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RE: Rad Worker Layoff??



A few days off with pay is, in reality, an understatement.  Depending 

on the isotope given the period of time can range from one week to a 

month.  Of course we have had workers show up to work who werent even 

aware they had had a nuclear medicine procedure.  Only when they walked 

near the friskers and portal monitors did we find out.  They were 

definitely surprised when everything lit up. 



Our policy is to find work for them outside of the controled areas.  If 

that can tbe done then another option is to "donate" them to a local 

charitable organization - United Way, Red Cross, Habitat for Humanity 

etc.  Find a group that can use the workers skills - much better PR 

than laying him off.   Plus the company may be able to write off the 

workers pay as a charitable donation 



I dont believe ADA would apply because a major life function hasnt been 

impacted. The person still has the ability to work - just not inthat 

specific job.  Of course it could probably be covered under FMLA (but 

that is also without pay).

Just my humble two cents worth.  



Marty Bourquin

W.R. Grace 

Marty.Bourquin@Grace.com 



-----Original Message-----

From: grmarshall@knology.net [mailto:grmarshall@knology.net]

Sent: Tuesday, October 30, 2001 7:27 PM

To: radsafe@list.vanderbilt.edu

Subject: Re: Rad Worker Layoff??





I really hate it when we as a society boil everything down to whether 

or not

a particular action is legal, or whether or not the party taking such 

action

can be sued.  To lay someone off because he or she had a medical 

procedure

done, even if it's legal, is immoral-- plain and simple.  If my 

employer was

in the habit of doing that sort of thing I would consider quitting

immediately; at the very least I'd be actively seeking employment 

elsewhere.



Now for the pragmatic argument:  It's probably illegal at least in a few

states, it's certainly something that would send the union into a 

frenzy,

and it would probably-- and rightly-- get the employer sued.



Yes, you take the worker's TLD away.  You don't let him go anywhere 

until

you're sure he can get through the PCM.  You might even keep him away 

from

your other monitored workers in order to prevent false TLD readings.  

But

you don't lay him off.  In fact, if you have no suitable work for him to

perform, then send him home with pay for a few days.



Glenn





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