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Handicapped Parking Issues for Employers
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Handicapped Parking Issues for Employers
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My organization is a large healthcare system (over 10,000 employees). As you can imagine parking is at a premium and employee parking is farther away from the buildings to allow closer parking for pat
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Forums » Topic Forums » Legal Forum » Handicapped Parking Issues for Employers
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Handicapped Parking Issues for Employers
posted at 2/22/2011 6:18 AM EST
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Posts: 11
First: 8/11/2006 Last: 2/23/2011 |
My organization is a large healthcare system (over 10,000 employees). As you can imagine parking is at a premium and employee parking is farther away from the buildings to allow closer parking for patients and visitors.
As we've started enforcing our parking policies more stringently, we've noticed a significant increase in handicapped parking permits for staff. I know the root of the problem is that some physician's complete the applications for employees who don't have conditions that would prohibit them from walking from employee parking, but here's my HR concern: The vast majority of employees with handicapped plates are in positions that very specifically require significant walking or standing as part of their jobs and don't seem to have an issue with performing their jobs. ( I really think it's an issue of wanting to park closer to avoid being considered tardy - does that sound jaded?) Do you think it would be too intrusive to require that anyone with a handicapped plate be required to present a physician's statement to our Employee Health Department with any work restrictions? If their physicians state they have no work restrictions, I'm not sure what I'd want to do with the information. It's a touchy subject and I don't want to step into any ADA issues. If it were just a matter of contacting the state DMV, I'd be comfortable but because they have a phycian stating they have medical issues, I'm not sure where to go with it. Anyone experienced anything similar? |
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Handicapped Parking Issues for Employers
posted at 2/22/2011 6:33 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
"As we've started enforcing our parking policies more stringently, we've noticed a significant increase in handicapped parking permits for staff."
Is HR responsible for enforcing Parking Policies? If yes you have my condolences. I do not think it is a good practice for you to get involved with who is or is not eligible for Handicapped Parking. This is a medical determination that HR should stay away from. There is no good outcome for you here only lose-lose. |
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Handicapped Parking Issues for Employers
posted at 2/22/2011 6:42 AM EST
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Posts: 11
First: 8/11/2006 Last: 2/23/2011 |
Thanks for your quick response. Actually the security department issues parking citations, but we expect managers to discipline if policies are violated. Apparently we have signficantly more handicapped spaces designated than the law requires, but what's happening is that staff are filling up the handicapped spaces, creating difficulty for patients to find parking spaces. You're right in that it feels like a rock I'm not sure I want to pick up, but it just feels so wrong seeing able-bodied employeees taking up those spaces... |
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Handicapped Parking Issues for Employers
posted at 2/22/2011 7:06 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
We expect managers to discipline if policies are violated. The policy is not being violated if they display the card.
How can they (security) possibly know when someone is violating policy if they have the proper hanging card displayed? One solution would be to designate visitor handicapped and employee handicapped and monitor the visitor spots for employees. I would also cut back on the number of employee slots to a very precious few (no more than the law requires) and then see if there any legitimate complaints that come up. Also, depending on the organization, over time there comes a sense of "entitlement". Your president/ceo could send out a note to staff asking them not to abuse the priviledge and to set a high standard. Then of course remind the penalties for abuse up to and including termination.......... |
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Handicapped Parking Issues for Employers
posted at 2/22/2011 11:13 AM EST
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Posts: 11
First: 8/11/2006 Last: 2/23/2011 |
In order to medically qualify for a handicapped plate in this state, the physician has to complete a form stating that the "patient" is unable to walk more than 100 feet (or requires wheelchair, walker or a brace). The issue is that many of the people with handicapped tags are nursing staff and housekeeping staff who are continually on their feet and required to walk constantly. If they couldn't walk more than 100 feet, they wouldn't be able to do the essential functions of the job.. It's just frustrating to see people game the system to get to park closer to the building, but there are times when we just have to accept what is...
By the way, employees with handicapped parking must register their tags with security and are assigned a parking area, but are not separated from other handicapped parking. So, we know who has a handicapped tag. It just may not be a battle I want to fight right now. Thanks again.... |
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Handicapped Parking Issues for Employers
posted at 2/22/2011 12:05 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
So now that you know that a number of your staff may require a reasonable accomodation which you did not know before, do you have an obligation to have the ADA discussion with them? What about worker's comp exposure (as in big bad hospital made me walk all day long even though they knew I could walk more than 100 ft?).
Maybe a letter stating "we've become aware that you may not be able to meet the physical requirements of your present position. Please bring us a physician's statement that you are able to physically perform your assigned duties." I started this response somewhat tongue-in-cheek, but the more I think about it, the more I think this could be used against you. |
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Handicapped Parking Issues for Employers
posted at 2/23/2011 1:41 AM EST
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
I think you may be looking at this in not the best of ways.
I don't know what state you are in or if it even matters. But I have first hand knowledge of two states that allow for handicapped parking permits for a variety of disabilities and some of which do not "on the surface to us lay people" restrict the ambulation of those in receipt. It is simply that they have a condition that "could result" in additional injury if they must walk too far. Now I'm not saying that is the situation here. I am just saying it is something to consider. I try hard to stay out of parking issues with regard to handicapped spots. Once the statutory maximum number has been reached where I work that's all there is. I engaged once when an announcement went out for those using the "van accessible" spots to try to not use the whole space and share what was there with another vehicle. Our discipline process is quite clear and Managers know how to write up employees. HR does not engage beyond that. |
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Handicapped Parking Issues for Employers
posted at 2/23/2011 4:05 AM EST
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Posts: 11
First: 8/11/2006 Last: 2/23/2011 |
The more I'm thinking about it (and adding your perspectives), the less appealing tackling this issue becomes. I realize it's sometimes better to just not "go there."
Yes, there are a couple of other physical conditions that could make someone eligible for handicapped parking, including cardiac or pulmonary issues, but all of them relate to issues with walking or problems with exertion from walking. Again, if this were the case, many of them would not be able to meet the physical requirements of the job listed on their job descriptions. All of them would've gone through a post-offer medical screening, so we know they initially were deemed physically able to meet the job requirements when they were hired. I don't have concerns about those positions that would not require walking as part of their jobs(such as administrative or clerical positions). The issues are with the ones whose positions require constant walking and standing (staff nurses, housekeeping staff, etc.) Thanks for your insights... |
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Handicapped Parking Issues for Employers
posted at 4/26/2011 7:46 AM EDT
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Posts: 1
First: 4/26/2011 Last: 4/26/2011 |
In the State of Washington, you only ever have to give the state a Drs note once and then you renew the disabled placard by mail attesting to the fact that you need it. It's no wonder so many people have them forever.
The State also issues an ID card and the holder of that card must be the one in the car. Perhaps it would be reasonable to have your security staff stationed at those handicap spots one morning every 6 months (randomly) and verify that the the holder of the card is the one using the placard. They aren't asking medical info, just verifying ID. If they aren't the correct person, they are committing fraud. In the City where I live our parking enforcement officers have the authority to confiscate the placcad if the ID doesn't match. I don't know what level of authority your security has but they may be able to do this as well. Additionally you can possibly discipline them for lying or the fraud since it's breaking the law. |
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