Some companies take that to heart, some treat the employees purely as a resource. There can be a system with capitalist motives but with a larger focus on the worker and their rights. It's not that capitalism itself is to blame here, it's our use of it that matters. There are more than 4 systems of economy (there are even more than 4 versions of capitalism) It makes the entire prospect of protecting the public, or coworkers effectively unattainable as legally they are not unwell any more. Under current law if the medication works, even if only for a few hours, the mentally ill are within rights to AMA themselves and return to whatever they were doing and stop taking their medication. I am not sure if we are quite to the point that the danger is perceived as high enough to the average person for wide public support, but we are getting there & when we do I expect that the first change will be to modify the conditions of involuntary holds to include repeated episodes due to going off your meds, but even at that I still expect massive political and legal battles over how that disproportionately affects some groups more than others and will likely require so many repeat offences as to be useless in the workplace. Likely with the homeless as there are something like 60% of them with a diagnosis and off their meds. If someone wanted to address this issue they would need to start from a place with much more public support. You would need to legally define a path for an employer to follow to immediately remove an unstable employee as a series of specific exceptions to labor contracts, constructive dismissals, race, gender & age discrimination laws, and a wide variety of local, state & federal worker protections.Īny attempt to change any of those laws would be pounced on by various lobbies and these events are rare enough that nobody is going to burn they much political capital here. You would have to reverse the deinstitutionalization reforms of the 1960's & 70's to get them labeled as unwell enough to compel then to stay off their meds. The law effectively puts the decision to work almost completely in the hands of the unwell and the medical decision of who is unwell enough to be labeled fully disabled and who is deserving of a forced commitment impossibly out of reach for cases like this. That's how we used to handle it, but legally that in nearly impossible today in any reasonable manner. The deinstitutionalization movement left little in the way of a good route forward for dealing with a patient that decides they don't want to take the meds that keep them and those around them safe. The first two bullets are really dependent on the person crossing a line and attacking someone or harming themselves or their threat to do so being "credible" and you can almost never get more than a temp hold until the meds kick in from that which may delay the inevitable but does nothing to prevent it. The 4th bullet is disqualified for not being "imminent" or "substantial" for just going off your meds The 3rd bullet is never viewed as things as simple as going off your meds Grave and imminent risk to substantial rights of others or the person. In need of such treatment as manifested by evidence of behavior that creates a would benefit from treatment in a hospital for the person’s mental illness and is.Made immediately available in the community or Person’s mental illness and that appropriate provision for those needs cannot be Injury to self as manifested by evidence that the person is unable to provideįor and is not providing for the person’s basic physical needs because of the represents a substantial and immediate risk of serious physical impairment or.Physical harm, or other evidence of present dangerousness Threats that place another in reasonable fear of violent behavior and serious represents a substantial risk of physical harm to others as manifested byĮvidence of recent homicidal or other violent behavior, evidence of recent.Of threats of, or attempts at, suicide or serious self-inflicted bodily harm represents a substantial risk of physical harm to self as manifested by evidence. Hospitalization by court order” means a person who because of their mental illness: There really isn't anything you can do that won't lead to trouble in some of these. Unless you can find a family member to intervene and a sympathetic judge there is little anyone can do to force someone back onto their medication and it often takes far longer than the episode lasts to remove them from the workplace without triggering a lawsuit or a union grievance. I have been both the employer and the coworker on these kind of situations in the past.
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