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 Sample—Policy Regarding CONFIDENTIA Post Employment Tests L NOTE: Thus policy is a sample policy provided by WorkSTEPS and must be tailored to fit your company's individual situation. It is imperative that leg P al counsel be consulted so your post- employment testing policy can be coordinated and integrated into your existing policies. Post Employment examinations are successful tools utilized to create a more safe and secure working environment-for employees. With the advent of sports technology applied to the industrial worker;Comprehensive stress tests monitor heart and rnusculoskeletal function to detect disease processes, wear and tear syndromes, and many other problems that lead to injuries and disability. Computerized testing and stres's evaluations by licensed professionals in a medical setting typically cost over one thousand dollars,but (Company)is willing to pay for such services to help their employees remain safe in the workplace and to reduce costs associated with injuries. Training provided during the examinations increases body awareness during work activities to prevent cumulative trauma and to successfully reduce injuries. Furthermore,employee turnover and operating expenses are reduced by maintaining properly qualified personnel in each position. Poli;c Post employment tests may be conducted;. 1) as part of employee's participation in a voluntary wellness-program; 2) to determine an employee's fitness for duty;or 3)in response to an employee's request for reasonable accommodation. Voluntary Testing. Effective. (Date),all persons employed by (Company)in the positions listed below will be e)igible to participate in voluntary testing once every Csix%twelv0I months. Employees are not required to participate in such testing and employees who elect not to participate will not be penalized for failing to participate. Fitness:forDuty Testing: Fit for duty testis may also be required on an as needed basis should employee demonstrate difficulty performing any Fi y g Y q essential function of their positions or there is some other reasonable basis for believing that an individual's ability to perform essential job functions is limited or impaired by a medical condition. Fit for duty testing may also be conducted when an employee returns from a medical leave of absence and the company has a reasonable basis to believe that the employee's medical condition will prevent the employee frorn performing essential job functions or will pose a "direct threat to the health and safety of the employee or others. NOTE: Employers"should consult legal counsel before testing employees returning from an FMLA covered medical leave of absence or a leave covered under a state medical leave law to ensure compliance with all applicable federal and state laws. Testing Xn Response to Requests for Reasonable Accommodation: Post employment testing might also be required when an employee requests a reasonable accommodation for a medical condition that is not known'or obvious. The cost of all post employment test procedures are paid by the Company. Medical information collected in connection with such tests will be maintained in confidential files in accordance with requirements of the Americans with Disabilities Act (ADA)and the information collected will not be used for any purpose inconsistent with the ADA. When necessary to enable an otherwise qualified candidate with a "disability" to participate in testing, the Company will provide reasonable accommodations provided such accommodations do not cause an undo hardship. Candidates who believe they need an accommodation to participate in the testing program,must request such accommodations.To minimize or avoid delays in testing, the Company asks candidates to advise the Company of the need for any accommodation as soon as possible.Thank you for you attention to these matters. Management Disclaimer: This is a sample. .State law, or changes in federal law, may cause gray areas that could increase liability. Consulting an employment law attorney is recommended prior to policy implementation,