special types of workers

8/20/2019 Special Types of Workers

1/49

SPECIAL TYPES OF

WORKERSapprentice, learner & handicapped workers


2/49

Define Apprenticeship

means practical training on the jobsupplemented by related theoreticalinstruction. (Art. 58, LC

training within employment in!ol!ing acontract between an apprentice and anenterprise on an apprenticeable occupation(DEPARTMENT ORDER NO. 68!" #


3/49

Wh$ is %n Apprentice&

"e is a worker who is co!ered by a writtenapprenticeship agreement with an indi!idual(Art. 58, LC

a person undergoing training #or an appro!edapprenticeable occupation during anestablished period and co!ered by anapprenticeship agreement. (DEPARTMENTORDER NO. 68!" #


4/49

Wh%t is %pprentice%'(e $cc)p%ti$n %n* Apprenticeship %+ree,ent&

An apprenticeable occupation means any trade, #orm o#employment or occupation which re$uires more than three (%months o# practical training on the job supplemented by relatedtheoretical instruction.(Art. 58, LC

an occupation o##icially appro!ed #or apprenticeship by ')A.(DEPARTMENT ORDER NO. 68!" #

Apprenticeship agreement is an employment contract whereinthe employer binds himsel# to train the apprentice and theapprentice in turn accepts the terms o# training. (Art. 58, LC

a contract wherein a prospecti!e enterprise binds himsel# to trainthe apprentice who, in turn, accepts the terms o# training #or arecogni*ed apprenticeable occupation emphasi*ing the rights,duties and responsibilities o# each party. (DEPARTMENTORDER NO. 68!" #


5/49

Wh%t %re the -)%(ific%ti$ns $f %n Apprentice&

(a +e at least #ourteen (- years o# age

(b /ossess !ocational aptitude and capacity #orappropriate tests and

(c /ossess the ability to comprehend and #olloworal and written instructions.

rade and industry associations may recommend

to the ecretary o# Labor appropriateeducational re$uirements #or di##erentoccupations.( ec. 50, LC


6/49

RE/ISITES f$r EMPLOYMENT OF APPRENTICES

he employer should be engaged in a businessthat is considered highly technical industry

he job which the apprentice will work on

should be an apprenticeable occupation( Art.12, LC


7/49

C$ntents $f %pprenticeship%+ree,ents 0Art. 61#

Apprenticeship agreements pro!iding #or wagerates below the legal minimum wage, which in nocase shall start below 35 percent o# the applicable

minimum wage, may be entered into only inaccordance with apprenticeship programs dulyappro!ed by the ecretary o# Labor and'mployment. he )epartment shall de!elop

standard model programs o# apprenticeship. heperiod o# apprenticeship shall not e4ceed si4months.

eeds )6L'7s prior appro!al


8/49

Nitt$ Enterprises 2s. NLRC %n* R.C%pi(i3rn$. 11"445 Septe,'er 7 19

he apprenticeship agreement between petitioner andpri!ate respondent was e4ecuted on ay 98, 002 allegedlyemploying the latter as an apprentice in the trade o# :caremaker;molder but it was #iled only on


9/49

Apprenticeship Peri$* D.O.L.E. CIRC/LAR N$. 7 Series $f 7!!6

he apprenticeship shall be #or a period o#,$re th%n three ,$nths ')t n$t $2er si:,$nths. "owe!er, the employer has the

option to employ the apprentice e!en be#ore thecompletion o# the apprenticeship period


10/49

ENTITLEMENT OF T;E APPRENTICES

Apprentices shall be entitled to recei2e %


11/49

'!ery apprenticeship agreement shall be signed by the

employer or his agent, or by an authori*edrepresentati!e o# any o# the recogni*ed organi*ations,associations or groups and by the apprentice.

An apprenticeship agreement with a minor shall be

signed in his behal# by his parent or guardian, i# thelatter is not a!ailable, by an authori*ed representati!eo# the )epartment o# Labor, and the same shall be binding during its li#etime.

'!ery apprenticeship agreement entered into under thisitle shall be rati#ied by the appropriate apprenticeshipcommittees, i# any, and a copy thereo# shall be#urnished both the employer and the apprentice.


