oint presentation on employment and disability …
TRANSCRIPT
JOINT PRESENTATION ON EMPLOYMENT AND DISABILITY PROCESSES
Board of Retirement November 7, 2013
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COUNTY OF SAN DIEGO
EMPLOYMENT CAREER LIFECYCLE
Janice Mazone, Deputy Director Department of Human Resources
Dennis Floyd, Senior Deputy County Counsel
AGENDA Overview of Employment Career
Lifecycle
• Applicant Pool • Pre-employment Medical Process &
Background Process • Prevention Programs • Employee Accident/Injury/Illness
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Applicant Pool
Background &
Pre-Employment
Medical
Employee Accident/
Injury/Illness
Official Employment
& Prevention Programs
Retirement Process
Applicant Pool
Applicant Pool Statistics
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
Applications Received Application Pool Conditional Offers Made
40,945
15,977
2311
70,387
30,346
2827
88,069
38,612
2093
CA 2010 CA 2011 CA 2012
(39.0%)
(43.8%)
(43.1%)
(5.6%) (4.0%) (2.4%)
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Pre-Employment Process Before Conditional Job Offer
Skills Assessment & Evaluation
• Essential Job Functions
• Assessment Centers
• Performance Testing
• Departmental Interview
• Conditional Offer
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Applicant Pool
Background &
Pre-Employment Medical
Pre-Employment Background Conditional Job Offer
• Backgrounds are performed • Criminal
• DOJ & FBI • Access to Children • Financial • DMV • Psychological Exams – POST
• Sheriffs, Probation, Medical Examiner and District Attorney
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Pre-Employment Medical Process Conditional Job Offer
• The purpose of the pre-employment medical
• Identify limitations directly related to essential functions of the job
• Medical Evaluator will assess the candidate using
• Medical Evaluation • Medical History • Essential Job Functions
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Pre-Employment Medical Process Conditional Job Offer
• Medical Evaluator can issue 5 outcomes • Recommend • Recommend with Temporary Limitations • Recommend with Permanent Limitations • Medical Hold • Non Recommend
• Medical Evaluator will issue Limitations and/or restrictions based on the essential job functions
• The department determines their ability to accommodate
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Pre-Employment Medical Process Historical Results
0
500
1000
1500
2000
2500
3000
3500
Total Applicants Screened
Pass W/O Limitations
Pass W/Limitations Medical Disquailification
2285
1953
295 37
2748
2371
342 35
3431
2891
465
75
2010-11 2011-12 2012-13
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Pre-Employment Process Law Enforcement Positions - POST
Medical Examination is based on the Peace Officers Standards and Training Guidelines
• Hearing • Heart • Back
Department Sheriff/Cadet Academy • Agility • Physical Fitness
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Pre-Employment Process Law Enforcement Positions
6.9%
0
500
1000
1500
2000
2500
3000
2009-2010 2010-2011 2011-2012 2012-2013
1819 2042
2210
2914
135 243
538 517
General Sheriffs
1954 2285 2748 3431
10.6%
19.6% 15.1%
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Pre-Employment Process Limitations Issued by Medical Evaluator • Departments are notified of limitations and are
required to respond
• Address if they can accommodate the limitation(s) • What level of reasonable accommodation they can
accept • Address complex limitation questions with County
Counsel • If limitation(s) cannot be accommodated the offer is
rescinded
• Departments are not required to hold positions open
• Returning an employee to an eligibility list is considered a reasonable accommodation
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Pre-Employment Medical Process Pre-Existing Conditions
Future Injury Consideration?
• Medical Evaluator can only consider current medical conditions
• Based on essential job functions
• County cannot disqualify for “likelihood” of future injury
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Not Applicable in Hiring Process • Prior Injuries
• Prior Workers’ Comp Claims
• Disabilities that do not result in limitations
• Limitations that do not relate to EJF’s
• Risk that applicant/employee’s disability may lead to future injury
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Applicant Pool
Background &
Pre-Employment
Medical
Official Employment
& Prevention Programs
Surveillance Programs Specific to Job Classification • Annual Programs
• Omnibus • Federal, Non Federal
• HazMat • Lead • Hearing • Aerosol Transmittable Diseases ATD • Rabies • Hepatitis A and B
• 5 Year Safety Physical • Heart Trouble
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Prevention Programs Employee Wellness Program
• To develop healthy choices that reduce personal risk factors by engaging and sustaining a productive, active and accountable workforce.
