The following procedures apply to Educational Support Personnel working in extra-hazardous positions, as defined by the state, and covered under Wyoming Worker's Compensation.

POST OFFER, PRE-EMPLOYMENT PROCEDURES:

• Documenting physical requirements: The physical requirements of the essential functions of a job are determined using information from the applicable job description and a job site analysis, performed by a  District approved occupational/physical therapist.    When the physical requirements for a specific job classification change, the supervisor must contact the human resources office and update the job description on file.
• Position vacancy announcements:Announcements for vacant positions in job classifications subject to this policy must contain information about the physical requirements of the essential functions of the job and a statement that employment is contingent on the successful completion of a post offer, pre-employment physical.
• Job offers:Offers of employment for jobs in classifications subject to this policy must clearly state that employment is contingent upon successful completion of a post offer, pre-employment physical.
• Scheduling the physical: All prospective employees must successfully complete the post offer pre-employment physical before work begins. Supervisors and Administrators will provide information about the process and instruct the prospective employee to contact the testing vendor to schedule an appointment.
• Physical: The vendor will consistently administer the post-offer, pre-employment physical to all prospective employees at the level necessary for performing the essential job functions. As employment has not yet commenced, time in performance of the physical is not considered work time.
• Results: The vendor delivers results to the Human Resources Department.
• The Human Resources Department maintains results in a confidential medical file, separate from the individual’s application file and personnel file (if hired).
• Human Resources personnel are responsible for conveying the results to the hiring manager/supervisor in a pass/fail form.
• Prospective employees who wish to request a reasonable accommodation for a disability may contact the Human Resources Manager. Requests for accommodation will be considered before further action is taken.
• Only after the prospective employee passes the pre-employment physical, or a reasonable accommodation for a qualified individual is agreed upon, may they begin work.
• Reapplying for the same job classification:Individuals who fail the post-offer, pre-employment physical for a job classification, must wait a period of six weeks before reapplying for the same position, or another position with similar or higher physical requirements, unless extenuating circumstances, temporary in nature, are shown to have contributed to the failure.

RETURN TO WORK, FIT-FOR-DUTY PROCEDURES:

• An employee covered under Wyoming Worker's Compensation, who has sustained a job-related injury or illness, and has been on an extended leave for at least 30 days, will be required to pass a return-to-work, fit-for-duty physical prior to returning to work.
• The return-to-work, fit-for-duty physical will be conducted in the same manner and with the same vendor as the post offer, pre-employment physical.
• If an employee is unable to successfully pass the return-to-work, fit-for-duty physical, the employee has the option to participate in a work hardening program.
• The length of the work hardening program will follow the recommendation of the treating physical therapist, generally no longer than six weeks.
• The treating occupational/physical therapist will work in conjunction with the Safety Manager and Human Resources to monitor progress and establish anticipated timelines for employee to return to work safely.
• The work hardening program will fall within the parameters of our existing job protection policies of Family Medical Leave and Medical Leave.
• If an employee is unable to successfully complete the return to work, fit-for-duty physical, after completion of the work hardening program, the employee’s supervisor will work with Human Resources to reassign the employee to a suitable existing position; however, no new position will be created. As the goal is to protect employees from injury, a suitable position may not be available, and employee may face termination.

 ADOPTION DATE: August 27, 2013; Reviewed May 26, 2015; Revised December 11, 2018; Revised February 28, 2023

LEGAL REFERENCE(S): State Workers’ Compensation Act, Wyoming State Statutes 27-14-101 through 27-14-805, Family and Medical Leave Act, Americans With Disabilities Act

CROSS REFERENCE(S): 4218, 4218-R, 4219, 4208, 4208-R, 4220, 4220-R, 4229, 4229-R