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4 3 2. Focus ramifications of collective bargaining agreements; CDL The balance of the Introduction presents background requirements for diabetes and epilepsy;4 and fitness for information concerning the reasons for conducting duty certifications required after returning from sick physical assessments--such as testing an applicant or leave and after injuries.5 Issues beyond the scope of the employee's physical ability to perform a specific job digest include mental health testing, medical status due 6 task, testing for drug use, or testing visual acuity--and to medications, medical testing for common acute or describes examples of physical ability testing conducted chronic infectious diseases, requirements for nonopera- by law enforcement and fire departments, nontransit tional personnel (office personnel), and operational commercial drivers, and non-transit maintenance guidance on devising and administering physical ability workers. Section II of the digest reviews statutory and tests.7 An analysis of requirements for process and liti- regulatory requirements that relate to physical assess- gation issues applying to all cases brought under fed- ments of transit employees, including drug and alcohol eral statutes, such as standards for awarding back pay, testing requirements, CDL medical requirements, occu- is also beyond the scope of the digest. pational safety and health requirements, and require- B. Background ments for school bus drivers. Section III then examines legal restrictions on physical ability testing, including This section describes several discrete reasons for prohibitions on discrimination in employment based on conducting testing of physical ability, such as testing an race, gender, age, and disability; medical leave re- applicant or employee's ability to perform physical quirements; and constitutional limitations on govern- tasks; physical status, such as drug and alcohol use, ment-mandated searches. Section IV reviews tort and tobacco use, or body weight; and physical capacity, such workers' compensation liability for injuries suffered as vision. Also discussed are examples of physical abil- during physical ability tests, as well as the legal ramifi- ity testing that are relevant either because the category cations of lifestyle restrictions on obesity and off-duty of testing is sufficiently well-established to have devel- use of tobacco. Section V of the digest summarizes high- oped legal principles that would apply to transit testing, lights of responses to the study questionnaire and de- or because the testing occurs in job categories analogous scribes several specific examples of physical ability test- to transit job categories. ing in the transit industry. Finally, while it is beyond the scope of this report to render a legal opinion or rec- ommend a specific physical ability testing policy, sec- 3 E.g. In the Matter of New Jersey Transit Corporation, tion VI does examine issues to be considered in struc- P.E.R.C. No. 2007-63, May 31, 2007 (labor dispute arising from turing a physical ability testing policy. The report fitness for duty issues), www.perc.state.nj.us/perc includes citations to state family and medical leave decisions.nsf/IssuedDecisions/7804E54E7B44EE64852572ED statutes (Appendix A); a list of state equal employment 007136B9/$File/PERC%202007%2063.pdf?OpenElement; opportunity statutes, regulations, and agencies (Appen- Metro/King County New Sick Leave Agreement (agreement dix B); and a list of the transit agencies that responded covers medical verification of sick leave, including self- to the report questionnaire (Appendix C). As is the case verification), www.atu587.com/documents/PDFofSickleave letter.pdf. throughout the report, links to citations are provided 4 for convenience; transit agencies should verify statutory FMCSA standards generally provide that a person is physically fit to drive a commercial motor vehicle if the person language from official sources. "has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control'' (49 3. Scope C.F.R. 391.41(b)(3)) and "has no established medical history or The legal ramifications of employment testing are clinical diagnosis of epilepsy or any other condition which is extensive, and in their entirety are beyond the scope of likely to cause the loss of consciousness, or any loss of ability to the report. The report addresses or references relevant control a commercial motor vehicle." (49 C.F.R. 391.41(b)(8)). federal statutes and cases to the extent that they affect However, based on 49 U.S.C. 31315 and 31136(e), FMCSA has physical ability testing, as well as examples of state an exemption procedure for persons with insulin-treated diabe- tes (70 Fed. Reg. 67777, Nov. 8, 2005) and epilepsy. authority that advances or differs from federal law. As 5 with all such reviews, however, the report provides a E.g., Martin v. Town of Westport, 329 F. Supp. 2d 318 (D. Conn. 2004). starting point for, not the final word on, legal evalua- 6 tion of a specific policy in a given jurisdiction, particu- E.g., Giordano v. City of N.Y., 274 F.3d 740 (2d Cir. 2001) (police officer recommended for retirement because of required larly in terms of state authority. The report does not use of anticoagulant); Burton v. Metro. Transp. Auth., 244 F. cover all state statutes and cases. In evaluating the Supp. 2d 252 (S.D.N.Y. 2003) (employee deemed not qualified legality of a physical ability testing policy in a specific as bus driver because of use of anticoagulant). jurisdiction, further research is advisable. 7 For a thorough discussion of conducting a physical de- A number of ancillary issues are discussed briefly, mands analysis in order to develop physical ability tests, see including the ramifications of test results, such as rein- Mark Rayson, Job Analysis, in THE PROCESS OF PHYSICAL statement following drug tests; the need for operational FITNESS STANDARDS DEVELOPMENT (Stefan Constable, Bar- guidance on how to devise and administer tests; the bara Palmer eds., 2000), www.dtic.mil/cgi-bin/GetTRDoc?AD= ADA495349&Location=U2&doc=GetTRDoc.pdf (accessed Oct. 27, 2009).

