COHN Disability and Return-to-Work Questions and Answers

Question 1

An employee returning to work after a non-work-related surgery has a permanent lifting restriction of 15 lbs. Their essential job functions as a stock clerk require lifting up to 50 lbs. According to the Americans with Disabilities Act (ADA), what is the occupational health nurse's MOST appropriate initial action?

Accepted Answer

Initiate the interactive process with the employee to explore potential reasonable accommodations.

Answer

The ADA requires employers to engage in a good-faith interactive process when they are aware of an employee's disability and need for accommodation. This collaborative dialogue is the first legal and practical step to determine if a reasonable accommodation exists that would allow the employee to perform the essential functions of the job, such as modifying the job, providing equipment, or reassigning to a vacant position. Terminating employment or referring to disability benefits without this step is premature and could violate the ADA.

Question 2

Which of the following statements accurately describes the relationship between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)?

Accepted Answer

An employee can be entitled to protections under both laws simultaneously, and their rights are determined by the provisions of each separate law.

Answer

FMLA and ADA are separate laws with different definitions and eligibility criteria. An employee's 'serious health condition' under FMLA may also qualify as a 'disability' under the ADA, making them eligible for protections under both. The ADA applies to employers with 15+ employees, while FMLA applies to those with 50+ employees. Importantly, additional leave beyond the FMLA's 12 weeks may be a reasonable accommodation required under the ADA.

Question 3

When developing a formal transitional duty program, which component is MOST essential for ensuring the program is effective and legally compliant?

Accepted Answer

Written, goal-oriented plans for each employee with a specified duration and clear objectives for progressing back to full duty.

Answer

Effective transitional duty programs are structured, not open-ended. A written plan with a clear purpose, specific goals, and a defined time limit (e.g., 90 days) ensures the program serves as a bridge back to full employment rather than becoming a permanent, unmanaged placement. This structure helps manage expectations for the employee, supervisor, and medical provider, and demonstrates a good-faith effort to return the employee to their original job.

Question 4

An employee is medically cleared to return to work without restrictions after an injury, but tells the occupational health nurse, "I'm terrified I'm going to hurt myself again just by doing my regular tasks." This statement indicates a significant barrier to a successful return to work. What is this type of barrier best described as?

Accepted Answer

A psychosocial factor influencing recovery.

Answer

The employee's fear of re-injury is a classic example of a psychosocial barrier. These factors, which include fear, anxiety, lack of confidence, and perceived lack of support, can significantly impede or delay a return to work even when an employee is physically capable. Addressing these psychological and social components is a critical part of holistic return-to-work case management.

Question 5

In the context of disability management, a well-documented analysis of a job's essential functions is MOST critical for which reason?

Accepted Answer

It provides the objective basis for engaging in the interactive process and determining if a reasonable accommodation is possible.

Answer

Under the ADA, an individual must be able to perform the essential (or fundamental) duties of the job, with or without a reasonable accommodation. A clear definition of these essential functions is the foundation for the entire accommodation process. It allows the occupational health nurse and employer to analyze an employee's restrictions and determine if an accommodation can be made to enable them to perform these core duties, or if doing so would pose an undue hardship.

COHN Exam Practice Test

COHN Exam Practice Test

COHN Disability and Return-to-Work Questions and Answers