Re: pregnant x-ray tech

["Sandy Perle" <sandyfl@ix.netcom.com>]

Very good question. The regulations (as determined by the courts) 
have declared that no hazardous materials, exposure, etc., can be 
used to discriminate against a worker. The worker can continue to 
work in the area, as long as they are treated the same as other 
workers doing the same job. The issue here is one which the 
individual is requesting to be removed from a work area, via a 
physician's note. The regulations do allow a "declared pregnant 
worker" to receive up to 500 mrem for the entire gestation period. 
This issue is analogous to a worker who may decide on their own, that 
they do not want to work in an airborne contamination area, and 
refuse to work in there, with or without a respirator. I personally 
believe that the individual in question could be terminated for not 
performing the job in which she/he was hired (he for other reasons, 
not pregnancy obviously). The facility could be proactive and assign 
this individual another job, where there is a need, and not just 
because they want to accommodate her. On the other hand, if they force 
this individual to work in the x-ray facility, under duress of being 
terminated, what do you think that individual might do to retaliate 
against the facility? What if the pregnancy has an abnormal situation 
arise? These are the questions the RSO, supervisor and legal 
departments need to address and derive a contingency plan.

> This brings up a very good question.  Does the court ruling which 
> prohibits an employer from removing a woman from a job hazardous to 
> her baby or potential baby also prevent her from trying to be removed from a 
> job which poses little or no hazard (to her baby) based solely on what she is 
> comfortable with?
> 
> Eugene Forrer
> Texas Department of Health
> Bureau of Radiation Control

------------------
Sandy Perle
Technical Director
ICN Dosimetry Division
Costa Mesa, CA 92626
Office: (800) 548-5100 x2306 
Fax:    (714) 668-3149
  
sandyfl@ix.netcom.com
sperle@icnpharm.com

ICN Dosimetry Website:
http://www.dosimetry.com

Personal Homepage:
http://www.geocities.com/CapeCanaveral/1205

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