When is it okay to require employees to undertake a medical examination?
Generally speaking, an employer is entitled to direct an employee to undertake an assessment to determine if the employee is safely able to fulfil the inherent requirements of their role. Practically this most often arises following a significant illness or injury and where there are concerns about the person’s capacity to do their role.
As with most things legal, whether or not an employer can require an employee to undertake a medical assessment will depend on the circumstances of the situation.
There is not, however, a general and broad reaching entitlement that allows employers to require employees to participate in medical assessments for any reason. The purpose of the assessment must be clear and bear an obvious relationship to the employee’s ability to do their job.
The inherent requirements or core tasks in a role are a critical consideration and when relied upon legitimately can provide a lawful basis upon which to seek medical information.
Before seeking a medical assessment it is important to
- clearly identify the inherent requirements of the role as well as the conditions the employee operates under in the workplace. The assessment should focus on the employee’s ability to meet those requirements and aim to identify any adjustments that might be required in the workplace.
- advise the employee that the assessment will not divulge any confidential medical information to the employer but rather focusses on fitness for the duties of the position.
Specialised providers conduct these occupational based medical assessments. These types of medical assessments may also be a valuable tool in order to ensure that you are not exposing your business or staff to an unsafe situation and if you need to understand what restrictions there may be based on the person’s medical condition.
Subscribers to Your HRdocs can download a Template Letter advising employees of the requirement to attend a medical assessment. Should you have any questions about directing staff to have an assessment or require assistance in locating a provider, please contact us.