Can Employers In Saskatchewan Request Specific Tests During An IME?

Brief Overview:In Saskatchewan, employers have the right to request specific tests during an Independent Medical Examination (IME) as part of their disability management process. However, there are certain guidelines and considerations that must be followed to ensure fairness and compliance with local regulations.

Yes, employers in Saskatchewan can request specific tests during an IME.

Supporting Facts:

1. Balancing rights: While employers have the right to request specific tests, it is important to balance this with the employee’s privacy rights and medical confidentiality.
2. Relevant tests: Employers should only request tests that are directly related to the employee’s ability to perform their job duties or assess any potential accommodation needs.
3. Reasonable requests: Employers must make reasonable requests for tests and provide justification for why they are necessary for assessing the employee’s condition accurately.
4. Expert opinion: The employer may consult a Disability Management professional or a healthcare expert who can recommend appropriate diagnostic procedures based on the individual case.
5. Documentation requirement: Employers need to document their rationale behind requesting specific tests and communicate these requirements clearly with both employees and independent medical professionals involved in the IME.


Q1. Can I ask an employee for any test during an IME?
A1. You can only request tests that are relevant to evaluating the employee’s fitness for work or identifying accommodation needs.

Q2. What if my requested test goes against the advice of treating physician?
A2. It is crucial to consider conflicting opinions between your requested test and treating physicians’ recommendations carefully before proceeding further.

Q3.Can I choose which healthcare practitioner conducts an IME?
A3.Yes, you have some say in selecting a qualified healthcare professional based on their specialization matching your requirements.

Q4.Do I need written consent from employees before requesting specific testing?
A4.It is good practice but not always necessary; however proper communication regarding expectations is required under employment law obligations

Q5.What if an employee refuses to undergo specific testing?
A5.If the request for a specific test is reasonable, you may consider discussing the importance and consequences of refusal with the employee. In some cases, it may impact their benefits or work status.

Q6. What if an examiner does not agree with my requested tests?
A6. It is crucial to have open communication with the independent medical professional conducting the IME and explore alternative assessments that achieve your objective.

Q7.How can I ensure compliance with privacy laws during this process?
A7.Ensure that any personal health information collected during the IME is handled in accordance with applicable legislation, such as Saskatchewan’s Health Information Protection Act (HIPA).

BOTTOM LINE: Employers in Saskatchewan can request specific tests during an IME but must do so within reasonable limits, considering relevancy and sharing clear justifications for these requests. Effective communication between all parties involved helps minimize conflicts and ensures compliance with privacy laws and regulations related to disability management processes.