What can employers do to keep the workplace safe?

Safety matters.

It touches every person in a company, whether they’re upper level management or an hourly employee. If it’s ignored or missed by just one person, everyone can be impacted.

That’s part of the reason why background checks started. Workplace safety gained priority, and screening helped ensure it. Screening boosts safety with regular checks or drug screening, for example.

What else can employers do to ensure safety? According to one recent court case, employers can, in certain situations, require medical confirmation that employees can safely complete their job description.

Here’s how this case worked.

According to information filed with the U.S. Court of Appeals for the Sixth District, a Postal Worker in the case had a history of taking medical leaves. He returned from his latest leave of absence with a doctor’s note saying he was cleared to work.

But here’s the twist: his wife sent a separate note claiming the man was not well enough to work, telling his bosses he’d have a breakdown if he returned. When managers requested extra health confirmation from his doctor, the man refused. Eventually, the employee was fired. He later sued, citing discrimination.

What did the court decide? The court ruled in the employer’s favor. According to the court documents, employers can seek “voluntary medical examinations and make inquiries into the ability of an employee to perform job-related functions.” This isn’t the only case where courts have ruled that employers with concerns about workplace safety represent a “legitimate, non-discriminatory reason for requesting a medical exam,” say these court documents.

This case reinforces the importance of workplace safety. It doesn’t mean, though, that we shouldn’t stay compliant. Making both a top priority will make a difference in the long run.

A screening partner like ClearStar can help you be ready for any situation. Not sure where to start? Call us today. We’d love to put our compliance experts to work for you!

At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.