Asking an Employee To Undergo a Medical Examinati

Asking an Employee To Undergo a Medical Examination Everything you need to know

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Introduction

It is common for employers throughout Australia to want to ensure that potential hires or current employees returning after an injury are mentally and physically fit and are capable of doing the tasks that make up their job duties.

While there are legitimate bona fide reasons why an employer would need to ask a worker to undergo a medical exam, there are also some legal risks associated with inquiring about an employee’s health status. An employee is not going to be required to comply with your request to undergo a medical exam in all circumstances and may even have a claim against you if you make an inappropriate demand to undergo an exam.

Whether requiring a medical exam is appropriate or not is going to depend upon the specific circumstances of the job you are offering and the employee’s current situation.

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1 Can You Ask an Employee to Undergo a Medical Examination When

Employees must be careful when requesting a pre-employment screening, or when asking an employee to submit to an exam as a condition of returning to work after leave.

There is the potential for legal liability for requesting or requiring examinations, but employers also need to make sure they do not risk having a worker get hurt because he or she is physically unfit for work tasks. Employers need to carefully balance the possibility of a Fair Work Commission complaint versus the risk of a workplace injury.

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When Can You Ask an Employee to Undergo a Medical Examination There are certain situations in which employers should generally err on the side of asking for an exam. It may be acceptable, and even advisable, for an employer to ask a potential or current worker to undergo an exam:

To determine the employee is able to perform the job duties that are an essential part of the job he is being hired to do.

To understand the nature and extent of a current or potential employee’s disability in order to understand what accommodations an employer must provide so the worker is able to complete job tasks.

To identify current or future risks to the health and safety of the applicant or employee in order to establish appropriate risk prevention measures and in order to comply with duties under worker health and safety laws.

To reduce expenditures associated with lost productivity,

To determine superannuation entitlements and insurance coverage.

due to a health condition, if the employee fails to provide appropriate medical documentation clearing a return to work.

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The Disability Discrimination Act 1992 The Disability Discrimination Act 1992 precludes employers from discriminating against prospective workers on the basis of disability or from considering disability status in setting terms and conditions of employment. Disability is defined broadly to include pre-existing conditions, current conditions, and conditions that may exist in the future.

The Act does carve out an “exemption,” or an exception to the prohibition against considering disability status. An employer may consider a disabling condition that would make it impossible for the employee to carry out the inherent requirements of the job even if the employer made reasonable adjustments for the worker.

An employer may also consider a disabling condition in situations where accommodations to allow the worker to perform job tasks would constitute an “unjustifiable hardship.”

An unjustifiable hardship may exist when an accommodation would have a detrimental affect on other workers, on clients, or on the organization as a whole.

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Medical Assessment of Employees In the Workplace

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10 This is really a corollary of the previous two rules.

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The higher the risks associated with the work that the employee does, the greater the justification for an employer to request a medical exam. This is especially true if the employee’s stated condition necessitating his absence is a condition that would affect job capacity.

Whether making a request before a worker has been hired, or asking a current employee to undergo an exam, employers should be sure they have a legitimate necessary reason to ask for a medical exam and should be certain to fully explain to the worker why the request or demand for an examination is being made. By providing strong justification for any exam requests, especially when the exam is intended to protect the employee, an employer can reduce the chances of having a claim made against them for asking for a medical exam.

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Get the Help From Us

To learn more about asking an employee to undergo a medical examination, and to get advice on how to handle an employee’s refusal to take an exam or medical results showing an employee is unfit, contact OHL Lawyers at 02 8315 4034 or contact us via ohl@owenhodge.com.au to schedule a free consultation with one of our experienced employment lawyers.

02 8215 4034 OHL@owenhodge.com.au

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