How a Simple Clue Unlocked a Workplace Safety Crisis: All We Had to Do Was Listen

"Vincent's" tone of voice sounded urgent: "Mr. Beaver, I run a construction company in the Pacific Northwest, and we are facing a situation that I hope you can help us with.

"I've read your column in Kiplinger for years and recall two stories where you pulled rabbits out of a hat, convincing people to do the right thing.

"In one, you persuaded a badly near-sighted carpenter to get a pair of eyeglasses (Can an Employer Fire an Employee for Not Wearing Glasses?), and in the other, a married father with a young daughter refused to wear a motorcycle helmet (Employee Refuses to Wear a Motorcycle Helmet: Can He Be Fired?). You spoke with him, and he actually sold the bike!

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"I hope you can work your persuasive magic with 'Nicole,' our wonderful-to-work-with 45-year-old crane operator. She has hearing aids but won't wear them! Adequate hearing is crucial for recognizing warnings, such as horns, sirens and shouted instructions, on noisy job sites.

"Nicole is becoming a risk to other employees who work with her. Her family tells me about serious communication issues at home, and she is the family's breadwinner, earning over $80,000 a year. Finding a high-paying job like hers, in our area, isn't easy.

"Maybe you can get through to her — and, by the way, everybody in the office, including Nicole, reads your column, because I print each week's story and leave it in our break room, so you would not be a stranger to her. You are my last hope."

I agreed to try, but first I needed to understand the dynamics of someone in Nicole's shoes and find out how I could enlist her family as a tool for change.

For the record, simply having a hearing impairment is not grounds for termination under the Americans with Disabilities Act (ADA), but that protection is not absolute. An employer could fire a crane operator for refusing to wear hearing aids if it created a "direct threat" to safety that cannot be eliminated through reasonable accommodation.

How do you motivate someone with a hearing problem to get help?

I spoke with Dr. Greta Stamper, a clinical and research audiologist and chair of the Audiology Division at the Mayo Clinic in Jacksonville, Florida.

"How do you begin the conversation with someone who might or might not recognize their hearing problem?" I asked her. "Also, how do you motivate them to get help, or even wear hearing aids if they already have them?"

"The problem needs to be identified before there can be any motivation to do something about it," she said, and suggested an approach using these or similar questions:

• Have you noticed that you are struggling to hear me or don't notice when the microwave beeps?
• Remember last week at the meat market when they called your name, but you didn't respond?
• When we are watching TV, you turn the volume really high and use closed captioning. You never did this before. Why do you think you do it now?

"Once you have their attention," Stamper said, "if they've never had their hearing evaluated, then suggest, 'This might be a good time for a hearing evaluation.' If they already have hearing aids, ask, 'Can you help me understand why you don't want to wear them?'"

Stamper added, "It is important to discover the why — the obstacle stopping them from addressing their hearing issues. Some people do not see a problem. For others, there is a perceived stigma of aging. Without some internal motivation to move forward, it is unlikely that anything will change."

Behind the scenes with Nicole's family

Vincent, the reader who reached out about Nicole's issue, cares deeply about his employees and their families. He arranged a Zoom session for Nicole's parents and me the day following my interview with Stamper.

For over an hour, they poured out their hearts about the daughter who is their sole source of support. They clearly love her and are worried about what would happen if she lost her job, but they have no idea why she is refusing to wear hearing aids.

I asked them to describe her demeanor when arguments break out, as they do in every family. "How does Nicole react when this happens? Does she participate? Think of her body language. Is she involved in the argument or discussion? Describe her facial expressions. Do family arguments seem to frighten her?"

"Yes, always. The louder we talk, the more upset it makes her," Nicole's mother replied.

They gave me a clue. It was time to speak with Nicole.

Zooming with Nicole — it's all about the noise

The afternoon of February 25, it was a chilly 40 degrees in much of the Pacific Northwest, where Vincent's company is located. It was 75 here in Bakersfield, California. Within minutes, some of our Southern California warmth made its way into Vincent's office, where Nicole was on our Zoom call.

"Vincent wants you to convince me to wear hearing aids, right, Mr. Beaver?" she asked.

"Partially correct, Nicole. Partially. And with your help, we are going to make a whole bunch of people as happy as can be, beginning with you, because I think I know why you don't want to wear hearing aids. Noise — loud, aimless, jarring sounds drive you up a wall, right?"

"How did you know, Mr. Beaver? It's true! I hate those hearing aids when my family gets into yelling contests, and when I wear them on job sites, it feel like my head is in a metal trash can and someone is banging on it with a hammer."

"Nicole, our office has several clients who have recently purchased hearing aids with noise-reducing AI technology, and they just love them. I know for sure that Vincent will buy them for you, so please ask him to join us."

She found Vincent and brought him back into his office, and I briefed him on what he could do for Nicole, her family and his company. He agreed.

I'll keep you in the loop on what happens next.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.

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