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Pre-Employment/Post-Offer Physical Capacity Testing Program

The purpose of the Program is to ensure that candidates for identified positions possess the necessary physical capacity to safely perform the essential functions of the job with or without reasonable accommodations.

All offers of employment in identified positions are contingent upon the candidate's successful completion of a Physical Capacity Test specific to the essential functions and measured physical demands of the identified position which was offered. The Physical Capacity Test must be completed after the contingent job offer has been extended and prior to the candidate's date of hire.

Intended Outcomes

  • Reduce the frequency and/or severity of exertional injuries
  • Protect the safety of patients and employees
  • Decrease turnover due to inability to meet physical demands
  • Develop a baseline measure of employees' physical capacity 

Purpose

To ensure that Candidates for Identified Positions possess the necessary physical capacity to safely perform the essential functions of the job with or without reasonable accommodations.

Policy

All offers of employment in Identified Positions are contingent upon the Candidate's successful completion of a Physical Capacity Test specific to the essential functions and measured physical demands of the Identified Position which was offered.  The Physical Capacity Test must be completed after the contingent job offer has been extended and prior to the Candidate's date of hire in the Identified Position.

Definitions

Authorization for Job Specific Testing: Description of job specific Physical Capacity Tests to be performed by Candidates for an Included Job.  The Authorization for Job Specific Testing is prepared by the Authorized Provider based on the Job Analysis, and must be reviewed and approved by the Duke entity senior human resources officer prior to implementation of the Pre-Employment/Post-Offer Physical Capacity Testing Program at each participating Duke entity and/or for any new Identified Position.

Authorized Provider: Vendor selected by the Workers' Compensation Administration to perform Job Analysis, prepare Authorizations for Job Specific Testing, administer Physical Capacity Tests, and report confidential test results.  

Candidate: An external applicant, current Duke Temporary Service employee, or current temporary employee placed through a staffing agency who has applied for an Identified Position at a participating Duke entity and who has received a contingent offer of employment.  Current regular employees applying for internal transfers or retiree status are not Candidates subject to this policy.

Identified Positions: Job codes and titles subject to the Pre-Employment/Post-Offer Physical Capacity Testing Program selected by the Workers' Compensation Administration and the Duke entity senior human resources officer at each Duke entity participating in the Program.  Criteria for Identified Positions include but are not necessarily limited to the relative risk of exertional injury, the cost of exertional injuries, the number of employees in the position, the annual number of candidates hired in to the position, and the ability to identify reasonably consistent physical demands in the Job Analysis.  The list of Identified Positions for each participating Duke entity is attached hereto and may be amended as necessary.

Job Analysis: Assessment and quantification of physical demands related to essential job functions by a process of on-site task observation of job performance, measurement (e.g.; push/pull forces, weights, etc.), dialogue with incumbents and management, and validation by administering the proposed Physical Capacity Test to incumbents.  The end result of job analysis is a Job Analysis Report describing the physical demands of the related to essential job functions in a standard format.  The Job Analysis Report shall be reviewed and approved by the Authorized Provider and by the Duke entity senior human resources officer prior to implementation of the Pre-Employment/Post-Offer Physical Capacity Testing Program at each Duke entity and/or for any new Identified Position.

Physical Capacity Test: A series of physical tests administered by the Authorized Provider specific to the essential functions and measured physical demands of the Identified Position. 

Procedure

Job descriptions for Identified Positions shall be consistent with the measured physical demands from the relevant Job Analysis.  When a vacancy or hiring notice is posted for an Identified Position, it shall include notice that any offer of employment is contingent upon the successful completion of the Physical Capacity Test and a hyperlink to the relevant Job Analysis and Authorization for Job Specific Testing.

The recruiter and hiring manager for an Identified Position shall inform prospective Candidates during the selection process that any offer of employment is contingent upon the successful completion of the Physical Capacity Test and make available to the prospective candidate a copy of the relevant Job Analysis and Authorization for Job Specific Testing.

When a contingent offer for an Identified Position is extended, the Candidate shall be provided with the Pre-Employment/Post-Offer Physical Capacity Testing Program information packet, which shall include an appropriate release for the Authorized Provider to report confidential test results to Duke.

