Current through Register Vol. XLI, No. 40, October 4, 2024
Section 149-2-8 - Academy Entry Standards8.1. Entry standards for participation in an entry level certification training academy or program include, but are not limited to, an applicant's demonstration of his or her ability to perform, or be trained to perform, all of the essential tasks and functions contained in the job description and the ability to meet the required medical and physical ability standards as set forth in this Rule. 8.1.a. This Rule will insure that persons appointed to positions as police officers, in agencies subject to this rule, are medically fit to undergo the training requirements for the position, and to perform their essential tasks, at a minimal risk to themselves, their fellow officers, and the public.8.1.b. All requests for reasonable accommodation concerning participation in an entry level certification training academy or program by a trainee or his or her employing agency head shall be made prior to its start and shall be approved by the Subcommittee. Each reasonable accommodation request may be reviewed by a panel of at least four (4) people appointed by the Chairman of the Subcommittee before a decision is made on the request by the Subcommittee. The panel shall use the job description and medical standards for entry into a basic entry-level training program as a basis of their decision on the request for reasonable accommodation.8.2. Academy Application Requirements. 8.2.a. All newly hired and uncertified, by the Subcommittee, law enforcement officers shall apply for admission to an entry-level training program by submission of a completed and medically acceptable academy application packet within ninety (90) calendar days of their date of employment, whether the employment type is full or part time. Their employer shall provide written or electronically communicated notice to the Academy or the Subcommittee of this officer's employment, which shall include personal identification information, the date of employment and information as to whether the individual has worked as a law enforcement officer before as close as possible to the decision to employ the individual. 8.2.a.1. A completed application consists of an application sheet; a true and accurate medical history statement; a complete medical examination report; and federal and state fingerprint cards or other paperwork approved by the Subcommittee on recommendation of the Director.8.2.a.2. For the purposes of this section uncertified refers to individuals not certified as a West Virginia law enforcement officer by the Subcommittee.8.2.b. Any officer who fails to file or have filed on his or her behalf a completed application within the ninety (90)-calendar day period shall be immediately terminated as a law enforcement officer. Any officer terminated may apply to the Subcommittee as a private citizen for training and certification at his or her own expenses as provided for in W. Va. Code § 30-29-5 or this Rule.8.2.c. An applicant may file or have filed on his or her behalf a request for an extension of the ninety (90)-calendar day period. This request shall be filed prior to the end of the 90-calendar day period. The request is to be filed with the Subcommittee.8.3. Entry Level Law Enforcement Officer Job Description: Under regular supervision, an entry-level officer performs basic police services in accordance with the mission, goals, and objectives of the employing agency and in compliance with governing federal, state, and local laws. At the completion of an entry level training program, an officer should be able to perform the essential functions established by the Subcommittee of a law enforcement officer. These functions may be set based on job task analysis evaluations, law enforcement officer performance research and the experience of the Subcommittee members and law enforcement professionals and administrators. The functions so established by the Subcommittee will be available for review from the Subcommittee and will be posted on the website of the Division on the page supporting the Subcommittee.8.4. Medical Standards. -- All applicants for entry into an entry-level training program shall submit to a medical examination by a licensed physician or a licensed medical employment testing company chosen by and at the expense of the employing agency. The applicants shall complete a comprehensive medical history questionnaire, as well as submit to a medical examination which shall include the following minimum requirements: A medical history; a medical examination; laboratory tests; blood chemistry; Complete Blood Count (CBC); urinalysis; Tuberculosis; Electrocardiogram (ECG); and drug screening. The criteria as to type and method of evaluation of any required laboratory tests shall be established by the Subcommittee.8.4.a. The medical examination shall consist of criteria aimed at identifying conditions that may potentially exclude an applicant from entry into a basic entry-level training program.8.4.b. Applicants employed by a law enforcement agency that are required to meet medical requirements for firefighters (National Fire Protection Standards 1582 or its most current equivalent) as a condition of employment shall use that medical standard for entry into an entry-level training program (W.Va. Code § 8-22-16).8.4.c. The Medical History Statement and Medical Examination Report are valid for a one-year period, to be measured from the date of the