Incumbent Physical Ability Testing

Fire & Police Selection, Inc. (FPSI) © 2011

WWW.FPSI.COM

Maintaining Physical Standards Using Physical Ability Tests: Are Your Incumbents Fit for the Job?

August 26, 2011

Dan Biddle, PhDStacy L. Bell, MSAlisa Arnoff, Esq.


About the Speakers

• Dan Biddle, PhD—President/CEO of Fire & Police Selection, Inc. (FPSI) and Biddle Consulting Group

• Stacy L. Bell, MS—Executive Vice President of Fire & Police Selection, Inc.

• Alisa Arnoff, Esq.—Attorney with Scalambrino & Arnoff, LLP


Presentation Overview

• Review of critical firefighter physical abilities • Comparison of fitness testing vs. work-sample

testing• Legal pitfalls associated with arbitrary fitness

tests and the risks associated with employing inappropriate standards at the incumbent level

• Appropriate techniques to use for setting PAT cutoff scores for new hires and for incumbents

• Importance of “maintenance/wellness” testing of incumbents


Critical Firefighter Physical Abilities

• 1994-1996 Firefighter Physical Ability Validation Study◦ 331 Fire Suppression Personnel from 41 fire departments

identified the critical physical duties performed by fire suppression personnel:

– Hose drags (dry and charged)– Ladder raises, removal, and carries– Walking and operating on ladders– Searching for fire extension– Removing conscious/unconscious victims from fire scene– Ventilation techniques– Climbing stairs while carrying tools/equipment– Hoisting operations


Comparing Fitness Tests to Work-Sample Tests

• Examples of Fitness Tests◦ 1.5 mile run◦ Push-ups/Pull-ups◦ Sit-ups◦ Aerobic Capacity – Sub Maximal Stress Test ◦ Muscular Endurance & Strength (Arms & Legs) ◦ Flexibility Measurements (Shoulder, Trunk, & Legs) ◦ Body Fat Composition and BMI

• Samples of Work Sample Tests◦ Hose drags: http://fpsi.com/fire/video/fsi1.mpg

http://fpsi.com/fire/video/fsi2.mpg

◦ Walking/working on ladders: http://fpsi.com/fire/video/fsi4.mpg◦ Removal of unconscious/conscious victim:

http://fpsi.com/fire/video/fsi7.mpg◦ Climbing stairs with tools/equipment:








What’s the Big Difference Between a Fitness Test and a Work Sample Test?• Fitness Tests measure a person’s fitness (in general) and

then make the inference that “if they have fitness level X they should be able to perform the job of Y”

• Some fitness tests (e.g., VO2 Max/Cardio fitness) require factoring age and gender into the equation◦ This can be tricky with various employment

discrimination laws and federal enforcement agencies• Work Sample tests directly measure whether

applicants/incumbents can perform the job task.◦ They answer the question: “Irrespective of this person’s

age, gender, race, or disability, can they do the job?”


NFPA 1583: Standard on Health-Related Fitness Programs for Firefighters• In August of 2000, the NFPA published the current standard

on health-related fitness programs for firefighters. The standard requires:

◦ Fire departments shall require structured participation of the health-related fitness program

◦ All members shall participate annually (at least) in a fitness assessment which measures:

– Aerobic capacity– Body composition– Muscular strength– Muscular endurance– Flexibility


The Reality of Firefighter Fitness Programs

Population of CommunityYES NO TOTAL

Number Depts.

PercentNumber Depts.

PercentNumber Depts.

Percent

1,000,000 or more 8 61.5 5 38.5 13 100

500,000 to 999,999 27 71.1 11 28.9 38 100

250,000 to 499,999 38 59.4 26 40.6 64 100

100,000 to 249,999 115 53.5 100 46.5 215 100

50,000 to 99,999 243 49.9 244 50.1 487 100

25,000 to 49,999 501 47.6 552 52.4 1,053 100

10,000 to 24,999 962 33.8 1,881 66.2 2,843 100

5,000 to 9,999 873 24.1 2,756 75.9 3,629 100

2,500 to 4,999 798 17.5 3,774 82.5 4,572 100

Under 2,500 1,639 12.2 11,801 87 13,440 100

TOTAL 5,205 19.8 21,149 80.2 26,354 100

Source: United States Fire Administration, Survey of the Needs of the U.S. Fire Service – 2002Note: Based on 8,267 departments reporting. Numbers may not add to totals due to rounding.


The Legal Landscape—In Plain English

• A Fire Department cannot discriminate on the basis of race, gender, age, religion, national origin, disability, etc.

• Intent is not a required element of a discrimination claim.

