§ 44.13. Equipment modification.
(a) An employer shall make reasonable accommodations by modifying equipment and tools so that they can be used by a handicapped or disabled employe; provided that the modification does not impose an undue hardship upon the employer.
(b) A handicapped or disabled person shall be allowed to provide his own equipment or tools in order to function properly in the job applied for or engaged in.
(c) In determining whether or not an undue hardship is imposed by the requirement that reasonable accommodations be made in accordance with this section, factors to be considered in addition to those appearing in § 44.4 (relating to definitions) include, but are not limited to:
(1) The effect the modification has on use of the equipment by others.
(2) The effect the modification has on warranties governing the equipment.
(3) The permissibility of making the modifications under applicable health and safety laws.
Comment The Commission believes that subsection (a) places the burden of modifying equipment on the employer subject to an undue hardship defense. Subsection (b) merely prohibits the employer from disqualifying the employe who wishes to provide his or her own tools or equipment. Subsection (b) is not intended to prevent employers from requiring that the tools and equipment provided by handicapped and disabled workers comply with bona fide safety standards.
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