Medical information during pre-screening

hrgirlingeorgia · January 2007

During a routine phone call to a previous employer of someone who is applying for a truck driving job, the HR Director told me that this applicant had a heart attack about 8 months ago while they were still working for this employer. Since then, this individual has had the DOT physical and received their DOT physical card, therefore, he passed the medically necessary part of driving requirements for our state. My question is this: Would my company or I be liable for an accident if he were to have another heart attack and caused an accident, seeing he had a previous heart condition--or would that fall under the "should have known" category of liability, or would we be covered because of the confidentiality factor? Then again, I can't be sure that this lady knew all the facts--she could just be repeating hearsay. Or, should I hire this guy and turn a blind eye to the information that I received. If I didn't know about his previous heart attack, I wouldn't even be questioning whether or not to hire him. Maybe because he's been cleared to drive post-heart attack, I don't have anything to worry about.

Any suggestions from anyone about to hire or not to hire....???

Thanks,
Too Much Information In Georgia

NaeNae55 · January 2007

You can't not hire someon, nor can you fire someone, based on hearsay. Do you normally require a physical? If not, maybe it is time to implement it in your policy. If the doctor gives an all clear, you should be ok.

After all, you are not a medical professional. It is up to them to decide if someone is physically fit to drive.

Good luck!

Nae

SMace · January 2007

He passed the DOT physical. I would think the responsibility is on the doc that did it.

hrgirlingeorgia · January 2007

Thanks for the input! th-up

System · January 2007

don't you ask that information once a conditional offer of employment is made, such as asking them to complete a medical questionnaire which addresses previous medical conditions? And excuse my ignorance on this, but doesn't the DOT physicial require the doctor to obtain data on the individuals previous medical history?

gingerflwrs · January 2007

In having dealt with a very similar issue, physicals for transportation employees are very thorough. If certain medical conditions arise, there is usually a much tougher screening process. In some cases the employee is put on leave until a series of doctors have signed off on the license. This employee has passed the required physical and should be allowed to work. I mamy be mistaken but I would think the previous HR person should be held liable for passing on confidential medical information without a release from the employee.

hrgirlingeorgia · January 2007

That was my thought pattern as well.
Thanks for the input!

SMace · January 2007

Liable under what?

Medical information during pre-screening

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