Principles for Public Safety Employment

operate as effectively and efficiently as it can, given the diverse tasks with which it is charged. The government cannot operate with any degree of efficiency if its employees miss work…Regular performance of [an employee’s] work is a prerequisite for…most if not all full-time governmental jobs.” 310

1. F IREFIGHTERS According to the Ninth Circuit Court of Appeals, “when health problems have had a substantial and injurious impact on an employee’s job performance, the employer can require the employee to undergo a physical examination designed to determine his or her ability to work, even if the examination might disclose whether the employee is disabled or the extent of any disability.” 311 The Sixth Circuit Court of Appeals has stated the test this way: “for an employer’s request for an exam to be upheld, there must be significant evidence that could cause a reasonable person to inquire as to whether an employee is still capable of performing his job.” 312 A good rule of thumb to follow is not to request a firefighter undergo a fitness for duty examination unless you have specific evidence: (1) that the firefighter has difficulty performing one or more essential functions of his or her job; or (2) of other good cause (i.e., excessive absenteeism, poor productivity). 2. P EACE O FFICERS Government Code section 1031 provides that all peace officers must “be free from any physical, emotional, or mental condition which might adversely affect the exercise of the powers of a peace officer.” Section 1031 also states that physical condition “shall” be evaluated by a licensed physician/surgeon, and emotional or mental condition “shall” be evaluated by a licensed physician/surgeon or a licensed psychologist. The qualifications for physicians or psychologists who can conduct these evaluations are specified more fully in the statute; however, it is important to note that only physicians and/or psychologists who have met POST standards may conduct these evaluations. Notably, the California Court of Appeal has held that the requirements of Government Code section 1031, which states, among other things, that a peace officer must be "free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer", must be maintained throughout a peace officer's career. 313 LCW Practice Advisor A good rule of thumb to follow is not to request an employee undergo a fitness for duty examination unless your agency has specific evidence: 1) that an

employee has difficulty performing one or more essential functions of his or her job; or 2) of other good cause (i.e., excessive absenteeism, poor productivity).

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 98