Minnesota Department of Corrections

 

Policy:                        103.016                                   Title: Pre Placement Medical Exam and Evaluation

Issue Date:                 1/3/17

Effective Date:          1/17/17

 

AUTHORITY:          Minn. Stat. §§ 241.14; 626.84; 181.950-957; 363A.20, Subd. 8; 181.61;

Minn. R. 6700.0700, subpart 1

 

PURPOSE:    To ensure all finalists are capable of performing the essential job functions.  Exam components in this policy are conducted to support workplace productivity, safety, and security by ensuring finalists are physically and/or psychologically suitable for the job being considered.

 

APPLICABILITY:   Minnesota Department of Corrections (DOC); finalists for jobs requiring medical examination(s) and evaluation(s).

 

POLICY:       Successfully passing the required medical examination(s) and evaluation(s) which may include physical exam, psychological exam, drug test, tuberculosis screening, and respirator medical evaluation are job qualifications.  Medical examination(s) and evaluation(s) for jobs with essential functions requiring one or more of the possible exam components may require a conditional job offer until the employer receives confirmation that the finalist passed all required exam components.  The finalist must review and sign the physical demands analysis (PDA) for the job.

 

Pre-placement medical examination(s) and evaluation(s) must be conducted by the medical provider in compliance with all applicable rules and laws, including such examples as the Minnesota Government Data Practices Act (Minn. Stat., Ch. 13), the Minnesota Human Rights Act (Minn. Stat., Ch. 363A), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), Genetic Information Nondiscrimination Act (GINA) and Health Insurance Portability and Accountability Act (HIPAA).  Exam components are job-related and consistent with business necessity.

 

The DOC may ask whether and how the finalist is able to perform specific job functions.  The DOC may not ask a finalist to answer medical questions or take a medical examination before making a conditional job offer.  Physical demands analyses are available upon request.

 

DEFINITIONS:

ADA Coordinator – consistent with DOC Policy 103.310, “Reasonable Accommodation,” the regional human resources director (RHRD) serves as the ADA coordinator.

 

Bona fide occupational qualification (BFOQ) – attributes or requirements for the job which are legal exceptions to the general prohibition of discrimination.

 

Conditional job offer – an offer of employment contingent on successful completion of specific job requirements

 

Confirmatory drug test/confirmatory re-test – a test that uses a method of analysis approved by the commissioner of the Department of Health (Minn. Stat. § 181.953, subd. 1) that is considered reliable for providing specific data as to the drugs or other metabolites in the test sample.

 

Dilute urine specimen – specimen with creatinine and specific gravity values that are lower than expected for human urine.

 

Drug – any controlled substance as defined in Minn. Stat. §152.01, subd. 4.

 

Drug testing – the analysis of a body component sample according to the standards established under Minn. Stat. §181.953, subd. 1, for the purpose of measuring the presence or absence of drugs or their metabolites in the test sample

 

Finalist(s) – the top applicant(s) for a vacant position who may be required to meet one or more of the medical examination(s) and evaluation(s) components.  All medical examination(s) and evaluation(s) components are bona fide occupational qualifications. 

 

Initial drug screening test – a method of analysis approved by the commissioner of the Department of Health (Minn. Stat. §181.953, subd. 1) that is considered capable of providing data as to general classes of drugs or their metabolites.

 

Medical consultant (MC) – a qualified medical practitioner who reviews the finalist’s medical examination results from the occupational health clinic and compares the information to the physical demands analysis for the classification in which the finalist has a conditional job offer.  The MC makes a determination as to whether the finalist is medically recommended for the job.

 

Occupational health clinic – a department-contracted occupational health clinic.

 

Physical demands analysis (PDA) – a standardized analysis to quantify and evaluate the physical and environmental demand components of a job.

 

Physical exam – a thorough medical examination performed by a licensed physician to determine that the finalist’s ability to perform the essential job functions.

 

Positive drug test result – a finding of the presence of drugs or their metabolites in the test sample in levels at or above the threshold detection levels as contained in Minn. Stat. § 181.953, subd. 1.

 

Pre-placement – after a conditional job offer has been made but prior to starting the finalist in a job.

