Employment Physicals -what can you do with them?

New Orleans Lady

Does an employment physical have to be job related, or can you give them across the board to all employees? My boss wants me to do this. Is there any action an employer can take if they spend a lot of money on recruiting fees and relocation, if a physical comes back bad? Or is there NOTHING you can do, as long as the employee is able to do the job right then? What if the illness will prevent them from doing the job a year from now?

I need some documentation to show upper management, to convince them we can't do much in this area.

Thanks for any help!

Down_the_Middle

A non job related pre-employment physical sounds like an oxymoron to me. For all kinds of reasons, the physical s/b job related!!! This doesn't prevent everyone from receiving a gen'l physical exam, but the person's job should certainly be considered so the MD can attest to the physical requirements, etc...

Remember, under ADA (if this applies to you) pre-employment physical exams may not be given to candidates until a job offer has been made. If you find the exam disqualifies someone (for job related reasons), then the offer can be rescinded and you move on to other candidates. In Louisiana, employers may not charge employees for the cost of this physical exam, nor may employers require applicants to provide copies of the applicants medical records as a condition of employment.

Refusing to hire an applicant due to physical limitations that MIGHT be a problem in the future is too risky for me to even comment on. This is simply not a good idea and carries huge risks for discrimination.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 11-02-01 AT 04:47PM (CST)[/font][p]I assume your company falls under ADA.

A post-offer medical examination doesn't have to be job related. The examination can be general in nature. But if the examination is used to eliminate an otherwise qualified candidate with a disability, then the rejection on that basis has to be shown to be job related and consistent with business necessity, and that the disability could not be reasonably accommodated to allow the individual to perform the essential duties of the job. Take a look at 29CFR1630.14b3.

Determination of hazard has to be based upon a DIRECT or imminent risk. Something that is potential or some time in the future doesn't go with ADA purposes. It must be based upon the individual's PRESENT ability to safely perform the essential duties of the job. In this regard, take a look at 29CFR1630.2r

Pat Dalton

The Pre-Employment Physical can only be done after the offer of employment and before the person starts work. The first step to take (before the offer of employment) is to have the interviewer show the candidate a job description and more importantly, a copy of the physical demands for the job (be sure to have noted "essential" and "non-essential" functions). The interviewer can ask the candidate if there are any of the job functions he/she feels they are unable to do. If they identify one or more of them, then ask if there is anything that might help them be able to do that task. If no problems are identified or if they say there is nothing that would help them do the job, it should be documented. Then you make a choice about hiring. This is already in place at the time of the pre-employment physical. NOW, the purpose of the pre-employment is to assure that the person is able to perform the job for which they are hired. History questions should be limited to "employee only" and not family members. Most medical information is fair game at this stage but it's generally better to ask questions and perform exams limited to the person's ability to do the work. The ADA says you MAY NOT project that the person may have problems later on; for example, he has had a couple of back strains but is now functionally fine and has no work restrictions (He/she should be asked to provide documentation related to this type of history particularly if work related resulting in a disability rating). If there are other medical problems they can be asked to provide a letter from their treating physician regarding any restrictions that may be needed. He/she may also be required to have testing the physician feels is indicated (for example a Functional Capacity Exam)to objectively document the physical capabilities of the person. If they are unable to perform the essential functions of the job for which they are hired, you should determine whether they had knowledge of this and "falsified" their statement during the interview OR if they truly didn't know about the problem. If they did falsify, then you document same and your obligation is over. If they did not, and you have other jobs available which they could do, then you may consider placing them in one of those jobs.

The key to this process is to be sure ALL APPLICANTS WHO RECEIVE AN OFFER OF EMPLOYMENT are "subject to" all steps of the process. Some may not need the testing for example, but all are subject to it at the physician's discretion. This is another sticking point with ADA.

Finally I would suggest that before spending an inordinate amount of time and money on full physicals including lab work, x-rays, etc., that you consider what you will do with the information. Sometimes it is better not to have this type of information than to have it and not be able to do anything with it. What would you do for example from an employment perspective, if the person had a high cholesterol? If they are able to do the job, you can't refuse them employment. You may counsel them to see their doctor, but that's about all you can do. So, in these days of cost containment, consider whether you will legally be able to use the information you obtain.

Margaret Morford

Pat,

You do not have an e-mail address posted in your Employer's Forum profile, so I'm posting this note for you on the actual Forum. Your explaination of the process for physicals under the ADA is one of the best I've ever seen. It's well thought out, very logical and tackles the tough issues in this process. Thanks for taking the time to share with everyone else!

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]