What about the Americans with Disabilities Act?
Isn't it illegal to discriminate against persons with disabilities?
The ADA defines a individual with a disability as a person who has a medical
condition so severe as to limit the person's ability in "caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working" (ADA - 1630.1.) The disability must be so severe, that it has a substantial impact on the ability of the disabled person to perform the necessary activities of daily living (bushing teeth, combing hair, etc.) Mere weakness is not a disability.
If a
job can be shown to require a specific level of strength, the employer has
a right to test persons for that level of strength and hire the most qualified
individual for the job. The poorly qualified, the unprepared, and persons
with low levels of ability, have no basis to challenge the employer's employment
decision.
If an employer tested ten persons for a job and selected the
highest scorer, the ADA does not require the employer hire the worst performer
on the test because that person also had a significant medical or mental
condition that limited a major life activity.
Is it true that the ADA specifically permits employers
to set production standards?
Yes. Employers are permitted to set qualitative and quantitative production
standards for their workers. The language of the ADA gives considerable
leeway to employers in this regard and accordingly state:
...it is not the intent of this part to second guess an employer's
business judgment with regard to production standards. Consequently,
production standards will generally not be subject to a challenge under this
provision (ADA - 16.30.10).
This is significant for physical testing since an employer can determine
that it is an essential function of the job for workers to be able to move,
say, 50 lb. boxes at a rate of 20 boxes per minute. The disabled
applicant, capable of moving two boxes per minute, has no grounds to challenge
the employer's carefully constructed performance standard or the test used
to determine the individual's ability to move 50 lb. boxes at the
established rate.
What do physical ability tests look
like?
There are two basic types of physical ability tests. The work sample
and the ability test. Work samples mimic a portion of the job.
Ability tests measure human capabilities necessary to perform the job.
Each test type has certain advantages and both have certain disadvantages.
Selection of the test type depends on the situation in which it will be
used. For an example of a simulation test, click here. To see
an example of a isometric strength test, click here.
What about Functional Capacity Evaluations?
Functional Capacity Evaluations (FCEs) are often confused with valid and reliable employment selection tests. These expensive tests are used to assess the progress of injured workers during rehabilitation. According to independent analysis, the vast majority of these tests have never been validated or subjected to reliability studies. Click here for a 1998 review of 28
commercial FCE systems. Click here and here for two 2004 peer-reviewed journal articles describing the lack of validity and reliability of commerical Functional Capacity Evaluations. Unless the FCE has been tailored to the individual job according to the requirements of the Uniform Guidelines on Employee Selection Procedures, the use of these tests in the selection process places employers in legal
jeopardy. For a more detailed discussion of these issues, click here.
How do I know if your test is valid?
A validation study will be performed. The study will establish an empirical
relationship between the lifts workers perform on the job and isometric strength
tests. The validation study will demonstrate that high performance
on the test is related to safe performance on the job.
Who can validate the strength
test?
There are many professions with members capable of validating a strength
test. Industrial psychologists, human factors experts, personnel testing specialists, and educational
psychologists are among the those groups most closely associated with test
validation. The most important qualifications are education, training
and experience with test validation, an understanding of the Uniform Guidelines
on Employee Testing Procedures and the standards promulgated by the Society
for Industrial and Organizational Psychology.
How much does this cost?
This depends on factors such as the number of facilities, number of
workers, types of jobs included in the study, the scope of the study, travel,
etc. A typical strength test validation study can cost between $15,000
and $100,000 depending on the aforementioned factors. Given that an
average back injury can cost $18,000, the cost of test validation is
negligible.
How much does the testing equipment
cost?
Many occupational medicine facilities have this equipment already
or existing equipment can be utilized. If a given location does not
have easy access to equipment it is relatively inexpensive isometric tests
can be obtained for less than $4,500. Clinics usually charge between
$35 and $55 to administer the examination using the equipment. Some
larger employers have purchased their own equipment and use it to test their
own job applicants as part of the testing program.
Is there a way to measure the success of a strength
testing program?
If strength testing were implemented in one facility, the injury rate
of the screened group could be compared to that of an unscreened group over
time. An appropriate study design could be developed
based on the unique factors associated with your organization.
Why isn't anyone else doing
this?
Many employers are instituting strength testing programs for new hires.
At the present time the oil industry, the grocery warehouse industry,
and many major utilities use strength testing for physically demanding entry
level jobs. Thousands of other employers perform strength testing on
new hires as part of the preplacement medical examination.
What ongoing service charges are
there?
None. Once MED-TOX has conducted a validation study and trained
your personnel or the organization you choose to provide ongoing testing,
there are no ongoing charges.
What benefits can be expected from instituting
strength testing?
Stronger workers are less likely to suffer overexertion injuries than
weak workers. Stronger and more fit employees experience fewer serious
injuries than less strong and less fit workers. Stronger workers are
more productive than weaker workers. One study showed stronger workers
out producing weak workers by a factor of 8 on physically demanding tasks.
That is -- the strongest worker performed the same amount of work as 8 weak
workers. Stronger and more fit workers are less likely to leave the
organization with disabling back injuries, thus, reducing turnover.
As workers stay on the job longer, recruitment and training costs decrease
and the level of expertise of the work force rises.
If my competitor uses strength testing, who will
hire the persons he fails?
The physically unqualified will be hired by those employers with
lowest entry-level qualifications and by those who do not effectively test new hires for physically demanding jobs.