Incorporating ADA Best Practices into Your RTW Strategy to Protect Worker Safety

Employers are facing increasing challenges including difficulty hiring and retaining employees as well as double-digit requests for Americans with Disabilities Act (ADA) accommodations, according to a new DMEC ADA Accommodations Pulse Survey. In fact, 36% of survey respondents are fielding more requests compared with the early months of the pandemic, and some say requests have increased by more than 100%.

The question for workers’ compensation teams is how their return-to-work (RTW) strategies might benefit from ADA accommodation best practices. Any steps taken should be aligned with the organization’s process to manage accommodation requests and illustrates why integrated absence management (IAM) is so important to compliance.

The IAM process harmonizes employer programs — providing a comprehensive view of all absences to maximize employee health, wellness, return to work, and productivity. Through integration, employers combine management efforts for occupational and non-occupational employee claims.

Practical Realities
The top three physical conditions for which employees requested ADA accommodations in 2020 include COVID-related symptoms, migraines, and musculoskeletal disorders, according to the DMEC survey, which we plan to update in November. Those managing workers’ compensation claims face similar on-the-job illness and injury conditions, which complicates ADA and RTW processes.

Accommodation requests for vaccines, mask requirements, and remote work are expected to increase with mandates recently announced by President Biden. And since employees can request exemptions from vaccine requirements for demonstrated medical or religious reasons under the ADA and other laws, employers will continue to face challenges.

We know that employers will be dealing with COVID-19-related issues for the foreseeable future, which is why it’s imperative to reassess policies and ensure they cover employees who are vaccinated (and can still be infected) and those who are not.

We must also consider increasing mental health challenges. The top three behavioral health conditions that led to accommodation requests, according to the DMEC survey, were anxiety, depression, and substance use disorders. A growing number of people acknowledge that COVID-19 increased behavioral health issues, and data show a third of Americans show signs of clinical anxiety or depression, and depression is a leading cause of disability worldwide.

Behavioral health conditions also affect workplace safety. As noted by the National Safety Council (NSC): “Employers should prioritize protecting employee mental health and safety on an equal level as physical safety.” The NSC is partnering with Shatterproof to end addiction and stigma in the workplace as more than 70% of people with a substance use disorder are employed, which puts them at risk for workplace injuries.

As the workplace evolves, employers should expect more employees — especially younger generations — to talk about mental health during the RTW process, according to data that shows workers born between 1981 and 2015 are more open about mental health issues. To support them, employers are considering comprehensive, inclusive benefits packages to help employees lead balanced lives and feel confident in their abilities at work.

Training
The need for ongoing support and training is increasingly viewed as an effective recruitment and retention tool. Amazon recently announced an offering to pay for undergraduate degrees, and a Benefits Pro article notes that 94% of employees would stay with employers that invest in their career growth.

Now more than ever, individuals managing ADA and RTW need trusted resources that deliver actionable information quickly. Because while risks imposed by a pandemic, government regulations, and global supply chain constraints are outside our control, legal liability for failure to comply with laws and regulations is not. To this end, DMEC released a microcredential course on the ADA Accommodation Process, which covers everything from identifying accommodations to tracking effectiveness.

Training that complements your RTW programs and creates effective communication between IAM departments helps protect workers and can save money in avoidable claims. Meanwhile, training and skills building is enhancing competitive positioning for companies struggling to recruit and retain talent during these unprecedented times.

As more companies embrace these concepts, we will see a better trained, safer workforce, and those managing RTW and ADA can feel confident and competent in their ability to address ongoing challenges.

By Terri L. Rhodes

As CEO of the Disability Management Employer Coalition, Terri Rhodes has extensive knowledge and expertise in all aspects of absence and disability program management. Terri was an Absence and Disability Management Consultant for Mercer delivering strategic absence and disability management solutions to clients of all sizes. She also served as Director of Absence and Disability for Health Net and Corporate IDM Program Manager for Abbott Laboratories and was an early adopter building an Integrated Disability Management program for Legacy Health System.

Terri holds an MBA (Business Management) from Columbus University, a Certified Professional in Disability Management (CPDM), and a Certified Case Management Professional (CCMP) from the Insurance Educational Association.

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