Employee Medical Exams

Under what conditions can an employer force employees to submit to a post-offer medical exam? Our company has individuals employed as drivers and we want to force post-offer med exams. It seems we've had a run of bad luck with hiring people to drive our trucks who aren't "fit" to drive 8 hours per day (by the way, we are not a trucking company. We are a construction compnay and a small percent of our workforce drive.).

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  • I don't know about your state laws, but, typically, a pre-employment physical and drug screen are allowed. The clinic that does all of our pre-employment drug screens and physicals has been provided with current job descriptions which includes the physical demands of each of our jobs. We have also toured their medical staff through our plant. Doctors love to do that, just to get and keep your business. No matter how small your company is, you can draw up complete and defensible job descriptions with job essentials for uses like this. If your drivers are required to have class A commercial driver licenses, this is already required. Chances are they don't drive tractor trailers, though, if they are hauling lumber and cinder blocks.
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