March 9, 2004

Re: Physical Standards Testing

We write to inform you of the PBA’s efforts on your behalf regarding participation in the NYPD’s recently announced Physical Standards Testing (“PST”) program, which commenced on March 7, 2004.

According to the Department, the PST was developed by an outside vendor selected by the Department of Citywide Administrative Services (“DCAS”) to develop a defensible entry level physical fitness standard based on identified job-related physical abilities and required tasks of current uniformed members of the service. Initially, before the Department consulted with the PBA, the PST, which consists of a 1.5-mile run, a 300-yard run, agility testing, a vertical jump, and bench pressing, among other things, was to be mandatory for all participants randomly selected by the Department from the Patrol Services, Housing and Transit Bureaus. In addition, it is our understanding that the organization conducting the testing, Health Metrics, Inc. (“HMI”), required participants to sign Informed Consents before participating in the program, essentially waiving participants’ right to sue for injuries suffered during testing.

Following a meeting between representatives of the PBA and the Department, and after the Department received a letter from the PBA detailing our specific questions and concerns regarding the program, participation in the program is no longer mandatory and members are not required to sign Informed Consents. In addition, the Department informed us that individual participants’ personal health information and testing results will not be shared nor used for any other purpose other than to provide statistical information to HMI, for developing a physical fitness standard for prospective NYPD police recruits.

Listed below are answers provided by the Department to the PBA in response to some of the frequently asked questions concerning the PST:

Q: Is participation in the program mandatory?

A: Appearance at the testing site as directed is mandatory, however, participation in the testing is based on individual member’s review of the PAR-Q, and response to the risk factors detailed therein. Members who opt out of the testing will not be ordered to participate against their judgment.

Q: To what extent, if any, must candidates sign informed consents?

A: Candidates will not sign Informed Consents.

Q: To what extent, if any, are candidates subject to medical screening or physical examination by medical doctors prior to participating in the testing?

A: Candidates are given the PAR-Q questionnaire to review for risk factors precluding their participation, and affording them the opportunity to recuse themselves from the testing. Candidates will receive mandatory blood pressure testing at the test site.

Q: Will medical professionals, including physicians, be available at all stages of the testing?

A: Yes. The Supervising Chief Surgeon will assign Department Surgeons and Honorary Surgeons to the site for review of PAR-Q and through all phases of testing.

Q: To what extent, if at all, will candidates who believe that they are unable to participate in one or more components of the testing be permitted to choose not to participate?

A: Candidates who, upon review of the Risk Factor sheet and PAR-Q, deem themselves to be at risk, have the option to recuse themselves from the testing. While HMI ideally prefers an “all or nothing” participation for the purpose of study validity and completion, they are willing to allow for opting out from specific tasks based on case-by-case review of candidate concerns. For example, if a candidate participates in the testing, but decides that performing sit-ups would be adverse to his/her health due to back pain, the candidate would be removed from that testing station at their request.

Q: Will HMI provide individualized health care data of participants to any other person or entity, including the NYPD?

A: No.

Q: In the event that participants suffer any injury in the course of the testing, will such injuries be designated as Line of Duty and subject to all of the protections and privileges of such designation?

A: Yes.

We urge all members selected to participate in the program to consider seriously all of the risk factors and their individual physical fitness before agreeing to participate in the program. We also ask that the PBA be contacted immediately if any member should be pressured or forced into participating in the program against their will. We will be monitoring the administration of the program and will keep you advised of any further developments.

Fraternally,

Patrick J. Lynch
President

Home
What's New • Contract
PBA in the News • PBA Press Releases • PBA Publications
From Pat Lynch • Contact Us • General Counsel • Benefits • Forms • Employment
Political Action • Outside Links • Photo Gallery • Offers & Discounts • In Memoriam