Can Deaf Worker Safely Drive Forklift? Court Weighs In

Here’s a tough call to make: A deaf employee drove forklifts safely on a daily basis for years. Then, a corporate policy said he could no longer do that for safety reasons. Do you bar him from operating forklifts? And what did a court have to say?

Nicholas Siewertsen, who is deaf, worked for Worthington Steel since 1999 in Delta, OH. Since 2001, he operated forklifts, overhead cranes and other motorized equipment on a weekly basis. From 2009 into January 2011, he operated forklifts and overhead cranes multiple times per day.

Siewertsen’s safety record was very good. He received multiple awards for outstanding safety performance, and records show his supervisors considered him a responsible, safety-conscious employee.

In July 2010, he was involved in one near-miss incident. Siewertsen didn’t stop to look both ways within the plant and came within a foot of being struck by a moving forklift.

In January 2011, a deaf employee at another Worthington plant requested to operate forklifts. The manager of that plant sought guidance from the owner of a company that provided forklift training. The advice was that deafness was too much to overcome in a busy plant, and deaf employees should not be allowed to operate forklifts.

On Jan. 18, 2011, Worthington’s corporate manager for health, safety and property sent an email to all facilities laying out the company policy that deaf employees shouldn’t operate forklifts.

Soon after that, the corporate safety manager, Delta plant HR manager and two other managers at the Delta plant met to determine whether the corporate policy should be applied to Siewertsen. They also considered whether any accommodations would allow Siewertsen to operate forklifts.

The managers concluded:

• Operating forklifts at the Delta plant required sufficient hearing and audible communication skills
• The corporate policy should apply at the Delta plant, and
• There was no accommodation that would allow Siewertsen to operate forklifts safely.

Read Full Article At Safetynewsalert.com

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