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5 1. Reasons for Physical Testing on the job in question, physical abilities tested for tran- The use of employment testing to make decisions sit positions may include grasping strength, lifting about employee selection and promotion is widespread strength, eye/foot coordination, and manual dexterity. and increasing.8 Clearly it is important that employees Generally the physical ability to perform essential func- be physically fit for their jobs: it is important that em- tions of the job is tested with physical agility tests or ployees be able to safely carry out specific physical re- work sample tests. The most significant advantage of a 9 quirements. Thus, employers conduct various types of test that replicates work tasks is the high content valid- physical ability tests to ensure that employees have ity of the test. However, depending on the work tasks, sufficient strength to safely perform required job tasks. such tests may be expensive to create and may pose In the case of the transit industry, such testing may safety issues.11 In addition to preemployment testing, serve to provide a higher level of safety to the employ- employers may wish to assess functional capacity when 12 ees and members of the public and to reduce on-the-job employees return to work following illness or injury. injuries and their attendant costs, both in terms of pro- Generally fitness for duty after an illness or accident, ductivity and workers' compensation costs.10 Depending whether work-related or not, is determined by medical certification,13 but can be the subject of physical ability testing. 8 EEOC Commission Meeting of May 16, 2007, In addition to testing to ensure that employees are www.eeoc.gov/abouteeoc/meetings/5-16-07/transcript.html. For physically able to perform essential job functions, example, there has been an increase in employee testing as a physical testing in the transit industry may be required way to screen the high volume of responses to online applica- to assess whether employees meet legally specified tions in a nonsubjective way. EEOC, Employment Tests and standards, such as requirements specified by depart- Selection Procedures, www.eeoc.gov/policy/docs/factemployment_procedures.html. ments of transportation for visual acuity, color blind- 14 Testing has also increased due to security concerns, but it is ness, and night vision; for absence of substance abuse; unlikely that physical ability testing has increased for that or to assess whether health and safety standards are reason. being complied with, such as when employees are re- 9 For example, a bus driver can be expected to have the fol- quired to use respiratory devices, when they are ex- lowing physical abilities: Near Vision--The ability to see details at close range (within a few feet of the observer). dorses this nor any other commercial source cited as an exam- ple of available resources, nor their approaches to testing. Depth Perception--The ability to judge which of several 11 objects is closer or farther away from you, or to judge the dis- Jackson, supra note 1, at 12122, www.dtic.mil/cgi- tance between you and an object. bin/GetTRDoc?AD=ADA495349&Location=U2&doc=GetTR Doc.pdf (accessed Oct. 27, 2009). Content validity is discussed Far Vision-- The ability to see details at a distance. in III.A.1, Title VII, infra this digest. Reaction Time--The ability to quickly respond (with the 12 A PRACTICAL APPROACH TO OCCUPATIONAL AND hand, finger, or foot) to a signal (sound, light, picture) when it ENVIRONMENTAL MEDICINE 5 (Robert J. McCunney, ed., 3d ed. appears. 