C. Employment

12.1   The following steps shall be taken to safeguard the health and safety of employees whose duties require heavy physical work or food handling and to comply with the Americans with Disabilities Act (ADA).

12.2   Medical Exam -- General

12.2.1   A supervisor, in consultation with the Human Resources Office may make inquiries or require a medical examination if it is job related and consistent with business necessity. If a disability as defined by ADA exists, and the employee is unable to perform the essential functions of an assigned job, several options are available. The employing department and the campus Human Resources office will determine the appropriate solution from among the following options:

12.2.1.1   Use of policies regarding paid time away from work due to disabling condition (earned time, sick pool, sick time, interim disability, LTD, worker's compensation)

12.2.1.2   Use of policy regarding accommodations for disabilities

12.2.1.3   Use of policy regarding transfer to another position; or

12.2.1.4   Termination of employment if none of the other policies are applicable

12.2.2   A current list of classifications requiring either a heavy physical work or food-handling medical exam is available from the campus Human Resources Office.

12.2.2.1   The USNH Director of Human Resources has the authority to make additions/deletions to this list. Changes may be made upon recommendation of the campus office responsible for personnel administration.

12.2.3   Medical Exam--Heavy Physical Work

12.2.3.1   All persons employed in classifications requiring heavy physical work (see USY V.C.12.2.2 above) must satisfactorily complete a medical examination prior to work being assigned. (In compliance with §503, Part 60-741.6(c)(1), §504, Part 84.14(1)(c) of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.)

12.2.3.2   Individuals employed in heavy physical work must provide satisfactory medical evidence of the ability to perform the essential functions of the position. This can be accomplished at no expense to the individual by scheduling an appropriate medical examination through an institutionally established procedure.

12.2.3.3   The employing unit shall consider the results of the medical examination in determining whether or not the individual should be assigned to the position requiring heavy physical work. As outlined in USY C.12.2.1, termination may occur if a person is or becomes medically unable to perform the essential functions of an assigned job with or without accommodations.

12.4   Medical Exam--Food Handlers

12.4.1   Persons employed in classifications involving food handling including childcare center employees (see USY V.C.12.2.2 above) must satisfactorily complete a TB Mantoux test at the time of employment and annually thereafter. Such examinations will be provided by the institution at no expense to the employee. Employees will be notified of the results of the examination. The considerations outlined in USY V.C.12.2 will also apply.