Frequently Asked Questions

It is the responsibility of the applicant to ask the company representative for an accommodation during the interview process. If such a request is made, the company is obligated to contact the WorkSTEPS representative and discuss the feasibility of accommodation for testing based on the "reasonable" accommodation they would be willing to make at work.

2. If an applicant requests an accommodation immediately prior to or during the test at the test site, how is that handled?

It is not the obligation of the WorkSTEPS representative to make a decision about an accommodation. The applicant should be tested the same as all other applicants and if they fail the job specific portion, a withdrawal of the offer of employment is indicated. The applicant may then go back to the employer and ask for an accommodation. The employer may take up to two weeks to make a decision regarding whether or not an accommodation would be reasonable for the job in question.

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TThe ADA, which now applies to employers of 15 or more employees, prohibits employers from asking job applicants about disabilities or requiring them to take a physical examination. After an applicant has been offered a job, the employer may ask medical questions or require a physical if it does so for all employees in the same classification (e.g., all drivers take physicals).

2. What effect does ADA have on our company and testing employees?

Under the provisions of the ADA, the EEOC Technical Assistance manual states that: "To be protected by the ADA, a person must not only be an individual with a disability, but must be qualified. An employer is not required to hire or retain an individual who is not qualified to perform a job." Thus, ADA allows employers to discriminate against employees who are at risk or place others at risk because they are physically or mentally not capable of performing essential job functions safely without a reasonable accommodation. As long as the tests are performed on all individuals in a certain job classification, are consistent with business necessity, test essential job functions, and the results are based upon on the job specific portion of the test, they will be ADA compliant.

3. How does WorkSTEPS qualify the job analysis?

There are minimum requirements for court approval of job analysis. A 1982 study of court decisions that utilize job analysis as evidence yielded the following requirements, to win acceptance by the courts:

A) The job must be objectively observed and measurement taken with a clear purpose

B) The job analysis must be in writing and must apply to the actual job at issue in the case.

C) The information about the job must be obtained from several different sources.
D) The job analysis should specify minimum completion requirements including knowledge, skills, abilities, as well as other mental and physical factors.

The job analyst can collect information from:

Personal experience working for a similar company.

Direct observation of people currently doing the job.

Individual or group interviews.

Questionnaires or check lists.

Records such as OSHA 200 forms, physical measurements including video tape, weights, distances, etc., or any other method appropriate to the circumstances, including having the job analyst perform some of the functions him/herself.

4. Can the WorkSTEPS test be utilized to deny a person employment because of a health problem?

One does not want to deny a person employment because of a health problem, but if there is a concern that the job activities may further aggravate the problem and cause the individual suffering and the company unnecessary financial outlay, a decision must be made. If, in the language of ADA, the employee poses a direct threat to the health or safety of himself or others, the employer is justified in not hiring that person or dismissing the individual, whether or not the problem is caused by some disability. But the courts require the threat to be real and immediate, not merely potential or theoretical, and the employer will always have to address the issue of reasonable accommodation, proving that no accommodation to the person's disability is possible.

5. Is the ability to work safely essential to the job?

One of the duties of any job is to work safely, according to the Michigan Court of Appeals in a case brought under the Michigan Handicappers' Civil Rights Act (Szymczak v. American Seating Co., 3 A.D. Cas. (BNA) 381 1994). Employees owe a general duty to their employers to act with due regard for the safety of themselves and others while at work. Therefore, a handicap that prevents someone from doing a job with due regard for the safety of himself and others is a handicap that is related to the ability to perform that job.

6. Is respect for authority an essential function of the job?

Refraining from violence and respecting authority are essential functions of any job. (Mazzarella v. U.S. Postal Service, 3 A.D. Cas. 232, D. Mass. 1994).

7. Can the employer withdraw an offer of employment if an employee is belligerent, obnoxious, or angry during testing?

Absolutely, since the employee is attending the facility as a representative of the company, they would be expected to conduct themselves in a manner conducive to company policy/expectations. Any insubordination or misconduct would be reported directly to the company via the job specific computer generated report. The final decision regarding continued employment rests with the employer.

