Workers' Compensation Discussion Forums

I am on the internet today searching for info on medically pre-screening employees. I work in a very physically demanding business...planting tree seedlings by hand. Most of my competition uses illegal aliens who are rarely if ever going to file a comp claim on anything....I have never been able to discover a very good class code for any of the things my business does. Nonetheless it is generally a very safe, low-tech occupation.

Last year I switched to an all-American crew. Yes, you really can find Americans who will do hard phsyical work if you know where to look. One problem I didn't see coming was employees coming in with pre-existing physical medical conditions that just screamed out Workmen's Comp claim in the making. One guy had tennis elbow so bad, he had two elbows, and that wasn't due to working for me for a month. How can you screen employees for physical labor? Are there some forms one could give to a doctor? Are there laws on this?

My agent pointed me towards my carrier's website for info, but that mostly had items on loss prevention amongst people already working. Looking into a potential employee's health wasn't really covered, and I would love to discover some information resources on this.

find a local doc who specializes in occupational medicine. or find an industrial medical clinic.
availablity probably varies by area of the country.
contact the loss control rep for your carrier or the adjuster they will know what facilities in your area specialize in industrial medicine and have advanced pre-employment programs.

occupational medicine ... industrial medical clinic - excellent tips, thanks. I think I might try approaching this by talking with the medical field rather than the insurance field. My agent doesn't seem to have ever had a question like this. Moving up a level to the carrier loss control rep seems like a good idea too.

pre-employment screening can be helpful at making sure those without the physical capacity for your jobs are not put at risk but it is not effective at reducing costs once there has been an on-the-job injury.
for the most part the insurance industry is an "after-the-fact" solution.
In my opinion that approach has contributed to making our health system so dysfunctional but that is another question altogether but may explain why there is less information available from that side of the aisle.

You need to be very careful in this area. Asking potential employees about their medical conditions is a violation of the Americans with Disabilities Act. You cannot ask questions like "Do you have any back trouble"? You can ask questions related to the specific job tasks they will have to perform, such as "This job requires stooping, bending, kneeling and lifting of up to 50 pounds. Can you do that"?

You may even want to go so far as showing them what they have to do, and have them sign off on a form that they have viewed the functions of the job, and can perform them. That will not protect you specifically from an injury claim, but it will give you grounds to remove a liability should someone advise you, after the fact, that they have a bad back or elbow, etc.

uhmm..no it is not. The medical Dr.may look into anything at all. How that info is used is the real issue and may or may not be revealed.

ACE:
you may want to update yourself on current topics, directions, and legalities in industrial and occupational medicine.
The American College of Occupational and Environmental Medicine is good source of professional and legal information on programs such as pre-employment medical review.
http://www.acoem.org/guidelines.aspx
"Pre-assignment/pre-placement: Health status, both physical and emotional, should be assessed before making recommendations regarding the assignment of an applicant or current worker to a job to assure that the individual can perform the essential job functions safely and without endangering the safety of others. This recommendation shall be based on any or all of the following:
complete medical history; occupational history (complete work history), including past job exposures; assessment of the organs or systems likely to be affected by the assignment; evaluation of the description and demands of the job to which assignment is being considered; compliance with federal, state, and local laws and regulations."

you should also sample reputable human resource management degree programs. The most advanced of which also advocate and prescribe active employer involvement in health analysis and job placement.

I also believe OSHA also has a section on advising employers to conduct pre-employment health evaluations for most occupations.
In many public safety officer programs as well as critical transportation roles such actions are mandatory.

Cycler, I was not talking about a doctor. I was speaking of the employer engaged in a new hire process.

1171, with all due respect, your first example addressed the placement of a current worker. I was not addressing that issue. And I will grant you, that in certain situations the ADA allows the need for health screening and analysis where the public may be otherwise endangered (public transportation, etc.). Also, under the ADA, pre-employment physical examinations may not be conducted of an applicant until after a conditional offer of employment has been extended to the applicant. Consequently, only applicants who are otherwise qualified for employment may be subject to a pre-employment physical examination.

But trust me, the average employer cannot as part of their new hire package include extensive health queries, and make hiring decisions based on those results. That could be a direct violation of the Americans with Disabilities Act.

The employer cannot directly ask about general medical questions but may inquire as to any conditions that may require accommodation. A better way to ask is along the lines of : "Do you have any need for accommodation in order to meet the job demands but we all know that's not going to happen outside of a major employer.

Cycler, I am sorry but you are badly misinformed on this subject. The employer generally MAY NOT inquire about possible needed accommodations. In those rare situations where they may do so, they must be extraordinarily careful. The EEOC says, specifically on the question you give in your example:

* May an employer ask applicants whether they will need reasonable
accommodation to perform the functions of the job?


In general, an employer may not ask questions on an application or
in an interview about whether an applicant will need reasonable
accommodation for a job. This is because these questions are
likely to elicit whether the applicant has a disability
(generally, only people who have disabilities will need reasonable
accommodations).

Example: An employment application may not ask, "Do you need
reasonable accommodation to perform this job?"

Example: An employment application may not ask, "Can you do these
functions with ___ without ___ reasonable accommodation? (Check
One)"

Example: An applicant with no known disability is being
interviewed for a job. He has not asked for any reasonable
accommodation, either for the application process or for the job.
The employer may not ask him, "Will you need reasonable
accommodation to perform this job?"

However, when an employer could reasonably believe that an
applicant will need reasonable accommodation to perform the
functions of the job, the employer may ask that applicant certain
limited questions. Specifically, the employer may ask whether
s/he needs reasonable accommodation and what type of reasonable
accommodation would be needed to perform the functions of the
job.12 The employer could ask these questions if:

* the employer reasonably believes the applicant will need
reasonable accommodation because of an obvious disability;

* the employer reasonably believes the applicant will need
reasonable accommodation because of a hidden disability that the
applicant has voluntarily disclosed to the employer; or

* an applicant has voluntarily disclosed to the employer that s/he
needs reasonable accommodation to perform the job.

Example: An individual with diabetes applying for a receptionist
position voluntarily discloses that she will need periodic breaks
to take medication. The employer may ask the applicant questions
about the reasonable accommodation such as how often she will need
breaks, and how long the breaks must be. Of course, the employer
may not ask any questions about the underlying physical condition.


Example: An applicant with a severe visual impairment applies for
a job involving computer work. The employer may ask whether he
will need reasonable accommodation to perform the functions of the
job. If the applicant answers "no," the employer may not ask
additional questions about reasonable accommodation (although, of
course, the employer could ask the applicant to describe or
demonstrate performance). If the applicant says that he will need
accommodation, the employer may ask questions about the type of
required accommodation such as, "What will you need?" If the
applicant says he needs software that increases the size of text
on the computer screen, the employer may ask questions such as,
"Who makes that software?" "Do you need a particular brand?" or
"Is that software compatible with our computers?" However, the
employer may not ask questions about the applicant's underlying
condition. In addition, the employer may not ask reasonable
accommodation questions that are unrelated to job functions such
as, "Will you need reasonable accommodation to get to the
cafeteria?"

An employer may only ask about reasonable accommodation that is
needed now or in the near future. An applicant is not required to
disclose reasonable accommodations that may be needed in the more
distant future.

You may read the EEOC website yourself at http://www.eeoc.gov/policy/docs/preemp.html.