BFOR (PDF)

Bona Fide Occupational Requirement (BFOR) Physically Demanding Occupations in which failure to perform the job or ineffective job performance can result in loss of life or property. ↳ Ex Amazon workers who fit can....

Bona Fide Occupational Requirement (BFOR) Physically Demanding Occupations in which failure to perform the job or ineffective job performance can result in loss of life or property. ↳ Ex Amazon workers who fit can. are carry more packages - if they deliver late , it will not result In loss can't of life or property so they make a BFOR to be - part of the job ↳ Firefighters have a BFOR so that they could carry people out out of burning buildings ex the. wear did guy a not In the photo didn't hat/helment but due to religious prevent him from it doing reasons - Is it a BFOR? can have non-physical BFOR job he was able to poisonous to wear a face mask to be protected against so need ( If you & (1) the standard must be for a purpose rationally world ex be you won't. Yas and you have a beard most likely can't work in this job , be covered & connected to job performance; (2) the standard must have been adopted by the employer in good faith and belief that it was necessary for the fulfillment of the work-related purpose; and (3) the employer must show that the standard is reasonably necessary to accomplish the work- related purpose (demonstrate that it is impossible to accommodate the worker without imposing undue hardship on the employer). ↳ Ex Military had tanks with unadjustable seats when short person. so a complained about it, the military claimed undue hardship since It wouldhavebeen extremely costly to add adjustable sata http://www.sikhtimes.com/news_112089a.html Does it require BFOR? if it of yes results loss life - property in or  1999 – The Meiorin Decision (Supreme Court of Canada) a great firefighter but when they introduced a fitness test she failed I Tawney Meiorin was dismissed from her job because she failed one , was aspect of a minimum fitness standard (running test) established by claims that the test was unfair since the Government of British Columbia for all firefighters. the same standards were and women even tho men held for have men higher VOz max ( Ms. Meiorin complained that the aerobic standard discriminated X against women in contravention of the British Columbia Human Rights Code, as women generally have lower aerobic capacity Ms. Meiorin had been performing the duties of a firefighter for three years, and had been rated by employers as safe and efficient. The Government of British Columbia argued that this aerobic- lost gov of BC to the but appealed to the standard was a BFOR of the firefighter position. L Supreme Court Supreme Court said the aerobic standard is not a BFOR since was not directly linked to they ob Can't just choose a random # and say they L need to meet this #) On appeal, the Supreme Court determined that the aerobic standard was not a valid BFOR. The National Consensus Forum Toronto, Sept 2000, in response to the Meiorin decision - this was created to determine what is a BFOR  Ccame with S criteria to if it up see is a BFOR BFOR for Physically Demanding Jobs 1. Is job completion critical for life and property protection? 2. Familiarization with job (training, manuals, resource materials, etc..) (what the job requires determine the fitness level)to 3. Comprehensive job review (physical demands analysis) Cataloguing all important (essential) physically demanding tasks Subject matter experts rank order tasks (importance, demands, frequency). (ex What VOz. needed max succeed firefighter) is to as a 4. Physical and physiological characterization ex male police officers use more force Weights, forces, environment, apparel while females use leverage and less force Physiological response of experienced workers ↳ not about how an individual looks (lIre (big and strong) but how everyone 5. Identify the representative sample, important, physically looks like demanding, critical tasks. ↳ If someonly onlydoes It every s months compared to every week BFOR would be diff 6. Develop test protocol based on representative tasks Fitness components versus job simulation Chave to do all the movements to make the test protocol as Pilot test, solicit expert feedback, refine to real life situation) similar 7. Scientific Check Day I test score of 30 ↳) running and jumping fences before arresting , of (not a someone Test – retest reliability - test score is Day 2 , reliable test so you have to do multiple Content validity: tests) Physical /physiological Expert consensus on “likeness” between test and tasks 8. Establish standardized assessment protocol based on the performance times of experienced workers. 