• A testing program applied equally to all may be discriminatory if it screens out “too” many members of a protected class (has an adverse or disparate impact).


Disparate or Adverse Impact

• An employer uses a test that is facially neutral, but has an unjustified adverse impact on members of a protected class by screening them out. ◦ Every one is given the same test, but members of one or

more protected class do not fare as well as others.

• How many is “too” many?◦ The 4/5ths or 80% Rule

– Pass rate of the minority group ≥ 80% of the pass rate of the most successful group.

– Example• Whites perform best, with a 60% pass rate.• Possible disparate impact exists if African Americans

passed at rate less than 48% (60% x .8).


Sources of Law

• Federal◦ Title VII of the Civil Rights Act ◦ The Age Discrimination in Employment Act◦ The Americans with Disabilities Act◦ 42 USC §1981, §1983◦ U.S. Constitution, Equal Protection clause

– 14th amendment, §1• State and Local


Title VII of the Civil Rights Act

• Prohibits discrimination on the basis of gender in all aspects of the employment relationship.

– Uniform Guidelines on Employee Selection provide that physical testing of incumbents must be based on “professional accepted methods.”

• Must show test is job-related for the position in question and consistent with business necessity.


Gender Norming

◦ Having a different set of qualifications given the immutable physiological differences between the genders in an attempt to ensure that qualified members of both sexes are selected, promoted or retained.

– Strength– Aerobic capacity


The Age Discrimination in Employment Act

• The ADEA of 1967 prohibits employers from discriminating against an individual because s/he is age forty years or older.

◦ The ADEA was amended in 1996 to include a public safety exemption:

– Fire Departments which demonstrate that the age requirement is a bona fide occupational qualification (BFOQ) can legally impose maximum age requirements.


Reasonable Factors Other than Age

• Proposed RFOA regulations consider◦ To what extent did the employer take steps to

assess the adverse impact on older workers?◦ How severe is the harm, in terms of the

numbers affected and extent to which preventative or corrective steps are taken to minimize impact?

◦ Are there other options available?◦ Why did the employer selected the test it did?


Age Norming

◦ Having a different set of qualifications given the physical changes which occur as one ages to control for concomitant decreases in muscular strength, endurance, and aerobic capacity attributable to the aging process.


The Americans with Disabilities Act

• Cannot discriminate against a disabled individual who can do a job’s essential functions with or without a reasonable accommodation.

• Cannot discriminate against someone ◦ Who has a record of disability; or◦ Whom the employer perceives as disabled


Constitutional Issues

• “No State shall…deny to any person within its jurisdiction the equal protection of the laws.” (U.S. Const., Art. XIV)

• Gender-based classifications are subject to heightened scrutiny and will overcome the constitutional challenge if substantially related to an important governmental interest.

• Age-based classifications are subject to a less rigorous test, as age, unlike gender, is not a suspect classification; an employer must only show that the classification reasonably furthers a legitimate state objective or interest.


The Typical Testing Case

• Establish adverse impact◦ Parties agree, or◦ Plaintiffs present evidence

• FD shows job-related and consistent with business necessity◦ Both sides offer expert testimony

• Plaintiffs show less restrictive alternatives available◦ Both sides offer expert testimony


A Typical Testing Case

• Female firefighters prove disparate impact concerning use of physical exams◦ Tests mostly for anaerobic traits (men excel)

and not for aerobic traits (women excel)• FD justifies use of test

◦ Validated, as each portion of exam designed to test a representative firefighting task

• Females unable to show a less restrictive alternative


Physical Ability Testing Standards forNew Hires• The Uniform Guidelines on Employee Selection

Procedures (1978) state:

◦ “Where cutoff scores are used, they should normally be set so as to be reasonable and consistent with normal expectations of acceptable proficiency within the work force. Where applicants are ranked on the basis of properly validated selection procedures and those applicants scoring below a higher cutoff score than appropriate in light of such expectations have little or no chance of being selected for employment, the higher cutoff score may be appropriate, but the degree of adverse impact should be considered.” (Section 5H)


Physical Ability Testing Standards forNew Hires• FPSI’s standard approach is to utilize the “Modified Angoff

Method.”

◦ The Modified Angoff method is the application of the modified method that received acceptance before the United States Supreme Court in U.S. v. South Carolina (1971).

◦ The Angoff method produces an average estimate of minimum competency using opinions from several SMEs.

