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Cognitive and Physical Essential Function Job Analysis

9:00 am - 4:30 pm MDT, June 15, 2018   |   Organized by: Reasonable Accommodation, LLC

Description

Date/Time: Friday, June 15th, 9:00 a.m. to 4:30 p.m.

Location: 

Hosted by Industrial Rehabilitation & Evaluation Services, LLC

770 West Hampden Avenue, Suite 300

Denver, Colorado

Description: The growing technology-dependence and complexity of the workplace have resulted in a far greater need for cognitive skill at all levels of employment. Unfortunately, cognitive skill can be impacted by some factors ranging from an accident (traumatic brain injury) to addiction, to simple aging. Insurers, employers, and legal counsel across the United States are coming face-to-face with the need for more comprehensive essential function job analyses. Developed jointly by Dr. Leonard Matheson and Roy Matheson, the intent of this learning experience is to train you to include the analysis of both the cognitive and physical demands of a target job in your essential job analysis work product.

The Importance of a Comprehensive Job Analysis

As compared to work evaluation practices before ADA Title I, the first step in rendering a workability opinion is now a thorough identification of the essential functions of the target job. (Keep in mind that today the essential functions of a job are rarely lifting, carrying, standing, dexterity, etc.) Once the identification of the essential functions is complete, step two, analysis and measurement of the cognitive and physical demands supporting the essential functions, can be conducted.

The third step in this process is to render an opinion of the individual’s ability to safely and effectively execute the cognitive and physical demands of the job with or without reasonable accommodation. This opinion must be the result of a sensitive comparison of the demands of the position and the worker’s accommodated ability. A negative opinion rendered without the support of accurately measured cognitive job demands may not survive scrutiny.

What You Will Learn

You will learn to distinguish the essential functions of a job from the cognitive or physical demands of job tasks. While job analyses for State workers’ compensation systems and the Social Security system use the Physical Demand Characteristics of Work system (Sedentary, Light, Medium, Heavy, or Very Heavy levels of the Occasional, Frequent, or Constant frequency categories), the federal ADA Title I system requires a more precise method. Work evaluators, physicians, and insurers now face the need for analyses that provide both types of task description and measurement.

Course Goals

Students will learn:

  • How to select which cognitive demands to analyze

  • How to write compliant essential function task statements

  • How to approach measurement of physical demands tied to essential functions

  • How to establish valid job-relatedness of work tasks and essential function statements

  • How to conduct the pre-analysis interview

  • How to use OSHA 300 log data, loss-run reports, and requests for reasonable accommodation to select jobs for analysis

  • How to update the structure of your report to produce a contemporary work product

These skills will contribute to your competency with the legal and professional boundaries of the new essential function job analysis requirements.

Course Materials

 Each participant in this training program will receive a copy of Roy Matheson’s “The Americans with Disabilities Act – Title I Compendium” which includes:

  • Selected sections of ADA Title I

  • Landmark federal court employment discrimination opinions

  • EEOC press releases announcing the settlement of employment discrimination charges

  • Julie Brandfield’s Undue Hardship: Title I of the Americans with Disabilities Act

  • A sample of a cognitive and physical essential function job analysis




Roy Matheson

Roy Matheson, ADAC has a 30-year background in occupational rehabilitation and ergonomic evaluation training and professional certification. His initial exposure to employment testing began at the Employment and Rehabilitation Institute of California (ERIC) in 1983. The rehabilitation and work evaluation philosophies at the heart of the medical examination section of ADA Title I originated at ERIC under its founder, Dr. Leonard Matheson.

Work tolerance screening, work capacity evaluation (now known as ‘functional capacity evaluation’), and work hardening were introduced as new rehabilitation services at ERIC clinic. Roy Matheson’s contribution to the growth of employment testing under the Matheson philosophy was the development of training programs, software, and equipment used by therapists around the globe.

In 2012, the effect of federal court cases involving employment testing served as a call to action for Roy Matheson. In the ensuing years, he transitioned to what is now Reasonable Accommodation, LLC, and reasonable accommodation.com. His practice focuses on advising and training employers, government agencies, therapists, and legal counsel of the mechanics of medical examination and reasonable accommodation under ADA Title I.

Roy has presented as a keynote speaker, panelist, trainer, or workshop instructor at more than 400 public and private educational events, management training programs, and national conferences. His audience includes managers and staff of federal, state, county, and municipal government entities as well as the full spectrum of corporate entities across the United States, Canada, and six other countries. Roy’s body of work includes hundreds of online webinars and blogs related to Title I of the ADA and the Rehabilitation Act.

His consulting and guidance assignments address legal compliance issues raised under Title I of the Americans with Disabilities Act and Section 501 of the Rehabilitation Act. These issues include aspects of employment testing, essential function job analysis, and reasonable accommodation program start-up and management. Roy sees himself as a trusted adviser in demanding situations requiring clear, well-thought-out guidance within the environment of employment and disability-related civil rights law.

Location

Industrial Rehabilitation & Evaluation Services, LLC

770 West Hampden Avenue, Suite 300

Denver, CO US

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