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An offshore drilling contractor is concerned about possible injuries and deaths should an offshore employee have a heart attack or stroke while operating heavy machinery. It is considering a policy that would require all offshore workers to undergo mandatory periodic medical examinations that would include hearing, heart and blood pressure screening. Would such a policy violate the Americans with Disabilities Act? If so, are there other options? |
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Answer: |
Although the Americans with Disabilities Act permits periodic medical exams of employees in positions affecting public safety, offshore operations do not fall within existing EEOC policy regarding public safety and mandatory medical exams for such employees would be unlawful. The contractor may address its concerns in other ways, however. Here are some individualized options:
- Workers with a known medical condition. If the contractor knows or has a reasonable belief that a particular offshore worker has a medical condition that could affect his or her ability to perform job functions or may pose a direct threat, it could require that employee to have a medical examination before allowing him or her to work offshore.
- Conditional job offers. After making a conditional job offer to a worker, the contractor could require that worker to answer a medical history questionnaire and undergo a medical examination. If the contractor learns that an entering employee had a history of heart problems, it could ask follow-up questions of that person or request additional documentation to assess his or her present ability to safely perform the duties of the job. If the person could not safety perform with job with or without a reasonable accommodation, the job offer could be withdrawn.
- Voluntary exams. The contractor could offer its workers voluntary medical examinations to detect potential medical conditions that could affect their ability to safely work offshore. However, in order to be considered "voluntary," the examination could not be required, and employees could not be penalized for refusing to take it.
Source: EEOC Informal Opinion Letter, September 10, 2004. |
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