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Post Offer Pre-Employment Exams
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I work for a home health care company that does "post offer pre-employment" physical exams of our nursing assistants. The exam is not medical in nature but does test the essential job functions of the
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Post Offer Pre-Employment Exams
posted at 12/2/2009 10:19 AM EST
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Posts: 4
First: 5/30/2006 Last: 12/4/2009 |
I work for a home health care company that does "post offer pre-employment" physical exams of our nursing assistants. The exam is not medical in nature but does test the essential job functions of the position. We have physical therapists from an outside agency conduct the exams. They give us the results of the evaluations that same day noting whether the orientee passed or failed and why. If the someone does not pass all tasks, then they are excused from orientation and are not hired.
Recently, the CEO has proposed that our staff RNs conduct the exams in order to meet our new, very tight budget. Does anyone see a legal issue, or any other issue for that matter, with the RNs conducting these exams rather than the outside PT company? Your expertise is most appreciated |
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Post Offer Pre-Employment Exams
posted at 12/3/2009 8:20 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Generally the best reason for using an outside firm is that it gives the employer an "arms length" of liability protection. The outside firm usually have a very standard process and would use the same process each and every evaluation. They also have no real concern, beyond evaluating the applicant for you. Which means that they are (possibly) less likely to discriminate. And usually they are more trained both in essential functions and employment laws.
It also gives the employer someone to blame when a job offer has to be retracted. If you pulled it in-house, I would make sure a standard process is set up and you have specific people hired and trained to do the evaluations. And that they know and learn the issues that could be liabilities -- i.e. reasonable job accommodations for disabilities, questions that can and cannot be asked, etc. Just like pulling any process in-house, you need to have someone competent to do the same work. |
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Post Offer Pre-Employment Exams
posted at 12/4/2009 4:25 AM EST
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Posts: 4
First: 5/30/2006 Last: 12/4/2009 |
Thank you. That is a point I brought up in a meeting yesterday. We've decided to table it for now while we work out a training plan for our Director of Nursing.
We plan on opening smaller, stand alone offices across the region and having a PT group do all the exams wouldn't be financially feasible, especially as we a special arrangement w/our current group that truly can't beat. |
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