2015-583-E HR - Job Ready Services workplace fitness for duty and functional capacity testing

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DocuSign Envelope ID:6E9B5308-6677-4F2E-9268-29D6E1A4FD76 E CONFIOENTIAL Communicating the Test Results to the Employer Upon completion of the WorkSTEPS°Employment Testing process,the test administrator("Provider') should contact the authorized"Company"representative and convey the results of the test in the agreed upon mariner.WorkSTEPS recommends that results be conveyed via the "WorkSTEPS®Evaluation Summary: Qualification Report". Test results are NOT typically given directly to the test candidate by the Provider. Since the"Company"is the entity that extended the offer of employment (or is the employer,in post-employment testing scenarios), it is ultimately the responsibility of the "Company"to review the results, make the final placement or return to work decision, and notify the candidate (or I employee) of that decision. The EEOC's Technical Assistance Manual for the ADA Section 6.4,P. VI-9, addresses the role of the physician(or any health care providers administering medical tests for an employer),in the employment process as follows: "A doctor who conducts medical examinations for an employer should not be responsible for rriakina employment decisions or deciding whether or not it is possible to make a reasonable accommodation for a person with a disability. That responsibility lies with the employer." Following are the various results generated by the.WorkSTEPS°Employment Testing software and based upon information about the essential functions obtained through objective job analysis and input from the employer, and a brief explanation of each: L "Capable.": Candidate (or employee) is capable of performing essential functions of the job without safety concerns In this situation,the individual performed all the job-related functions and no medical or physical safety- related concerns were raised during the test. The "Provider" should advise the Company of the results. In all likelihood, the employer will place the,candidate in this situation. XL "Not Capable of Perforinink the essential fu �ictions of the position sought but does not have arty present or past medical condition/impatrment that we believe would pose a significant risk to himMerself or others should he/she be placed in the position sought" In this situation, the individual was not able to perform all essential job functions or meet the dynamic lifting qualifying criteria; but the test did not identify any significant medical risk issues or a contributing medical condition/impairment. The reason for the. candidate's inability to meet the criteria is likely a strength issue, whereby they lack the essential strength to safely perform the physical demands of the job. The specific criteria that was not met should .be listed on the WorkSTEPS" Evaluation Summary under the heading "Not Capable for the following reasons:" Here, Work-STEPS° recommends that the provider advise the employer to consider holding the decision in abeyance for a time period they feel would be reasonable. During this period,the.employer should give the individual an opportunity to submit evidence to dispute the test findings and/or to request any reasonable accommodations that might enable him/her to safely 'and successfully perform the position sought. The provider should offer to remain available to assist the employer if further testing or evaluation is needed. If the individual provides information during the stated period, the employer should consider the information in its overall.assessment as to whether the candidate is qualified for the position sought. If the individual does not provide any additional information during the allotted time period, presumably the employer would confirm that the offer has been rescinded based oil the information obtained through the WorkSTEPS°test.