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Getting Backs on Track

Occupational back injuries are seldom, if ever, fatal, but they account for nearly 20 percent of all workplace injuries and illnesses and cost the nation an estimated $20 billion to $50 billion per year.

Preventing Back Injuries

Step 1: Know which jobs pose more risk. You should have job descriptions for every position in your organization — if lifting or moving heavy materials is required, determine how much weight a person must be able to lift easily to perform the job safely.

Step 2: Ensure applicants are fit for the job. Any worker can suffer a back injury, but material handlers and others whose jobs require lifting have a higher than average chance of job-related back injury.

Step 3: A prior injury adds to the risk. Can employers legally screen out workers who have had a previous injury?

The Americans with Disabilities Act (ADA) and amendments prohibit employers from asking disability-related questions and conducting medical examinations until after it makes a conditional job offer to the applicant. You also cannot discriminate against an employee on the basis of workers' compensation claims filed.

Although employers may not ask disability-related questions or require medical examinations at the pre-offer stage, they can take these steps to evaluate whether an applicant is qualified for the job:

a. Asking whether an applicant can perform specific job functions, for example, lifting a certain amount of weight.

b. Asking about an applicant's non-medical qualifications and skills, such as education, work history and required certifications and licenses.

c. Asking applicants to describe or demonstrate how they would perform job tasks.

Once you make a conditional job offer, you may ask disability-related questions and require medical examinations as long as the company requires exams for all employees entering that job category. If you reject the applicant after a disability-related question or medical examination, have justifiable reasons and document your decision. If the applicant files a discrimination complaint, EEOC investigators will closely scrutinize whether the rejection was based on the results of that question or examination.

Step 4: Look at trends. Examine past claims for patterns — are there particular tasks that lead to back injuries? Do claims involve similar conditions — such as slippery or unstable footing, unusually large loads? And finally, look at the claimants themselves — do they share any characteristics?

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