Question
I have a worker who claims he is unable to wear the personal protective equipment to do the job. If OSHA requires PPE for a particular job, does the ADA give the employee an exemption from complying with the law?
Answer
If OSHA requires personal protective equipment for a certain type of work and a person with a disability cannot wear the PPE, the Americans with Disabilities Act does not provide the worker with an exemption.
Explanation
An employer may require an employee with a disability to observe a dress code imposed on other employees in the same job. If the employee cannot meet the dress code because of a disability, the employer may still require compliance if the dress code is job-related and consistent with business necessity. An employer also may require that an employee with a disability meet dress standards required by federal law. If an individual with a disability cannot comply with a dress code that meets the "business necessity" standard or is mandated by federal law, even with a reasonable accommodation, he will not be considered "qualified."
Example 45: An employer, pursuant to an OSHA regulation, requires employees to wear steel-toed boots. An employee has severe burns on his feet and legs that prevent him from wearing these types of boots. No accommodation is possible, and he asks for an exemption. The ADA does not prevent employers from complying with other federal laws, including the Occupational Safety and Health Act which requires employees working in certain jobs, industries, or positions to wear particular items of clothing or protective gear. Under these circumstances, the employer may insist that the employee wear steel-toed boots. Because the employee cannot comply with this rule, he is not "qualified."
Source: EEOC Web site "The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities"