Don't Ask Job Applicants If They're Allergic to Latex

Don't ask job applicants if they're allergic to latex, even if they might have to wear latex gloves on the job. While you might think it's an appropriate way to evaluate the applicant's qualifications to perform the job, asking a direct question about latex allergies may violate the Americans With Disabilities Act (ADA).

The ADA bans employers from discriminating against individuals with disabilities. Directly asking individuals if they have a disability is one form of discrimination. A latex allergy would be considered a disability under the ADA. So asking applicants if they're allergic to latex is illegal.

But you can ask a job applicant ?Are you allergic to anything that would prevent you from carrying out the essential functions of the job?? This question is okay for two reasons: First, it doesn't ask about latex allergies or any other specific disability. Second, it addresses the individual's capacity to do the job, not her physical or mental condition.

Give Employees Direct Access to MSDSs

Make sure your employees have direct access to your Material Safety Data Sheets (MSDSs). Requiring employees to ask their supervisors for the MSDS could make you guilty of violating the OSHA Hazard Communication Standard.

OSHA requires employers to keep MSDSs providing detailed information for each hazardous substance stored, handled, or used in the workplace. The MSDS must be ?readily accessible? to employees when they're in work areas during shifts. According to OSHA, ?employees must have access to the MSDSs themselves.? How you provide that access, says OSHA, is up to you and what's appropriate for your facility. One option is to put paper versions of MSDSs in a binder kept in a central location. Another option is to make MSDSs available to employees by means of a computer terminal (provided that you keep terminals in working order at all times and train employees how to access the information).

But employees shouldn't have to ask supervisors for MSDSs. So, for example, keeping MSDSs in a supervisor's office wouldn't satisfy the readily accessible requirement unless employees had free access to that office at all times.

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