Federal and State laws allow employers to test applicants and current employees to determine if they are physically and mentally fit to perform the essential functions of their job- and do so safely. The following essays and PowerPoints describe what employers can do, and when they can do it.

If you have questions about fitness for duty testing in your work place, contact me.  I have 25 years of consulting experience regarding ADA-compliant functional testing. I am one of the few attorneys in the country who is intimately familiar with the nuances of fitness for duty testing law, especially as it relates to prevention and apportionment of workers’ compensation claims. I have consulted with several national testing companies, I speak at national conferences on the topic, and I have researched the usage of testing data in at least 15 states. In addition, I am highly passionate about, and uniquely qualified for, designing testing protocols which are inexpensive, useful, and legal. Although I am a Colorado-based attorney, I can guide an employer anywhere in the nation implement a testing program that makes sense. Among my services, I can provide affordable and “plain English” policy and procedure statements regarding fitness testing at any of the three stages of employment (pre-offer, post-offer/pre-placement, and current employees).  Additionally, I have assembled a team of experts who can help your company evaluate the efficacy- and legality- of any functional capacity exam currently offered in America.

Cairns & Associates, P.C.

3900 E. Mexico Avenue
Suite 300
Denver, CO 80210

Phone (303) 481-6345
Fax (866) 277-0355

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