Article 25
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.