 

PROCEDURES:

A.        Determination of the essential functions of the job – All job classifications must have a physical demands analysis (PDA)

1.         All job classifications must have a location-specific physical demands analysis (PDA).

a)         Safety administrators and regional human resources (HR) staff must ensure that a PDA is established for each job classification at their work location and that it is reviewed as needed.  When a job classification requires a medical examination(s) and evaluation(s), the location-specific PDA must not exceed the established department-wide PDA.  If the PDA for the location changes to reflect higher physical demands, this must be communicated to, and reviewed with, the labor relations coordinator prior to finalizing the change.

 

b)         The hiring supervisor must provide input to PDAs of job classifications they supervise.  If physical demands change, the hiring supervisor must notify the safety administrator or regional HR staff, who will update the PDA if necessary.

 

c)         Regional HR staff must post the location-specific PDA on iShare.

 

d)         An HR staff representative must reference the availability of the PDA in the internal job postings and the state careers website announcements.

 

2.         Job classifications requiring medical examinations and evaluations must have a department-wide PDA, which reflects the physical demands for the job classification at all work locations.

a)         Management must determine the job classifications that require a pre-placement physical exam based upon an analysis of the department-wide PDAs provided by the labor relations coordinator.

 

b)         The labor relations coordinator must provide management with the department-wide PDA and analysis of best practices to establish or add job classifications requiring a physical exam.

 

c)         The labor relations coordinator must use the location-specific PDAs to create or update a department-wide PDA.

 

d)         When management determines a job classification requires a medical examination(s) and evaluation(s), the labor relations coordinator must work with medical professionals to establish or update medical examination criteria.

 

e)         Department-wide PDAs must be updated if a location-specific PDA is modified.  The labor relations coordinator must provide new or updated PDAs to the designated medical professionals.

 

f)         If a hiring supervisor/manager requests a medical examination and evaluation to be required for a new or additional job classification, he or she must notify the safety administrator and regional HR staff who must review and consult with the labor relations coordinator. 

 

3.         Job classifications that require a physical examination and evaluation are:

·                 Corrections officers (all job classifications)

·                 Sentencing to Service (STS) crew leader

·                 Corrections manufacturing specialist  (all job classifications)

·                 Trades/Maintenance (all classifications used by the DOC)

·                 Food Service (all classifications used by the DOC)

·                 Fugitive specialists (licensed peace officers – see procedure D, below)

 

4.         Job classifications that require a drug test.

All classifications that require medical examinations and evaluations (see A.3., above), registered nurses, and licensed practical nurses, also require a drug test.

 

5.         Job classifications that require a tuberculosis/Mantoux test

See Policy 105.180, “Tuberculosis Control for Applicants, Employees, Contractors, Volunteers, and Students.”

 

6.         Job classifications that require the use of a respirator

Finalists for classifications listed in Policy 105.115, “Respiratory Protection Program,” must undergo a respirator medical examination.

 

B.        Completion of medical examination(s) and evaluation(s):

1.         The hiring supervisor/designee extends a conditional job offer to the finalist, which includes information on the required medical examination(s) and evaluation(s).  If the finalist accepts the conditional job offer, the hiring supervisor/designee must notify a human resources (HR) staffing representative to coordinate the required medical examination(s) and evaluation(s).

a)         If medical examination(s) and evaluation(s) are required, the HR transactions aide instructs the finalist to schedule an appointment with the occupational health clinic within three business days.  The HR transactions aide must provide the finalist with the PDA.  The finalist must review and sign the PDA and return it to the transactions aide prior to the employment start date.

 

b)         If no medical examinations or evaluations are required, the HR transactions aide must provide the finalist with the PDA.  The finalist must review and sign the PDA and return it to the transactions aide prior to the employment start date.  Exclusions to this procedure include movements between corrections officer job classifications (Corrections Officer 1, 2, and 3, and Corrections Canine Officers, bidding between posts at the same work location); junior/senior plan promotions; reallocations to a different job classification; and returns to a former position during the trial period allowable under collective bargaining agreements.

 

2.         The finalist must review, sign, and return the PDA to the HR transactions aide.

a)         The finalist must indicate one of the following: the finalist meets the physical demands of the position without a reasonable accommodation, or the finalist meets the physical demands of the position with a reasonable accommodation.

