b'POST-OFFEREMPLOYMENT TESTINGA Proactive Alternative to Hiring Your Next WCB ClaimBy Marnie Courage T The applicable laws as it relates to human rights The practice of onboarding is increasing in momentum and ensures that new employees have the tools to be happy,and privacy issues flowing from POET may vary from safe and productive in their jobs. A standard job orientationjurisdiction to jurisdiction (province to province). Further, has moved beyond a simple tour of the building and cancommon law principles applicable to testing tend to now provide new employees with transparent exposuresbe in flux and so it is important to consider the specific to the demands of the work so they apply preventativesituation in the context of the applicable jurisdiction, and measures to mitigate risks. Progressive workplaces arethe corresponding common law. Generally speaking, now interested in investigating the physical, cognitivePOET should be conducted solely for the purpose and psychosocial demands of the work and the impactof determining whether the prospective employee that those demands have on their employees. By way ofis fit to perform the essential duties of the job, with assessing jobs and prospective employee capabilities,accommodation, where necessary, to the point ofworkplaces can take proactive measures to minimize theundue hardship. chance of injury, illness, disability and related WCB claims. Ryan Savage, Partner at Taylor McCaffrey LLPMusculoskeletal Injuries (MSIs) resulted in nearly 38 perPOET in Canada respects the three stages of cent of all injuries reported by the Workers Compensationemployment, including Pre-offer; Post-offer; and Board of Manitoba (WCB) in 2017. Whats more, whileEmployment. During the Pre-offer stage employers cannot MSIs make up less than half of all injuries, they contributeconduct tests that seek information about physical or to over half (61 per cent) of the injuries that resulted inmental impairments and are prohibited from asking any time lost from work 1 . According to the Canadian Centre forquestions about pre-existing injury or disability.Occupational Health and Safety, manual material handlingIn the Post-offer stage, a Post-offer Employment Test (MMH) is the most common cause of occupational fatiguecan be conducted after the employee has been extended and low back pain. About three of every four Canadiansa conditional job offer, but before they become employed whose job includes MMH suffer pain due to back injuryand placed in the position. This test can be used to at some time. Such back injuries account for about one- validate whether the employee is medically fit for the third of all lost work and even more than one-third of allposition and can include both physical and cognitive compensation costs. 2For every dollar paid to cover the diretesting. The employer is responsible for ensuring the testing cost of injury or illness, there is an estimated five dollars ofprotocol includes simulation of only essential duties of the hidden cost. Some have estimated this ratio is closer to onejob related to bona fide occupational requirements. The in 20 and much higher depending on the situation. 3WhenPOET evaluator conducts a thorough and comprehensive a worker can no longer perform their duties, there may beJob Demand Analysis (JDA), which can include loss in productivity, training costs to replace the workerobservation of work tasks, analysis of positional demands, and/or possible impact on customer service resulting incognitive requirements, lift and force measurements, and reduced business.psychosocial information gathering through interviews with Post-offer Employment Testing (POET) is one proactivesupervisors as well as employees. tool workplaces can use to prevent employee injuries.Post-offer test design may include participation POET is an employee health exam that is made as a pre- from employee representative(s), management, safety condition of employmentafteran offer is made but beforeprofessionals, human resources, a disability case manager the employee actually becomes employed and is placedand an expert POET evaluator. The team determines if in a position. POET and Physical Abilities Testing (PAT) areessential duties can be simulated in a clinic or on-site, not new to Canada or new to industries such as police,considering access to tools, equipment and products, fire and postal services. The benefits to employers, suchand considering impact of environmental conditions. as being able to take control of their WCB costs throughPerformance in a controlled environment (clinic) minimizes functional, individualized testing, as well as ensuring theiror eliminates the risk of injury, which would be significantly new hires are safe to do the assigned job tasks, is takinggreater on the work site. Standards for meet/does not POET to industries such as manufacturing, food processing,meet criteria should be set by the employer, not the construction and many others. Ideal jobs for POET are those which assume unacceptable lost-time injury history; have physically demanding job tasks; provide low wages; have1 SAFE Work Manitoba Lets Talk Musculoskeletal Injuries high temporary disability costs; have high permanent totalsafemanitoba.com/Campaigns/Pages/Lets-disability costs; and/or high turnover in the position.Talk-Musculoskeletal-Injuries.aspx2Canadian Centre for Occupational Health and Safety Fact SheetThe laws that apply to POET can help guide workplaces ccohs.ca/oshanswers/ergonomics/mmh/hlth_haz.htmlin their injury prevention efforts and can frame their3Injury Prevention Basics training manual publicationemployee health and inclusion practices: (Workers Compensation Board of Canada, 2013)18 HRmatters www.cphrmb.ca'