examining physician's or testing company director's signature on the State of Condition page of the Medical Examination Report.8.4.d. The examining physician or director of the medical employment testing center shall note if the applicant has any of the medical and physical conditions established by the Subcommittee which may interfere with the applicant's ability to perform the essential functions established by the Subcommittee for an entry level law enforcement officer. The conditions established by the Subcommittee shall be available for review and shall be posted on the website of the Division. These conditions may be cause to exclude an applicant from consideration for acceptance except where specifically noted in the listed conditions.8.4.e. Any medical or physcial condition established by the Subcommittee that may be cause to exclude an applicant form which requires further evaluation to determine the condition's impact upon the applicant's ability to perform the essential functions that an entry level law enforcement officer should be able to perform, shall be conducted at the applicant's expense.8.4.f. For the purposes of this section the term licensed means a physician or medical employment testing company that is in good and active standing with the medical licensing board of the state in which he or she or it is operating.8.5. Physical Ability Standards. 8.5.a. All applicants for basic entry-level training are required to perform at the 40th percentile (Cooper Institute of Aerobics Research, Single Standard Norm) of ability as a pass or fail screening for admission into an entry-level training program.8.5.b. The battery of screening elements, based on the significant work of the Cooper Institute for Aerobics Research, indicates an applicant's ability to satisfactorily perform the essential job tasks of the entry-level law enforcement officer as listed in this rule. Standards for successful completion of ability screening tests, where otherwise not set by this Section, may be established by the Subcommittee. The standards shall be posted to the Division website supporting the Subcommittee.8.5.c. The three (3) elements of the test battery are designed to confirm the physical ability to perform entry-level training and perform the essential functions of an entry-level law enforcement officer as approved by the Subcommittee. They are not job task simulations, but rather are construct validation of the applicant's capacity to learn and perform essential physical tasks. Applicants shall be given two attempts to obtain the 40th percentile on each test element. The retest (e.g. second attempt to obtain the 40th percentile on an element of the test battery successfully) shall be on different date, as set by the Director, to gain entry into the next available entry level training program. Each test element shall be passed before proceeding to the next test element. Applicants unable to attain the 40th percentile upon retest shall be placed in a non-law enforcement position until such time as the applicant can obtain the 40th percentiles on all elements of the test battery and enter an entry-level training program. An applicant who is waiting to retest shall insure that his or her medical examination, and its associated tests, was completed within one year immediately preceding the date of the retest.8.5.d. The physical ability tests shall consist of:8.5.d.1. Sit-ups (Muscular Endurance) - The score is the number of bent-leg sit-ups performed in one (1) minute.8.5.d.2. Push-ups (Absolute Strength) - The score is the number of conventional push-ups performed in one (1) minute. A conventional push-up is defined as an exercise performed in the prone position by raising and lowering the body with the straightening and bending of the arms, while keeping the back straight and supporting the body on the hands and toes. The push-ups will be scored by one of the following two standards:8.5.d.2.A. The counter will place his or her fist on the floor with the nails of their fingers to the floor. If done this way, the applicant's chest must touch the fist for the push-up to be complete; or8.5.d.2.B. Using a block of wood, dimensions of which shall be set by the Subcommittee, on which the counter may place his or her finger. If done this way, the applicant's chest must touch the counter's finger for the push-up to be complete.8.5.d.3. One and one-half mile run (Cardiovascular Capacity) - The score is the elapsed time in minutes and seconds required by the applicant to complete the run.8.5.e. Applicants who successfully completed all three (3) elements of the physical ability test may use the passage of this test for entry into the entry-level training program.8.5.f. Applicants who successfully completed all three elements of the physical ability test, whose agencies withhold them from entry into the first scheduled entry-level training program, shall retake and successfully complete all three elements of the physical ability test for entry into the next available basic entry-level training program.8.5.g. Failure of any applicant to participate in an assigned physical ability testing shall be recorded as failure of the physical ability test. Applicants who, as the result of extenuating circumstances, are unable to attend and participate in a scheduled physical ability testing shall advise the Director in writing prior to the test date requesting rescheduling and explaining in detail the extenuating circumstances.