 

b)         The HR transactions aide gives an HR staffing representative the finalist’s signed PDA, and the HR staffing representative provides the signed PDA to the RHRD with the finalist’s contact information.  If the finalist has indicated the need, the RHRD (acting as ADA coordinator) contacts the finalist to determine if the DOC is able to provide a reasonable accommodation in accordance with Policy 103.310, “Reasonable Accommodation.”  The RHRD must notify the finalist, the HR representative, and the hiring supervisor of the outcome.

 

c)         PDA results from finalists who are hired must be retained in the employee’s medical file.

 

d)         PDA results from finalists who are not hired must be retained by HR per the retention schedule.

 

3.         The HR transactions aide sends an electronic authorization to the occupational health clinic indicating which medical examination(s) and evaluation(s) the finalist must complete.

a)         Physical exam

Physical exam components are determined based upon Procedure A.3. of this policy, except for licensed peace officers whose physical exam components are based on Procedure D. of this policy.

 

b)         Five panel non-DOT drug test

Drug testing is conducted based upon Procedure A.4. of this policy.  If the job requires a commercial driver’s license (CDL), the finalist must undergo a CDL drug screen.  See Policy 103.041, “Commercial Driver’s License.”

 

c)         Tuberculosis/Mantoux testing

See Policy 105.180, “Tuberculosis Control for Applicants, Employees, Contractors, Volunteers, and Students.”

 

d)         Respirator medical examination

Finalists for jobs within classifications listed in Policy 105.115,Respiratory Protection Program,” must undergo a respirator medical evaluation.

 

e)         Psychological evaluation

Finalists for licensed peace officer jobs must undergo a psychological evaluation based upon Procedure D of this policy.

 

4.         The occupational health clinic evaluates the finalist by completing all required medical examinations and evaluations.  The occupational health clinic submits all medical examinations and evaluations documentation to the medical consultant (MC).  The MC may request further medical information from the finalist.

 

5.         If the finalist does not appear for his/her appointment or other issues arise which prevent the timely completion of all medical examinations and evaluations, the occupational health clinic designee must notify the HR transactions aide.

 

6.         The MC must notify HR in writing that either:

a)         The finalist is medically recommended for the job; or

 

b)         The finalist has limitations that require further analysis under Policy 103.310, “Reasonable Accommodation.”

 

7.         If the finalist is medically recommended, the HR transactions aide must notify the finalists, the HR staffing representative, the hiring supervisor/manager, and regional HR staff.  If the finalist is able to meet the physical demands of the position with a reasonable accommodation, the MC notifies the RHRD (acting as ADA coordinator), and the RHRD contacts the finalist.  If the finalist has limitations analyzed under B.6.b), above, the RHRD must notify the finalist, the HR staffing representative, and the hiring supervisor/manager of the outcome.  If the finalist wishes to appeal the decision, the finalist must contact the DOC affirmative action manager.

a)         Medical examination and evaluation results from finalists who are hired must be retained in the employee’s medical file.

 

b)         Medical examination and evaluation results from finalists who are not hired must be retained by HR per the retention schedule.

 

C.        Drug testing

It is necessary for the DOC to ensure finalists for designated DOC jobs are not using drugs illegally.  Further, the DOC has an obligation to ensure that its employees perform their jobs efficiently, safely and in a professional manner, as the credibility of employees reflect the credibility of the organization.  Therefore, the DOC conducts pre-placement drug testing on finalists for job classifications listed in Procedure A. 4., above, as allowed by state policy and Minn. Stat. §§ 181.950-957, the MN Drug and Alcohol Testing in the Workplace Act.  If an employee has, and is required to maintain, a commercial driver’s license (CDL), CDL drug testing must be completed in place of other (non-CDL) pre-employment drug testing that may be required.  Refer to Policy 103.041, “Commercial Driver’s License.”

 

1.         Job postings provide job applicants access to this policy.  Finalists who are not current DOC employees must be notified upon hire, and before any drug testing, if the job offer is contingent on passing a drug test.  Finalists required to undergo pre-placement drug testing have all rights specified in Minn. Stat. § 181.953, subd. 6.