2003). See also American Physical Therapy Association, Occu- Response Orientation--The ability to choose quickly be- pational Health Guidelines: Evaluating Functional Capacity, tween two or more movements in response to two or more dif- www.apta.org/AM/Template.cfm?Section=Policies_and_Bylaws ferent signals (lights, sounds, pictures). It includes the speed &Template=/CM/ContentDisplay.cfm&ContentID=62842 (ac- with which the correct response is started with the hand, foot, cessed Oct. 27, 2009); Division of Workers' Compensation, or other body part. Rhode Island Department of Labor and Training, Donley Cen- Spatial Orientation--The ability to know your location in ter Functional Capacity Evaluations, relation to the environment or to know where other objects are www.dlt.state.ri.us/donley/fce.htm (accessed Oct. 27, 2009). in relation to you. 13 E.g., Spokane Transit Authority Family and Medical Night Vision--The ability to see under low light condi- Leave Policy, at 6, tions. www.spokanetransit.com/employment/documents/FMLA_Polic Occupational Information Network, Summary Report for: y_2003.pdf. 53-3021.00Bus Drivers, Transit and Intercity, 14 Although percentages appear to have peaked, large num- http://online.onetcenter.org/link/summary/53- bers of private employers still require drug testing of job appli- 3021.00#Abilities. cants and employees as a matter of company policy. Diane 10 E.g., Thomas B. Gilliam, Gary Kohn, Suzanne J. Lund, & Cadrain, Drug Testing Falls Out of Employers' Favor, HR Maggie Hoffman, Physical Ability Tests: Injury Reduction in MAGAZINE, June 2006, at 38, Airline Workers Through a New Hire Physical Capability http://findarticles.com/p/articles/mi_m3495/is_6_51/ai_n269093 Screening Program, Presented to Annual Meeting of the 15/ (accessed Oct. 26, 2009). The American Management Asso- American College of Sports Medicine, May 31, 2002, St. Louis, ciation found that drug testing peaked at 81 percent in 1986, Mo., http://ipcs-inc.com/uploads/ACSM%20Speech-UAL-02- and declined steadily to 62 percent in 2004. Id. at 39. Ques- combined.pdf. A plethora of companies offer various testing tions have been raised about the effectiveness of drug testing. services on the premise that the use of their testing services Lewis L. Maltby, Drug Testing: A Bad Investment, Sept. 1999, will lead to hiring employees with the physical capability to www.workrights.org/issue_drugtest/dt_drugtesting.pdf perform required job tasks, thereby reducing workplace inju- (accessed Oct. 26, 2009). Transit agencies, of course, must con- ries. E.g., www.med-tox.com/quicktest.htm. Neither the author duct drug testing as required by federal regulations. See II.A., nor the Transportation Research Board (TRB) in any way en- Drug and Alcohol Testing, infra this digest.

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6 posed to certain toxic chemicals, and when they are In the case of bus and rail operators, obesity may exposed to certain noise levels. While these legal re- have very specific safety implications because of the quirements are generally met through medical testing, connection between body mass and obstructive sleep in some circumstances physical ability tests could be apnea20 and because of the effect of body mass on the conducted. For example, the Federal Motor Carrier ability to safely perform maneuvers such as steering a 21 Safety Administration (FMCSA) standards establish a bus. In July of 2009, The National Transportation variety of physical benchmarks15 that are generally Safety Board (NTSB) found that a train operator's high measured through medical tests and clinical diagnoses, body mass index (BMI) was a likely contributing factor not physical ability tests. However, certain of these re- in a crash of a Massachusetts Bay Transportation Au- quirements--such as the absence of rheumatic, ar- thority (MBTA) Green Line train that killed the opera- thritic, orthopedic, muscular, neuromuscular, or vascu- tor, caused crew and passenger injuries, and caused lar disease that interferes with the employee's ability to estimated damages of $8.6 million. In its report to the control and operate a commercial motor vehicle (CMV) Federal Transit Administration (FTA) on the accident, safely--could be assessed by physical ability tests the NTSB stated: measuring grasping strength, based on job analyses of Obstructive sleep apnea is associated with fatigue and the strength required to carry out various tasks needed significant cognitive and psychomotor deficits that are at for safe operation of a bus or rail car. Moreover, the least partially reversible with appropriate treatment. Ac- legal restrictions on physical ability testing may also cident rates have been shown to be considerably higher in apply to tests conducted to measure physical capacities drivers with obstructive sleep apnea than in those with- (such as vision and hearing) and