9. Administer to incumbents I make you not discriminating against sure Evaluate pass/fail rate are certai group) a Evaluate adverse impact (pass rate of a sub-group, cannot be less than 80% of majority group) 10. Develop standards of acceptability Unacceptability set at incumbents’ mean performance times +1 SD 11. Implement screening protocol 12. Ongoing review and revision  Due Diligence to Provide Reasonable Accommodation Obligation of an employer to take appropriate steps to eliminate disadvantage to current or prospective employees resulting from a rule, practice or physical barrier that has or may have an adverse impact on persons with disabilities. (EX York places) accessibility options. has so those In wheelchairs can get to There are two exceptions to an employer’s duty to accommodate (or provide reasonable accommodations) Bona Fide Occupational Requirement: Refers to an essential task or objective required to perform a job. An employer must review tasks in job descriptions to determine if the tasks are essential for the position. If the task is not essential and is discriminatory, it must be removed. (EX. A teacher does not need to wall to do a job so If they put her In the top floor , Undo Hardship: accommodations) they are discriminating against her and need to make If the accommodation of the needs of the individual or class of individuals affected would impose undue hardship on the person who would have to accommodate those needs considering health, safety, and cost. ↳Ex A doctor with shaking hands. cannot be a surgeon be it can endanger the lives of others.  Criminal Code of Canada, 2004 Legislates that supervisors and management personnel will be deemed criminally negligent if they fail to take reasonable measures to ensure the bodily safety of persons doing the “work or task”. If an employee can’t do the job then the employer is not performing ‘due diligence’ Charged with criminal negligence - employer can go to Jail if employees are not compotent to do the job ↳ criminal employer is charged with negligence Fitness Screening Test for Initial Attack Forest Fire Applicants 1. Pre-participation Screening PAR-Q (PARmed-X) Blood Pressure Informed Consent 2. Aerobic Fitness Test crunning with the hose) 20 m shuttle run (6-pass, 4.5-5.5 borderline) 3. Upright Row 51 lb bar at a rate of 20 lifts/min (simulate digging) 4. Job Simulation Test (wearing a 9 lb weight belt) Pump carry Hose pack carry Hose extension  Occupation-Specific Screening for Structural Firefighters 1. Vision, Hearing and Pulmonary Function Visual acuity (20/30) Idiff colour represents of diff type Colour vision (City Universal Test) flower) Normal depth perception Normal hearing (bc fires are loud) Normal lung function 2. Health/Performance Fitness Aerobic Fitness (treadmill)  Occupation-Specific Screening for Structural Firefighters Job Simulation Performance Tests Untimed: Acrophobia (ladder climb – 40 ft) Claustrophobia (search confined area) Ladder Lift (56 lb) Timed (running not allowed – walk briskly while wearing 40 lb vest and 4 lb ankle weights): Hose Carry/Stair Climb (85 lbs-5 flights) Rope Pull (50-80 ft) Simulated Hose Advance – Sled Drag (150 lb-50ft) Victim Drag (200 lb-50ft) Forced Entry (move a tire with a 10 lb sledge hammer) Fitness Test for Correctional Officer Applicants Pre-participation Screening – PAR-Q (PARmed-X) – Blood Pressure – Informed Consent Cell Search: Maximum Time 2 minutes (searching the cells) Emergency Response Circuit: – Response – 60 m (4 x 15) over stairs four times – Body Control Simulator (85 lb) – Arm Restraint Simulator (57 lb Grip; 62.5 lb arm) – Inmate Relocation (86 lb) Time 128 seconds or faster Aerobic Fitness Test – 20 m shuttle run (5.5-pass)  Police Requirements Fit to Serve Four tests to determine eligibility for an employment interview – An aptitude test (why they officer) (personality test) want to be an – A written communications test – A medical/physical skills and abilities (vision) test – A video simulation test Show situations you react in Physical Readiness Evaluation for Police (PREP) is part of the physical skills and abilities test. – PAR-Q – Informed consent – The Pursuit/Restraint Circuit – Aerobic Shuttle Run  ⑫ ① ⑤ ⑭ Simulates a police food chase that includes obstacles (100 m), the control of a person who resists arrest and the dragging of an incapacitated person (68kg or 150 lbs) while wearing a 9 lb belt. www.mcscs.jus.gov.on.ca/english/police.../prep_performance.html Run back and forth between two marked lines over a 20-metre (67 ft) course in time with audio signals. In each leg of the Shuttle Run, warning lines must be reached before the permitted time elapses. You will be cautioned if you fail to cross a warning line in time. The test ends when you miss two consecutive warning lines. To pass you must achieve Stage 6.5. Humber College – Paramedic Degree - the 32 push-ups don't have anything to do with thejob sohave to analyze the Physical Fitness Requirements physical conditions and how it relates At the end of semester one, students must demonstrate: 32 male push-ups in one minute; 36 abdominal crunches in one minute; 1.8 km run in under 11 minutes, and flexibility. Students not meeting these requirements will not be allowed to participate in Field Internship 1, and therefore will not meet the graduation requirements. http://www.allure.com/beauty-trends/blogs/daily-beauty- reporter/2009/11/too-fat-to-graduate.html - need to lose weight to graduate  Incumbent Testing Because of the Criminal Act, jobs like fire fighting, policing etc are beginning to institute annual or regular testing to ensure BFOR are being met. Mandatory retirement at 60y for Firefighters and police are questionned Incumbent testing to see If they still fit and the requirements meeting - are ↳ you age , you will lose as fitness Aging and Safe effective Job Requirements should be able to continue - job as long as they are fit , regardless of their age