◦ The modification followed in U.S. v. South Carolina lowered the Angoff average estimate by one, two, or three standard errors of measurement (SEMs) after consideration of several statistical and human factors: the size of the SEM, risk of error (risk of excluding a truly qualified candidate whose low score does not show the real level of knowledge compared to the risk of including an unqualified candidate whose low score does show an unacceptable level of knowledge), internal consistency of the Angoff panel (e.g., taken individually, the subject matter experts vary in their individual estimates of minimum competency), supply and demand for at-issue jobs, and the sex and race/ethnic composition of the at-issue jobs in the work force.


Physical Ability Testing Standards forNew Hires• A sample of incumbent fire suppression

personnel “norm” the physical ability test.

• Incumbents identify what a minimally qualified time should be for the physical ability test (i.e., “normal expectations of acceptable proficiency”).

• Average the mean opinion time and add one SEM to set the final cutoff score.


Physical Ability Testing Standards for Incumbents (Firefighters and Fire Captains)• Incumbent opinions are not used to set the cutoff

score for maintenance standards due to bias:◦ FFs tend to stretch the time limit when they know it will be

used to monitor their job performance (i.e., they tend to overestimate the time)

• Incumbent maintenance standard cutoffs are based upon the mean of the incumbent time in the “norming” process:◦ Outliers omitted using a 1.645 SD◦ Mean plus 1 Standard Error of the Mean + 1.645 Standard

Errors of Difference

• The outcome is the “normal expectations of acceptable proficiency in the workforce”


Sample Maintenance PAT Results

300

320

340

360

380

400

420

440

460

480

500

520

540

560

580

600

620

640

660

680

700

720

PAT_Score

0

2

4

6

8

10

12

Fre

qu

ency

Mean = 423.1463Std. Dev. = 71.41518N = 41

HistogramIncumbent PAT Times

Mean = 423.15

SEM = 23.69

SED = 33.50

14.6% “Remediate”


Remediate Status of Incumbents

• A total of 6 officers clearly fell outside of the minimum proficiency levels relating to physical ability expectations (i.e., 95% confidence interval that these scores are reliably different from the average) and should be required to improve their abilities through possible dietary changes, weight-loss programs, and/or physical fitness programs.

• These incumbents fall into a “remediate” category and are asked to retake the test after 10-16 week training program. The 10-16 week training program should consist of both cardio-vascular and strength training in the specific, fire suppression-related work behaviors that are measured by the test.

• Departments can choose whether they want the training program to be self directed or conducted by a department-designated exercise specialist.


Remediate Status of Incumbents

• The 10-16 week remediate process may result in any of the four possible consequences:

◦ Conditioning program—The incumbent is placed on a program that include dietary modification and physical training.

◦ Leave of absence—The department may elect to place the incumbent on a leave of absence until which time the incumbent is able to pass the test.

◦ Disability leave—The department may elect to place the incumbent on disability leave until which time the incumbent is able to pass the test.

◦ Retirement with pension—The department may elect to terminate employment with the incumbent following continued attempts to improve test performance without success.


The Effect of Age on Test Performance

• Data from a study consisting of 256 incumbent fire suppression personnel (mean age = 34.83 years) resulted in a correlation of .397*** when the age of the incumbent was correlated to test time.

• Data from a study consisting of 710 firefighter applicants (mean age = 29.47 years) resulted in a correlation of .149*** when the age of the firefighter applicant was correlated to test time.

• While age was statistically correlated with physical ability test performance in both the incumbent and the applicant study, there are a number of other factors likely contributing to the correlation:

– The motivation level of the applicants vs. the incumbents– The physical fitness level of the applicants vs. the incumbents


Importance of “Maintenance/Wellness” Testing of Incumbents• Ensuring Safety of the Crew

◦ Nearly 50% of all injuries to civilian firefighters in 2002 were a result of sprains, strains, and muscular pain—whereby overexertion is considered the primary causative factor. (NFPA)

◦ Nearly 50% of firefighter fatalities are heart attacks and about half of those who died had heart-related issues. (NFPA)

◦ “Overweight, out-of-shape fire fighters are an accident waiting to happen.” (NFPA, 2000)

• Ensuring Safety of the Public

• Reduce Worker Compensation Claims◦ The estimated total annual cost of firefighter injuries is between

$2.8 - $7.8 billion. (NIST, 2005)


Questions???

• Contact us

◦ Dan Biddle, PhD., CEO/President Fire & Police Selection, [email protected] Phone: 916.294.4250 x. 113

◦ Stacy L. Bell, M.S., Executive Vice President Fire & Police Selection, [email protected] Phone: 916.294.4242 x. 245

◦ Alisa Arnoff, Esq.—Attorney with Scalambrino & Arnoff, LLP [email protected] Phone: 312.629.0546

mailto:[email protected]



Documents

Incumbent Physical Ability Testing