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Failed pre-employment physical
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Failed pre-employment physical
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Temp employee has worked here for 2 months in assembly. We offered to hire her as a regular employee and sent her for a physical. While she passed, the doctor informed us that the employee stated in h
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Failed pre-employment physical
posted at 8/5/2010 12:40 PM EDT
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Posts: 160
First: 12/5/2002 Last: 4/26/2011 |
Temp employee has worked here for 2 months in assembly. We offered to hire her as a regular employee and sent her for a physical. While she passed, the doctor informed us that the employee stated in her medical history that she has had carpal tunnel surgery in both wrists.
The assembly work here is prone to wrist and forearm strain, and is about 50% of our work comp claims. I do not want to hire this employee and risk future W/C claim. I would like to allow her to continue to work as a temp (on the agency's W/C insurance), but if our rationale for not hiring her is that we deem the work to be too great a risk to her safety, then I do not think we could justify allowing her to continue as a temp either. I'm pretty sure that if given the choice she would rather continue as a temp than be let go completely. She is a good worker, I just don't want the insurance risk. Any ideas on how to limit our liability and hire or allow to continue as a temp? |
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Failed pre-employment physical
posted at 8/5/2010 5:54 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Temps come with their own issues...one of which is that the temp agency will indirectly pass any WC claims made by someone temping at your location to you. So in the end I don't bet that you are saving that much in premiums by farming her issue out to the temp agency.
Do you have any company policies regarding how long a person can be a temp? You might need to check your eligibility for any benefits plans. I also have to wonder why you require physicals for employees but not for temps. Especially if they are doing the same exact job position. If the temp agency does physicals, why didn't they find this issue and deal with it prior to her ever temping for you? Especially if it is a BFOQ. Is it not a BFOQ? If not, then you have a problem refusing to hire her just on the possible chance that she will file a WC claim. |
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