282.2002
RESOLUTION ESTABLISHING POLICY
REGARDING PRE-EMPLOYMENT PHYSICALS
RESOLUTION NO.: 282, 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town has at times in the past required pre-employment physicals to
ensure that individuals are physically able to perform the essential duties of the positions for
which they are hired, and
WHEREAS, the Town currently has no formal policy in place directing or controlling the
requirements for pre-employment physicals, and
WHEREAS, the Town is cognizant of the mandates and limitations of the Americans
with Disabilities Act (ADA) and wishes to reaffirm its ongoing desire to comply with the ADA,
and
WHEREAS, the ADA mandates that medical examinations be performed in a
nondiscriminatory fashion and that a job offer be conditioned on the results of a medical
examination only if the examination is required for all entering employees in similar jobs, and
WHEREAS, the Town has a number of positions which require that the employee have
and maintain a Commercial Drivers License (CDL) and that included among the requirements
for a CDL is the requirement for a physical examination and drug testing, and
WHEREAS, the Town desires to implement a policy requiring all permanent full0time
and part-time employees to undergo a pre-employment physical to determine the fitness of the
selected individual to perform the essential job functions, and
WHEREAS, it is the policy and practice of the Town not to discriminate on the basis of
physical or mental impairment.
NOW, THEREFORE, BE IT
RESOLVED, that any employee hired or rehired after the date of this Resolution for any
permanent full-time or part-time position shall be hired contingent upon their passing a pre-
employment physical, and
BE IT FURTHER,
RESOLVED, that such physicals will be performed at the Town’s expense from the
appropriate account, by the medical facility under contract with the Town to perform physical
examinations, and
BE IT FURTHER,
RESOLVED, that in no event will a physical examination be required as part of the
interviewing process, rather, once a qualified individual has been identified for a position, that
individual will be required to undergo the physical examination before assuming their job duties
and being placed upon the payroll, and
BE IT FURTHER,
RESOLVED, that where the position required a CDL, the physical examination shall be
the same examination as performed for the CDL and will also include a determination of ability
to perform any additional essential functions, and
BE IT FURTHER,
RESOLVED, that where the position does not require a CDL, the examination shall be
limited to determining whether the individual is able to perform the essential functions of the
position, and
BE IT FURTHER,
RESOLVED, that if it is determined by medical examination that an individual is unable
to perform essential job functions with reasonable accommodations, then the offer of
employment will be void, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Supervisor’s Office to circulate and distribute this Policy to all Town Departments and add the
Policy to the Employee Handbook.
st
Duly adopted this 1 day of July, 2002, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None