status (such as sub- out the disorder. The Federal Motor Carrier Safety Ad- stance abuse). ministration (FMCSA) medical review board recently rec- ommended that the FMCSA require screening for A third area where employers may consider physical obstructive sleep apnea in all drivers with a BMI over 30. ability testing is to enforce requirements concerning The NTSB concludes that the operator of the striking lifestyle choices that can affect employee productivity train was at a high risk for having undiagnosed sleep ap- and costs. Growing numbers of employers are inter- nea, and she may have been chronically fatigued as a re- ested in controlling healthcare costs through wellness sult of the condition. (footnotes omitted) 22 programs and increased insurance premiums for em- Based on its investigation and finding concerning ployees with characteristics that put their health at MBTA's accident, NTSB recommended that FTA de- risk.16 The transit industry certainly faces concerns velop guidance regarding identification and treatment about employee health, particularly given the effects of scheduling pressure on operators' diet, sleeping pat- terns, and exercise.17 The cost-raising effects of un- healthy employees include absenteeism, medical ex- Costs, An Executive Guide to Corporate Wellness Programs, at penses, stress on other employees who must cover for 7, 1819 (2006), www.edelman.com/image/insights/content/ them, and recruitment/hiring/training costs for re- Wellness_White_Paper.pdf; Susan E. Lessack, More Employers placements.18 Employers may be particularly concerned Trying to Regulate Employee Off-Duty Behavior, LABOR AND about the health risks posed by obesity and smoking, EMPLOYMENT LAW UPDATE, Pepper Hamilton LLP, Dec. 12, because of the effect those risks may have on productiv- 2007, www.pepperlaw.com/publications_update.aspx? ity--in terms of the employee's ability to perform job ArticleKey=1037. One study found that smokers had 18 per- functions and to maintain appropriate work atten- cent higher medical claims. McCunney, supra note 12, at 155. dance--and on health care costs to the employer.19 20 Alan Levin, Transit Accidents Linked to Sleep Disorders, USA TODAY, July 23, 2009, www.usatoday.com/news/nation/ 2009-07-23-sleepypilots_N.htm (accessed Oct. 3, 2009); JoNel 15 49 C.F.R. 391.41, Physical qualifications for drivers, Aleccia, Heavy, Drowsy Truckers Pose Risk on the Road, June http://edocket.access.gpo.gov/cfr_2008/octqtr/pdf/49cfr391.41. 14, 2009, www.msnbc.msn.com/id/31066019/ (accessed Oct. 29, pdf. 2009); Obstructive Sleep Apnea and Commercial Motor Vehicle 16 Michelle M. Mello & Meredith B. Rosenthal, Wellness Driver Safety (Executive Summary), Presented to Federal Mo- Programs and Lifestyle Discrimination--The Legal Limits, tor Carrier Safety Administration, July 12, 2007, NEW ENG. J. MED. 359(2):192-9 (2008). www.fmcsa.dot.gov/rules-regulations/TOPICS/mep/report/ 17 See MARY J. DAVIS, TRANSIT OPERATOR HEALTH AND Sleep-Apnea-Final-Executive-Summary-prot.pdf. 21 WELLNESS PROGRAMS, A SYNTHESIS OF TRANSIT PRACTICE See V., Transit Agency Practices, infra this digest. (Transit Cooperative Research Program, TCRP Synthesis No. 22 National Transportation Safety Board, Safety Recom- 52, 2004); GERALD P. KRUEGER, REBECCA M. BREWSTER, mendation R-09-9, July 23, 2009, at 34, citing O. Resta and VIRGINIA R. DICK, ROBERT E. INDERBITZEN, & LOREN STAPLIN, others, Sleep-Related Breathing Disorders, Loud Snoring and HEALTH AND WELLNESS PROGRAMS FOR COMMERCIAL DRIVERS, Excessive Daytime Sleepiness in Obese Subjects, 7-16 (Commercial Truck and Bus Safety Synthesis Program, INTERNATIONAL JOURNAL OF OBESITY-RELATED METABOLIC Synthesis No. 15, 2007). DISORDERS, 25(5), at 66975 (2001); L. Ferini-Strambi and 18 DAVIS, supra note 17. See also McCunney, supra note 12, others, Cognitive Dysfunction in Patients with Obstructive at 15457 (employers' concerns in general about health care Sleep Apnea (OSA): Partial Reversibility After Continuous Posi- costs and absenteeism). tive Airway Pressure (CPAP), BRAIN RESEARCH BULLETIN, June 19 Edelman, Finding Wealth Through Wellness: How Engag- 30, 2003, 61(1), at 8792, ing Employees in Preventive Care Can Reduce Healthcare www.ntsb.gov/recs/letters/2009/R09_8_9.pdf.

