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Article 30 Medical Qualifications and Determinations
Posted On: Oct 29, 2013

Article 30

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

such information.

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

person’s employability.

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.

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