Is It Necessary to Require Medical Certificates from New Employees in Non-Hazardous Roles?

It is compulsory to take a medical/fitness certificate from newly joined employees as we don't have any hazardous operations.

Is there any law or act which helps to understand or provide more clarity on this?

Importance of Pre-Employment Medical Check-Ups

The medical check-up is conducted to ensure that we are hiring a person of sound health. An example is offered here to understand the matter. In 2013, a person was inducted into a job to work in the stores of the employer. The said employee, on a fine day, fell from the seat and was taken to the hospital for treatment, where a cerebral clot was found in the brain due to high blood pressure. The employee eventually entered into a coma. The family members filed a case before the WC authority for compensation for permanent disablement. The employer did not have the pre-employment medical report. I know the person because he was treated as a patient by my friend for his hypertension and related issues and was advised to take complete rest, but he took up the job at that juncture. The employer paid compensation of Rs. 3.5 lakh and medical expenses of Rs. 1.25 lakh, and the insurance company denied payment as the employer did not have a pre-employment medical check-up of the employee prior to employment.

Dear Vipul Patel,

What is the nature of your industry? What types of operations are involved while developing your product or service?

Pre-employment medical check-ups are generally required for jobs that involve lifting weight, working at height, eye tests for drivers, and so on. Nevertheless, there can be a common requirement among all, and it is on "contagious diseases," especially "Sexually Transmitted Diseases."

Concerns with Pre-Employment Medical Check-Ups

For Mr. Prabhat Ranjan Mohanty: You have given a good example of what happens when pre-employment medical check-ups are not done. Nevertheless, if the company starts denying employment even for blood pressure, then it could pose a problem in employing candidates who are 40+. Secondly, what if the BP is normal but the cholesterol is high? What about those who have diabetes? What if the sugar shoots up while working, and a person collapses at the workplace? There are too many ifs and buts.

Challenges in Customer Service Roles

Working in the Customer Service department is no easy task. Occasionally, customers download their frustration on the CS Agent. Against this backdrop, an employee with normal blood pressure could develop the problem of high blood pressure. How to handle such a case? Should a company obtain a declaration from the employee stating that he/she should not ask for any compensation for developing an occupational disease?

Thanks,

Dinesh Divekar

The offer letter is issued with a clause stating that your appointment shall be subject to being declared physically fit by the doctor after undergoing a medical examination or from a doctor nominated by the company for this purpose. The medical test does not only include BP but also encompasses all other tests recommended by the doctor based on the nature of employment. According to the company's regulations, employment may be denied if the candidate is deemed unfit by the doctor.

We conduct a comprehensive body check-up of the selected candidate, a practice followed by many other establishments. This is not a new practice but rather an age-old tradition in industries.

Thank you.

Some seniors have well understood the importance and implications of pre-employment medical check-ups for fitness, and I share the same sentiment. As far as legal obligations are concerned, the Factories Act/Rules mandate compulsory pre-employment check-ups if the factory activities fall under the "hazardous" category as outlined in the schedule to the Act.

Apart from legal requirements, especially in today's pandemic conditions, it is strongly recommended to conduct these check-ups.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

Pre-employment Medical Check-up Practices

I will give you insight into what some companies follow.

1. Some companies conduct a pre-employment check-up only for ailments like diabetes, heart disease, and high blood pressure, and reimburse 50% of the expenses. They ask the shortlisted candidate to bear the remaining 50%.

2. Some companies require a self-declaration from the employee stating that he/she does not suffer from any serious ailments. If any of the mentioned incidents occur, the company is not liable for any compensation due to false self-declaration by the employee. The company can terminate the employee based on false information provided to the employer at the time of hiring.

Medical Examination in the Selection Process

Medical examination is a step in the selection process, which may occur just before the final selection or reference check. It is conducted to ensure that the person being considered for the position is physically fit and suitable for the job they are being hired for. I believe that this particular step in the selection process is not currently being implemented in this firm. However, once an individual is hired, they may be enrolled in suitable medical schemes to maintain their physical fitness and ensure that their performance and productivity levels remain consistent. Ultimately, it is up to the employer to make this decision.

The Employee Compensation Act of 1923

The Employee Compensation Act of 1923 pertains to employment-related injuries that occur "arising out of" and "in the course of employment," resulting in a disability that impacts the individual's ability to perform their job duties, whether temporarily or permanently, partially or totally. In such cases, insurance coverage, ideally with 24-hour coverage, can be arranged by the employer.