Age Limitations???

dhnyct

We have a company van to provide necessary patient transportation and for business errands, etc. Currently there are two employees sharing the position of driver/handyman. One long-term employee is now in his seventies, albeit a "young" senior.

Is there a point at which we should be concerned about his continuing to drive the van? Our insurance company is aware of the age of each driver and has expressed some concern. Should we at least require an annual doctor's certification for fitness...maybe for both drivers to preclude any suggestion of age bias?

I'd rather be proactive now than reactive should there be an incident. Are there any Federal or State (GA) guidelines?

Gar

I don't know about Georgia's laws, but on the federal level, you want to take care so as not to run afoul of the Age Discrimination in Employment Act. Annual medical certification seems appropriate, on its face, but there should be a business reason for it. Given the type of work they do (driving a van), it seems to me that you can use medical fitness as a Bona Fide Occupational Qualification (BFOQ). I can understand your insurance company's concerns, but if you're hit with an age discrimination charge and the charging party is able to perform the job, don't look for the insurance company to come to your assistance. Most importantly, check your state's laws because some states and/or municipalities have laws or administrative regulations which limit employment opportunities based on age.

Margaret Morford

Also check and see if the job really requires a Commercial Drivers License and/or falls under the DOT regulations for your state. If you fall under DOT, there is usually an annual physical and drug screen required. Definitely test both drivers and not just the older one.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
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