12/49

>EN/ES OF APPRENTICEPRO3RAM 0ART. 64#

ponsoring #irm7s or employer7s premises raining centers o# the )6L' or /ublic training institutions or a combination o#

both


13/49

SPONSORS OF T;E PRO3RAM0ART. 6"#

Any o# the apprenticeship schemes recogni*ed hereinmay be undertaken or sponsored by a single employeror #irm or by a group or association thereo# or by a ci!icorgani*ation. Actual training o# apprentices may be

undertaken> (a =n the premises o# the sponsoring employer in the

case o# indi!idual apprenticeship programs (b =n the premises o# one or se!eral designated #irms in

the case o# programs sponsored by a group orassociation o# employers or by a ci!ic organi*ation or

(c =n a )epartment o# Labor and 'mployment trainingcenter or other public training institution


14/49

CO>ERA3E OF T;E PRO3RAM

. Any enterprise duly registered with theappropriate go!ernment authorities with ten(2 or more regular workers is $uali#ied to join

the program. he number o# apprentices #oreach participating enterprise shall not be morethan 92 percent o# its total regular work#orce.

9. Any unemployed person 5 years old and

abo!e may apply #or apprenticeship with anyparticipating enterprise. (DEPARTMENTORDER NO. 68!" #


15/49

PROCED/RES in CASE $f >IOLATION0 Art6966#

=n!estigation? upon complaint o# any interestedperson or upon its own initiati!e, the appropriateagency o# the )epartment o# Labor and 'mploymentor its authori*ed representati!e shall in!estigate any !iolation o# an apprenticeship agreement pursuant tosuch rules and regulations as may be prescribed bythe ecretary o# Labor and 'mployment.

Appeal? the ecretary o# Labor and 'mployment hasappellate jurisdiction o!er decisions #or !iolation o#such apprenticeship contract

)octrine o# e4haustion o# administrati!e remedies


16/49

APTIT/DE TESTIN3 OF APPLICANTS

'mployers or entities with duly recogni*edapprenticeship programs shall ha!e primaryresponsibility #or pro!iding appropriate

aptitude tests in the selection o# apprentices. =#they do not ha!e ade$uate #acilities #or thepurpose, the )epartment o# Labor and'mployment shall per#orm the ser!ice #ree o#

charge( Art. 18


17/49

OR3ANI?ATION OF APPRENTICES;IP PRO3RAM0 ART. 5!#

@> Apprenticeship is a !oluntary undertaking 'BC'/=6> hen there is a critical shortage o# a trained manpower in

certain trades, occupations, jobs or employment le!els where national security or particular re$uirements o#economic de!elopment so demand, the ecretary o# Laborand 'mployment may recommend to the /resident o# the/hilippines the compulsory training o# apprentices and

here ser!ices o# #oreign technicians are utili*ed bypri!ate companies in apprenticeable trades, saidcompanies are re$uired to set up appropriateapprenticeship programs.


18/49

INCENTI>ES TO PARTICIPATIN3ENTERPRISES 0DEPARTMENT ORDER NO. 68!"#

. /ayment o# 35D o# the pre!ailing minimum wage toapprentices

9. an additional deduction #rom ta4able income o# E o#the !alue o# labor training e4penses incurred #or

de!eloping the producti!ity and e##iciency o# apprenticesshall be granted to the person or enterprise organi*ingan apprenticeship program> /ro!ided, howe!er, thatsuch deduction shall not e4ceed 2D o# direct labor

wage and that the person or enterprise who wishes toa!ail himsel# or itsel# o# this incenti!e should pay hisapprentices the minimum wage. (As pro!ided #or under+ook ==, itle ==, Chapter =, Article 3 o# the Labor Code


19/49

APPRENTICES


20/49

Wh$ is % (e%rner&

a person hired as a trainee in semi?skilled andother industrial occupations which are non?apprenticeable and which may be learned

through practical training on the job in arelati!ely short period o# time which shall note4ceed three (% months (Art. 3%, LC


21/49

When c%n (e%rners 'e hire*&0Art. 5" LC#

Learners may be employed when noe4perienced workers are a!ailable, theemployment o# learners is necessary to pre!ent

curtailment o# employment opportunities, andthe employment does not create un#aircompetition in terms o# labor costs or impair orlower working standards.


22/49

Wh%t %re the c$ntents $f Le%rners A+ree,ent&0 Art 59 LC#

(a he names and addresses o# the learners (b he duration o# the learnership period, which shall not e4ceed

three (% months (c he wages or salary rates o# the learners which shall begin at

not less than se!enty?#i!e percent (35D o# the applicableminimum wage and (d A commitment to employ the learners i#they so desire, as regular employees upon completion o# thelearnership. All learners who ha!e been allowed or su##ered to work during the #irst two (9 months shall be deemed regular

employees i# training is terminated by the employer be#ore theend o# the stipulated period through no #ault o# the learners. he learnership agreement shall be subject to inspection by the

ecretary o# Labor and 'mployment or his duly authori*edrepresentati!e.


