According to the
U.S. Department of Labor (
www.dol.gov/elaws) Sept. 16, 2007 "
a Return-to-Work Agreement (RTWA) is a written document that sets forth the expectations that the employer and the employee assistance/medical professional have of an employee who has completed mandated treatment for alcohol and/or drug problems." This agreement is to be used if an individual has a
primary alcohol and/or drug problem. Primary meaning that his/her alcohol and/or drug problems are the basis of the work related problems that are occurring. It is
not designed to be used on an individual whose primary problem is a work related injury or injuries or disease who is under the care of a licensed physician who prescribes the drugs for either cure or mitigation of symptoms such as pain or any of a myriad of others. One example of the misuse of this type of RTWA would be to force a employee, lets say who has cancer, to sign the RTWA because the drug the employee's physician has prescribed might at times cause nausea and or vomiting and interfere with workplace routine. The RTWA to be used must be for an underlying
primary alcohol and/or drug problem and not used to impede the treatment of an underlying disease or injury or injuries, especially if said injury or injuries were sustained in the workplace.
It, the RTWA is not meant to be a "one size fits all" agreement; that should be obvious to all rational and sensible people. It should not be used to "get rid" of or discard employees that are becoming a logistical or financial problem for the employer...to use it for this reason would be amoral and allegedly illegal.
According to the U.S. Department of Labor
"Developing a RTWA requires:- Coordination between the employee, employer, union, Employee Assistance Program and/ or treatment professionals.
- Compliance with the organization's policies and legal obligations, as well as medical recommendations.
- Prior notification through company policy that an RTWA would be expected as a condition of continued employment.
I hope all people of honor and conscience in positions of authority use a RTWA for the benefit of the employee and not as an illicit tool to solve their self motivated problems with that employee. In the end we all will have to answer for our actions especially when they affect the welfare of other individuals and their families.
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2 comments:
From what I've read so far, Sgt. Gorski sustained two on-the-job back injuries, and those were the injuries that resulted in medical treatment and appropriate medication prescriptions for pain. If this were a football field, it would be littered with yellow flags. It takes a doctor to diagnose injuries, provide treatment and issue prescriptions. If you don't have M.D. or D.O. behind your name, you can't prescribe drugs for back injuries and related pain. An opinion about appropriateness of certain medications for pain control is just that - opinion. It can have no medical, legal or professional weight.
There appears to be no valid reason or purpose in this case for a Return-to-Work Agreement. Is there one and, if so, why?
I guess the legal system does not work as fast as the NFL but they do have REPLAY so actions taken by both sides in some cases can be reviewed and scrutenized and sometimes penalties rendered.
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