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 CONFIDENTIAL Notice to Employer Should a Candidate Be Injured During Testing The ADA allows an employer to ask a post offer candidate to demonstrate their ability to perform the functions of their job with or without an accommodation. Just as there is some risk of injury performing a job, the worker may face some risk of injury, albeit minimal, during the employment test. WorkSTEPS® and its certified medical providers utilize recognized medical standards and established job simulation parameters to provide a controlled safe environment under direct supervision that BEST qualifies the individual to safely perform their job functions. It is ultimately the responsibility of the local, licensed medical practitioner to ensure their personnel understand and follow the WorkSTEPS® protocols, be aware of any particular precautions, and make every effort to insure maximum safety during testing on an individual basis. Over 1,000,000 tests have been performed since 1986 with very few soft tissue injury claims, and most of them were able to return and complete testing within a couple of days. WorkSTEPS° believes that anyone who could possibly suffer an injury during testing in a controlled medical environment would likely have been injured soon after starting work. To the contrary, historical data confirms that by implementing WorkSTEPS® post offer employment tests, literally thousands of injuries have been prevented by matching employees' capabilities specifically to the physical demands of their job. Neither WorkSTEPS®, nor the independent medical provider network that administers the test, would ever want anyone to be hurt. WorkSTEPS° specifically instructs the providers as well as the candidates on precautions to avoid injury, and helps candidates understand how to work within their own safe limitations. In the state of Texas, an employee is hired at the post-offer stage contingent upon passing the employment test and / or a drug test. Thus, if injured during an employment test, the injury f would likely not be compensable under the Texas Workers' Compensation System. In other states, the employee is considered employed at the post offer stage and the injury may be compensable. You need to be aware of your Sate law and its relevance to this issue. Should an injury claim be made, the employer should contact the local medical provider who performed the WorkSTEPS°test. That provider should then notify WorkSTEPS°corporate office. I