University of New South Wales - Human Resources - Pre-Employment Health Assessment, Human Resources, UNSW

Approving Authority:	Director, Human Resources
Date of Approval:	March 2004
Last Amended:
Contact Officer:	Industrial Relations Advisory Unit

Introduction

Certain jobs may pose a threat to people with pre existing injuries or medical conditions and in such jobs there may also be greater exposure to risk. Under these circumstances the University may require the recommended applicant to undergo a health assessment prior to commencing employment to ensure the work will not harm their health.

The University's responsibilities

It is important that the following procedures are followed when advertising a vacant position.

To minimise exposure to discrimination complaints the inherent requirements of the job should be identified. Inherent requirements refer to primary tasks that are essential. Applicants should be provided with a position description outlining the duties and responsibilities and amount of time spent performing each task Note any tasks with a physical requirement such as lifting 10 kg mail bags for example.
Remove any generic requirement for example "applicants must be over 180cm tall to apply" unless it can be justified and consider whether the essential duties for the job could be performed in different ways that would enable a larger proportion of the population to undertake the duties.

In circumstances where the work may pose a threat to people with pre existing injuries or medical conditions or where there may be some exposure to risk a work unit may request that Human Resources offer the position to the successful applicant subject to the satisfactory completion of a health assessment. In such cases, the following procedures will apply:

In addition to outlining the inherent requirements of the position, applicants need to be advised of any potential hazards associated with the job. To ensure there is no risk a request for relevant information about pre existing injuries or medical conditions should be made as it relates to the recommended applicant's ability to perform the job and must be requested prior to the person commencing employment. You may also obtain a medical opinion where there is doubt about whether an injury or disease disclosed will be aggravated or will affect the recommended applicant's ability to perform the inherent requirements of the job.
Any health assessment should be confined to the duties and inherent requirements of the position. The health assessment cannot be used to screen out applicants with injuries, disabilities, illnesses etc. that would not affect their performing the inherent requirements of the position. All medical records are confidential.
Applicants must be able to carry out the duties of the position without endangering the health and safety of the public, other staff, students, visitors or the person concerned.
The University must consider the potential discrimination law consequences and must ensure applicants are not discriminated against on the basis of disability or impairment. It is unlawful to discriminate on the basis of disability/impairment when deciding who should be offered employment. Accordingly an applicant disclosing information about pre-existing injuries or diseases should not automatically be denied employment. Rather it should be considered whether they are prevented from performing the inherent requirements of the job and whether any reasonable adjustments could be made.

It is not unlawful for an employer to reject an application for employment from someone if they are unable to perform the inherent requirements of the job or would require assistance which would impose an unjustifiable hardship on the employer. However, employers should consider whether any reasonable adjustments could be made which could assist an applicant to perform the inherent requirements of the job. An example would include providing a welder with sight problems with prescription goggles. Whether or not an adjustment is reasonable depends on whether making it will cause unjustifiable hardship to the employer. Factors such as the size of the employer's organisation the cost of the adjustment and the benefit to the person are relevant in determining whether the adjustment will result in unjustifiable hardship.

Conclusion

This policy will assist in determining the circumstances under which a pre employment medical may be necessary while providing guidance to comply with anti discrimination legislation.

Download Employee Health Declaration Form (RTF format)

Other UNSW policies

- Reasonable adjustment guidelines for Managers of staff and potential staff with disabilities
- Guidelines for Departmental/ Units preparing an Information kit for applicants of General Staff positions
- Guidelines for Academic selection criteria

Related Legislation

NSW Anti-Discrimination Act 1977
NSW Occupational Health and Safety Act 2000
NSW Workers Compensation and Injury Management Act 1998
Privacy and Personal Information Protection Act 1998

Further Information

Staff requiring more information on this policy and related matters should contact the Industrial Relations Unit in Human Resources on telephone 9385 1710 or email irau@unsw.edu.au or the Equity and Diversity Unit on telephone 9385 4734.

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