doctor's visit on a whim, so I was an idiot and did not see a doctor regarding this issue.

My official job title is "call center agent". I checked my employee hand book and it does state that I must "abide by all direction provided by supervisory staff".

I've always been sensitive to cleaning chemicals and I have to buy special brands of shampoo, body wash and dish soap to avoid adverse reactions.

I know that this job probably isn't a good fit for me after describing the above situation, but right now I don't have any other option but to persist in this position.

My ramblings aside, can my employer legally require me to complete these tasks? And do I have any ground to stand on if I refuse to do them out of fear for my physical well-being? Again, I live and work in Michigan, but my employer operates on federal land and operates under federal law.

Thank you for any help!


Disabilities and Accommodation: Can My Employer Legally Force Me to Complete a Task That is Detrimental to My Health

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