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

Browse Search

DocuSign Envelope ID:6E9B5308-6677-4F2E-9268-29D6E1A4FD76 CONFUNT, 1. III"Not Capable — Impairment to Essential Function(s): Not Capable of performing the s essential functions of the positions sought, but the candidate does have a present or past medical condition or impairment that we believe is contributing to their functional deficit. Such a result may trigger- a reasonable accommodation consideration/obligation by the employer under the ADAAA or similar federal, state or local laws. When the individual has a known medical condition/impairment that is contributing to their loss of function, resulting in an inability to perform the physical demands of the job, the employer may be obligated (under ADA Amendment Act) to engage in an interactive process to determine if the candidate's condition is raised to a level of disability, and if so, explore reasonable accommodations. WorkSTEPS®recommends that the provider advise the employer to hold their placement 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 F sought (essentially,this is now handled in the same manner as the medical risk protocol). However, the employer may not be able to retain the position due to work demands. The provider should offer to remain available to assist the employer if further testing or evaluation is F needed. If the candidate provides information during the abeyance period and the position or a similar position becomes available, the employer should consider the information in its overall assessment as to whether the candidate is qualified for the position sought. If the candidate does not provide any additional information during the abeyance period,presumably the employer would confirm that the offer has been rescinded based on the information obtained through the WorkSTEPS" test. IV. Not Capable—Medical Risk.Not Capable of performing the essential functions of the job because candidate does have a present or past medical condition/impairment that we believe f should pose a significant risk to him/lierself or others should he/she be placed in the position sought."- Here, the test indicates that the individual has the present ability to perform the position sought but cannot do so safely. There is a specific reporting protocol that the WorkSTEPS°Provider must follow. The Provider should document the clinical findings AND the job demands that place the candidate at risk in the"Basis for Conclusion",and should also provide the employer with the "Physician Consent to Work with a Medical Condition". The question the employer must consider is whether the safety concern rises to a"direct threat". Currently, the U.S. Equal Employment Opportunity Commission defines "direct threat" as a significant risk of substantial harm that cannot be eliminated or reduced through reasonable accommodation. The determination of whether a direct threat exists should be based on objective medical evidence and/or the most current medical knowledge and should consider a number of factors, including: • duration of risk • nature/severity of potential harm • likelihood potential harm will occur • inuninence of potential harm r The WorkSTEPS°test is designed to assist employers in making an individualized assessment consistent with these principles.