Question: We’re considering a preemployment physical process. What do we need to know to make sure we do things right?
Answer: Glad you asked! Preemployment (post-offer) physicals are typically considered by employers who want to ensure candidates can perform the physical requirements of their job safely. In practice, we often see processes that begin with the best intentions, but either aren’t effectively screening individuals out or are running afoul of the Americans with Disabilities Act (ADA). Here are the best practices every company should consider:
Decide what your goals are. Most companies want to screen out individuals who are physically unable to do the work, in order to avoid unnecessary injuries and workers’ compensation claims. While those are worthy goals, the law sets up boundaries that can make execution difficult. The processes that come closest to satisfying those goals take time and resources to set up correctly and administer. As you read on, be sure you’ve counted those costs before you jump in.
Think about which positions really need preemployment physicals. Many employers end up having these for more positions than is necessary based on their goals. Limiting which positions will require physicals will save you money and help limit scope-creep in your administration of the process.
Shop for a vendor who will partner with you and tailor the physical to specific job requirements. The best occupational medicine (Occ Med) vendors will work with you every step of the way to ensure things are done well. This includes directly connecting every element of a preemployment physical back to the actual job duties, obtaining proper consent from candidates, and limiting the sharing of medical information to only what is necessary to make employment decisions.
Set up a process that helps to meet your goals, while complying with the law. Generally, the process should include the following steps:
- Ensure the preemployment physical only happens after a formal offer of employment is made, in which the job offer is contingent on passing the physical exam. Consider customizing our Model Form, Job Offer Letter, to document this.
- Confirm that the Occ Med provider is obtaining the proper consents to administer the physical exam and release appropriate information to you. See our Model Form, Consent to Post-Offer Medical Exam, for an example of what this can look like.
- Limit the information the Occ Med provider gives you. Generally, you just need to know if they’ve passed the physical, and if not, whether it’s due to a disability.
- If the candidate is preliminarily screened out due to a disability, engage in the ADA interactive process to evaluate reasonable accommodations that would allow them to perform the essential functions of the job. See our Legal Guide, ADA: Medical Inquiries and Exams of Applicants and Employees. Ideas for accommodations should come from the worker, their health care provider, and your own internal subject matter experts on the job duties, as well as other resources, such as AskJan.org. (JAN stands for “Job Accommodation Network,” a government-funded website with ideas for disability accommodations in the workplace. For example, their A to Z List of Accommodations includes a section on back impairments.)
- Store any information about the individual’s medical condition in a confidential file that is separate from other application records or personnel records
. - On an ongoing basis (e.g., once every year or so) be sure the physical evaluation tests you’re doing are still consistent with the actual requirements of the job. Work with the Occ Med provider on any changes that need to be made.
As you move forward, don’t forget your Vigilant Law Group employment attorney is here to help!