 

2.         All finalists subject to a drug test must be provided a copy of this policy – paper or electronic link.  In addition, HR staff must provide the finalist with the General Drug Screen Test Consent form (attached).  The finalist must sign and return the form to the HR transactions aide prior to the drug test.  All finalists have the right to refuse to undergo pre-placement drug testing; however, if a finalist refuses drug testing, or refuses to sign the General Drug Screen Test Consent form, or otherwise fails to cooperate with the occupational health clinic, the job offer must be rescinded.

 

3.         Drug tests must be administered by an occupational health clinic, which must adhere to all Minnesota statutes regarding employment drug testing, including such examples as the reliability and fairness safeguards in Minn. Stat. § 181.953.

 

4.         The DOC must pay for the cost of the initial and, when procedure C.6.b) applies, confirmatory drug test(s).

 

5.         The occupational health clinic notifies the MC of the results of the drug test.  The MC notifies the HR transactions aide of the results of the drug test.  In accordance with Minn. Stat. § 181.954, subd. 4, positive drug test results must not be used as evidence in a criminal action against the employee or finalist tested. 

 

6.         The HR transactions aide, within three days of receiving the drug test results, must use those drug test results as follows:

a)         If the results are negative, the HR transactions staff notifies the finalist, the hiring supervisor/manager, regional HR staff, and the HR staffing representative in writing hat this qualification for the job has been met, and of the finalist’s right to request and receive a copy of the test result report.

 

b)         If the results are negative but dilute, the HR transactions aide instructs the finalist in writing, with a copy to the HR staffing representative, to take a second drug test and gives the finalist the minimum possible advance notice before the provision of a second specimen.  The second specimen collection must be observed by occupational health clinic staff.  If the results of the second test are negative but dilute, it is considered a valid negative test.  The second test becomes the test of record.  The HR transactions aide notifies the finalist, the hiring supervisor/manager, regional HR staff, and the HR staffing representative in writing that this qualification for the job had been met, and of their right to request and receive a copy of the test result report.

 

c)         If the results are positive or positive dilute, the HR transactions aide notifies the HR staffing representative.  The HR staffing representative notifies the hiring supervisor/manager and the finalist in writing within three working days of the DOC receiving the test result that the drug test was confirmed positive, citing this policy and the finalist's right to request and receive a copy of the drug test result report, and that he or she may elect to have a confirmatory retest of the original sample at his/her own expense.  If the finalist elects to have a confirmatory retest, the finalist must notify the HR staffing representative within five working days after receiving the written notice of the drug test result.  The HR staffing representative must notify the occupational health clinic in writing, within three working days of the notice from the finalist, that the finalist has requested a confirmatory retest.

(1)       If the confirmatory retest result is the same as the original positive test result, the finalist has not met the drug test qualification for the job.   The HR staffing representative must notify the finalist and the hiring supervisor/manager in writing that this qualification for the job has not been met and the conditional job offer is rescinded.

(2)       If the confirmatory retest result does not confirm the original positive test result, the HR staffing representative notifies the finalist and the hiring supervisor/manager in writing that the drug test qualification for the job has been met and no adverse personnel action will be taken.

 

7.         Positive results on a confirmatory test (procedure C. 6. b) or c)), or results of any test that the occupational health clinic reasonably believes to have been tampered with by the finalist, must result in the job offer being rescinded.

 

8.         Finalists whose conditional job offers have been rescinded due to drug testing must not be reconsidered for employment for 12 months from the date of the positive drug test.

 

9.         A copy of this policy is posted on the department policy website.

 

D.        Licensed peace officers

1.         In accordance with Minn. Rules 6700.0700, all licensed peace officers must undergo the following pre-placement exam components:

a)         Physical exam

A thorough medical examination of the finalist, by a licensed physician or surgeon at an occupational health clinic, to determine the finalist is free from any physical condition that might adversely affect the performance of peace officer duties.  The finalist must pass a job-related examination of the finalist's physical strength and agility to demonstrate the possession of physical skills necessary to accomplish the duties and functions of a peace officer.

