The Legalities of Pre-Employment Health Screenings: What Employers Need to Know

Pre-employment health screenings and occupational health testing are key to workplace safety. However, legal aspects of occupational health testing may vary from state to state, and employers must know the latest hiring rules and follow existing employment laws.

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Diana Vaculová
Published on

Understanding Pre-Employment Health Screenings

The Purpose of Health Screenings

Pre-employment health screenings can help you assess a candidate’s ability to do the job and identify potential risks to the employee, coworkers, or customers. A simple pre-employment health screening now can help protect your company from liabilities.

Types of Permissible Screenings

Legal aspects of occupational health screenings may vary from location to location, so employers should keep up with their area’s latest occupational health information. Some of the most common pre-employment health screenings are:

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Employment physicals
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Vision and hearing
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Respiratory health
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Tuberculosis
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Antibody testing
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Biometric testing
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Diagnostic blood
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Vaccinations

Legal Aspects of Health Screenings

The hiring process should follow all legal aspects and respect employee rights.

Employers’ Legal Obligations and Rights

Employers can use pre-employment tests to help them decide whether a candidate is suitable for the job, as long as they follow specific guidelines provided by the Equal Employment Opportunity Commission, ensuring equal employment and preventing discrimination. All tests used must be job-specific, and all candidates should receive the same tests.

Potential Legal Consequences

Legal issues from pre-employment health screenings usually arise from non-compliance with the Americans with Disabilities Act. Candidates should receive equal opportunities, and race, gender, or disability should not influence hiring decisions.

Setting Up a Legally Compliant Health Screening Program

If you’re considering occupational health screenings, you must follow employment laws.

Considerations for Establishing a Program

Key considerations for setting up a health screening program are:

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Keeping screenings confidential and protecting employees’ health information
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Treating all candidates and employees fairly and equally

Health Street’s Role in Your Compliance Journey

Health Street occupational testing follows all necessary regulations in each state, helping you keep your company in compliance. Our services can reduce workplace accidents and injuries, making it safer and more productive.

The Importance of Proactive Workplace Health Management

Proactive workplace health management can improve employee well-being and benefit the organization.

Benefits of a Health-conscious Workplace

There are multiple benefits to the health-conscious workplace, some of which can include:

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Preventing injuries and supporting the well-being of employees
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Increasing workplace safety and productivity
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Stronger workplace morale
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Lowering absenteeism
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Avoiding potential liabilities due to negligence and reducing costs such as worker’s compensations premiums

Don’t gamble with your workplace safety and success. Register for Health Street occupational health testing today.

OCCUPATIONAL HEALTH

Frequently Asked Questions

Employers can use occupational testing to help choose candidates who are best fit for the job. However, screenings must follow current employment laws to prevent potential discrimination or unequal treatment.

Citations

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Health screening for employment: Definitions, types and examples – indeed. (n.d.-d). https://www.indeed.com/career-advice/starting-new-job/health-screening-employment
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This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission., & This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission. (n.d.-a). Employment tests and selection procedures. US EEOC. https://www.eeoc.gov/laws/guidance/employment-tests-and-selection-procedures
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Our sponsors:. EEOC Uniform Employee Selection Guidelines Questions and Answers. (n.d.). https://www.uniformguidelines.com/uniformguidelines.html
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Pre-employment inquiries and Medical Questions & Examinations. US EEOC. (n.d.-a). https://www.eeoc.gov/pre-employment-inquiries-and-medical-questions-examinations
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Health screening for employment: Definitions, types and examples – indeed. (n.d.-d). https://www.indeed.com/career-advice/starting-new-job/health-screening-employment
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Department of Labor Logo United Statesdepartment of Labor. Safety Management – A safe workplace is sound business | Occupational Safety and Health Administration. (n.d.-a). https://www.osha.gov/safety-management
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Occupational Health

Read Health Street's informative articles about occupational health testing.

FEATURED IN

Occupational Health

Read Health Street's informative articles about occupational health testing.