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7 of individuals at high risk for obstructive sleep apnea The test consists of eight events that candidates and other sleep disorders.23 must complete within 10 minutes, 20 seconds, wearing While employers may have concerns about other life- a weighted vest to simulate the firefighter's protective style choices, the focus in this report is on tobacco use gear. The task force developed the test based on its re- and obesity,24 given that those are the two leading view of actual job functions of member fire depart- 25 causes of preventable death in the United States, and ments. The group first reviewed task force members' job because if employers choose to institute requirements analysis, job task surveys, and then-current perform- concerning tobacco use and obesity, physical testing is ance tests and job descriptions to come up with a list of one of the options for enforcing such requirements. tasks to analyze in more detail. The task force then de- veloped the test based on survey responses about the 2. Examples of Physical Ability Testing identified tasks. Orientation and pre-test procedures Police and firefighters are frequently subject to were adopted in 2006 after a conciliation agreement physical ability testing. The extensive body of case law was reached with the U.S. Equal Employment Oppor- surrounding such testing sets forth principles applica- tunity Commission (EEOC).28 An Orientation Guide ble to physical ability testing of safety-sensitive transit describes the specific tasks and standards for passing 29 employees. Moreover, for transit agencies that employ each event. Applicants may prepare using an exercise their own police officers, police standards are not program designed specifically for the CPAT.30 merely analogous, but directly relevant, should the agencies require those officers to undergo physical abil- 28 Fire Service Joint Labor Management Wellness-Fitness ity testing. In addition, testing for employees in analo- Task Force Candidate Physical Ability Test (CPAT) Program gous job categories, such as commercial drivers and Summary, www.iaff.org/HS/CPAT/cpat_index.html. Examples maintenance workers, provides examples of approaches of other fire departments requiring candidates to pass the to testing relevant to transit testing. This section de- CPAT include Raleigh, N.C., scribes several examples of physical ability tests to pro- www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_2_306 _202_0_43/http%3B/pt03/DIG_Web_Content/category/Resident/ vide context for the legal analysis that follows. Fire/Recruitment/Cat-1C-2007404-133139- Firefighters/law enforcement.--Candidate physical Candidate_Physical_Abili.html (accessed Oct. 21, 2009) and ability tests are common for fire departments. The Na- San Francisco, tional Fire Protection Association Standard 1583 pro- www.jobaps.com/SF/sup/BulPreview.asp?R1=cbt&R2=00H2&R vides general concepts for firefighter fitness, recom- 3=053650 (accessed Oct. 21, 2009). mending that firefighters involved in emergency 29 The eight events, the tasks they simulate, and the actual 26 operations participate in periodic fitness assessments. equipment used for the simulation are as follows: A widely used test is the Candidate Physical Ability Stair Climb: climbing stairs wearing protective clothing Test (CPAT), a standardized pass/fail test developed by and carrying equipment; stair machine and shoulder weights. a task force made up of two major firefighting associa- Hose Drag: dragging an uncharged hoseline from the fire tions and 10 major North American fire departments apparatus to the fire occupancy and pulling an uncharged that is used by fire departments throughout the United hoseline around obstacles while remaining stationary; actual States.27 uncharged fire hose with hoseline nozzle. Equipment Carry: removing power tools from a fire appa- ratus, carrying them to the emergency scene, and returning the 23 equipment to the fire apparatus; two saws and a tool cabinet. National Transportation Safety Board, Safety Recom- mendation R-09-9, July 