Anyone know much about legalities for a "fitness test" prior to job placement?

[lloydguy]

Anyone know much about legalities for a "fitness test" prior to job placement?

Here's my little story.I was hired last wednesday as a operator for a construction company
Thursday I was booked for a drug test and a "lung capacity" test(because the job site exceeds
OH&S reg's for silica dust)or something to that effect. When i get to the "safety services" place
I am given a 4 page medical history questionare to fill out.I answered all of the questions honestly
and proceeded to take the pee test.The examiner asked me why I checked yes beside the question
that asked if I ever had pain anywhere in my body.I told her that I sprained my ankle last winter and
I get mild pains from time to time in that area. The examiner basically said that my "exam" was over,
I am not fit for work,and that I should leave because she had a busy day booked.
I said who are you to tell me that I'm "not fit for work" no doctor has ever said that.
She said I have an unhealed injury and that she couldnt give me a physical exam.She then phoned the
company that I was hired by and said that "I'm unfit for any type of work"
I called the company and asked what was going on with this "fitness exam" they said they could not
send me to one of their job sites without a Doctors note saying that "i am fit for work"
So, I went to a Doc. told him my situation,he examined me and gave me the letter.I faxed it to the
company,now they wont hire be because "they won't hire anyone with a medical condition"
I was supposed to go from the drug test straight to the job site to begin work, now I'm waiting
for a call or email telling me if I'm terminated or not.
Sorry for the long story,anyone got any advise??????????
Is it stupid to post a story like this?There is no names anywhere,so I didnt think it would hurt.

 

[moyiesledhead]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Bit in the ass by honesty. Happens all the time.

 

[whoDEANie]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Sheeeesh, seems like a bunch of BS to me, especially if you're just sitting in a cab all day. I might understand their concern if you were on your feet all day, working heights, etc. but my spidy senses are telling me that you are well within your right to complain. I just have no idea who you'd complain to other than us, maybe the labor board? In the end, what would you do if you were within your rights to get you job back and the employer was forced to take you back? ...probably wouldn't have a very good relationship with your employer and they'd probably just find a more acceptable reason to get rid of you.

 

[the_real_wild1]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Tons of jobs out there. I would not bother taking it any further. Obviously the company has been bit by others. If you have to fight in a legal way to get the job move on.

 

[moyiesledhead]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Yup, might just be time to move on.....unless you're willing to put up with a bunch of crap over principle, then go for it.

I guess you know how to answer those medical questions next time huh!

 

[lloydguy]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

This is all over a "sprain" from 8 months ago.I wasnt thinking about protecting my privacy
while answering the questionare at all.I didnt think that this would get all blown way out
of proportion.Doc.'s note say's im 100% fit and I have no loss of strength or range of motion.
I was hired and was just supposed to take a pee test before heading to the job site,now
all of the sudden,I'm not hired.
As per Canadian law I could only be drug tested AFTER I was given the position(I've read into that)
I just duno where to take it from here.
Apperently the "fitness evaluator" feels that she is qualified to make medical decisions
about me.

 

[Bogger]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Simple case of a few bad apples spoiling the bunch.

Medical fitness tests have become common and will soon be the norm, WCB costs and even more so, the stats, are an essential key to a companies success in todays environment. One of the most common WCB claims for an equipment operator is sprained/strained foot/ankle/knee etc... this results from entering and exiting the equipment.

I am by no means placing you into this group but unfortunately there are MANY who would accept the position and within the first week claim to have injured themselves entering or exiting the equipment, a modified work offer would include limited mobility eliminating access and egress from the equipment meaning either the operator is paid to sit in an office or becomes a costly lost time claim which jeaprodizes the companies ability to secure future work with large clients.

I'm not 100% in agreement with the process, there are many I do not agree with, however it's a business move supported by loss management statistics.

 

[the_real_wild1]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

It is all bs but there is nothing you can do about it. I was declined a claim from wcb a few weeks ago because I tore up my knee at work. Because I dislocated it five years ago and was honest about not knowing how I did it at work she said I didnt have a claim. Had I just said I stepped off a step funny or something to that effect which I probably did the claim would have been fine. It just started getting progressively sore throughout the afternoon. I had a mri booked and had to pay out of pocket for it just so I knew what was going on with it. Just have to deal with it and move on. This is Alberta. Most of our staff is from the east now as we cant get guys from here. You shouldnt have any issue finding a job.

 

[lloydguy]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

The "fitness evaluator" said that if I didnt tell them about any past injuries and a workplace
accident ever hapened then WCB would deny the claim because there was a previous injury.
If WCB has access to medical history(in the event of a claim) then how could anyone try to fake a workplace injury?
You know what I mean?If I ever twisted my ankle again,they could see that there was an
injury in that area before.Therefore protecting the employer from the past.
The "fitness evaluator" said that ANYONE WITH ANY PAIN ANYWHERE IN THEIR BODY IS SUFFERING FROM A PREVIOUS INJURY AND IS NOT FIT FOR WORK.
Those are her words.It's not like WCB is a cash cow and they pay out on B.S. injuries.
I cannot be held accountable for any problems that company had with onsite injuries
in the past,my medical records dont have anything to do with weather I can do the job
or not.

 

[Bogger]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Like I said I'm not defending the process, just trying to explain why it exists...

WCB is much like EI, those who know how to play the system benefit and the ones who deserve compensation are often denied. As an employer's representitive on WCB claims I see both sides... A good employer will look after a good employee regardless of the WCB's decision, infact in many cases a denied claim can be a win/win for both the employer and the employee assuming that there is a mutual respect between the two parties....

