Most Injuries Begin at
Date of Hire
Many employers are confused about what they can and cannot do during the
hiring process to prevent problem claims from occurring. The Americans with
Disabilities Act does not allow you to ask questions about disability or
use medical examinations until after you make someone a conditional job
offer. However, after making a job offer, you may ask any disability-related
questions and conduct medical examinations as long as you do this for everybody
in the same job category.
It is critical for employers to integrate into their hiring process two
powerful hiring forms: the Conditional Offer of Employment and the Post-Offer,
Pre-Placement Medical History Questionnaire.
Just as the name indicates, the Conditional Offer of Employment makes the
job offer conditional upon the employee being able to perform the essential
functions of the job and would not pose a direct threat (i.e., a significant
risk of substantial harm) to the health or safety of themselves or others.
The offer may be withdrawn, if in a medical opinion, the employee poses
such a threat with reasonable accommodation.
Once the Conditional Offer is in place and before work begins, the employee
should complete the Medical History Questionnaire. Some employers direct
the employee to their local medical clinic to have the form completed with
the assistance of a doctor, nurse or physician's assistant. Assuming the
employee is truthful, the medical history information will go a long way
to determine if the employee is fit for the job. Sometimes, an additional
examination may be needed.
This process is in the best interest of all concerned. The employer, employee
and the employee's family all lose if an employee is placed in a job for
which they are not fit. Injury or re-injury of a pre-existing condition
is likely to happen if the employee is not suited for the job.
To request a sample of these forms, contact us.
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