23, 2009, at 5. Ladder Raise and Extension: placing a ground ladder at a 24 fire structure and extending the ladder to the roof or window; There is a legal distinction between obesity that is caused two 24-ft fire department ladders. by a physiological condition and obesity that is not so caused. See II.B., ADA and III.A.2., Prohibitions Against Discrimina- Forcible Entry: using force to open a locked door or to tion Based on Physical Disability, infra this digest. breach a wall; mechanized device that measures cumulative 25 force and a 10-lb sledgehammer. Between 2000 and 2004, tobacco use was responsible for an estimated 443,600 early deaths annually and more than Search: searching for a fire victim with limited visibility $196 billion annually in health-related costs (including both in an unfamiliar area; closed search maze with obstacles and medical costs attributable to smoking and productivity losses). narrowed spaces. Tobacco-Related Cancers Fact Sheet, American Cancer Society. Rescue: removing a victim or injured partner from a fire www.cancer.org/docroots/PED/content/PED_10_2x_ scene; weighted mannequin. Tobacco-Related_Cancers_Fact_Sheet.asp?sitearea=ped. Obe- Ceiling Breach and Pull: breaching and pulling down a sity is associated with "high risk for and prevalence of hyper- ceiling to check for fire extension; mechanized device that tension, type II and gestational diabetes, cardiovascular dis- measures overhead push and pull forces and a 6-ft pole com- ease," and other ailments, McCunney, supra note 12, at 163. monly used in firefighting. 26 NFPA 1583, Standard on Health-Related Fitness Pro- CPAT Orientation Guide. This guide is available from the grams for Fire Department Members, www.nfpa.org/about International Association of Fire Fighters, www.iaff.org/ thecodes/AboutTheCodes.asp?DocNum=1583. (membership required). 27 30 See Candidate Physical Ability Test Manual, CPAT Preparation Guide. This guide is available from the www.publicsafetymed.com/Redmond%20docs/CPAT%20Manua International Association of Fire Fighters, www.iaff.org/ l.PDF (accessed Nov. 17, 2009). (membership required).

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8 Physical ability testing is also common for police de- Other police departments use more content-oriented partments. A number of departments use a common physical agility assessments. For example, the Univer- term, POPAT (Police Officer Physical Agility Test), but sity of Arizona Police Department requires the follow- the content of POPATs can vary significantly. Various ing assessment: "a 500 yard run, 99 yard obstacle statewide law enforcement organizations develop physi- course, 165 lb body drag (32 feet), climb over a 6 foot cal ability/agility standards that are either used chain link fence, and a climb over a 6 foot solid wall."37 throughout the state or used as a basis for police de- The Hickory, North Carolina, POPAT combines fitness partments to develop their own standards.31 For exam- exercises with task simulations that use a police ple, the Police Officer Standards and Training Council cruiser, a body, and a staircase.38 of Connecticut has adopted a Physical Ability Assess- Similarities between the actual requirements in law ment that is used statewide. This test consists of four enforcement/firefighter tests and transit tests include elements: sit-ups (measuring muscular endurance, re- firefighter respirator requirements, which may be rele- lated to use of force tasks); sit-and-reach (measuring vant to respirator requirements for mechanics, and cer- flexibility); bench press (measuring absolute strength); tain elements of tests used for police departments, such and a 1.5-mi run (measuring cardiovascular capacity).32 as sit-and-reach, which may also be used in the transit Each Connecticut police department sets its own crite- context. However, other specific elements of law en- ria, that is, its own passing rates. The Maine Criminal forcement/firefighter testing may differ substantially Justice Academy has developed a physical agility pre- from what would relate to transit job functions other