ADA ...

Job Smart System (JSS) dispels the traditional assumptions about ADA, Reasonable Accommodations and job descriptions. We challenge you to go beyond the thinking that accommodation only applies to qualified disabled individuals who have physical or mental disabilities like walking, hearing, or seeing. JSS supports your organization to see that most disabled people pose no safety risk and do not create undue hardship.

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Job Smart System changes your assumptions about employee accommodations from acknowledgments to assets. With the mean age of the American worker at 45 years of age most employees have age related functional limitations, have sustained some injury, may have a disease and may be disabled. So basically, we need to accommodate for all employees in order to maintain productive and safe environments where quality work is done. Accommodation makes good business sense for all employees given the statistics. The average age of the American worker is 45 years old. This means that accommodation for visual acuity is likely, with most people over 40 wearing glasses. In your facility, it is likely that most of your computers users (70% of the jobs in America) have corrective lenses (distance, bifocal, trifocal) . Accommodations to monitors heights should be one of your most frequent equipment accommodations.… Employees often report neck strain and lighting difficulty. Accommodating monitor height will change employee complaints to your competitive advantage. One further point, the average injured employee in 2005 was a 34-year-old male who suffered a musculoskeletal injury such as a wrenched back or injured elbow. Imagine the accommodations to material handling that can change your assumptions on who is disabled!

Job Smart System provides you with success strategies. We assess, plan, and implement (API) accommodations that create engineering controls. JSS integrates productivity and quality into a safety culture. A 45 factor analysis is used to determine what cost effective accommodations to plan and implement. JSS incorporates the factors and requirements of American with Disabilities Act, CalOSH , and ANSI/ISO/Q 9001-2000.

The factors assessed are comprehensive to safety culture.

Accessibility Lighting Workers

Adaptability Maintenance Internal

Air Quality Maintenance External

Benchmarks Material Handling

Comfort Material Resource Conservation

Communication Noise

Controls Passages

Cost Effectiveness Pick Patterns

Density of Space Planning

Design of Space Quality

Division of Space Recycle

Energy Relocation

Engineering Safety

Equipment Signage

Finishes Software

Furnishings Temperature

Housekeeping Tools

Image Training's

Instrument Transport

Interplant Transfer Vendors

Landscaping Waste Management

Legibility of forms Windows

Job Smart System is first and best at reducing your liability for work related injuries to employees. We help you to change your assumptions and build a culture of ergonomic supports that accommodate people.

JSS avoids the situation where the preponderance of evidence is that risk is by job title and that related work tasks (lifting)are the standard cause of injury. Developing hazard-engineering controls, no matter what the level of risk, training requirement (ISO, OSHA), and accommodation (ADA) all depend on competency based job descriptions. By writing Job-Smart job descriptions organizations can use realistic data to provide a safe work place. Communication is unbiased and consistent between all parties. Job descriptions can provide employees with an adequate number of competent coworkers when they define the job beyond education and experience to comprehensively defined competencies. Job descriptions that realistically define work include knowledge, psychology, biomechanics, sensory, safety and quality competencies. Providing safe tools and equipment can be directly linked to job descriptions that define knowledge required to operate specific types of tools (saw) equipment (surgical drill), or computer equipment. In addition, competency based job descriptions can warn employees of inherent dangers in the work place more effectively if the job description details the biomechanics of a lifting competency.

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An ADA Case Study Review ... As It Impacts UPS

In a major victory for disabled workers, the United Parcel Service will pay $5.8 million and make changes in the workplace to accommodate deaf employees to settle a class-action lawsuit.

The lawsuit was filed in 1999 by Disability Rights Advocates, a non-profit organization based in Oakland, on behalf of five deaf UPS workers. It was amended in 2001 to include more than 1,000 deaf employees. The suit charged that UPS denied deaf people equal rights in the workplace by failing to provide sign language interpreters, necessary communication aids, emergency alerts, text telephones and promotion opportunities.

Under terms of the settlement announced Monday, UPS, which had already begun to make some of these changes, will continue to implement them and be subjected to outside monitoring and enforcement by the courts.

Disability Rights Advocates officials said it is the first workplace employment class action brought on behalf of deaf workers and one of the largest amounts ever paid in such a lawsuit under the Americans With Disabilities Act.

UPS also will pay $4.1 million for attorney fees, costs and expenses. Each of the five named plaintiffs will receive $60,000, and the others in the class-action suit will receive a monetary amount based on such factors as their length of employment and the level of discrimination suffered.

Sets a precedent

``This is a proud day in the disability rights movement,'' said Caroline Jacobs, a Disability Rights Advocates lawyer in the case. ``With this settlement, deaf people have achieved a precedent-setting victory establishing their right to equality in the workplace. We hope that this settlement sends a message to all employers throughout the country that employees with disabilities are entitled to the same rights and opportunities as other employees in the workplace.''

