Minnesota Department of Corrections

 

Policy:                         103.016                                   Title: Pre Placement Medical Exam and Evaluation

Issue Date:                 5/5/15

Effective Date:           5/19/15

 

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.

 

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 (M.S. 13), the Minnesota Human Rights Act (M.S. 364A), 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 employer may ask whether and how the finalist is able to perform specific job functions.  The employer 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:

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 and/or alcohol 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, alcohol, or other metabolites in the test sample.

 

Corrections Employee Retirement Plan (CERP) - the retirement plan available to employees who work directly with offenders in correctional facilities (see DOC Policy 103.245, "Correctional Employee Retirement Plan (CERP) Administration and Process for Evaluating and Recommending Potential Positions for Coverage").

 

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 and/or alcohol 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, alcohol, or their metabolites in the test sample

 

Finalist – the top applicant(s) for the job who may be required to meet one or more of the physical exam components.  All physical exam components are bona fide occupational qualifications. 

 

Initial drug and/or alcohol 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, alcohol or their metabolites.

 

Medical review officer (MRO) – 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 applicant is applying.  The MRO 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 and/or alcohol test result - a finding of the presence of drugs, alcohol, 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.        Completion of medical examination(s) and evaluation(s):

1.         The finalist receives a conditional job offer from the hiring supervisor/designee who notifies the finalist of the pre-placement physical exam component(s).  If the conditional job offer is accepted, the hiring supervisor/designee must notify the human resources (HR) staffing unit to coordinate the required pre-placement physical exam component(s).  If a medical exam is required, the HR staffing unit transactions aide instructs the finalist to contact the occupational health clinic (Clinic) to schedule an appointment to complete the required medical exam component(s). 

 

2.         The HR transactions aide sends the authorization form to the clinic indicating which medical exam component(s) the finalist must complete.

a)         Physical exam:  Physical exam components are determined based upon Procedure B. of this policy, except for licensed peace officers whose physical exam components are based on Procedure D. of this policy.

 

b)         Five (5) panel non-DOT drug test:  Drug testing is conducted based upon Procedure C of this policy.  If the job requires a commercial driver’s license (CDL), finalist must undergo a CDL drug screen.  See DOC Policy 103.041, “Commercial Driver’s License.”

 

c)         Tuberculosis/Mantoux testing:  See DOC Policy 105.180, “Tuberculosis Control for Applicant, Employees, Contractor, Volunteer, and Student.”

 

d)         Respirator medical examination:  Finalists for jobs within classifications listed in DOC Policy 105.115,Respiratory Protection Program,” must undergo a respirator medical evaluation. 

 

e)         Psychological evaluation:  Conducted on licensed peace officers by a contracted psychological practice based upon Procedure D of this policy.

 

3.         The Clinic evaluates the finalist by completing all required exam components.  The Clinic may request further medical information from the finalist’s physician.  The Clinic must forward all required documentation to the designated MRO.  Exam components must be reported as follows:

a)         Physical exam:  DOC Physical Exam Results Components form and completed Health History Questionnaire.

 

b)         Five (5) panel non-DOT drug test:  DOC Physical Exam Form and accompanying drug exam results report.  CDL drug and alcohol testing must be reported on CDL forms.

 

c)         Tuberculosis/Mantoux screening:  DOC Physical Exam Form and/or accompanying Mantoux test result form.

 

d)         Respirator medical examination:  DOC Physical Exam form and accompanying respirator questionnaire.

 

e)         Psychological evaluation:  Contracted psychological practice must provide a summary report. 

 

4.         If finalist does not appear for their appointment or other issues arise which prevent the timely completion of all exam components, the clinic must contact the HR transactions aide for resolution.

 

5.         The designated MRO must analyze the exam results and notify HR in writing that either:

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

 

b)         After consultation with both the clinic and the DOC medical director; the finalist is not medically recommended for the job. If the finalist is not medically recommended, in order to fulfill the requirements of the ADA, when a finalist requests a reasonable accommodation based on the results of the pre-placement exam, the HR regional director and appointing authority must review the request and respond in accordance with DOC Policy 103.310, “Reasonable Accommodation.”  The designated MRO must document the decision in which the denial was made including documenting the date; individuals consulted; and if an ADA accommodation is not possible, an explanation of why the finalist is unable to perform the essential functions of the job with or without an accommodation.

 

6.         HR staffing unit must notify the hiring supervisor whether the finalist is medically recommended or not. 

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

 

b)         If the finalist is not medically recommended for the job, the HR staffing representative must notify the finalist of the determination and rescind the contingent job offer.  If the finalist wishes to appeal the decision, the HR staffing representative must provide the finalist with contact information for the DOC medical director. Medical examination and evaluation results from finalists who are not hired must be maintained per the retention schedule.

 

B.        Determination of the need for physical exam:

1.         All job classifications must have a PDA.  Job classifications requiring a physical exam must have a department-wide PDA, which reflects the job classification at all work locations.  The labor relations coordinator must use the location-specific PDAs to create or update a department- wide PDA.  The labor relations coordinator must ensure the department-wide PDAs are reviewed, as needed.  PDAs must be updated as necessary and must make PDAs available on iShare.