23/49

Learners employed in piece or incenti!e?rate jobs during the training period shall be paid in#ull #or the work done. ( Art 31, LC


24/49

;ANDICAPPED WORKERS

are those whose earning capacity is impaired by ageor physical or mental de#iciency or injury. (Art. 38

hey may be employed when their employment is

necessary to pre!ent curtailment o# employmentopportunities and when it does not create un#aircompetition in labor costs or impair or lower working standards.( Art. 30, LC

hey may be hired as apprentices or learners i# theirhandicap is not such as to e##ecti!ely impede theper#ormance o# job operations in the particularoccupations #or which they are hired. (Art. 8


25/49

@ern%r*$ 2s NLRC 3.R. N$. 17715.)(= 17 1

he court ruled that e!en handicapped persons,employed by a bank to accommodate the

re$uest o# the social wel#are secretary may

become regular employees.


26/49

APPRENTICE LEARNERS HANDICAPPEDWORKERS


27/49

WORKERS

QUALIFICATIONS 1. Must be fteen (15)ye!s "#$ "! b"%e.

&. 'e ys*+##y ft "! te"++ut*"n *n ,*+ e$es*!es t" be t!*ne$. -.

P"ssess %"+t*"n# t*tu$en$ ++*ty "! !"!*te

tests. . W*t te b*#*ty t"

+"/!een$ n$ "##", "!#n$ ,!*tten *nst!u+t*"ns

1. My be e/#"ye$ ,en

n" e0e!*en+e$ ,"!e!s !e

%*#b#e.

&. Wen te e/#"y/ent "

#e!ne!s *s ne+ess!y t"

!e%ent +u!t*#/ent "e/#"y/ent ""!tun*t*es.

-. Wen te e/#"y/ent "

#e!ne!s $"es n"t +!ete

un*! +"/et*t*"n *n te!/s

" #b"! +"sts "! */*! "!

#",e! ,"!*n2 stn$!$s.

1. My be e/#"ye$ ,en

te*! e/#"y/ent *s

ne+ess!y t" !e%ent

+u!t*#/ent " e/#"y/ent

""!tun*t*es.

&. Wen *t $"es n"t +!eteun*! +"/et*t*"n *n #b"!

+"sts "! */*! "! #",e!

,"!*n2 stn$!$s.

NAT3RE t!*ns *2#y4s*##e$ "b. t!*ns *n se/*4s*##e$ "b "!*n *n$ust!*# "++ut*"ns

tt !e6u*!es t!*n*n2

C"nt!+tu# tye "e/#"y/ent

73ALI8IED EMPLO9ERS E/#"ye!s *n te *2#y

te+n*+# *n$ust!*es n$

"n#y *n !ent*+eb#e

"++ut*"n !"%e$ by te

/*n*ste! " Lb"! n$

E/#"y/ent.

APPRENTICE LEARNERS HANDICAPPED WORKERS


28/49

APPROVAL OF DOLE It nee$s !*"! !"%# "DOLE t!"u2 te TESDA.Absen+e " te !"%#

+"ns*$e!s te *!e$!ent*+e s n e/#"yee

D" n"t nee$ !*"! !"%#by DOLE but sube+t t"

DOLE:s *nse+t*"n

INCENTIVES OF

EMPLOYER

1. ;5 < y/ent " te

/*n*/u/ ,2e t"

!ent*+es.

&. $e$u+t*"n !"/ t0b#e

*n+"/e " = " te %#ue "

#b"! t!*n*n2 e0enses.

-.Te+n*+# n$ "te!

ss*stn+e !"/ DOLE n$

"te! 2"%e!n/ent 2en+*es.

. E/#"ye!s !e ssu!e$ "

!e2u#! e/#"yees te! s*0

(>) /"nts "

!ent*+es*.

1. Ent*t#e$ t" n $$*t*"n#

$e$u+t*"n !"/ te*! 2!"ss

*n+"/e " &5< " te t"t#

/"unt *$ t" $*sb#e$. &.

De$u+t*"n !"/ te*!

t0b#e *n+"/e " 5?< "

te $*!e+t +"sts " te*/!"%e/ents "!

/"$*f+t*"ns.