WSSH Program • The Work Safe/Stay Healthy program encourages all
County employees to work safely and thereby reduce the incidents of injury and their associated costs.
Employee Assistance Program • Provide a confidential program to facilitate the emotional
well being of employees and their families in order to maintain a productive workforce to conduct the business of the County.
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Applicant Pool
Backgrounds &
Pre-Employment
Medical
Employee Accident/
Injury/Illness
Official Employment &
Prevention Programs
Employee Accident/Injury/Illness
Service Related • Industrial accident/injury/illness • Inability to perform essential job functions
Non Service Related
• Not related to a workplace injury or illness • Inability to perform essential job functions
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Interactive Process Service Related
• When permanent work restrictions are issued by the physician in a medical report
• Workers’ Compensation notifies the department of the restrictions
• Department determines if they can accommodate the employee through one of the following:
• Modified work • Alternative work
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Interactive Process Service Related
Accommodations • Job Restructuring • Alternate Assignments • New Position
• Minimum Qualifications • Promotion is not a Reasonable Accommodation • Effect of the Civil Service & Seniority Rules
• Leave of Absence • Length of Absence • With Right to Return? • If Unable to Return Refer to Retirement
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Interactive Process Department
Interactive Process • Meeting with Employee
• Review pertinent documentation • Consider EJF’s
• Identify Limitations with Employee • Propose Accommodations
• Department and employee • Department(s) makes Final Decision on
Accommodation(s)
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Interactive Process If the Department cannot
accommodate
• Employee is referred to HR Services
• HR Services interacts with employee to locate possible alternate positions countywide
• If no accommodation is found the employee is eligible to file for disability retirement
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Applicant Pool
Background &
Pre-Employment
Medical
Employee Accident/
Injury/Illness
Official Employment
& Prevention Programs
Retirement Process
A ROADMAP TO DISABILITY RETIREMENT
Disability Retirement In Perspective
17,252
1,644
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
2012
Total County Employees Worker's Compensation Claims Filed Disability Retirement Applications
62
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The Administrative Recommendation
Administrative Recommendation
• Background Facts
• Summary of evidence submitted by Applicant and the Association
• Proposed motion to adopt the administrative recommendation
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The Supporting Documents
• The Application for Disability Retirement
• Applicant’s Evidence – Medical Reports
– Personnel Records
• Association’s Evidence – Medical Reports
– Department Accommodation
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Staff Memorandum
Investigation • Intake Interview • Medical Records • Personnel Records • Medical Evaluation (SDCERA Panel Physician)
Legal Concurrence • Permanent Incapacity • Service Connection • Effective Date • Threshold Issues
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The Board’s Decision on Staff’s Recommendation
Application is GRANTED • Disability retirement allowance commences; OR • Re-Employment with the County of San Diego
Application is DENIED • Reinstatement (if not already service retired) • Regular Service Retirement • Writ of Mandate
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The Hearing De Novo
Request for Hearing De Novo
•30 days from Admin. Recommendation
Hearing De Novo
•150 days from Request for Hearing De Novo
Hearing Officer’s Recommended Decision
•30 days from Hearing De Novo
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The Board’s Decision on Staff’s Recommendation
Application is GRANTED • Disability retirement allowance commences; OR • Re-Employment with the County of San Diego
Application is DENIED • Reinstatement (if not already service retired) • Regular Service Retirement • Writ of Mandate
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Re-Assessment
The Board May Require Re-Evaluation of a Disability Beneficiary
• Under age 55 • Based on subjective claims • Board doctor recommended re-evaluation • Relatively young, w/factors of improvement in medical
condition • Additional treatment or surgery • Member engages in activity exceeding medical restrictions • Board-requested re-evaluation
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Opportunities • Explore increased record and data sharing
– SDCERA to request interactive process records – SDCERA to provide statistics on disability
applications by age, injury and department – County to identify potential re-employment
opportunities for disabled retirees – SDCERA to identify retired members slated for re-
evaluation – Quarterly meetings
• Increase awareness of Supplemental Disability – Applicants report need for more assistance
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