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You are here: Home / EEOC Discrimination Laws / Common Sense Considerations for Hiring Safer and More Productive Employees

Common Sense Considerations for Hiring Safer and More Productive Employees

November 17, 2010 By //  by Rebecca Shafer, J.D. Leave a Comment

One of the easiest ways for an employer to control the cost of workers compensation is to hire employees who are unlikely to have a job related injury. To identify and hire employees who take safety seriously takes some efforts but makes great economic sense. To find the best people to hire is easier if you have a hiring plan that includes identifying the requirements of the position you are trying to fill and the capabilities (both physical and mental) of the person you are considering for the position. By creating a standardized hiring plan and using it, you identify the best job applicant for your company. Risk Management starts with hiring the right employee.
1- Job Analysis
The hiring of the best applicant for the job is a lot more than reading a resume and having an interview. With all the self-help books and internet websites on how to write a great resume and shine in the interview, a job applicant may make a good impression but be a poor choice for your company. A job analysis will assist you in determining if the job applicant is a good fit for your company.

A job analysis breaks the specific position being filled down into its component parts. Each part of the job is separated into its essential features including skills, abilities, knowledge and attitudes needed to perform the job. By identifying the task and responsibilities of the position, the employer will be able to compare job applicants against the criteria of the job. Each job applicant can be tested (see Testing below) to measure their capabilities in each of the essential features of the job.

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A job analysis for a manual labor position could include the applicant’s ability to lift weights, carry weights and the strength to push or pull a weight. The frequency of performing these tasks – never, occasionally, frequently or constantly – is determined when the employer creates the job analysis. The applicant’s ability to do each can be measured and tested prior to making a job offer.
In addition to strength testing for the manual labor position, the applicant’s ability to bend, turn, twist, squat, crawl, climb, reach out, reach up, grasp and pinch can be tested. Again, the frequency of these activities should be established when the employer creates the job analysis. By establishing the applicant’s ability to perform the physical demands of the job before hiring the job applicant, the probability of an on-the-job injury is greatly reduced.
The job analysis for a clerical position could include the applicant’s ability to use a keyboard, operate word processing programs and perform other computer skills. The frequency of these activities and the speed in which they need to be accomplished should be established by the employer prior to the start of the hiring process.
2- Job Descriptions & Specifications
Each job position should have a written job description that specifies what the employee will be doing on an everyday basis. It should identify the task to be completed, the equipment or machinery that will be used, whether he/she will be working as a part of a group or have individual responsibilities and whether or not the employee will be supervising either processes or people.
The skills, abilities and knowledge needed for the job should be established. This includes any requirements for prior experience or specific education. For instance, the job description can include the requirement to operate a forklift safely, or the requirement to close a difficult sale successfully, or the requirement to have a law degree.

3- Testing

To compare the job applicants capabilities against the job description and specifications of the job, screening and testing is needed. The employer who has the expertise in testing job applicants can perform the necessary testing, but most employers elect to hire a vendor who specializes in performing pre-hire testing. The testing can include:
1. attitude and integrity assessment profiles
2. functional capabilities testing
3. pre-offer agility and strength testing
4. post offer comprehensive medical screen to identify pre-existing medical limitations and cumulative trauma

4- Screening and Background Checks

All pre-employment screening and background checks must comply with federal law and the state law where the employee is being hired. Pre-employment drug testing (as well as post-employment drug testing) should be a condition of any job offer. Thirty-eight to fifty percent of all workers’ compensation claims are related to substance abuse according to the Tennessee Department of Labor. The employers who actively manage their drug-free workplace program benefit from higher productivity, fewer work related accidents, lower absenteeism and lower medical cost (both from medical insurance claims and workers compensation claims). At least a dozen states require the workers compensation insurers to offer your company a premium discount if your company has a drug-free workplace program.
The job applicant should agree to a background check which includes checking the applicant’s background for hidden criminal records, drug arrest, prior employment history, prior academic achievements and credit history {a good reason to use an outside vendor is to let the vendor comply with the Fair Credit Reporting Act.} The pre-hire job screening and testing vendor should be a Designated Agent approved by the Department of Homeland Security so they can do the E-Verify Legal Right to Work check.

5- Psychological Testing

Psychological testing can be used to screen potential employees. There are three primary types of psychological testing. They are:
5. Personality testing that provides insights into the values, ethics and behavioral characteristics of the potential employee.
6. Aptitude testing that evaluates job candidates reasoning skills. The test measure verbal, numerical and abstract thinking.
7. Motivational testing that identifies the areas of interest and importance to the job candidate and identifies what motivates the person.

Personality testing and behavioral testing adds an element of objectivity to the pre-employment screening process. The pre-employment assessment testing will provide the employer with information on the aptitudes and behavioral traits of the potential employee. The pre-employment assessment can provide the employer with information on the ethics, values, honesty and integrity of the job applicant. Often the behaviors identified in the personality testing can be confirmed through reference checks and background screening.

FREE DOWNLOAD: “5-Step Sequence to Coordinate Return-to-Work
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6- Without Discrimination

Nothing will mess up your hiring plans more than a lawsuit brought by a job applicant who believes there was discrimination in the hiring process. Be fully up to speed on the requirements of the Americans with Disabilities Act (ADA), the Civil Rights Act, the Equal Pay Act and the Age Discrimination in Employment Act. Any job applicant can file a lawsuit with the Equal Employment Opportunity Commission (EEOC).
All hiring decisions should be based on the job applicant’s ability to do the job as measured in the testing you have done. If you let a job applicant’s disability, ethnic background, gender or age influence your hiring decision, and the job applicant proves it, the legal remedies include the lost wages, compensatory damages, legal fees, and in severe cases of discrimination, punitive damages.

Safe Hiring

By establishing the criteria of the job through the job analysis, including the physical requirements and the job specifications, the employer can eliminate most of the job applicants who do not have the physical capabilities to perform the job safely. This prevents many work comp claims from ever occurring. The pre-offer and post-offer job testing can identify job applicants who have medical limitations, while the workers compensation background check can verify the veracity of the job application in regards to prior workers compensation claims.

Author Rebecca Shafer, President of Amaxx Risks Solutions, Inc. is an attorney and national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: RShafer@ReduceYourWorkersComp.com.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

FREE DOWNLOAD: “5-Step Sequence to Coordinate Return-to-Work
with ADA Compliance”

Filed Under: EEOC Discrimination Laws Tagged With: Employee Screening, Hiring, Pre-employement Screening

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