The Occupational Safety and Health Administration sets safety regulations for small businesses and industries across the country. In the case of employing workers suffering from diabetes, OSHA regulations provide only a small part of employer obligations. The Americans with Disabilities Act serves as the larger source for employer requirements in managing diabetic employees and ensuring safety in the workplace for all employees.
Non-Health Care Settings
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OSHA does not have any regulations relating to diabetic employees and private employer obligations in a non-health care setting. According to OSHA's website, an employer has no legal requirement to provide specialized containers for the disposal of insulin needles or other objects coming in contact with blood. OSHA recommends that employers strongly encourage diabetic employees to bring containers for the safe disposal of needles and other objects, including gauze pads or wipes, coming in contact with employee blood. This helps mitigate the chances of another employee coming in contact with used needles and objects contacting employee bodily fluids.
Health Care Settings
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The Blood Borne Pathogen Standard under OSHA requires employers in health care settings to provide bio-hazard and "sharps" containers for the disposal of used needles and objects that touch patient or employee blood. A diabetic employee working in a health care setting, including a doctor's office, must use these appropriate containers when self-administering an insulin injection while on the job. Failure to use the designated disposal containers could result in employee injury and increase the risk of infection because of a blood-borne illness.
Americans with Disabilities Act
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The ADA augments existing safety requirements under OSHA regulations for diabetics in the workplace. Under the ADA, an employee may request appropriate accommodation from an employer to manage her diabetes. This includes a break to eat a snack or time to administer an insulin injection. These rights are necessary for the employee to manager her condition and ensure the safety of other workers. A diabetic who doesn't properly administer insulin could lose consciousness and pose a safety risk to other employees.
Medical Examination Laws
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If an employer fears that a worker's diabetes presents a significant safety risk, the employer may request the employee take a medical examination. An employer may request this examination only if the employer has a legitimate reason to believe a safety threat exists. For example, if a diabetic employee causes several OSHA safety violations because of diabetes-induced fatigue, an employer may request the employer take a medical examination to determine the seriousness of her condition.
