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From The National Standards Commission
How to Score Standard HW.23 (Staff Health History)
Standards HW.23 (Staff Health History) and HW.19 (Medication Storage and Administration) were revised in late January 2012. ACA is very aware this revision was late and that many camps had already created and disseminated their health history forms. Because of this, a camp that meets standard HW.23 from the “original” printing of the 2012 APG or the January 2012 standard as revised WILL MEET this standard for the 2012 season. All camps are expected to come into compliance with this standard for the 2013 season. Keep reading for the rationale as to why ACA revised these two standards.
Revisions to HW.23 and additional information in the Contextual Education of HW.19 and HW.23 are based on the Equal Employment Opportunity Commission guidance memorandum that states:
May an employer ask all employees what prescription medications they are taking?
Generally, no. Asking all employees about their use of prescription medications is not job-related and consistent with business necessity. In limited circumstances, however, certain employers may be able to demonstrate that it is job-related and consistent with business necessity to require employees in positions affecting public safety to report when they are taking medication that may affect their ability to perform essential functions. Under these limited circumstances, an employer must be able to demonstrate that an employee's inability or impaired ability to perform essential functions will result in a direct threat. For example, a police department could require armed officers to report when they are taking medications that may affect their ability to use a firearm or to perform other essential functions of their job. Similarly, an airline could require its pilots to report when they are taking any medications that may impair their ability to fly. A fire department, however, could not require fire department employees who perform only administrative duties to report their use of medications because it is unlikely that it could show that these employees would pose a direct threat as a result of their inability or impaired ability to perform their essential job functions.