incumbent testing
Thu, 05/17/2007 - 10:45am
What sort of liability does the employer have with regard to incumbent testing? I understand that I need a release signed by each employee prior to testing, but is this going to be sufficient if an injury occurs? Are incumbents who agree to assist with the validation process "off the clock" or is the employer still liable for them if they get injured during the test validation process? Thanks in advance for any input.
I would approach the employer about having testing done while the employee is on the clock-this would/should cover the employee, the employer and perhaps you from an insurance perspective. I would also contact the workman's com insurance company about this particular "activity" to see if coverage would apply. Hopefully you have already included them on this cost-saving endeavor. You should also consult your malpractice insurance company and make sure YOU are covered, as well as the status of incumbent's coverage. Remember, when an injury is claimed, you will find yourself to be the last one at the table!
The location of the testing and defining the purpose of the test seems relevant. Using volunteers for testing seems best and a thorough medical screen (by you) prior to testing should be done. Overall, I think incumbent testing is one of the safest activities we perform (especially when you consider our litigeous population). Always better to error on the side of caution and safety. If your testing is "work relevant" and simulation based, the risks should be no greater than when "on the job". Hope this helps.