1	Medical Examinations and Inquiries John Patrick Evans, Certified Rehabilitation Counselor – Corporate Consultant Washington State Department Social and Health Services Division of Vocational Rehabilitation EvansJP@dshs.wa.gov 2003
2	Medical Examination - Definition A “Medical Examination” is a procedure or test that seeks information about an individual’s physical or mental impairments or health.
3	Medical Examinations and Inquiries - Pre-Offer An employer may not require a job applicant to take a medical examination, or respond to medical inquiries or to provide information about worker’ compensation claims before the employer makes a “conditional job offer” to the applicant.
4	Medical Examinations and Inquiries - Post-Offer An employer may need to conduct examinations to determine if an applicant can perform certain jobs effectively and safely. Employers are restricted only in that such examinations be conducted as a separate, second step, of the selection process, after an individual has met all other job pre-requisites.
5	Medical Examinations and Inquiries - Post-Offer Once a conditional job offer is made, the employer may ask disability-related questions and require medical examinations as long as this is done for all entering employees in that job category.
6	Medical Examinations and Inquiries - Post-Offer If a job offer is withdrawn, the employer must show that no reasonable accommodation was available that would enable this individual to perform the essential job functions, or that accommodation would impose an undue hardship.
7	Medical Examinations and Inquiries - Post-Offer A post-offer medical examination may disqualify an individual who would pose a “direct threat” to health or safety. Such a disqualification must be job related and consistent with business necessity.
8	Medical Examinations and Inquiries Post-Offer A post-offer medical examination may not disqualify an individual with a disability who is currently able to perform essential job functions because of speculation that the disability may cause a risk of future injury.
9	Medical Examinations and Inquiries - Employees The need for an examination may be triggered by some evidence of problems related to job performance or safety, or an examination may be necessary to determine whether individuals in physically demanding jobs continue to be fit for duty. In either case, the “scope of the examination” must be job-related.
10	Medical Examinations and Inquiries - Employees Employers are permitted to require medical examinations or make inquiries necessary to implement an employees request for reasonable accommodation.
11	Medical Examinations and Inquiries - Employees Employers are permitted to make inquiries and require medical examinations (fitness for duty exams) when there is a need to determine if an employee is still able to perform the essential functions of his or her job.
12	Medical Examinations and Inquiries - Employees Medical inquiries related to an employee’s disability or functional limitations may include consultations with doctors or other knowledgeable professional resources including occupational and physical therapists, rehabilitation specialists or organizations with expertise in adaptations for specific disabilities.
13	Medical Examinations and Inquiries - Employees Conclusions of general medical studies about work restrictions for people with certain disabilities will not be sufficient evidence, because they do not relate to a particular individual and do not consider reasonable accommodation.
14	Medical Examinations and Inquiries - Employees A doctor who conducts medical examinations for an employer should not be responsible for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation. This is the responsibility of the employer.
15	Medical Examinations and Inquiries - Employees The doctor’s role should be limited to advising the employer about an individual’s functional limitations and limitations in relation to job functions, and about whether the individual meets the employer’s health and safety requirements.
16	Medical Examinations and Inquiries - Employees An employer may conduct voluntary medical examinations and activities, including voluntary medical histories, which are part of an employee health program available to employees at the work site.
17	Confidential Medical Record Information obtained under an inquiry regarding the medical condition or history of the applicant or employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record.
18	Confidential Medical Record Employers may disclose medical information to: * Supervisors and Managers * First Aid and Safety Personnel * Government Officials Investigating Compliance * State Workers’ Compensation Offices * State Second Injury Funds