I think you make an excellent point-one of the key elements to protect the employer, and you, is to establish relevant policy and proceedure in the event a "snag" arises. Immagine if Bob Smith want's to be re-tested every month because of his inability to meet the UE strength requirements, or because his HR exceeds his max safe. Having been involved in some ADA cases, I can tell you that covering all your bases helps you sleep at night. A clearly established limit to testing once every __month(s), with certain exclusions (illness, emergencies), seems realisitic. Remember that these tests cost money to the employer, and an ounce of prevention is worth....

Hope my perspective helps.

From what I understand from the course I just returned from...re-testing an applicant who failed is not always a good idea. Unless the company is going to allow every applicant who fails to also retest, they are setting themselves up for trouble down the road. If the person failed but has since "re-applied" for the job, then I guess they could be retested. Anyone else?