 

2.         Management has determined the job classifications that require a pre-placement physical exam based upon the department-wide PDAs and an analysis of the department’s practice provided by the labor relations coordinator:

·                     Corrections officers

·                     Trades/maintenance:  Job classes assigned to Bargaining Units 202, 203, 207

·                     Corrections manufacturing specialist:  (all options)

·                     Sentence to Service

·                     Nurses:  Registered nurse advanced practice, registered nurse, registered nurse senior, and licensed practical nurse 2

·                     Special teachers:  All career technical and all correctional teaching assistants

·                     Fugitive specialists

·                     All job classes not listed above that are covered by the CERP.

 

3.         The labor relations coordinator, in consultation with the DOC medical director and/or designated MRO, must provide management with the department-wide PDA and analysis of best practices to establish or add job classifications requiring a physical exam.  When management determines a job classification requires a physical exam, the labor relations coordinator must work with medical professionals to establish or update physical exam criteria. 

a)         The labor relations coordinator must provide new or updated PDAs to the designated MRO and the DOC medical director.

 

b)         The MRO, DOC medical director, and labor relations coordinator must discuss the PDAs and resulting exam expectations with the Clinics. 

 

c)         Exam results from the Clinic must be in accordance with existing contract agreements.

 

d)         If a supervisor/manager wishes to request a physical exam be required for a new or additional job classification, they must notify the safety administrator and regional HR staff who must review and consult with the labor relations coordinator. 

 

e)         If management determines a physical exam is no longer required for a job classification, the job classification must be removed.

 

C.        Drug testing

Management must determine the job classifications that require a pre-placement drug test to ensure finalists for DOC jobs are not using drugs illegally.  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.

1.         Drug tests are required for any position in CERP and for all positions which require a pre-employment physical exam; and to whom a job offer has been made as allowed by state policy and the MN Drug and Alcohol Testing in the Workplace Act (Minn. Stat. §§ 181.950-957). 

 

2.         Finalists who are current state employees are not drug tested unless the job requires drug testing as part of licensure or as required by statute.

 

3,         All finalists subject to a drug test must be provided a copy of this policy – paper or electronic link.

 

4.         Drug tests must be administered by the Clinic, which is required to adhere to all Minnesota statutes regarding employment drug testing.

 

5.         The Clinic must provide finalists with information regarding their rights in the drug testing process.  Finalists requested to undergo pre-placement drug testing have all rights specified in Minn. Stat. § 181.953, subd. 6.

 

6.         If finalists refuse to undergo the pre-placement drug testing, the job offer must be withdrawn.

 

7.         The Clinic notifies the MRO of the drug test results.  The MRO notifies HR transactions staff 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. 

 

8.         HR transactions staff notify the finalist of the results of the drug test:

a)         If the results are negative, HR transactions staff notifies the finalist and the supervisor that this qualification for the job has been met.

 

b)         If the results are negative but dilute, HR transactions staff instructs the finalist to take a second drug test and be given the minimum possible advance notice before providing a second specimen.  The second specimen collection must be observed by 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. 

 

c)         If the results are positive or positive dilute, HR staffing notifies the supervisor and the finalist in writing that the job offer is rescinded because the finalist does not meet all of the qualifications for the job, citing this policy and the finalist's rights.  A finalist with a positive or positive dilute drug test may elect to have a confirmatory retest of the original sample at his/her own expense.  If the confirmatory test results are the same as the original results, the finalist has not met the drug test qualification for the job.

 

d)         Positive results on a confirmatory test or results of any test that the Clinic reasonably believes to have been tampered with by the finalist must result in the job offer being rescinded.

 

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

 

D.        Licensed peace officers

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

a)         Physical exam - A licensed physician or surgeon makes a thorough medical examination of the finalist to determine that the finalist is free from any physical condition which 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.  All physical exams are performed at one designated Clinic, regardless of DOC work location, in accordance with the exam components agreed upon by the DOC and the designated Clinic.

 

b)         Psychological exam - An evaluation, including an oral interview, must be made by a licensed psychologist to determine that the finalist is free from any emotional or mental condition which might adversely affect the performance of peace officer duties.  All psychological exams are performed at a designated Clinic contracted on an as needed basis. 

 

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

 

E.         Reasonable accommodation / Americans with Disabilities Act (ADA): In order to fulfill the requirements of the ADA, when a finalist requests a reasonable accommodation based on the results of the pre-placement exam, the HR regional director and appointing authority reviews the request and responds in accordance with DOC Policy 103.310, “Reasonable Accommodation.”

 

INTERNAL CONTROLS: 

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

 

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

 

C.        Medical examination and evaluation results from finalists for the licensed peace officer job classification must be maintained by HR and the chief law enforcement officer in accordance with the 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 Data Practices

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 103.245, "Correctional Employment Retirement Plan (CERP) Administration and Process for Evaluating and Recommending Potential Positions for Coverage."

Policy 103.240, "Return to Work Program."

Division Directive 301.145, "Special Operations Response Teams (SORT)."

Policy 105.170, "Bloodborne Pathogen Exposure Control Plan."

Federal CDL Drug and Alcohol Testing Policy.

Minn. Stat. § 181.953,  

Minn. Stat. § 363.03, subd. 2

Minn Stat. § 152.02

Policy 103.041, “Commercial Driver’s License”

Policy 105.115, “Respiratory Protection Program”

SUPERSESSION:    Policy 103.016, “Pre-Placement Physical Exam and Drug Testing,” 10/3/06.

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