Medical Qualifications and Determinations
Section 1. General
The Department will follow law, applicable Government-wide regulations, and this
Article in all medical examinations.
Section 2. Prerequisite Conditions
When there are reasonable grounds to believe that a health problem is causing
performance or conduct problems of an employee, the employee shall be given an
opportunity to provide medical evidence documenting the health problem affecting
his/her performance or conduct and/or an opportunity to voluntarily request
reasonable accommodation or initiate an application for disability retirement on
his/her own behalf.
Section 3. Procedures
a. Notice to the Individual. When the Department orders or offers a medical
examination or requests medical documentation, it must inform the
employee in writing of:
(1) the reasons for the examination;
(2) the consequences of failure to report for the examination; and
(3) the individual’s right to submit medical information from his/her own
physician or practitioner, and the Agency’s obligation to consider
b. Informing the Physician. The Department will ensure that the physician
knows exactly what medical information is required, the duties and
requirements of the position (including environmental considerations), and
any other pertinent factors directly relevant to determining the individual’s
ability to perform safely and efficiently, without hazard to himself/herself or
others. If an employee has been under medical treatment, this fact should
be communicated to the examining physician. The results of the
examination should take account of the examiner’s understanding of the
diagnosis, treatment, and rehabilitation provided by the treating physician.
If inconsistencies exist between the examiner’s and the treating physician’s
diagnoses and/or conclusions, the examiner should make a concerted effort
to account for such inconsistencies and to discuss their implications for the
Section 4. Counseling
When the Department determines that the performance or conduct of an employee
may be health-related, the employee may be encouraged to seek counseling
through the Employee Assistance Program.
Section 5. Accommodations
When the results of a medical examination reveal that the employee cannot
satisfactorily perform his/her regularly assigned job, the Department will consider
reasonable accommodation for the employee under the applicable regulations.
Section 6. Records
All medical records shall be considered sensitive and will be maintained and used
in accordance with the applicable provisions of 5 CFR 339.