Can Employers In Nova Scotia Request Specific Tests During An IME?

Brief Overview: Employers in Nova Scotia have the right to request specific tests during an Independent Medical Examination (IME). However, there are limitations and guidelines that employers must adhere to when making such requests.
Answer: Yes, employers in Nova Scotia can request specific tests during an IME. However, they must take into consideration the following facts:

1. Reasonable relevance: The requested tests must be reasonably relevant to determine the employee’s ability to perform their job duties or assess their fitness for work.

2. Health and safety considerations: Employers may request certain tests if there are legitimate concerns regarding workplace health and safety related issues.

3. Privacy rights: The employer should ensure that any requested test does not infringe upon the privacy rights of the employee undergoing the examination.

4. Medical expertise requirement: Employers should only request tests that can be conducted by qualified medical professionals who have expertise in conducting these particular assessments.

5. Accommodation needs: When requesting specific tests, employers should also consider any reasonable accommodation needs of the employee as required by human rights legislation.


1. Can an employer demand any test during an IME?
– No, employers can only request tests that are reasonably relevant to determine fitness for work or job-related capabilities.

2. Are employees obligated to undergo all requested tests?
– Employees are generally expected to cooperate with reasonable requests made by their employer as long as they don’t violate their privacy rights or other legal protections.

3. What happens if there is a disagreement over the relevancy of a test?
– In case of a dispute over a specific test’s relevancy, it is advisable for both parties to seek legal advice or involve a neutral third-party mediator if necessary.

4. Can employees refuse consent for specific testing?
– Employees may refuse consent for testing but need careful consideration as refusal could lead to potential consequences like denial of benefits or employment termination depending on the circumstances.

5. Can employers request medical records in addition to specific tests?
– Employers can generally request relevant medical information, but they must comply with privacy legislation and only obtain the necessary information for assessing fitness for work.

6. What if an employer exceeds their rights in requesting tests during an IME?
– If an employer goes beyond reasonable requests or infringes on an employee’s rights, it may lead to legal avenues being pursued by the affected party.

7. Does the jurisdiction affect what tests can be requested during an IME?
– Yes, each jurisdiction may have specific regulations or guidelines that limit or govern what types of tests can be requested during an IME.

BOTTOM LINE: In Nova Scotia, employers have the right to request specific tests during an IME as long as they are reasonably relevant to assess job-related capabilities or fitness for work. However, employers should ensure they adhere to privacy legislation and consider any reasonable accommodation needs of employees. It is essential for both parties involved to understand their rights and obligations concerning testing requests during an Independent Medical Examination.