Creating written job descriptions is often considered an inconvenient chore. Arguments follow that writing a descriptive outline of an employee’s normal job tasks is not worth the effort. A good risk manager knows, however, that written job descriptions can help an organization in several critical areas:
- Job descriptions are essential for reducing workers’ compensation costs and returning employees back to modified or full duty work in a timely manner after a workplace injury. Before a treating physician agrees to release an employee back to work, most will require a description of the job and the physical demands necessary for performing the job tasks. Supplying the physician with job descriptions for modified and full duty positions at the start of treatment will help bring injured employees back to work in a timely fashion.
- Employers covered by the Americans with Disabilities Act (ADA) or similar state laws should prepare written job descriptions in advance of an issue. This will provide an initial starting point for reviewing obligations and liabilities the employer may be subject to under the corresponding act. The ADA makes it critical for employers to maintain accurate job descriptions that include the essential functions of the job. Reasonable accommodations can be determined only when reviewing against accurate job descriptions.
- Proper employee classification depends largely upon accurate job descriptions. Proper documentation can prevent Fair Labor Standards Act (FLSA) claims and other issues.
- A written job description can be a useful tool in a job interview. The job applicants can be asked if they can perform the essential functions of the job by reviewing the position’s job description. This will help support hiring decisions and also provide defenses for ADA, discrimination or other claims that may arise.
- Written job descriptions can be used in performance evaluations, disciplinary actions and terminations. This will again provide a defense against employment related litigation including retaliation claims.
- Written job descriptions can assist your organization in reviewing Equal Pay Act requirements.
Risk Manager’s Takeaway:
Make the effort to create accurate written job descriptions and they will likely save you time and money over the long haul.
