What is: Reasonable Adjustment for Impairment

What is Reasonable Adjustment?

Reasonable adjustment is where an employer makes appropriate adjustments to the workplace (including the employee’s role) to lessen the impact of an employee’s impairment.

“Reasonable Adjustment” is a legal requirement. Managers must understand reasonable adjustment is and how it must be implemented.

The Anti-Discrimination Act 1991 (QLD)

The Anti-Discrimination Act requires employers to consider adjustments to the workplace to enable people with an impairment to effectively take part in workplace.

Definition of Impairment

The Anti-Discrimination Act defines “impairment” to include:

1. the total or partial loss of bodily functions or part of body
2. the malfunction of a part of the person’s body
3. something that results in the person learning more slowly
4. something that impairs a person’s thoughts, perceptions, emotions, judgment, or results in disturbed behaviour
5. the presence in the body of organisms capable of causing illness or disease; or
6. reliance on a remedial device.

You must consider Reasonable Adjustment when impairment presents challenges to employment, accommodation, or access to goods and services.

Reasonable Adjustment

Reasonable adjustment involves making changes to the environment or the way work is done to limit the impact of an impairment. Any reasonable type of change may be acceptable.

An employer should consider what adjustments might be made to accommodate the person with an impairment. If those changes are reasonable, and do not impost an “unjustifiable hardship” (a legal term), then those changes should be seriously considered.

Reasonable Management Action undertaken in a reasonable way

You do not have to make adjustments if:

• they create “unjustifiable hardship” on the workplace; or
• are “unreasonable”:

It is important to consider:

1. the nature of the adjustment; and
2. the cost the adjustment
3. the number of people who would benefit or be disadvantaged; and
4. the disruption that supplying the adjustment might cause; and
5. the nature of any benefit or detriment to all people concerned.

Reasonable Adjustment Examples

Reasonable adjustments must be considered on a case by case basis for each employee and role. What is reasonable in one work unit may not be reasonable in another.

Examples of Reasonable Adjustments might include:

• Hours of work – Finish shift early to avoid travel in diminished light
• Altered work location such as different floor, building, campus, or work from home for mobility or accessibility issues
• Altered workstation setup – For situations where the standard desk is problematic
• Amendments to rosters (subject to industrial requirements)
• Technological Alterations – text to speech and speech to text software, audio warnings, altered signage
• Leave access – Standing approval to accommodate medical issues or appointments
• Storage – Provision of locker or location to store necessary items

Why is this important and what’s my role?

• Managers have an obligation to consider reasonable adjustments to the workplace.
• As a manager you have the authority to make your workplace more accommodating, flexible, and welcoming.
• Making reasonable adjustments supports Metro North Health’s commitment to a “Culture of Safety and Respect”.

What do I need to do?

As a person in charge of work areas you need to:

• Genuinely consider all adjustments to the workplace to accommodate employees with an impairment.
• Actively look for adjustments to make the workplace more inclusive and accessible.
• Seek advice and approval on adjustments you believe are reasonable.
• Document your decision and the reasons you made it.

Tips

• Document your decision and any information that you relied upon in your decision-making process thinking both for and against the adjustment.
• Check with your local HRBP.
• Consult with the person who may require the adjustment. Try to avoid making assumptions. You should try to make Reasonable Adjustment decisions through negotiation between the parties.
• Consider the impact of any change on the work unit, co-workers, and patients.
• Be creative when considering what adjustments you might be able to make.
• Sometimes adjustments are easier than we thought. Take the time to challenge your thinking about what is possible. For example, think of all the changes that were implemented in response to COVID-19 related challenges.
• Any limits imposed by industrial or safety reasons are not negotiable.
• Research potential options, follow policy, and obtain proper approvals.
• Consider a trial period for the adjustment and evaluate at the end of the trial. Some adjustments may need to be long term.
• Don’t make permanent or open-ended adjustments. Make sure you add a reasonable review date to ensure it is still working for all parties.
• Never lose sight that you are trying to make the workplace workable for as many people as possible. When making decisions you must consider what is “reasonably practical”. To do this you must consider many factors about whether the proposed adjustment is reasonable.

Invisible Vs Visible Impairment

Not all impairment is obvious:

• Some impairments are visible such as being confined to a wheelchair.
• Some impairments are not visible such as having reduced endurance.

When a person requires Reasonable Adjustment under the Anti-Discrimination Act it is important to consider both visible and invisible situations.

Always consider that you may not be able to see the person’s need for adjustment.

How long Reasonable Adjustment lasts

Some impairments are:

• temporary (e.g. a broken leg).
• intermittent where there are times when no reasonable adjustment is needed and times when it is (e.g. some mental health impairments).
• degenerative and may require more adjustment over time.

It is important to regularly review reasonable adjustments to ensure they remain appropriate and workable.

Seeking more information about a person’s impairment

When a person says they require adjustments, it is important to work with them to understand the nature of their impairment. Ask for more information in a compassionate and respectful way. Your local Human Resource Business Partner can provide guidance.

Sometimes you may benefit obtaining medical information from the person or a clinician such as an Occupational Therapist, Treating Practitioner or Medical Specialist. You must only contact an employee’s treating clinician with the employee’s written approval. Your local Human Resource Business Partner can assist in:

• providing and completing the necessary employee authority form; and
• framing suitable questions for the clinician

Useful Links

• Anti-Discrimination Act
• Work Health and Safety Act
• HR Policy G3 (QH-POL-210) Reasonable Adjustment
• HR Policy G2 (QH-POL-132) Diversity and inclusion