By Chase Feeler, PT, DPT, Director of Functional Testing, WorkSTEPS
The essential functions test (EFT) is a crucial tool for organizations desiring to ensure that candidates and employees can safely perform their jobs. What are the critical employee rights to consider? How can you ensure your testing is EEOC- and ADA-compliant?
In our first post, we reviewed the EEOC v. HHS ruling and then explored key takeaways for employers in our second post. In this third and final post, we will consider lessons learned from the employee perspective. In our experience, these three aspects are essential in communicating with employees about functional testing:
1. Pre-employment Testing:
Comprehensive pre-employment, post-offer assessments are proven to improve workplace safety, reduce workplace injuries, and effectively match prospective employees with the right jobs. As a core philosophy, forward-thinking organizations value their workforce, so a testing program should not be punitive but rather positive by design. The message to employees should be, “We appreciate each employee’s contribution to the organization and are committed to ensuring your safety and the safety of your co-workers. Let’s ensure we do not place you in a job that could result in a short-term or lifelong injury. Working together, we want to position you for success in your career with the organization.”
We recommend giving candidates a testing overview/document that outlines the objective of pre-employment testing and describes the basic process. The candidate should understand:
- How pre-employment post-offer assessments will help match their capabilities with the essential functions of the job, and whether a medical physical is required
- How to schedule this testing, who will conduct the testing, and where it will be conducted
- How to prepare for the assessment, including protocols for what to wear, avoiding smoking/caffeine/alcohol, identifying any accommodations, and bringing a photo ID
- Contact information for any questions regarding the testing
Effective testing should help the candidate understand what is involved in the job. Remember that they may pass a test but realize that the job may be more physically demanding than anticipated. It’s good for employers and employees to know this upfront so there are no surprises post-hire.
Today’s trends include offering a portal to schedule tests efficiently. The portal can include a copy of the test so candidates know what they will do during the assessment (e.g., medical history, musculoskeletal assessment, cardiovascular step test, grip, strength lifting). Candidates can then sign a consent form online as part of a streamlined, professional, documented process.
2. Return-to-Work Scenarios:
Employers should give employees opportunities to work through a return-to-work scenario after being off the job due to injury or illness. Re-testing may be valid if a performance issue is noted and documented, and the organization has concerns about the employee’s ability to perform their duties safely. The message to the returning employee should be, “We don’t want to lose you; we value your contribution to the organization, and we’ll do everything possible to retain you and help you succeed.” Having an open dialogue between employees and employers is vital. You want to avoid having a worker hide a safety or performance issue and risk re-injury.
Remember, early intervention is an impactful tool for reducing risk and minimizing injuries that occur when symptoms appear to avoid recordable injuries, missed workdays, workers’ compensation, and higher insurance costs. Physical therapy, work hardening, and other programs can help return employees to expected productivity. Forward-thinking organizations have all these tools in their kit, as they want to retain skilled employees and not waste time and money replacing them while risking exposure to lawsuits or a negative reputation in the community.
3. ADA Compliance:
Workers have the right to discuss rehabilitation with their employers and demonstrate that they can perform their jobs. If there is a specific job test, they cannot perform given a certain amount of time to rehabilitate, consider reasonable accommodation for the impairment. Be aware that employee rights under the ADA apply to medical conditions as well as disabilities.
Successful employers demonstrate an ability to foster open communication and cultivate positive relationships with good employees. Get ahead of minor issues before they become significant issues, practicing early intervention to reduce risk and minimize injuries while maintaining the employee’s work status. You can likely improve the situation to avoid recordable injuries and days off work while retaining good employees, remaining ADA-compliant, and avoiding workers’ compensation or legal risks. When you need support, a progressive functional testing provider should be aware of these implications and help you properly manage your EFT program.
How WorkSTEPS Can Help
For nearly 40 years, WorkSTEPS has been a leading national provider of employee testing and occupational health and safety solutions. In fact, we offer the only formal validation-to-test criteria on the market, along with EEOC- and ADA-aware legal review of testing protocols. Our proprietary software solution includes a convenient portal to streamline, manage, and document the testing process to help you keep employees safe on the job.
What are your challenges? Are you concerned that your EFT program puts you at legal risk? Do you want to “do testing right” as you expand your program? Partnering with Fit For Work and our combined network of safety and testing experts, we are on a mission to provide a single-source managed solution that addresses both employers’ and employees’ needs. With a growing network of more than 1000 providers nationwide, we can customize scalable solutions for your single biggest challenge or your entire holistic testing program. Together, we can ensure you’ll be confident and compliant in managing your testing program – helping you keep workers safe and helping you stay out of court.
Chase Feeler graduated with a Bachelor of Science degree in exercise and sports sciences from Texas State University in 2007. He performed graduate work at University of Texas Medical Branch and received his Master of Physical Therapy in 2009 and his Doctor of Physical Therapy in 2010. Chase worked at a Level 1 trauma hospital for five years post- graduation before joining the WorkSTEPS team in 2015. Chase consults regularly with clinicians across the United States regarding job analysis and employment testing. Chase enjoys music, sports, entertainment, and spending time with his wife and three children.