8. If I test all people in one job classification and choose not to test a group in another job classification, is that discriminatory?

No. Example: It is perfectly acceptable to test all mechanics in a facility and not any of the secretaries or vice versa.

9. What is the definition of essential functions?

The definition of essential functions is the fundamental job duties of the employment position. The marginal or peripheral functions of the position that are incidental to the performance of the job are not considered essential functions.

A particular function may be essential because:

The position exists to perform that function.

There are only a limited number of employees available to perform the function or, the function is so specialized that the position can only be filled with an individual who can perform that function.

In determining whether a function is essential, the following evidence will be considered:

A) Employer's judgment

B) Existing written job descriptions

C) Percentage of time in position spent performing the function

D) Consequences if the function is not performed

E) Experience of previous employees in the position

F) Experience of current employees in the position

G) The terms of a collective bargaining agreement

10. How is reasonable accommodation defined?

Reasonable accommodation is defined as any modification to recognized essential functions or the associated application for the job in question within a fairly defined cost range based on company size. This would include:

A) Making existing facilities readily accessible to and usable by disabled individuals

B) Job restructuring

C) Part-time or modified work schedules

D) Reassignment to a vacant position

E) Acquisition or modification of equipment or devices

F) Appropriate adjustment or modification of examinations, training materials or policies

G) The provision of qualified readers or interpreters

11. What is the definition of direct threat?

Direct threat is defined as a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation. It should be based on a reasonable medical judgment that considers the most current medical knowledge and/or the best available objective evidence. Factors to be considered include:

A) The duration of the risk

B) The nature and severity of the potential harm

C) The likelihood that the potential harm will occur

D) The imminence of the potential harm

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The ongoing database currently has over 400,000 and is being added to daily (as of June, 2005).

2. What makes WorkSTEPS different from other testing programs?

WorkSTEPS' comprehensive database including 30 physical and medical measurements, which is to our knowledge the largest ongoing database of this type in the United States. The proven success of this program without causing injuries benefits everyone from a liability standpoint. Another component unique to WorkSTEPS is that it is a turn key program with all the training and supplemental materials that walk the WorkSTEPS representative not only through the testing process, but if they desire, the entire industrial rehabilitation process.

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1. What if a person in sales takes the test and he/she has no lifting or aerobic requirement as an essential function of the job?

The position is first "altered" to a light position and no essential job functions are evaluated. As long as they are cooperative they cannot fail the test and the data is only used as a medical baseline if and when an injury occurs. The applicant will still be given safe lifting limits based on their maximum dynamic lift efforts.

2. Can WorkSTEPS help in supplying job descriptions for our company?

Yes. If WorkSTEPS has similar companies with similar positions such as county or city employees, these job descriptions can be readily available once a list of positions is received at the corporate office. However, there will be a charge to the company (not the WorkSTEPS representative) for the time involved to produce such descriptions on a per job basis.

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1. What are the requirements of my clinic if I were to use WorkSTEPS program regarding my staffing?

Typically one licensed clinician and 1-2 well trained technicians can perform 4-6 tests every two hours.

2. Must the facility be set up with "Work Hardening" equipment to do WorkSTEPS tests?

No. The facility must have a small area approximately 1000 square feet dedicated to job specific simulation based on the needs of the companies they test.

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1. Is it necessary to have job descriptions prior to testing?

No. It is necessary for the WorkSTEPS representative to have personal knowledge of the job in question or have performed a job analysis prior to testing in order to create accurate essential job specific tests. Even so, job descriptions are not mandatory.

2. If a company has job descriptions, must they be accurate?

Absolutely. ADA law relegates that it is better to not have job descriptions than to have job descriptions that are vague and don't describe the essential functions of the job.