UPS, which has 360,000 employees worldwide, denied any discrimination against the deaf.

``We have a long and strong record for providing accommodations for and promoting deaf and hard-of-hearing employees. The measures called for in the settlement will only enhance one of the most inclusive working environments in corporate America today,'' said Peggy Gardener, a spokeswoman for UPS.

Under the settlement, deaf employees also will be assigned a human resources employee to meet with them every four months. Employees also will be given a vibrating pager to alert them of emergency circumstances. In the past, deaf employees were assigned a co-worker who was to alert them in the event of any emergency.

Plaintiff pleased by outcome

``This has been a hard-fought battle to get UPS to recognize that deaf people have the right to equal treatment and opportunities,'' said Bert Enos of San Jose, one of the five named plaintiffs in the case, in a statement. ``I am pleased that this giant company has now committed itself to correcting the many barriers that I and other deaf people throughout the country have faced in the workplace.''

The settlement was reached in the midst of a trial in San Francisco federal court that began in April. There is still an ongoing trial in the case on whether deaf employees should be excluded from driving UPS vehicles.

Speaking through a sign language interpreter at an Oakland news conference announcing the settlement, Babaranti Oloyede, another of the plaintiffs, said he was denied promotions and, despite repeated requests, was not provided with interpreters for many of the trainings and workplace meetings. For example, when employees received training about anthrax two years ago, he did not have an interpreter.

``I suffered for all those years,'' said Oloyede, who has worked at UPS for more than 10 years. ``I'm hoping that in the future, deaf people will not feel like second-class citizens but will feel that they have equal opportunities with their hearing co-workers. . . . Our reason for filing was to stop the suffering.''

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JOB SMART SYSTEM: E LEARNING ACCESS AND EQUITY

The Job Smart System (JSS) has an Access & Equity commitment as part of its business excellence portfolio. JSS provides training through e learning and consultancy services, which address learning barriers that might be experienced by men and women who are

Dyslexic
Deaf
Hard of Hearing
People with physical disabilities
People of culturally and linguistically diverse backgrounds for whom English is a second language
Vision Impaired

JSS commitment is to accommodate for all learning styles. You may self identify and /or let us help you determine your learning style and pace. All participants in JSS learning are accommodated to ensure that their pace of mastery is assured. You may confidentially write to Dr. Kearney @ dksafework@aol.com regarding any e learning accommodations.

Here in brief, are the essentials of the JSS e-learning approach:

JSS acknowledges that no two workers are exactly alike. Our trainings are planned to meet the similarities of workers learning styles while giving individualized attention.
JSS is multidisciplinary. It incorporates the knowledge and skills of experts from the many fields of education, safety, medicine, psychology, litigation, and language theory.
JSS is multisensory. It uses the learning pathways we all share of seeing, hearing, feeling, and awareness of motion, brought together by the thinking brain.
JSS uses the alphabetic phonic system in its computerized language deliveries. For example, there are repetitions of emphasized words for hearing impaired and for those for whom English is a second language. JSS takes advantage of the letter sound plan on which our language is based. "Words which carry meaning are made of sounds; sounds are written with letters in the right order" It makes sense to learn using this alphabetic phonic system.
JSS uses the process of synthesis of learning. The sounds of the letters can be blended into words for reading, and the words can be divided into the sounds they made of for spelling and writing. This process is called synthetic analytic.
Literacy in concepts comes from understanding the use of the word in contexts such as safety in hospitals. Example, lock out tag out around a machine means zero mechanical zero electrical energy in safety terms. Words and sentences are the carriers of meaning. Based in proficiency, fluency with language patterns in context serves linguistic power. The result is full conceptual literacy.
Concepts and materials are organized and taught in a way that is logical and fits the nature of work and work practices. This procedure is systematic.
The learner moves, in systematic order from simple to well learned material. From there learners move to that which is more and more complex as he or she masters the necessary body of skills. The teaching is sequential.
Each step of the way is based on those steps already learned. The process is a cumulative sum or cycle of growth. That is why pre-testing is the essential first step. JSS knows the place where the learner begins.
The student is helped to understand the reasons for what he is learning e.g. safety, productivity and quality.
The student is helped to understand the purpose of it all e.g. from recognizing the meaning of a sign over a door FIRE EXIT to taking an action in an emergency. Communication of concepts is paramount.
The persons feeling about himself/herself as a student and learning are continuously considered vital to applied education.

Access Parameters

Job Smart System is committed to creating services & programs that can be made available to all workers free of any form of discrimination on the basis of place of birth, language, culture, race, gender, religion or disability.

Equity Parameters

Services & programs (Safety Series, Healthy Choices, Employment Series, Ergonomics, and Quality Series) are designed and delivered based on equal opportunity to accommodations for workers of all learning abilities. JSS Safety Series begins with OSHA /General Duty Clause, and ANSI which share the goal that training communication should be a guidance system. The outcome of which is prevention information which when learned protects workers from all areas of occupational risk.