APPRENTICE LEARNERS HANDICAPPED WORKERS


29/49

DURATION /"!e tn t!ee /"nts n"t"%e! tn s*0 (>) /"nts

#ess tn t!ee (-) /"nts N" f0e$ $u!t*"n s t"*!*n2 s" tt te e/#"ye!

/y f0 te $u!t*"nWAGE RATES Gen. Rule4 e/#"ye! /ust

y t #est ;5< " te

/*n*/u/ ,2e.

Exceptin!@ 1. T!*n*n2 "nte "b *s !e6u*!e$ by te

s+""# "! t!*n*n2 !"2!/

+u!!*+u#u/ "! &. It *s

!e6u*s*te "! 2!$ut*"n "!

b"!$ e0/*nt*"n.

Must be *$ n"t #ess tn

;5< " te /*n*/u/ ,2e *

te 2!ee/ent *s s*#ent "n

te ,2e !te "! * e/#"ye$*n *e+e4!te "bs "!

*n+ent*%e4!te "bs $u!*n2

te t!*n*n2 e!*"$B /ust be

*$ *n u## "! te ,"!

$"ne.

Py/ent s## n"t be #esstn ;5< " te /*n*/u/

,2e.

"OURS OF

WOR#$OVERTIME

H"u!s " ,"! s## n"t

e0+ee$ te /*n*/u/

nu/be! " "u!s " ,"!!es+!*be$ by #,. Cn ,"!

"%e!t*/e !"%*$e$ te!e !e

n" !e2u#! ,"!e!s t" $" te

"bB *s *$ "%e!t*/e y

++"!$*n2#y n$ te t*/e

sent "n "%e!t*/e ,"! *s

$u#y +!e$*te$ t" *s t!*n*n2

"u!s.ENFORCEMENT OF

AGREEMENT

N" e!s"n s## *nst*tute ny

+t*"n "! te en"!+e/ent

" ny !ent*+es*

2!ee/ent "! "! $/2es

"! b!e+ te!e"B un#ess e

s e0uste$ ## %*#b#e

$/*n*st!t*%e !e/e$*es.

Te #nt !ent*+es*+"//*ttee s## %e *n*t*#


30/49

'/F+L=C AC 6. 3301

Commonly known as>

echnical 'ducation kills)e!elopment AC o# 00-


31/49

Dec(%r%ti$n $f P$(ic= 0Sec. 7#

pro!ide rele!ant, accessible, high $uality ande##icient technical education and skills de!elopmentin support o# the de!elopment o# high $ualityGilipino middle?le!el manpower responsi!e to andin accordance with /hilippine de!elopment goalsand priorities

encourage acti!e participation o# !arious concernedsectors, particularly pri!ate enterprises, being directparticipants in and immediate bene#iciaries o# atrained and skilled work#orce, in pro!iding technicaleducation and skills de!elopment opportunities


32/49

Wh%t is sBi((s *e2e($p,ent %n*Technic%( E*)c%ti$n&

kills )e!elopment shall mean the process through whichlearners and workers are systematically pro!ided withlearning opportunities to ac$uire or upgrade, or both, theirability, knowledge and beha!ior pattern re$uired as

$uali#ications #or a job or range o# jobs in a gi!en occupationalarea echnical 'ducation shall re#er to the education process

designed at post?secondary and lower tertiary le!els, o##iciallyrecogni*ed as non?degree programs aimed at preparing

technicians, parapro#essionals and other categories o# middle?le!el workers by pro!iding them with a broad range o# generaleducation, theoretical, scienti#ic and technological studies,and related job skills training( ec. -b?c


33/49

Wh%t is Apprentice Apprentice A+ree,ent%n* Apprentice%'(e Occ)p%ti$n&

Apprenticeship training within employment withcompulsory related theoretical instruction in!ol!ing acontract between an apprentice and an employer on anappro!ed apprenticeable occupation

Apprenticeship Agreement is a contract wherein aprospecti!e employer binds himsel# to train theapprentice who in turn accepts the terms o# training #ora recogni*ed apprenticeable occupation emphasi*ing

the rights, duties and responsibilities o# each party Apprenticeable 6ccupation is an occupation o##icially

endorsed by a tripartite body and appro!ed #orapprenticeable by the Authority (ec. -g, l, m


34/49

Wh$ is %n %pprentice& ;$< %'$)tthe (e%rners&

Apprentice is a person undergoing training #oran appro!ed apprenticeable occupation duringan apprenticeship agreement( ec. - k

Learners re#er to persons hired as trainees insemi?skilled and other industrial occupations which are non?apprenticeable.( ec. - n


