Do you know the rules about pre-employment testing?

Do you know the rules about pre-employment testing?

If you are a kinesiologist, physical therapist, occupational therapist, or clinic owner considering adding functional testing to your service offerings, understanding the legal landscape is just as important as your clinical skills.

Pre-employment functional testing—often referred to as Post-Offer Employment Testing (POET)—is highly valuable for employers, but it is strictly regulated by human rights and occupational health and safety laws.
Before you design or implement a testing program, here are three essential rules you need to know:

Timing is everything: Functional testing should generally only occur after a conditional offer of employment has been made to a candidate. This ensures individuals are evaluated on their skills and merits first before any physical factors are considered.

The tests must be directly job-related: You cannot use "special tests" to evaluate a candidate just to see if they have a general capacity. Any functional test you design must be a Bona Fide Occupational Requirement (BFOR). For example, testing someone's ability to safely climb a ladder is a valid BFOR for a roofer, but requiring a standard office worker to lift 50 lbs might not be.

You must protect medical privacy: When you conduct a fit-to-work assessment, it is not appropriate to share specific medical findings or diagnoses with the employer. As the assessing medical professional, you will typically only report one of three outcomes back to the company: fit, unfit, or fit subject to work modifications.

To ensure your pre-employment testing is legally defensible and objective, it should be anchored by a Physical Demands Analysis (PDA) to accurately measure the physical tasks of the role.

Are you looking to expand your skillset and confidently offer functional testing services to employers in your community?

Learn the clinical and practical skills you need to successfully add this to your practice. Check out our upcoming training event here:

https://lnkd.in/eM5YG4bB

Disclaimer:
This content is intended for informational and educational purposes only and is specific to the regulatory context in Alberta, Canada. It does not constitute legal advice. Laws and their application may vary based on individual circumstances. You should consult a qualified legal professional or appropriate regulatory authority before implementing any pre-employment or functional testing program.