Testing for Strengths and Learning Styles

All JSS learning begins with pre testing (in compliance with fair employment law practices) to establish a baseline of skills from which to begin training accommodated to learning styles.

Learning Strategy Assumptions and the Law

1. We believe that each individual is unique. Job Smart System Safety Series is tailored to manage training to meet the specific needs of individual learning styles as identified. JSS complies with all Americans with Disabilities Act, Title 1, requirements. Pre-testing is done to address barriers before they arise. JSS training builds competencies related to essential functions of the job all within fair employment law practices.

1.1. It is important to remember that NOT all workers, in the previously listed categories, will have the same presentation needs. For example, having a visual disability does not mean that the worker will need their information in a large print format - but having dyslexia or a hearing impairment may require visual learning accommodations. In the same way, if a person is of a culturally or linguistically diverse background they may speak English fluently but be a slow reader of on line text. JSS accommodates.

Diversity Assumptions: Ensuring workers are not disadvantaged because of their cultural background

Job Smart System Safety Series is responsible for developing good cross-cultural practices. This requires an ability to relate well to individuals from a range of cultural, linguistic, and diversity backgrounds (CLDB). It is important not to make assumptions but to ask individuals about how a training situation might affect them.

Some factors, which may affect a CLBD worker in training, include feeling

Overwhelmed by combinations of concepts such as job demands that have safety and quality concepts
Fear of failure due to lack of familiarity with e-learning and computer use
Isolated in the learning situation not knowing how to ask questions due to language barriers
Psychological distracters of differences in being different in dress or mannerisms
Stress due to traumas associated with leaving their country of origin;
Frustration at being over qualified and under utilized by working in jobs, which do not do justice to their qualifications;
Barriers to establishing themselves as a worker in a new country
Pressure to earn money due to financial burdens such as the need to send money home to family in their country of origin and concerns that their livelihood and that of their family will be jeopardized if they fail.
Unfamiliar with Americans with Disabilities Act 1990 and reasonable accommodation which create misunderstanding of peoples intentions

Cultural Diversity and Attitudes: Safe Actions and Practices

Word choices, baseline of definitions and jargon must be established to be understood in training. For example, the words and word pairing “safety, safe actions, prevention, toxic,” do not exist in some languages. If they do, they may not have the same meaning as attributed to them under the OSHA or ANSI communication system. Therefore, Job Smart System Safety Series begins with explaining the purpose of OSHA, to orient the worker to safety expectations and definitions.

NOTE: Consistently confusing to culturally and linguistically diverse workers are expectations and actions of coworkers. This is particularly true relative to safety short cuts, unfinished tasks, and accountability to paperwork (fork lift logs or MSDS) associated with job demands. JSS includes coworker accountability and the aspects of safe actions that are part of any safety success triad e.g. safe actions, safe supervision, and safe strategies such as engineering and ergonomics.

Preferred language versus English as a first or second language

It is important to establish the worker’s preferred language for e learning and training. If assumptions are made which prove to be wrong, a great deal of frustration and the provision of inappropriate service may result. For example, someone with a Slavic name who speaks Slovakian fluently might be offended by having a Slovakian interpreter provided as he / she identify English as his / her primary language. Conversely, just because someone can hold a simple conversation in English does not mean that they are wholly confident using the language when discussing complex hazards, medical jargon, legal and safety procedures relating to work. Accommodation counts.

Communicating with an e-learning interpreter

If workers primary language is not English and the JSS accommodated e learning program is not sufficient, a professional interpreter or translator should be used. JSS will work with this person to ensure that information is conveyed in a way that can be accurately understood by the worker. This is important because interpretation of safety concepts requires a person who has been trained in OSHA regulations not someone who "interprets words" without emphasis and correct inflection on the examples.

Interpreting and Translating Policies

Communication policies should be designed to address language (spoken and written) barriers. JSS uses practical strategies with interpreters to translate information into training that is in appropriate languages. JSS produces information in accommodated formats.

Interpreters: If and when an interpreter is being used. We obtain a statement about learning style so that the interpreter can follow the learning style protocol assessment specifically for each or complicated learning diversity.

Communicating without an interpreter

Many workers of culturally and linguistically diverse backgrounds are able to communicate easily in English. However, it is quite common for people to appear to understand more than they really do (by nodding). Communication even in a first language can diminish under stress. With JSS, e learning is a self-paced, slide-by-slide system, to accommodate timing. Concepts that are not understood are noted by slide number so that the learner can review or create a webinar question. Our on site, e learning is clearly highlighted and signed in American Sign Language slowly and distinctly. It is not impatient or dismissive. This allows plenty of opportunity for highlighting questions.

In sum: JSS Learning Strategies are designed for assessing, planning and implementing success in training.

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