35/49

COMPOSITION OF T;E A/T;ORITY AND @OARD

')A +oard and ')A ecretariat( ec. 1 ')A +6A)> ecretary o# Labor and 'mployment ? Chairperson ecretary o# 'ducation, culture and ports?Co?Chairperson ecretary o# rade and =ndustry ?Co?Chairperson ecretary o# =nterior and Local @o!ernment ?ember )irector @eneral o# the ')A ecretariat Hember

/ri!ate ectors> 9 representati!es #rom the employer;industry

organi*ation, one is a woman % representati!es #rom laborsector, one is a woman and two representati!es o# the nationalassociations o# pri!ate technical?!ocational education andtraining institutions, one o# whom shall be a woman( ec. 3


36/49

P$

. promulgate, a#ter due consultation with industry groups, trade

associations, employers, workers, policies, plans, programs andguidelines as may be necessary #or the e##ecti!e implementation o# this

Act

9. organi*e and constitute !arious standing committees, subsidiarygroups, or technical working groups #or e##icient integration,

coordination and monitoring technical education and skillsde!elopment programs at the national, regional, and local le!els

%. enter into, make, e4ecute, per#orm and carry?out domestic and #oreigncontracts subject to e4isting laws, rules and regulations among others(ec.8


37/49

A)th$rit= sh%((

establish echnical 'ducation and kills )e!elopmentCommittees at the regional and local le!els to coordinate andmonitor the deli!ery o# all skills de!elopment acti!ities by thepublic and pri!ate sectors (ec. 0

strengthen the network o# national, regional and local skillstraining centers #or the purpose o# promoting skillsde!elopment( ec. 92

#ormulate a comprehensi!e de!elopment plan #or middle?le!elmanpower based on a national employment plan or policies #or theoptimum allocation, de!elopment and utili*ation o# skilled workers #or employment entrepreneurship and technologyde!elopment #or economic and social growth (ec. 9


38/49

A)th$rit= sh%((

assist any employer or organi*ation engaged in skills trainingschemes designed to attain its objecti!es under rules and regulations which the Authority shall establish #or this purpose (ec. 9-

de!elop and administer appropriate incenti!e schemes to encourage

go!ernment and pri!ate industries and institutions to pro!ide high?$uality technical education and skills de!elopment opportunities.( ec. 93

design and implement an e##ecti!e and e##icient deli!ery system #or

$uality technical education and skills de!elopment opportunitiesparticularly in disad!antaged sectors, with new tools o# wealthcreation and with the capability to take on higher !alue?added gain#ulacti!ities and to share e$uitably in producti!ity gains ( ec. 98


39/49

Rep)'(ic Act N$. 5755

M%+n% C%rt% f$r Dis%'(e* Pers$ns grantsthe rights and pri!ileges #or disabled personsguided with #i!e principles>

)isabled persons are part o# the /hilippine society )isabled persons ha!e the same rights as other

people to take their proper place in society he rehabilitation o# the disabled persons shall be

the concern o# the @o!ernment in order to #ostertheir capability to attain a more meaning#ul,producti!e and satis#ying li#e.


40/49

he tate also recogni*es the role o# the pri!atesector in promoting the wel#are o# disabledpersons and shall encourage partnership in

programs that address their needs andconcerns. o #acilitate integration o# disabled persons

into the mainstream o# society, the tate shall

ad!ocate #or and encourage respect #or disabledpersons( ec. 9


41/49

Wh$ %re Dis%'(e* Pers$ns&

hey are those su##ering #rom restriction o#di##erent abilities, as a result o# a mental,physical or sensory impairment, to per#orm an

acti!ity in the manner or within the rangeconsidered normal #or a human being ( ec. -a


42/49

Wh%t is *is%'i(it= %n* h%n*ic%p&

)isability H shall mean ( a physical or mentalimpairment that substantially limits one or morepsychological, physiological or anatomical#unction o# an indi!idual or acti!ities o# suchindi!idual (9 a record o# such an impairment or(% being regarded as ha!ing such an impairment

"andicap H re#ers to a disad!antage #or a gi!en

indi!idual resulting #rom an impairment or adisability, that limits or pre!ents the #unctions oracti!ity, that is considered normal gi!en the ageand se4 o# the indi!idual( ec. -c?d


43/49

Wh$ is % -)%(ifie* in*i2i*)%(


44/49

RI3;TS %n* PRI>ILE3ES $fDISA@LED PERSONS

'/L6I'

a. '$ual 6pportunity #or 'mployment( ec. 5

b. heltered 'mployment( ec.1

c. Apprenticeship (ec. 3d. Jocational ehabilitation ( ec. 0

e. Jocational @uidance and Counseling ( ec. 2


45/49

INCENTI>ES FOR EMPLOYER 0Sec. 8#

ade$uate incenti!es shall be pro!ided to pri!ate entities which employ disabledpersons.

