Should a company restrict the activities of a suicidal employee that works with human pathogens?
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I think that in most cases that would be the wise thing to do. I was counseling someone for depression who worked as a chemist at a medical research facility and he was found dead on the job. I don't know what the cause of death was but he was in his 30's and so I have to wonder if his access to the substances available at his work place gave him the components he needed to take his own life.
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filed under well DUH! Of course they should. And you can tell them I said so. Feel better?
I SAY
Lets roll the dice and see what happens.
life is getting boring
Yes, I think the employer has to be careful about someone who might harm themself or others, especially if that person is around dangerous or toxic substances. Otherwise, the corporation might face liability for the injuries to that person or co-workers or others.
Dana Anderson, atty and mental health counselor in training
First of all, I hope the employee is doing all right now - it takes a lot of pain in one's life to make the choice to end it, and I hope that everything on the personal front is looking up. Welcome back to life :-)
I'm just a lay person, but my opinion (FWIW) is that this is an ADA (Americans with Disabilities Act) issue, which does extend to mental conditions. The general rule is that if the person can successfully perform the job function with reasonable accommodations, there should be no discrimination against that worker.
If it can be established that whatever medical treatment the worker is undergoing (medication/counseling) is successful at preventing a relapse of symptoms that could endanger the worker or others, I don't see why not. But this may take time to establish, especially since medications to treat suicide, depression, psychosis etc. can have side effects that actually intensify the problem (as SSRI's such as Paxil have been shown to do especially among teens).
If it were me, I'd consult with the company's legal department and see if I can work out a set probationary period where the worker could still perform the non-hazardous functions of the job and, once the condition has stabilized, with follow-up and possible restoration of job duties.
Of course, some companies, because of the sensitive nature of what they do, may be able to make a case that a person struggling with mental illness cannot perform those job functions regardless of their level of recovery. Sometimes the rationale is legit, sometimes it's entrenched willful ignorance about mental illness.
Whatever happens, I hope all parties involved will take into careful consideration the best interests of the employee. Good luck with that.
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