Is it legal to ask employees about health issues? | TruckMount Forums #1 Carpet Cleaning Forums

Is it legal to ask employees about health issues?

rob allen

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Most of you know that own my employees had a mild heart attack in a home and he almost died. He wants to come back and clean again. I'm concerned about his health if he continues cleaning. My question is can you ask people about health issues or medical condition before hiring and during employment?

 

LookNGood

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Most of you know that own my employees had a mild heart attack in a home and he almost died. He wants to come back and clean again. I'm concerned about his health if he continues cleaning. My question is can you ask people about health issues or medical condition before hiring and during employment?

My mother was a nurse. Now she works for the state.

When I applied for a job they asked. She told me they didn't have the right to my medical history.

However you may be able to have them take a physical to ensure they are physically capable of doing the work.

That way it's documented and at the recommendation of a doctor.

In your case I would let the kid clean but have him check in with the office regularly so you can keep tabs. Or maybe transfer him to the rug plant if possible.
 

rob allen

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Do you ever run 2 man trucks Rob?
Rarely Todd. We used to dual wand a lot and run 5-7 jobs a day. My present business model I want to build upon is one man and one wand systems.
 
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Frank House

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Once an employee is on the job, an employer's right to conduct a medical examination is usually limited to so-called "fitness for duty" situations. If an employee exhibits objective indications that he or she is physically or mentally unfit to perform the essential functions of the job (for example, by claiming an injury that makes working impossible), an employer may request that the employee's fitness for the job be evaluated by a medical examiner.

Although the medical examiner can take a full history of the employee and conduct necessary tests to evaluate the employee's fitness, the employer is not generally entitled to all of this information -- only to the examiner's conclusions about whether the employee can work. Many states also impose strict limits on the information a doctor may disclose to an employer or an insurance company without the worker's consent.

Similarly, although an employer may request a medical certification from an employee who needs to take leave under the Family and Medical Leave Act (FMLA), the employer is entitled only to specific information about the employee's need for leave -- not to a full health screening or medical history.

The law also imposes certain privacy protections for the results of a medical examination. Data gathered in medical examinations must be kept in a separate personnel file available only to those with a demonstrable need to know, such as supervisors -- who may need information about the employee's work restrictions or reasonable accommodations -- and first aid and safety personnel (if the employee's disability might require emergency treatment).

Information above and more can be found at
http://www.nolo.com/legal-encyclopedia/workplace-testing-employer-requirements-29496.html
 

Mike Krall

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You don't have to ask about his health, just get a doctor's note affirming he can perform the strenuous job tasks.
I had a similar situation to Rob. Guy had trouble breathing and had previous health issues related to his heart. He left work one night because of the breathing issues. He wanted to come back 2 days later. I didn't want to be a dick, but I said listen, our handbook states you need a doctors note to return to work clearing you of any medical issues if you miss 2 consecutive days. He refused to provide one so I had to fire him.
 

Mike Krall

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Once an employee is on the job, an employer's right to conduct a medical examination is usually limited to so-called "fitness for duty" situations. If an employee exhibits objective indications that he or she is physically or mentally unfit to perform the essential functions of the job (for example, by claiming an injury that makes working impossible), an employer may request that the employee's fitness for the job be evaluated by a medical examiner.

Although the medical examiner can take a full history of the employee and conduct necessary tests to evaluate the employee's fitness, the employer is not generally entitled to all of this information -- only to the examiner's conclusions about whether the employee can work. Many states also impose strict limits on the information a doctor may disclose to an employer or an insurance company without the worker's consent.

Similarly, although an employer may request a medical certification from an employee who needs to take leave under the Family and Medical Leave Act (FMLA), the employer is entitled only to specific information about the employee's need for leave -- not to a full health screening or medical history.

The law also imposes certain privacy protections for the results of a medical examination. Data gathered in medical examinations must be kept in a separate personnel file available only to those with a demonstrable need to know, such as supervisors -- who may need information about the employee's work restrictions or reasonable accommodations -- and first aid and safety personnel (if the employee's disability might require emergency treatment).

Information above and more can be found at
http://www.nolo.com/legal-encyclopedia/workplace-testing-employer-requirements-29496.html
Cool. So can I make them take eye exam tests?
 

Omar

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The company i work for requires that you take a strength test. Basically its a machine that you do butterflies and curls on, with your arms and legs. Its hooked up to a computer and it reads your strength. If you score low, they wont hire you. I guess it tests your body for injuries etc..

You are also required to get a physical done. Dont see why you wouldnt be able to do the same in this industry.
 
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Kipp

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The better approach is to clearly outline all physical demands of the job. Then ask them if they have any limitations that would prevent them from doing the job or cause any potential health risks. They should sign something to that effect.

You should always have employees sign that they have received, read, and understood your employee handbook
 

SunnyDays Carpet Cleaning

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As a man who had a health problem seven years ago. I can now run with the best of them. Give the man a chance, he will probably be one of your best employees.
 
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Omar

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As a man who had a health problem seven years ago. I can now run with the best of them. Give the man a chance, he will probably be one of your best employees.
If he has another heart attack and doesnt make it, will Rob be liable? If a proper physical isnt performed before hiring, can a company be blamed if something happens to an employee?

Say this happens while hes driving and others get harmed, now what? Thats how the trucking industry sees it.
 

SunnyDays Carpet Cleaning

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If he has another heart attack and doesnt make it, will Rob be liable? If a proper physical isnt performed before hiring, can a company be blamed if something happens to an employee?

Say this happens while hes driving and others get harmed, now what? Thats how the trucking industry sees it.
If he is cleared by a doctor, he should be fine. Just have his doctor write a letter clearing him.
 

John Davidson

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Hey Rob, according to the Americans with Disabilities Act, you as an employer cannot ask that he take a medical exam prior to offering him a job again, but you can offer him a position with the condition that he pass a medical exam.
 
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