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Many organizations use occupational health screenings to determine a potential or current employee’s physical capability to safely complete job-related tasks. Comprehensive occupational health screening can prevent workplace injuries, and disease, and also improve employee satisfaction, employee retention, and complement a broader employee wellness program.
Employee health assessments are legally required in certain industries or under certain working conditions. In this article, we’ll discuss when health assessments are required, as well as the legal guidelines that employers should consider before offering or mandating health screenings at the pre-hire or new-hire stages.
When Is an Occupational Health Screening Required?
As part of job screening requirements mandated by the US Department of Transportation (DOT), commercial motor vehicle drivers (CMV drivers) must be given a physical examination that is conducted by a licensed “medical examiner” – an MD, PA, doctor of osteopathy, chiropractic doctor, or advanced nurse practitioner – registered on the Federal Motor Carrier Safety Administration’s National Registry. These screenings evaluate general physical health, motor skills, as well as vision-related aptitude.
Through partnership with a range of nationwide clinics, The Orsus Group provides timely pre-employment DOT physical exams, as well as non-DOT physical exams. Employers and CMV drivers should be aware that each DOT physical exam is valid for up to 24 months, after which a new exam is required. There are also qualifying circumstances when a medical examiner may require monitoring of an employee’s health condition, including high blood pressure.
Similarly, the Occupational Health and Safety Act mandates employee medical surveillance and biological monitoring if an employee is exposed to lead above the action level of 30ug/m(3) TWA for more than 30 days each year. Broadly speaking, OSHA does not require an employer to mandate employees to take medical examinations, but employers are entitled to adopt comprehensive requirements if the health screenings are reasonable within the context of labor/management relations.
Of course, occupational health screenings are an advisable practice for organizations seeking to mitigate the risk of legal, financial, and reputational damage; limit workers compensation and disability claims; and improve employee retention, productivity, satisfaction, and wellness. In the next section, we’ll explore the legal guidelines for organizations implementing occupational health and wellness programs.
To learn more about the relationship between Occupational Health and Occupational Wellness, read our related article.
Legal Guidelines for Occupational Health Screenings
Pre-Employment Occupational Health Screenings
At the pre-employment stage, employers are permitted to ask applicants to complete pre-employment health screenings that relate specifically to job responsibilities. This could include a physical fitness test that evaluates an applicant’s ability to complete tasks clearly related to job duties. Bear in mind that employers are forbidden from requiring or compelling prospective employees to discuss (or take a health screening) designed to detect physical ailments, mental health issues, chronic illness, or disabilities. This is deemed discriminatory under the Americans with Disabilities Act (ADA).
New Hire Occupational Health Screenings
At the new hire stage (once a conditional job offer has been made by the employer), employers are entitled under federal law to mandate a physical examination, heart health test, or other types of screening, including drug testing.
The Americans with Disabilities Act permits these and other health screenings under the following conditions:
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All new hires for the particular job must complete the same series of health assessments
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Health screening results must never be used in a discriminatory fashion
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A new hire’s medical records must be kept confidential and separate from other personal and employment-related records
Providing Reasonable Accommodations + Conditions for Withdrawing Offers
Based on ADA guidelines regarding discrimination, employers are rarely entitled to withdraw a job offer due to a disability or chronic illness. However, employers can withdraw a conditional job offer if an occupational health screening reveals that the applicant could not perform job responsibilities even with reasonable accommodations in place.
Employers should remain well-versed in the terms and parameters of reasonable accommodation as defined by the U.S. Department of Labor’s Office of Disability Employment Policy.
Comprehensive Occupational Health Screening with The Orsus Group
The Orsus Group can help your organization meet all health and safety requirements while improving hiring, employee retention, employee satisfaction, and the overall productivity of your workforce. Regardless of which requirements apply to your industry, it’s important to understand the risk involved in selecting or not selecting a screening, which is why we work closely with you to determine your needs and develop an ideal strategy for your organization.
From health screenings to drug screenings, verification services, international services, and comprehensive background checks, we help you locate high-performing candidates to strengthen your organization and mitigate legal, financial, and reputational risks.
Ready to measurably improve your organization’s occupational health and wellness practices? Contact us today to start our collaboration.