Another Pre-Employment Physical Question (or two)

nietra

The administrative team has decided to conduct pre-employment physicals from today forward. I know that they need to be conducted post offer but what legal situations may arise from requiring someone to go thru a pre-employment physical? What do you do if your physican has concerns about the employee but won't say they can't do the essential functions of the job?

Anything ele I should know prior to sending our first person?

Thanks so much!
Nietra

Gillian3

Don't get caught up in semantics. Most HR people, and some HR, still call it pre-employment because those were the words for umpteen years, but we know what it means. Just tell applicants that the offer is contingent upon passing the physical. About all we can do re. the physical is act on the doctors advice and the best advice will come from their having a full knowledge of what the job entails. We shouldn't second guess medical opinions, but if you are not happy with the outcome change clinics.

System

" What do you do if your physican has
>concerns about the employee but won't say they
>can't do the essential functions of the job? "

The offer is conditional based upon completion of a physical [and drug screening, if you do that] where the results are reported that the employee can perform the essential functions of the job, with or without reasonable accommodations. That's the only thing that should matter as a result of the physical. The whole point of having the physical completed by a physician is to remove you from the loop in trying to figure out if the person is physically capable of performing the job.

If the physician has concerns that are not job related, it shouldn't even be discussed or reported.

lhill

We find it helpful to send a job description along to the doctor who is doing the physical. That way, the dr. can decide whether someone can lift and carry a 50 lb. transformer, or sit at a desk and lift a 6 oz. file folder. Some call it pre-employment physical, others call it post-offer physical. The point is, don't send someone for a physical unless you have made them an offer which is contingent upon their passing the physical.

Linda

LarryC

Also be aware of a recent court decision that said that any background checks or other preliminary employment issues have to be completed before the prephysical job offer is considered valid. At issue was an ADA claim.

lhill

I agree, Larry. We do criminal background checks and three-year drivers license check.

Linda

LivindonSouth

[font size="1" color="#FF0000"]LAST EDITED ON 07-09-05 AT 09:30AM (CST)[/font][br][br]There is no magic order in which one should do the physical and the background check. When we make an offer, we almost simultaneously hand the candidate the form to take to the clinic for physical/drug screen AND begin the background check which could take up to 10-12 days with the service we use. I have never heard of such advice as WE MUST do one prior to the other, nor do I believe that a court opinion about that will chart our future direction as a profession. It won't happen.

But, the best way you can ensure a successful relationship with the clinic you use regularly for physicals and drug screens is to (in person) invite/insist that the doctor(s) visit your facility. If they want a steady stream of income from your facility they will comply. Have them come in, tour your facility, provide job descriptions, let them see all of the jobs in motion. Insist that they do the physicals with your specific jobs and requirements in mind. Tell the clinic administrator that if they do not do that, you will move on down the road.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

pork1

There is no better advise written than that printed here! Do this and you can put your concerns to bed, this very moment. Especially, if they do not wish to give you their time to show off your operation and the physical nature of your jobs, then by all means go next door to the General practice physician.

We have that sort of relationship with our retained physician and his office staff;if we need an DOT physical tomorrow, we can usually get one. We never use any other physician for any of our needs and most of the employees also use our retained physician for their personal family needs. We are asteady flow of business for the physician and we pay our bills and assist the physician and our employees, when needed, with the medical carrier in the processing of claims.

PORK

crawfod

Nietra, I assume you will pay for the cost of the physical, as we do. However, we have all our applicants sign a statement that says, "...that any expenses incurred in providing required documentation will be my sole responsibility...". For instance, if your doctor identifies a heart problem that can only be clarified by an expensive test, then the applicant must decide whether to pay for that or no longer pursue the job. We made the decision not to pay for such testing, but you may feel differently. Regardless,I would suggest you make sure your clinic is very clear on what you want the physical to include and what testing you will or won't pay for, and then you let the applicant know up front how it all works.

E Wart

All responses are good advice. We do pre-employment for those in the plant (not office employees) and include lifting for those who lift and audio (for those required by OSHA) due to our noise level. We pay for this post offer physical and we send (or are supposed to send) a job description.
I personally think these are a joke. In over 5 years I have never had anyone turned down. I have had employees referred to their regular doctor due to conditions that were found (high blood pressure, sugar levels etc.) I guess they are worth the cost, but I personally am not sure.
E Wart

LivindonSouth

I've had quite different experience, having had, I would guess, as many as 15 or 20 in the past ten years 'not qualified' by the physician to perform the duties of the job.

I'm sure you (the company) have your reasons for exempting 'office employees' from the physical/drug screen procedure although I can't imagine what it might be. You run quite a risk of someone who might be medically disqualified entering your employ, thus your group insurance plan. I won't try to talk you out of it, other than to say the physical/drug screen should be required of every employee, not just blue collar.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

E Wart

I am sorry. I might not have been clear enough. Our post offer physicals and our drug screens are two different policies and activities. All employees do drug screens. Our post offer physicals are for lifting, audio, respiratory, etc (which are directly related to job requirements)Our office employees do not work in this noise level which require this, nor with respirators, nor are they required to lift. Other items that have been found (ie. high blood pressure) were not even turned in on the post offer physical. However, the employee told me they found this.
We can't (and don't) use the physical information for screens to decide if we want someone as a risk under our group insurance. You can REALLY get into trouble for this. Post offer physicals are just if employee is able to do the job requirements of their particular position.
E Wart