The "fitness evaluator" said that if I didnt tell them about any past injuries and a workplace
accident ever hapened then WCB would deny the claim because there was a previous injury.
If WCB has access to medical history(in the event of a claim) then how could anyone try to fake a workplace injury?
You know what I mean?If I ever twisted my ankle again,they could see that there was an
injury in that area before.Therefore protecting the employer from the past.
The "fitness evaluator" said that ANYONE WITH ANY PAIN ANYWHERE IN THEIR BODY IS SUFFERING FROM A PREVIOUS INJURY AND IS NOT FIT FOR WORK.
Those are her words.It's not like WCB is a cash cow and they pay out on B.S. injuries.
I cannot be held accountable for any problems that company had with onsite injuries
in the past,my medical records dont have anything to do with weather I can do the job
or not.

 

[lloydguy]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

To state it more clearly,Now that the employer knows that I have an ankle that has had injury
in the past,they know that if I ever twisted it again,WCB would NOT place any liability on them,
because of the past documented sprain.They are pretty much off of the hook for any future dammage
It's not even close to fair that I get labeled as unfit forwork from someone outside of the medical field.
That's why we have Doctors and Law's.
WCB's whole purpose is to protect employers from liability.So, I dont see how I am even a small
risk to anyone.

 

[teeroy]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

wow....crazy stuff. they must be playing the CYA game to the max. when forestry made all their changes in regards to safety they made anyone that hauled or ran any equipment do a "fitness test" as part of our wildfire certification. we had to carry a 40 lb pack and run a mile in under 15 minutes. sounds cheezy until you try it, quite a few guys couldn't do it. like we're going to outrun a goddamn forest fire.....

 

[imdoo'n]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

wow....crazy stuff. they must be playing the CYA game to the max. when forestry made all their changes in regards to safety they made anyone that hauled or ran any equipment do a "fitness test" as part of our wildfire certification. we had to carry a 40 lb pack and run a mile in under 15 minutes. sounds cheezy until you try it, quite a few guys couldn't do it. like we're going to outrun a goddamn forest fire.....

maybe they were looking for ball team players?

 

[lloydguy]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

I talked to rep's from the company that gave me the "red flag"this afternoon for quite awhile.
They said that I have limited range of motion and other problems with my ankle.So,I was red flagged.
I replied how does my file say that when I was never given any physical tests or examined in ANYWAY????
It was wrote down here in your file,that's all I can tell you.was the responce......................
I was pretty wound up by the time I got off of the phone.I told them that maybe they should have at least
one piece of evedence before they make a decision that will mess up someones life.
My Doctor say's im 100%(he has x rays and has examimed me)
Safety place say's i have a unhealed injury and am not fit for any type of work anywhere.
They have determined this by looking at me across of a room apperently.
What a BS situation.AAAAAAAARGGGG.

I ASKED IF THEY WOULD FITNESS TEST ME ,WHAT EVER TESTS THEY HAVE,I WILL TAKE THEM ALL....THEY WOULD NOT GIVE ME AN ANSWER.

 

[imdoo'n]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

time to move on, life is not fair. but maybe it is a good thing you may find something better. life is like a y in the road, everyday ya get to make a turn that can make big changes, your worrying to much. no matter what ya do they are not hiring you, try the shop next door.

 

[moyiesledhead]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Thought some more about this today while puttering in the shop. If it was me I'd be tempted to get a lawyer and challenge the company that declared me unfit for work without doing a medical assessment. It'd be a pain in the azz, but sometimes someone has to take a stand.

 

[lloydguy]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

I had offers from other companies but this one was the best choice for several reasons.
This is the one I really wanted.Then I got judged during a 2 minute conversation before
the exam was given.Words cant describe how wrong I think it is that I was red flagged
with no exam being given.She asked if I EVER had pain ANYWHERE in my body,I said yes.
BOOM, game over you fail.................She wrote down some assumtions of her own and
it was all over.
Her only advice today was to get a Doctor to say that they(safety place) are wrong and
that you are completely physically fit for work.I said that I had already done that,but the decision was already made to terminate me as per their advise.

 

[SledMamma]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

Simple case of a few bad apples spoiling the bunch.

Medical fitness tests have become common and will soon be the norm, WCB costs and even more so, the stats, are an essential key to a companies success in todays environment. One of the most common WCB claims for an equipment operator is sprained/strained foot/ankle/knee etc... this results from entering and exiting the equipment.

I am by no means placing you into this group but unfortunately there are MANY who would accept the position and within the first week claim to have injured themselves entering or exiting the equipment, a modified work offer would include limited mobility eliminating access and egress from the equipment meaning either the operator is paid to sit in an office or becomes a costly lost time claim which jeaprodizes the companies ability to secure future work with large clients.

I'm not 100% in agreement with the process, there are many I do not agree with, however it's a business move supported by loss management statistics.

Jeezus Bogger, you almost sound like a responsible adult Crazy!!!

 

[Cyle]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

That's sucks, I had something similar two years ago. But a letter from my doctor was good enough to override the companys assesment and all was good. Seem's really weird that a note from a doctor isn't good enough.

 

[Bogger]

Re: Anyone know much about legalities for a "fitness test" prior to job placement?

I might not go so far as the lawyer route, but I would lodge a formal complaint against the company doing the testing with Alberta Employment and possibly even these guys....

Alberta Human Rights: Pre-employment medical testing