The recruiter or other hiring representative of the participating Duke entity shall schedule an appointment for the Candidate to undergo the Physical Capacity Test.  Tests may be scheduled at the Authorized Provider's facility, at any Duke location established for that purpose, or at any facility within the Authorized Provider's extended network.  The Physical Capacity Test should be scheduled to accommodate the recruiting workflow and the planned date of hire and is complementary to the EOHW health screening.  The Physical Capacity Test must be completed and the results reported before the Candidate's first day of employment.

At the Physical Capacity Test appointment, the Authorized Provider shall review with the Candidate the test procedure, evaluate whether medical clearance prior to testing is indicated, and answer any questions the Candidate may have regarding pre-test accommodation for any disability.

If accommodation is requested prior to testing, the Authorized Vendor shall consult with Duke Employee Occupational Health and Wellness (EOHW).  EOHW and Duke Disability Management Services (DMS) shall utilize the current policy and procedures of the reasonable accommodation process to determine whether any accommodation in the Physical Capacity Test is appropriate.  All accommodation decisions shall be made by EOHW and DMS.  If the Candidate is unable to undertake the Physical Capacity Test, with or without accommodation, the Physical Capacity Test result is "Not Capable."

The recruiter or other hiring representative should inform Candidates of the usual medical conditions which would necessitate medical clearance before attempting the Physical Capacity Test.  If medical clearance prior to completing the test is indicated, the Candidate is allowed up to two weeks to obtain and provide medical clearance from a physician of his or her choice.  The Candidate should obtain medical clearance prior to the Physical Capacity Test appointment.  If after two weeks the clearance is not provided to the Authorized Vendor, the contingent employment offer is automatically revoked.

A Candidate who is unable to obtain medical clearance due to a disability or pregnancy may request an accommodation for the Physical Capacity Test.  Any request for accommodation shall be referred to EOHW.  EOHW shall confer with DMS, the Authorized Vendor, and the hiring manager (if appropriate) to determine whether any accommodation in the testing process would be reasonable.  In appropriate cases, an extension of the contingent offer period may be a reasonable accommodation.  All accommodation decisions shall be made by EOHW, DMS, and the hiring manager according to current Duke policies and procedures, which are not varied or altered by this Program.

The Authorized Vendor shall administer the relevant Physical Capacity Test to each medically able Candidate and notify the hiring representative of the participating Duke entity, Workers' Compensation, and EOHW of the test results as soon as practicable and typically within one business day of test completion.  Test results consist of a summary report of the Candidate's performance on the Physical Capacity test, including a rating of "Capable" or "Not Capable."

Test results will be communicated by the Authorized Provider to the recruiter who scheduled the test.  Communication may be by email or through an online scheduling and reporting tool.  The recruiter or other hiring representative is responsible for ensuring that a test result is received before the Candidate's planned date of hire.  The recruiter or other hiring representative must forward any "Not Capable" results to EOHW, together with the Candidate's contact information.

If the Physical Capacity Test result is "Capable," the participating Duke entity may continue the hiring process.  For Candidates rated "Capable" only, the Authorized Vendor shall provide EOHW with the Candidate's medical history obtained during the pre-screening process, except that Authorized Provider shall not knowingly collect, retain, nor communicate to anyone at Duke any genetic information that would be subject to the Genetic Information Nondiscrimination Act of 2008 (GINA).

If the Physical Capacity Test result is "Not Capable," EOHW shall contact the Candidate, explain the test result and respond to questions the Candidate may have.  If the Candidate requests or indicates a need for an accommodation, EOHW shall confer with DMS, the Authorized Vendor, and the hiring manager (if appropriate) to determine whether any accommodation (in the testing process or in the job for which the Candidate has applied) would be reasonable.  All accommodation decisions shall be made by EOHW, DMS, and the hiring manager according to current Duke policies and procedures, which are not varied or altered by this Program.

If the Physical Capacity Test result is "Not Capable," and an accommodation is not requested or cannot be provided, and the Candidate is unable to provide EOHW with additional medical information regarding the "Not Capable" outcome that demonstrates to EOHW the Candidate's ability to safely perform the essential functions and measured physical demands of the Identified Position, EOHW shall notify the recruiter or other hiring representative of the participating Duke entity that the "Not Capable" test result is confirmed.  The recruiter or other hiring representative of the participating Duke entity shall notify the Candidate that the contingent employment offer is revoked.

Any Candidate found Not Capable may apply for Identified Positions with substantially similar physical demands after six months.  There is no limitation on any Candidate found Not Capable from applying for other positions at any time.

Health & Wellness