Workplace psychiatric evaluations

Overview

The NPC considered a proposal to require psychiatric assessment of all agency personnel and send results to the executive director. A draft agreement with a treatment center did not itself establish authority for compulsory testing or unrestricted receipt of full results. The opinion examined voluntariness, a lawful basis, and whether a fitness certificate would suffice.

Practice implications

Parao Law practice guidance

For physicians

Before conducting an employment-related assessment, clarify its clinical and occupational purpose, what the employer actually needs, and who receives the result. Avoid routine delivery of a full psychiatric report when a limited fitness finding can serve the purpose.

For lawyers

Assess the specific legal basis for both the examination and disclosure of sensitive results. A service agreement alone is not a lawful basis. Draft clear participation, access, retention, and limited-reporting terms; other statutory grounds may matter in different facts.