(b. /ri!ate entities that employ disabled persons who meet the re$uired skills or$uali#ications, either as regular employee, apprentice or learner, shall be entitledto an additional deduction, #rom their gross income, e$ui!alent to twenty?#i!epercent (95D o# the total amount paid as salaries and wages to disabled persons>

/ro!ided that . such entities present proo# as certi#ied by the )epartment o#Labor and 'mployment that disabled person are under their employ an saiddisabled employee is accredited with the )6L' and the )6" as to his disability,skills and $uali#ications.

(c. /ri!ate entities that impro!ed or modi#y their physical #acilities in order topro!ide reasonable accommodation #or disabled persons shall also be entitled toan additional deduction #rom their net ta4able income, e$ui!alent to #i#ty percent(52D o# the direct costs o# the impro!ements or modi#ications. his section,howe!er, does not apply to impro!ements or modi#ications o# #acilities re$uiredunder +atas /ambansa +ilang %--.


46/49

PRO;I@ITION ON DISCRIMINATION A3AINST DISA@LED PERSONS

o entity, whether public or pri!ate, shalldiscriminate against a $uali#ied disabled person by reason o# disability in regard to job

application procedures, the hiring, promotion,or discharge o# employees, employeecompensation, job training, and other terms,conditions, and pri!ileges o# employment.

( ec. %9


47/49

Wh%t %re *iscri,in%tin+ %cts&

(a. Limiting, segregating or classi#ying a disabled jobapplicant in such a manner that ad!ersely a##ects his workopportunities

(b. Fsing $uali#ication standards, employment tests or

other selection criteria that screen out or tend to screen outa disabled person unless such standards, tests or otherselection criteria are shown to be job related #or the positionon $uestion and are consistent with business necessity

(c. Ftili*ing standards, criteria, or methods o#administration that>

. ha!e the e##ect o# discrimination on the basis o#disability or 9. perpetuate the discrimination o# others whoare subject to common administrati!e control


48/49

(d. /ro!iding less compensation, such as salary, wage or other #orms o#remuneration and #ringe bene#its, to a $uali#ied disabled employee, by reason o#his disability, than the amount to which a nondisabled person per#orming thesame work is entitled

(e. Ga!oring a non?disabled employee o!er a $uali#ied disabled employee withrespect to promotion, training opportunities, study and scholarship grants,solely on account o# the latter7s disability

(#. e?assigning or trans#erring a disabled employee to a job or position hecannot per#orm by reason o# his disability

(g. )ismissing or terminating the ser!ices o# a disabled employee by reason o#

his disability unless the employer can pro!e that he impairs the satis#actoryper#ormance o# the work in!ol!e to the prejudice o# the business entities/ro!ided, howe!er, hat the employer #irst sought pro!ide reasonableaccommodations #or disabled persons

(h. Gailing to select or administer in the e##ecti!e manner employment tests which accurately re#lect the skills, aptitude or other #actor o# the disabled

applicant or employee that such test purports to measure, rather than theimpaired sensory, manual or speaking skills o# such applicant or employee, i#any and

(i. '4cluding disabled persons #rom membership in labor unions or similarorgani*ation.


49/49

C%n % *is%'(e* %pp(ic%nt 'e s)'ecte*t$ ,e*ic%( e:%,in%ti$n&

Ies on the #ollowing occasions> (a. all entering employees are subjected to such an e4amination

regardless o# disability (b. in#ormation obtained during the medical condition or history o#

the applicant is collected and maintained on separate #orms and inseparate medical #iles and is treated as a con#idential medicalrecord, /ro!ided, howe!er, hat> . super!isors and managers may be in#ormed regarding necessary restrictions on the work or dutieso# the employees and necessary accommodations 9. #irst aid andsa#ety personnel my be in#ormed, when appropriate, i# the disability

might re$uire emergency treatment %. go!ernment o##icialsin!estigating compliance with this Act shall be pro!ided rele!antin#ormation on re$uest and -. the results o# such e4amination areused only accordance with this Act( ec.%%, itle %, A 3933

special types of workers

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