The process of classification or verification of disability can be both complex and confusing. Generally a medical certificate is insufficient evidence of disability since not every medical condition results in a disability. The medical definition and the legal definition of disability vary significantly.
MEDICAL DEFINITION OF DISABILITY
The International Classification of Functioning, Disability and Health (ICF) defines disability as an umbrella term for impairments, activity limitations and participation restrictions. Disability is the interaction between individuals with a health condition (e.g. cerebral palsy, Down syndrome and depression) and personal and environmental factors (e.g. negative attitudes, inaccessible transportation and public buildings, and limited social supports). https://www.who.int/news-room/fact-sheets/detail/disability-and-health
LEGAL DEFINITION OF DISABILITY
The Code of Good Practice on Key Aspects of Disability in the Workplace documented under the Employment Equity Act No 55, of 1998 also states that “Employers should reasonably accommodate the needs of people with disabilities.” Section 5 of the Code of Good Practice states the following with regards to defining persons with disabilities under the act:
“The scope of protection for people with disabilities in employment focuses on the effect of a disability on the person in relation to the working environment, and not on the diagnosis of the impairment.
Only people who satisfy all the criteria in the definition:
(i) long-term or recurring;
(ii) having a physical or mental impairment;
(iii) which substantially limits, are considered as persons with disabilities."
This essentially states that in order for a potential candidate to be classified as “disabled” under the law (EEA) they have to comply with all 3 criteria and an Occupational Therapist is best placed to assess and determine an individual’s functional capacity and compliance with all three criteria.
PURPOSE OF THE ASSESSMENT
The assessment is therefore used to determine if an employee or learner could be legally classified as disabled according to the Employment Equity Act definition.
PURPOSE OF THE REPORT
The findings of the assessment are compiled into a report to confirm if a disability exists. Ideally, the verification should be done together with a Pre-Work Screening which will assist an employer identify required reasonable accommodations which might facilitate productive employment within the working environment. The report documents what reasonable accommodations would be required and/or any health and safety concerns.
EXECUTION OF THE ASSESSMENT
The assessment can be conducted virtually, if appropriate but otherwise carried out at the practice. It normally takes 45 minutes. Standardised tools are used when relevant. Clients are requested to bring a list of medications, any medical documents, assistive devices (glasses, wheelchair, hearing aids, crutches etc.) and to wear comfortable clothing.