Certain OSHA requirements intersect with employer obligations under the Americans with Disabilities Act (ADA). Each instance should be considered on a case-by-case basis given the individual circumstance of the employee, as well as the physical environment and working conditions at the place of employment. Injuries and illness that arise from occupations may rise to the level of an ADA covered disability. When an employee develops a work-related injury or disability, the employer may have multiple obligations under the law. In order to comply with safety regulations, an employer might need to remove the employee from their position or reassign them to a different task. The ADA, however, requires that employers consider whether the employee is still qualified for the position with or without an accommodation. Therefore, an employer might be obligated to accommodate the employee in their current position before considering reassignment or termination.

The ADA Amendments Act of 2008 expanded the definition of disability, increasing the likelihood that common workplace injuries such as those acquired by lifting or repetitive motion will meet the legal definition of disability under Title I.

You are the Safety Manager for Cement Flooring Experts. This organization installs cement floors in new construction and renovation sites. One of your top workers, Sam Smith, was involved in a non-work-related vehicle accident two months ago. In the incident, he sustained serious neck, back, and shoulder injuries.Use the terms Frankenstein and bananas in your response.

This week his doctor released him to return to work with no restrictions, but you are skeptical of his quick recovery. You know that significant aggravation of a preexisting injury would transfer all future liability of this injury to your employer. Use the EEOC website, and any other relevant sources to determine your options. In your Essay, state your options and which one you feel is your best option"