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1 total messages Started by Stan Koper Thu, 12 Sep 1996 00:00
Proposed Changes to ADA
#11632
Author: Stan Koper
Date: Thu, 12 Sep 1996 00:00
51 lines
3162 bytes
I recently received the following report of legislation 
introduced into Congress:

        "Representative Zeliff (R., NH) has introduced H.R. 4017, 
        which would amend the Americans with Disabilities Act
        (ADA) to provide that with respect to safety-sensitive
        employment functions, an employee or applicant shall not
        be considered to be a qualified individual with a
        disability if the individual has a medical, legal or 
        other verifiable record or history of the illegal use of
        drugs.  Individuals with a medical, legal or other
        verifiable record or history of the abuse of alcohol or
        of clinical alcoholism shall be excluded from such
        employment functions for at least 10 years.  
        "Safety-sensitive employment function" is defined as an 
        employment function which if performed improperly, would
        pose a significant risk of physical harm to one or more
        persons or of substantial damage to real or personal
        property.  These restrictive provisions would also be
        applied to the same extent and in the same manner
        under sections 503 and 504 of the Rehabilitation Act."   

When the Exxon Valdez went aground a few years ago, the Exxon 
Corporation issued a policy which prevented all persons with a 
record of alcoholism or (I believe) alcohol abuse from serving as
captains aboard seagoing vessels.  This policy has since been 
challenged.

The New York Times , in discussing the accident and Exxon's 
policy, noted that United Airlines has a policy of putting 
alcoholic pilots back to work, provided they can demonstrate that
they are no longer abusing the substance.  The reason for this, 
United officials said, was because they wanted pilots (as well 
as their spouses, friends, and colleagues), to feel free to seek
help, without worrying that they would jeopardize their 
employment.  Otherwise, pilots with a problem might tend to try 
to hide it, with potentially disastrous results.

I expect that this bill will receive a thorough going-over, but 
if you have a relative, friend, spouse, SO, or know someone who 
has struggled through an alcohol or other drug problem, and has 
managed to gain some degree of control over their lives, you may 
wish to express your concerns about this bill to its sponsor, 
and/or to your own Congressional representatives.

 -- 
Stan Koper
skoper@netcom.com
     "The Bill of Rights--Ten Impediments to Law Enforcement?"
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