[IPAC-List] Pre-offer vs. Post-offer physical testing

[Shelley Spilberg]

Kevin - 

Although the focus in on law enforcement (peace officers, more specifically), you may find it useful to peruse our POST Medical Screening Manual for California Law Enforcement - http://www.post.ca.gov/medical-screening-manual.aspx.  The first chapter includes a section on the pre-employment screening and the law which you may find useful.

A few years ago I conducted a series of workshops on ADA/FEHA and law enforcement hiring along with the DFEH Chief Counsel and a senior attorney in the ADA Division at the EEOC.  The reference list handout from those sessions is attached.

Shelley



Shelley Weiss Spilberg, Ph.D.
CA. Commission on Peace Officer Stnds. & Trng.
1601 Alhambra Boulevard
Sacramento, CA.  95816-7083
(916) 227-4824




-----Original Message-----
From: Reindl, Kevin [mailto:KReindl at semprautilities.com] 
Sent: Friday, February 11, 2011 9:11 AM
To: IPAC-List at ipacweb.org
Subject: [IPAC-List] Pre-offer vs. Post-offer physical testing


We've recently validated a physical abilities test for a wide variety of physically demanding jobs (basic upper body, abdominal, trunk strength tests). The criterion-validity study was solid and we use this testing as part of the regular pre-offer/pre-employment testing process along with other tests (cognitive/personality) that are all administered by our staffing departments.

We've also recently started a project to implement more extensive post-offer "physical testing" aimed at identifying not only the ability to perform essential functions, but also identifying pre-existing conditions that may lead to injuries/safety incidents on the job. This testing will be administered by an "occupational health" vendor who will also look at medical history/injuries, etc. There seem to be a lot of vendors that claim to be able to identify people who are at risk of developing repetitive motion (e.g., carpal tunnel) and other types of injuries. The idea is to identify these candidates and then rescind the job offer and/or obtain documentation of pre-existing conditions to ward off potential future worker's compensation claims.

While I've done a bit of research/lit review on the subject, I'd be interested to know if anyone out there has any recent experiences they could share or good resources (journal articles/books/white papers) that discuss the differences, approaches, processes, and possibly the legal challenges between physical ability testing at the pre-offer/pre-employment vs. physical/medical exams at the post-offer/pre-employment stage of the hiring process.

Thanks in advance.

Kevin Reindl
Senior Human Resources Research & Analysis Advisor
San Diego Gas & Electric
Human Resources
8306 Century Park Court, CP41A
San Diego, CA 92123-1530
Tel: 858-654-1823
Fax: 858-654-1515
Email: kreindl at semprautilities.com<mailto:kreindl at semprautilities.com>

"This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged and/or confidential. Receipt by an unintended recipient does not constitute a waiver of any applicable privilege. Reading, disclosure, discussion, dissemination, distribution or copying of this information by anyone other than the intended recipient or his or her employees or agents is strictly prohibited. If you have received this communication in error, please immediately notify the sender."



CONFIDENTIALITY NOTICE:  This communication with its contents may contain confidential and/or legally privileged information.  It is solely for the use of the intended recipient(s).  Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act.  If you are not the intended recipient, please contact the sender and destroy all copies of the communication.