[IPAC-List] question for participants about PATs

Gene Carmean GCarmean at med-tox.com
Thu Mar 20 15:43:22 EDT 2014

Hello All:

Within the last month I have reviewed two Requests for Proposals from
public agencies. In both cases they were from state Departments of
Transportation (Oregon and Colorado). These RFPs seem very strange
to me and I am wondering if this is an emerging trend. I have one of
the RFPs and will email it to anyone who wants it.

Both the RFPs ask for physical ability test(s) but no specific jobs
are mentioned. It appears they wish to devise a test(s) for the
entire agency.

The RFPs mention the ADA but ignore the Civil Rights Act of 1964. I
have not seen a federal ADA case about physical ability
testing. Perhaps one or more exists. Most of the cases I have seen
are about gender discrimination. I know of one case in California
under state law where the employee was disabled but that one was
settled before trial. I wonder why there is such emphasis on the
ADA but the Civil Rights Act is ignored? The Uniform Guidelines are
never mentioned.

The qualifications to perform these services are usually limited to a
nurse or a physical therapist. While I have not looked at the
curriculum of nursing students, I have checked ten graduate and
undergraduate schools of physical therapy. In that search I found
not a single course on employment law, statistics, industrial
psychology, educational psychology, exercise science, or any other
relevant field. I wonder why therapists and nurses are included but
those in the relevant fields are excluded?

Most troubling of all is that the Colorado RFP specifies that the old
DOT job analysis method from the 1930s be utilized, even though the
National Academy of Sciences rejected this as a viable job analysis
methodology more than 34 years ago. Maybe I am missing something,
but this seems odd to me.

I was looking for the group for some comments on this. I had never
seen RFPs as strange as these, but to see two within a month is a
little unnerving.

Gene Carmean
MED-TOX Health Services
3350 Shelby Street, Ste. 200
Ontario, California 91764

909 944 3181 Tel


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