 

b)         Psychological exam

An evaluation, including an oral interview, by a licensed psychologist contracted by the DOC, to determine the finalist is free from any emotional or mental condition that might adversely affect the performance of peace officer duties.

 

2.         The chief law enforcement officer (corrections investigation manager) and HR must retain all exam results, using the department’s medical records retention system.

 

E.         Reasonable accommodation / The Americans with Disabilities Act (ADA)

In accordance with the ADA, when a finalist requests a reasonable accommodation based on the results of the medical examination(s) and evaluation(s), the RHRD and appointing authority must review the request and respond in accordance with DOC Policy 103.310, “Reasonable Accommodation.”

 

F.         Movement to a Classification Requiring a Pre-Placement Medical Examination and Evaluation

1.         DOC employees moving to a different job classification that requires a pre-placement medical examination and evaluation must complete the examination components required of the new classification even if they underwent the same examination components for their current classifications.  Exclusions to this procedure include movement between corrections officer job classifications (corrections officer 1, 2, and 3; corrections canine officer; corrections lieutenant; and corrections captain); junior/senior plan promotions; reallocation to a different job classification; promotion, demotion, or transfer within the same job classification series if the PDA is the same; and returns to a former position during the trial period allowable under collective bargaining agreements.  Drug testing is excluded, unless the job requires a CDL, which requires both drug and alcohol testing.  Current employees may not use work time to attend the pre-placement physical examination appointment.

 

2.         DOC employee moving to a different work location within DOC in the same job classification are not required to undergo any additional medical examination or evaluation.

 

3.         State of Minnesota employees transferring to the DOC are treated as new employees under this policy.

 

4.         Former DOC employees who are re-hired are treated as new employees under this policy.

 

G.        Records

            HR and the chief law enforcement officer must retain documentation in accordance with state and federal data laws.

 

INTERNAL CONTROLS:

A.        Medical examination and evaluation results from finalists who are hired must be retained in the employee’s medical file.

 

B.        Medical examination and evaluation results from finalists who are not hired must be retained by HR per the retention schedule.

 

C.        Medical examination and evaluation results from finalists for the licensed peace officer job classification must be retained by HR and the chief law enforcement officer in accordance with state and federal data laws.

 

REVIEW:      Annually

 

REFERENCES:        ACA Standards 4-4062, 4-4063, 3-JTS-1C-16, 3-JTS-1C-17, 1-ABC-1C-06, 1-ABC-1C-09, 1-ABC-1C-13, 2-CO-1C-19, 2-CO-1C-20, 3-3059, 3-3060, 2-7037.

Policy 106.210, “Providing Access to and Protecting Government Data.”

Policy 103.215, “Alcohol & Other Drug Use.”

Policy 103.310, "Reasonable Accommodation."

Policy 105.180, "Tuberculosis Control for Applicants, Employees, Contractors, Volunteers, and Students."

Policy 103.240, "Return to Work Program."

Division Directive 301.155, "Emergency Response Team (ERT)/Special Operations Response Teams (SORT)/Communications Unit Leader (COML)."

Policy 105.170, "Bloodborne Pathogens."

Federal CDL Drug and Alcohol Testing Policy.

Minn. Stat. §§ 181.950-181.957 (Drug and Alcohol Testing in the Workplace)

Minn. Stat. § 181.953

Minn Stat. § 152.02

Minn. Stat. § 152.01

Policy 103.041, “Commercial Driver’s License”

Policy 105.115, “Respiratory Protection Program”

Minn. Stat., Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat., Ch. 363A (Minnesota Human Rights Act)

Title VII of the Civil Rights Act

Americans with Disabilities Act (ADA)

Genetic Information Nondiscrimination Act (GINA)

Health Insurance Portability and Accountability Act (HIPAA)

 

SUPERSESSION:     Policy 103.016, “Pre-Placement Physical Exam and Drug Testing,” 5/19/15.

All facility policies, memos, or other communications whether verbal, written, or transmitted by electronic means regarding this topic.

 

ATTACHMENTS:    General Drug Screen Test Consent Form (103.016A)

 

 

/s/

Deputy Commissioner, Facility Services

 

 

Deputy Commissioner, Community Services