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Each site preforms a job analysis and then fills out the WorkSTEPS "Protocol for job specific tests". These tests should accurately simulate the most difficult one time lift, repetitious lifts, and aerobic requirements of the position in question. This information is then faxed to the corporate office along with the video analysis for approval. If a particular type of company has already had protocols established, those will be sent to the WorkSTEPS representative.

2. Is there a need for cardiovascular job specific testing for any companies?

Yes. Any position that has an aerobic requirement should be tested as such by the facility. This type of work usually entails repetitious or timed material handling activities such as beverage distribution.

3. Can job specific tasks be altered for a company secondary to a change in injury patterns?

Of course. Ultimately our goal is to stop all injuries. If it is ascertained that injuries are occurring during a particular job task that is not a part of the job specific test, the test should definitely be changed to simulate that activity.

4. What should be done when a post offer arrives and there is no job specific protocol?

The WorkSTEPS representative should look at the video and job analysis and simulate the most difficult tasks. The company should be contacted and a job description should be faxed with conversation about history of injuries and essential functions. If the job is sedentary or light, a job specific test may not be necessary if there are not any taxing physical demands. In this scenario, the baseline data and risk factors are the significant values of testing.

5. Why do Job Specific tasks have to be done?

Job specific tasks must be done when relevant physical demands are placed upon employees to prove they can safely perform the essential job functions. These tasks should be simulated as closely as possible to the essential functions of the job. There is a protocol flow sheet for job specific tests that should be filled out on each position and faxed or sent to the WorkSTEPS corporate office.

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1. Can I test one new hire for a specific position without testing everyone applying for that position?

No. If you test one new hire in a certain job, there must be a method in place to test the other employees in that same job in a "reasonable" time frame.

2. Can I test an existing employee without testing everyone in that job position?

If you have significant evidence that an existing employee is having difficulty performing the essential job functions, they can be tested at any time without having to test the other employees who work in that position.

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1. What marketing materials does WorkSTEPS have available?

WorkSTEPS has a variety of materials such as marketing letters, newspaper ads, newspaper news releases, radio spots, brochures and etc., that are accessible to each provider site.

2. Can the clinician use their judgement to avoid certain parts of the test because an employee has a pre-existing condition or is elderly?

Yes. The clinician may avoid parts of the medical data collection if they feel it places the individual at risk. (Example: Back test for elderly person)

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1. What process is taken after an employee injury?

WorkSTEPS procedure for an injured worker is a detailed protocol in the training manual. This protocol is given to each employer so that it can easily be referenced should an injury occur.

2. What is WorkSTEPS' policy regarding releasing test results directly to an employee even after they no longer work for the company?

WorkSTEPS' policy is that the test is paid for and is the property of the employer who asked for the test. As a result, the employer must sign a release in order for the employee to get their results. WorkSTEPS sees no legal ramifications from giving out this information and recommends that the company allow the previous applicant/employee to have the job specific test summary.

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1. Are references of providers available?

We have an updated provider list on file that can easily be faxed or mailed to your facility upon request.

2. Are references of current companies utilizing WorkSTEPS testing available?

We have an updated company list on file as well as reference contacts that are readily available from the corporate office.

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The employees to be tested should be scheduled within 24 hours and no later than 48 hours, unless large numbers of employees are going to be tested. These should then be scheduled as quickly as is reasonably possible. If the 48 hour limit is to be exceeded, the WorkSTEPS corporate office should be contacted.

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 1. What kind of training program does my staff participate in?

A three day certification program that covers history, protocols, testing, marketing, and general information regarding employment testing and supplemental materials. Continuing education units are available for therapists and other skilled persons.

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Absolutely not. If the employee fails only one part of the job specific testing, he may legally have the offer of employment withdrawn at the discretion of the employer.

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A) Basic test - none
B) Carpal tunnel test - 20 minutes
C) Comprehensive test - 15 minutes

2. What are the primary WorkSTEPS test components?

A) Physical Characteristics
B) Musculoskeletal Evaluation
C) Static Testing
D) Dynamic Testing
E) Specialty Testing (Isokinetic, Carpal Tunnel, etc.)
F) Job Specific Testing

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