Police Officer Physical Abilities Testing

Under Minnesota Rule 6700.0700 Subp.1 (J), the Minnesota Peace Officers Standards and Training (POST) Board requires that a new police officer must pass a job-related test of physical strength and agility prior to being hired. 

What is required for a police officer physical abilities test?

The rule is quite vague, and it does not state that an applicant has to run a mile, do sit-ups or push-ups, or bench press a certain weight. It only states that the test be “job-related.” Cities may require an applicant to meet their rigid standards of strength and agility, although cities need to be aware of discrimination and liability issues when requiring these tests. 

In addition to a test having to be job-related, court rulings on pre-hire testing have ruled that the testing must meet the requirements of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act (which prohibits employment discrimination based on race, color, religion, sex, and national origin), and the Equal Employment Opportunity Commission (EEOC) guidelines. 

Why does police officer physical abilities testing matter?

Because it's good for the officer and good for your city. A police officer’s physical abilities not only impact your city's workers’ compensation claims in terms of fewer injuries, the severity of an officer’s injuries, an officer’s mental health, and the time it takes to recover from an injury, but use of force and related liability claims as well. Simply put, it is important for police officers to be physically fit — and healthy police officers make good decisions.

How are we helping cities with police officer physical abilities testing?

The League of Minnesota Cities recently collaborated with the Minnesota Chiefs of Police Association, the Minnesota POST Board, and a number of police departments that were seeking guidance, to form a steering committee to research this topic and come up with a recommendation for our members. 

Our goal was to develop a reasonably priced, statewide, legally compliant, pre-employment, post-job-offer physical abilities test for police officer candidates and for officers that are returning to work following an injury. Additionally, we wanted to develop a physical abilities test that could be validated, administered by a neutral third party, be age- and gender-neutral, and have no disparate impact.   

The steering committee selected WorkSTEPS to develop and administer the validated tests. WorkSTEPS has a corporate relationship with NovaCare, who currently has 14 locations across the state. The police officer physical abilities tests we recommended were customized and consist of:

• A quarter-mile running test.
• A dummy drag and wrestle.
• A stair climb with a medical bag.
• A wall climb or obstacle scale.
• Lifting and carrying a weighted object.
• A test for postural tolerance and fine/gross motor skills. 
• Several minutes of administering CPR.
  

These physical tests are completed after a full musculoskeletal evaluation and medical history review with a trained clinician.

All of these tests were validated using police officers from our 24 validation sites across the state. The WorkSTEPS validation process has legal, ergonomic, and functional standards supported by recognized scientific research. 

What happens now with police officer physical abilities testing?

We now have a validated testing study that can be used for police officers pre-hire and for return to work following an injury, and this program has been rolled out statewide. WorkSTEPS will continue to monitor the testing and analyze the results, as we want to be sure there is no disparate impact on the applicants. We will also be monitoring the success of this program and revising the tests as feedback is received. This ongoing analysis is critical for the defensibility of the tests, and we have to be able to show that this is the standard for police officers.

To learn more about the importance of police officer physical fitness, read this article in the March-April 2021 issue of Minnesota Cities magazine.

If you have any questions about this new police officer physical abilities testing program — or are interested in taking part — see our webpage at www.lmc.org/fitness, email me at tstille@lmc.org, or give me a call at
(651) 215-4051. 

Remember:  Responder Safety = Public Safety

Up next: RFPs from the Pohlad Family Foundation Reimagining Public Safety Program

In the meantime, stay safe and be careful -
Tracy    

Use of Personal Vehicles for Public Safety & Emergency Lighting

A guest post by LMCIT Public Safety Specialist Troy Walsh

When contemplating whether to use personal vehicles for municipal business, you need to consider the liability if an accident or damage occurs with the personal vehicle. The League of Minnesota Cities Insurance Trust’s (the Trust’s) coverage does not cover physical damage to personal vehicles being used for municipal or department use. 

An example would be when the fire chief uses their personal vehicle to respond to a call, and during that incident the vehicle is rear-ended by another motorist. 

The fire chief’s vehicle would not be covered by the fire department/city’s auto physical damage coverage, and damage would be the fire chief’s personal responsibility. 

