Pre-placement Medicals are typically included as a condition of employment in job offers, where the employer makes the offer conditional on the employee being found ‘medically fit’ for the job. Thus, an employee declining the pre-placement exam is also declining to meet the condition and therefore, to accept the job.
- Legal Requirements: There may be laws that require certain pre-placement medical examinations for specific types of jobs or industries, particularly if there are safety or health concerns involved. In such cases, it may not be optional for the employee to decline the examination.
- Employer Policies: An employer is entitled to make a job offer with conditions and require that the prospective employee meet those conditions in order to get (or in some cases keep) the job. For example, a company that is hiring someone to drive a vehicle (like a delivery truck) is legally allowed to require that the employee show proof of a valid driver’s license at time of hiring, and maintain a valid driver’s license throughout their employment. The same rules apply for a Preplacement medical.
- Consent: In situations where the pre-placement medical examination is not legally required and is at the discretion of the employer, candidates typically have the right to consent or decline. However, keep in mind that refusing a medical examination may affect the candidate’s chances of getting the job, as it may be seen as non-compliance with the employer’s hiring process.
- Reasonable Accommodations: In some cases, candidates with disabilities may request reasonable accommodations during the pre-placement medical examination process. Employers may need to consider these requests in accordance with disability discrimination laws.
- Confidentiality: Regardless of whether a candidate chooses to undergo a pre-placement medical examination, the results of such exams are usually kept confidential and not shared with others in the organization.
It’s essential for potential employees to understand their rights and the specific requirements and policies of the employer they are applying to. If a candidate has concerns about the medical examination, they can discuss these concerns with the employer’s HR department or seek legal advice to better understand their rights and obligations in their specific situation.
Note that in Ontario the rules for designated substance medicals (like asbestos, silica, etc.) are different and that an employee exposed to designated substances can decline to participate in the medical surveillance program, without adverse consequences.
