Author Topic: MEDICAL TESTING  (Read 1058 times)

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« on: July 23, 2015, 04:48:24 PM »
An employer may not perform medical testing, as defined by the Act, on an employee or job applicant without his/her permission unless, legislation permits or requires the testing, or such testing is justifiable in light of:

    medical facts;
    employment conditions;
    social policy;
    the fair distribution of employment benefits; or
    the inherent requirements of a job.
What is typically referred to here is medical testing with regard to requirements of the job such as drivers who must have good eyesight, or serious infectious diseases such as Tuberculosis.

Employers falling under the Occupational Health and Safety Act or the Mine health and Safety Act, will require testing to comply with its obligations under these legislation, which will be permissible.

Testing with regard to the distribution of employment benefits for pension or medical fund purposes would also qualify in certain circumstances. Sub-section (b) of Section 7 allows for various factors, if applied in an objective and fair manner, to allow employers to test employees for certain illnesses. Medical testing or questions should not be conducted randomly without any inherent requirement of the job in question being kept in mind.

Pre-benefit medical assessments are acceptable before the employee becomes a member. This is to determine suitability for membership, not to assess the capability to perform the job.

”Medical testing” is defined by the EEA to include any test, question, enquiry or other means designed to ascertain or which has the effect of enabling the employer to ascertain whether the employee has any medical condition. It should be noted that this not only includes a medical test, but also any questionnaire or written or verbal enquiry into the medical condition of an employee.

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