Policy on
pre-employment
medical assessments
Change in documentation:
This clinic has decided to issue the enclosed result form which details the recommendations and other test results. This is based on the information contained in the references listed at the conclusion of this letter. The reduced documentation relates to the worker’s capacity to do the job and avoids releasing private medical details.
Preamble:
Northern Industrial Clinic is a specialized Occupational Health Clinic offering a variety of Occupational Health services. Pre-employment medical assessment is a major part of our service.
We are committed to the principles of ‘best practice’. We believe that a pre-employment medical assessment must be effective in serving its purpose, and in complying with legal requirements. Our pre-employment assessment policy is based on published guidelines and various acts of parliament (see references). Issues covered by our policy include:
Purpose of pre-employment assessments
Distinction from health surveillance & health screening
Counseling of, and informed consent from prospective employee
Communication of assessment result and recommendations
Confidentiality and possession of records
Purpose:
The purposes of pre-employment medical examinations are:
To ensure that the candidate is medically capable of fulfilling the inherent requirements of the proposed position.
To ensure that the candidate’s health enables him/her to perform the proposed duties without undue safety risks to him/herself or others.
If disabilities or medical conditions are present relevant to i) and ii), to make recommendations as to how these can be accommodated by means of reasonable workplace modifications, or restrictions of activities.
Health screening and surveillance:
During pre-employment assessments, general health screening procedures (not related to health requirements for the proposed duties) are often carried out with the best of intentions. It is important for a finding such as a high blood pressure to be assessed by a local medical officer, but this has no input on the persons ability to do the actual job. It is essential that the candidate is aware that this is not a required part of the pre-employment assessment, and may refuse without jeopardy to his/her job application.
Informed consent:
It is our practice to explain to prospective employees the procedure and purpose of pre-employment assessments in obtaining their consent for the assessment.
We also inform them, in writing, of their obligation to disclose any pre-existing injuries as required by the Accident Compensation Act 1985 Part IX s. 23. (7).
Communication of findings:
The information conveyed to the employer should reflect the purpose of the assessment as stated above, and presented in the form of recommendations. We can communicate by telephone to the appropriate officer of the company to clarify any issues and do so routinely in situations requiring modification of the work place or activities. It is important that confidential medical details are not revealed without the worker’s authority.
Possession of records & confidentiality:
The full documentation of assessment findings remains the property of the assessor. Occasionally, the examining doctor may not be the final assessor: e.g., a company occupational physician may be the final assessor. The company may send the candidates to other doctors for the examination of the candidates for the purpose of this assessment. In these circumstances, the full documentation is the possession of the company physician, the examining doctor acting only as an examiner to document findings.
On-site medical record storage:
If full documentation is required we would require an undertaking in writing that the medical results will be stored in a safe, locked place with access only by a medical practitioner, registered nurse or human resources manager.
References:
Equal Opportunity Act 1995 (last amended 1 Jul 98)
Occupational Health & Safety Act 1985 (last amended 17 Nov 98)
Accident Compensation Act 1985 (last amended 1 Dec 98)
Guidelines for health assessment for work, October 1998
Australasian Faculty of Occupational Medicine (AFOM)
Guide on Ethics for Medical Practitioners practicing Occupational Medicine –
The privacy of personal health records and their contents
The Australian and New Zealand society of Occupational Medicine (ANZSOM)
ACCI Guidelines on Health Assessments, 1986
Australian Chamber of Commerce & Industry
www.abol.net
Best practice: Recruitment and Selection
Human Rights & Equal Opportunities Commission:
www.hreoc.gov.au/employers _page/best_practice
Accident Compensation Act 1985 Part IX s.23.(7)
If it is proved that before commencing employment with the employer—
a worker had a pre-existing injury or disease of which the worker was aware; and the employer in writing— advised the worker as to the nature of the proposed employment; and requested the worker to disclose all pre-existing injuries and diseases suffered by the worker of which the worker was aware and could reasonably be expected to foresee could be affected by the nature of the proposed employment; and advised the worker that sub-section (8) will apply to a failure to make such a disclosure or the making of false or misleading disclosure; and advised the worker as to the effect of sub-section (8) on the worker’s entitlement to compensation; and the worker failed to make such a disclosure or made a false or misleading disclosure—subsection(8) applies: --any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this act. |
