When is medical testing in the workplace allowed? Find out here
Medical testing includes any direct testing, questions or inquiries so as to find out a potential employee's medical condition.
But this isn't allowed under the Employment Equity Act as it can easily lead t unfair discrimination in the workplace. So it is extremely important that you don't overstep this boundary when it comes existing and prospective employees.
Having said that, there are exception to the general ban on medical testing. Here are four criteria in which you can perform medical testing, provided that you can justify each one or more than one:
1. Employment Conditions:
You can request a medical test if you feel that it will be in the best interest of other employees' health and safety. In other words, the clinical status of one employee might endanger the health and safety of others.
2. Social Policy:
This is if the test is for the benefit of general society and not just for your workplace. You need to justify that it's for the good of society.
3. For the distribution of employee benefits:
You have an obligation to protect your employee's personal information.
You have to protect your employees' data and personal information. This is according to the Protection of Personal Information Act (POPI).
If the employee's personal data is leaked and it lands in the wrong hands, you could face a fine of up to R10 million or a prison sentence.
But, you can avoid this…Here's how…
You may require medical testing in order to determine the most appropriate medical aid and pension schemes.
4. Inherent requirements for the job:
If you feel that the fitness of an employee is a must, then you will still to hold this on what could be seen as reasonable grounds.
So there you have it! There are four criteria in which you can perform medical testing, provided you can justify them.
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