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Post-Offer Employment Testing and Regulatory Compliance

2 years ago

Post-Offer Employment Testing and Regulatory Compliance

One Call’s Post Offer Employment Testing (POET) Program assists employers in mitigating potential risks associated with hiring candidates who are physically incapable of performing the physical demands of a job. Proper screening done by trained professionals is not only directly tied to injury prevention and injury severity reduction, but it has also been shown to increase the length of employment by ensuring work compatibility. Further cost reductions are visible in One Call’s maintenance of baseline data, collected at the time of the screen, to later be used to negate potentially fraudulent claims or reduce excess indemnity exposure on future musculoskeletal claims.

Regulatory compliance

There are several governing laws which must be followed to ensure testing is compliant. One Call’s customized POET programs are designed and implemented to meet compliance standards.  Align ensures that The American with Disabilities Act (ADA) and the governing Equal Employment Opportunity Commission (EEOC) are adhered to at all times so as to never violate any anti-discrimination laws. Governing bodies also dictate that once an employer initiates a testing program, every future applicant must undergo the same screening process. All testers must utilize the same testing instructions and complete the required documentation consistently, regardless of where the applicant is being screened.  One Call’s vast nationwide network is one of the largest testing footprints available in the market today which guarantees consistency of testing protocols. Governing laws also state that employers must be consistent in their hiring process following the implementation of a POET program. Employers cannot hire an applicant who fails the test (unless for a different position) nor can they rescind an offer to an appropriate applicant who has passed the POET. Employers can only rescind an offer of employment based on failure to meet validated “essential job function” testing. One Call’s thorough and well-documented job site analysis ensures EEOC compliance prior to test design and implementation.

The Uniform Guidelines on Employee Selection Procedures (UGESP) were adopted by the EEOC back in the 1970’s. One Call’s adherence to these Guidelines ensures that our pre-hire screening processes are not discriminatory.  The importance of utilizing our accurate and validated job site analysis processes with essential job function testing only is critical.  One Call’s customized strength testing that is clearly job-related and never more difficult than what a job requires ensures employer compliance. Following the development of our detailed job description by one of our licensed clinicians, One Call validates its customized protocols through existing employee incumbent testing. Incumbent testing ensures test validity as required by UGESP, to support non –discrimination based on age, race, color, ethnicity, sex or religion.  Also, yearly statistical analysis tracks any adverse trends and annual updating to current job descriptions ensures continued accuracy.   

The ADA clearly prohibits any employer from discriminating against a qualified applicant with a disability based solely on that disability.  An employer is not allowed to ask questions about a disability or require medical screening until after a conditional job offer is made and the same screening process must be consistent for all candidates. In addition, The Age Discrimination in Employment Act (ADEA) clearly prohibits discrimination based on age (40 or older).  One Call’s compliant POET program obtains significant baseline medical data during screening that identifies if the candidate is a potential “direct threat” to either themselves or future co-worker’s prior to job placement via the pass/fail outcome, but One Call protects its employers by maintaining all medical information in a manner that is confidential and HIPAA compliant. 

Efficient scheduling and reporting

One Call recognizes that employers not only need to ensure that testing is done accurately and safely, but also efficiently to not delay the hiring process. One Call maintains a 48-hour test scheduling policy with a maximum 8 hour pass/fail outcome delivery to our client’s to ensure maximized hiring times. 

Visit booth #907 at RIMS in San Antonio to see a live demo of components of our POET offering!

Read more about our POET offering in this WorkCompWire article.

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