Can employers have their employees sign a sheet at the end of the day/week/month/pay period stating they worked accident-free for that work period?
Editor’s comment: We recently had a friend of the firm ask us this question, and we answered with a hearty affirmative.
We have seen these types of affirmative signings in a variety of formats throughout the years – simple weekly/pay period signings on a timesheet, every day signings on a time clock punch slip, and even actual individual documents. Essentially, it is our reasoned legal opinion asking questions of whether any workplace injury occurred in no way infringe on a worker’s rights and could be incorporated into such a document without legal detriment to the employer.
In fact, one could easily incorporate the following statements as a simple form or addendum an employee could either check of as affirmative, or outline answers to if needed:
I am injury free and have not been involved in any work accidents or injuries other than as listed below.
I am physically able to perform all work assignments without accommodation; if accommodation is requested, outline in Description section below
I understand that I am to report all work accidents or physical problems, no matter how minor, to my supervisor immediately.
When asked if something like this would run foul of the ADA or of any similar law of the state of Illinois, we again have to emphatically confirm it is our reasoned legal opinion this type of reporting is proactive behavior intended to help workers, and such accurate reporting of injuries with hopefully swift treatment is a goal to be worked toward, not an action to be punished.
If you would like a draft document of the type referenced in this article, please send a reply email and we would be happy to tailor one to your firm’s needs.
This article was researched and written by Arik D. Hetue, J.D. If you have thoughts and comments, please send a reply to ahetue@keefe-law.com, or post them later today on the blog at www.keefe-law.com/blog.
