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The use of medical examinations for employment purposes.
J Law Med. 2003 Aug; 11(1):93-102.JL

Abstract

This article examines a number of legal issues which arise where medical examinations or tests are used in the employment context, either to test the suitability of a prospective employee in pre-employment situations or to ascertain the fitness of existing employees. Employer justifications for seeking medical information usually relate to attempts to comply with health and safety legislation and to reduce workers compensation costs. This article discusses the legal obligations involved in pre-employment medical testing and, in particular, employee obligations to provide correct information in relation to their health to a prospective employer. It also notes the consequences for employees of providing false information in relation to workers compensation claims and dismissal cases. The article notes the growing trend of requiring drug and alcohol testing for existing employees, particularly in the mining industry. The article concludes by noting that employers need to take care in seeking medical information, and that it should not simply be done as a mechanical, matter-of-course exercise. Failure to observe anti-discrimination laws may result in the employer facing allegations of misuse of medical information and claims for damages for discrimination.

Authors+Show Affiliations

School of Business Law, Curtin University of Technology, Kent St, Bentley, WA 6102, Australia. guthrier@cbs.curtin.edu.au

Pub Type(s)

Journal Article
Legal Case
Review

Language

eng

PubMed ID

14526729

Citation

Guthrie, Robert. "The Use of Medical Examinations for Employment Purposes." Journal of Law and Medicine, vol. 11, no. 1, 2003, pp. 93-102.
Guthrie R. The use of medical examinations for employment purposes. J Law Med. 2003;11(1):93-102.
Guthrie, R. (2003). The use of medical examinations for employment purposes. Journal of Law and Medicine, 11(1), 93-102.
Guthrie R. The Use of Medical Examinations for Employment Purposes. J Law Med. 2003;11(1):93-102. PubMed PMID: 14526729.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - The use of medical examinations for employment purposes. A1 - Guthrie,Robert, PY - 2003/10/7/pubmed PY - 2003/11/5/medline PY - 2003/10/7/entrez SP - 93 EP - 102 JF - Journal of law and medicine JO - J Law Med VL - 11 IS - 1 N2 - This article examines a number of legal issues which arise where medical examinations or tests are used in the employment context, either to test the suitability of a prospective employee in pre-employment situations or to ascertain the fitness of existing employees. Employer justifications for seeking medical information usually relate to attempts to comply with health and safety legislation and to reduce workers compensation costs. This article discusses the legal obligations involved in pre-employment medical testing and, in particular, employee obligations to provide correct information in relation to their health to a prospective employer. It also notes the consequences for employees of providing false information in relation to workers compensation claims and dismissal cases. The article notes the growing trend of requiring drug and alcohol testing for existing employees, particularly in the mining industry. The article concludes by noting that employers need to take care in seeking medical information, and that it should not simply be done as a mechanical, matter-of-course exercise. Failure to observe anti-discrimination laws may result in the employer facing allegations of misuse of medical information and claims for damages for discrimination. SN - 1320-159X UR - https://www.unboundmedicine.com/medline/citation/14526729/The_use_of_medical_examinations_for_employment_purposes_ L2 - https://medlineplus.gov/healthcheckup.html DB - PRIME DP - Unbound Medicine ER -
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