entrance test that police departments within the state than transit police. For example, anaerobic require- 33 use to create their own physical assessment tests. The ments may be greater for law enforcement/firefighters Wyoming Law Enforcement Academy has a physical than for most transit positions. Strength requirements agility entrance exam,34 which police departments in may also vary considerably. Candidates for these law the state use as a basis for their preemployment physi- enforcement/firefighter positions are often put on notice cal agility assessment.35 of the physical ability requirements in advance and 39 The Maryland Transportation Authority requires its advised to train to meet the requirements. Where de- applicants to pass a preemployment physical agility partments use statewide tests to screen applicants, ap- assessment test consisting of six components that measure general fitness needed to perform job func- tions, rather than simulating specific job functions.36 www.mdfop34.org/flyers/orientation.pdf (accessed Oct. 22, 2009). Specific abilities tested are: 31 Alan Andrews & Julie Risher, What does THAT have to PushUps: measures muscular endurance, 24 in 1 minute do with being a cop? Employment Standards in Law Enforce- required to pass. ment. Presented at International Association of Chiefs of Police SitUps: measures muscular endurance, 28 in 1 minute 2006 Conference, Boston, Mass., Oct. 14, 2006, at 13, required to pass. www.aele.org/andrews2006.pdf. Numerous validation studies have been performed to relate physical fitness abilities such as Flexibility: measures range of motion of lower back and aerobic and anaerobic power, strength, flexibility, explosive hamstrings, must reach 16 in. to pass. power, and agility to the ability to perform specific policy offi- 1.5-mi Run: measures cardiovascular capacity, must be cer job tasks. Thomas R. Collingwood, Robert Hoffman & Jay completed in 15.55 minutes or less to pass. Smith, Underlying Physical Fitness Factors for Performing Vertical Jump: must reach 15 in. to pass. Police Officer Physical Tasks, POLICE CHIEF MAGAZINE, vol. 71, 300 Meter: measures cardiovascular capacity, must be no. 3, March 2004, http://policchiefmagazine.org/magazine completed in 70.1 seconds or less to pass. /index.cfm?fuseaction=display_arch&article_id=251&issue_id= 37 Police Officer/Police Officer Recruit, 32004 (accessed Oct. 23, 2009). One source of standards is the www.uapd.arizona.edu/police%20officer%20recruit.htm (ac- Cooper Institute, www.cooperinst.org/. E.g., City of Ottowa cessed Oct. 22, 2009). See also Pre-employment/Post Offer (Kan.), http://www.ottawakansasnet/hrforms/2010%20Police Physical Abilities Test Rationale for Corrections Officers and %20Application%20Packet.pdf; City of Rockwall (Tex.) Police Correctional Program Officers, Department, www.rockwall.com/HR/Documents/PDGuidelines www.mass.gov/Eeops/docs/doc/physical_abilities_test_rationale .pdf (accessed Oct. 22, 2009); Rowlett Police Department, .pdf (accessed Nov. 6, 2009). http://www.rowlett.com/index.aspx?nid=186. 38 32 Police Officer Physical Agility Test (POPAT), Date of Re- The Physical Ability Assessment, Complete Health & In- cord: Dec. 23, 2008, jury Prevention, www.chip-inc.com/test/ (accessed Oct. 22, www.hickorygov.com/egov/docs/1230062920702.htm (accessed 2009). Oct. 23, 2009). See also Become an El Cerrito Police Officer: 33 Town of Falmouth, www.town.falmouth.me.us/Pages/ Physical Agility/Abilities Test, FalmouthME_Police/hiringprocess (accessed Oct. 22, 2009). www.el-cerrito.org/employee_services/jobop_policeofficer.html 34 General Information, Wyoming Law Enforcement Acad- (accessed Nov. 30, 2009). emy, www.wleacademy.com/Basic/physassess.htm (accessed 39 E.g., Police Officer Physical Agility Test Training Manual, Oct. 22, 2009). City of Miami, 35 www.casperwy.gov/PoliceJobs/tabid/584/Default.aspx. www.miamigov.com/employeerel/pages/PORecruitment/Police 36 Maryland Transportation Authority Police, Police Offi- %20Officer%20(Basic%20Recruit)%20Physical%20Agility%20T cer/Police Cadet Orientation, est%20Training%20Manual.PDF.