The city’s automobile liability coverage may provide coverage for a liability claim when a personal vehicle is used for city business, e.g. an accident in a personal vehicle operated by a firefighter causes bodily injury or property damage to a third party. The Trust’s auto liability coverage is by default excess over the vehicle owner’s own coverage. That is, the Trust’s coverage would come into play if the liability exceeds the vehicle owner’s own coverage limits.

Members have the option to make the Trust’s auto liability coverage primary for privately-owned vehicles used on member business by specified individuals or groups in specified circumstances (e.g., firefighters responding to calls). Members need to notify the Trust so it can add a special endorsement to the member’s coverage.

Guest blogger Troy Walsh

Having the availability to respond directly to a scene in a personal vehicle is important when seconds count, but it does open the liability window. Municipalities need to weigh out the options to allow this type of response versus the potential for liability to the city and/or the personal vehicle owner. Limiting the liability is important when considering how you will respond to the emergency scenes.

Some cities have transitioned into a command vehicle or duty officer type of vehicle. Some cities have purchased a new vehicle and outfitted it with emergency lights, some have used a current utility vehicle or grass unit, and others have worked with local law enforcement to obtain a vehicle that is ready to be sold and — in some cases — is already set up with emergency lighting. 

Emergency Lighting

Minnesota has some specific laws that are related to the use of emergency lighting on personal vehicles and include Minnesota Statutes, Section 169.58, subd. 2 - Red lamp; permit for volunteer emergency responders and Section 169.58, subd.3 - Volunteer Ambulance Driver. These state statutes outline the requirements and permits for use of emergency lighting for personal vehicles. 

In short, emergency lighting is not allowed or legal for any personal vehicles unless you have obtained a permit from the Minnesota Commissioner of Public Safety. This single red non-flashing lamp must only be displayed to the front of the vehicle and the lamp must meet the specifications adopted by the commissioner. The red lamp permit information, data practices advisory, application, and certification forms can be accessed here. 

You may contact Troy via email at twalsh@lmc.org with any questions regarding these requirements, or feel free to call him at (651) 281-1231. 

Remember: Responder Safety = Public Safety

Up next: Police Officer Physical Fitness Testing

In the meantime, stay safe and be careful -
Troy

Investigation of Animal Cruelty and Enforcement

Animal cruelty is a complex and serious crime. Law enforcement agencies are ultimately responsible for the investigation and collection of evidence for violation of these laws. Animal cruelty not only harms animals but has also been closely linked to human violence such as domestic abuse, child abuse, elder abuse, fraud, arson, illegal drugs, and other serious crimes.

Minnesota Statutes Chapter 343 addresses the prevention of cruelty to animals, including the charging statutes, penalties, investigation of cruelty complaints, animal seizure procedures, and the proper care or disposal of animals. 

The Minnesota Chiefs of Police Association (MCPA) recently collaborated with a team of animal and justice experts — including Animal Folks (a nonprofit organization), police chiefs, officers, deputies, prosecutors, a retired judge, animal control officers, and animal law researchers — to develop a model policy for Minnesota law enforcement agencies. 

This policy provides the basics of Minnesota Statutes Chapter 343 along with a description of the investigation procedures and evidence processing unique to animal cruelty. A better understanding of these details can lead to improved investigations and convictions, and can also be used for a new department policy or added to any existing policy. 

In an effort to provide clarity, promote accountability, and build safer communities, Animal Folks has granted full permission for agencies to use the model policy for your police department. This model policy can be accessed here, and all Minnesota law enforcement agencies are encouraged to consider adopting this model policy (or a similar policy), as officers have the duty to investigate any alleged violations of the Minnesota animal cruelty laws. 

Questions about this policy can be directed to Ann Olson with Animal Folks at (651) 222-2821 or ann@animalfolks.org. Additional resource materials for law enforcement about animal cruelty, animal law, and investigative procedures can be found at www.animalfolksmn.org. 

You may also contact me at tstille@lmc.org or give me a call at (651) 215-4051.

Remember:  Responder Safety = Public Safety

Up next: Use of Personal Vehicles for Public Safety and Emergency Lighting

In the meantime, stay safe and be careful -
Tracy