U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Technical References Related to Medical Eligibility and Qualification Requirements

This Section gives comprehensive information about laws and regulatory guidance concerning medical eligibility, programs, disabled veterans and their connection to Federal qualification requirements.

Applicants and employees must meet fitness and ability requirements for Federal employment. They can't be disqualified arbitrarily on the basis of medical standards, physical requirements, fitness tests, or other criteria that do not relate specifically to job performance. In addition, agencies are required to provide reasonable accommodation to persons with disabilities who demonstrate that they can perform the work of the position to be filled. The following references will be helpful to people that want to know more about the subject.

Medical Requirements

This link summarizes jobs that have medical requirements.

Executive Orders / Public Law

Authorities in public law for Federal personnel administration in general, and for drug testing.

• Executive Order 9830 — Authority for Federal personnel administration amends the Civil Service Rules and provides for Federal personnel administration, February 24, 1947.

• Executive Order 12564, — Drug-Free Federal Workplace, 51 Federal Register 32.8989 (1986) (E.O. 12564)

• Section 503 of Public Law 100-71 — The Drug Testing Workplace Act of 1988

United States Code

Legal authorities for issues of concern to Federal employees, and people interested in working for the Federal Government.

• TITLE 5 Government Organization and Employees

  • SUBCHAPTER II Administrative Procedure

    • Sec. 552a. Records About Individuals (The Privacy Act of 1974)

      • 5 U.S.C. §552a.(f) applies to establishing Agency rules for disclosure of medical records.

  • SUBPART B Employment and Retention

    • CHAPTER 33 Examination, Selection, and Placement

      • Sec. 3301. Civil service; generally.

      • Sec. 3309. Preference eligibles; examinations; additional points for.

      • Sec. 3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians.

      • Sec. 3311. Preference eligibles; examinations; crediting experience.

      • Sec. 3312. Preference eligibles; physical qualifications; waiver.

      • Sec. 3313. Competitive service; registers of eligibles.

      • Sec. 3314. Registers; preference eligibles who resigned.

      • Sec. 3316. Preference eligibles; reinstatement.

      • Sec. 3317. Competitive service; certification from registers.

      • Sec. 3318. Competitive service; selection from certificates.

      • Sec. 3320. Excepted service; government of the District of Columbia; selection.

      • Sec. 3351. Preference eligibles; transfer; physical qualifications; waiver.

    • CHAPTER 73 Suitability, Security, and Conduct

      • Sec. 7361. Drug abuse

      • Sec. 7362. Alcohol abuse and alcoholism.

      • Sec. 7363. Reports to Congress.

    • CHAPTER 81 Compensation for Work Injuries

      • Sec. 8123. Physical examinations

• TITLE 29 The Rehabilitation Act of 1973, as amended

• TITLE 39 Postal Service

  • Part II §1005. provisions of title 5 relating to a preference eligible ((5CFR 2108(3)) apply in the same manner and under the same conditions as if the applicant, officer, or employee were subject to the competitive service.

• TITLE 42 The Public Health and Welfare

  • CHAPTER 126 - Equal Opportunity for Individuals with Disabilities

    • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments

Code of Federal Regulations References

Regulatory authorities for addressing medical issues of concern to Federal employees, labor unions, compliance monitors, applicants for Federal jobs, preference eligibles and others.

• Title 5 — Administrative Personnel

  • Part 213 Excepted service. Government-wide Excepted Service Appointing Authorities for Persons with Disabilities

    • 5 CFR 213.3102 Entire executive civil service

      • CFR 213.3102(t) - applies to persons with mental retardation

      • 5 CFR 213.3102(u) - applies to persons with severe physical disabilities

      • 5 CFR 213.3102(gg) - applies to persons with psychiatric disabilities

      • 5 CFR 213.3102(ll) - for readers, interpreters and other personal assistants for other employees with a severe disability(ies)

  • Part 293 Personnel records

    • 5 CFR 293.504 Composition of, and access to, the Employee Medical File System Records

  • Part 297 Privacy procedures for personnel records

    • 5 CFR 297.205 Access to Medical Records

  • Part 339 Medical qualification determinations

  • Part 351 Reduction in force

    • 5 CFR 351.703(d) - applies to physical disqualification of 30 percent or more compensably disabled veteran

  • Part 353 Restoration to duty from uniformed service or compensable injury

  • Part 432 Performance based reduction in grade and removal actions

    • 5 CFR 432.105(a)(4)(B) - applies to consideration of a medical issue in answer to a proposed reduction in grade or removal

  • Part 630 Absence and leave

    • 5 CFR 630.910 Termination of medical emergency

    • 5 CFR 630.1010 Termination of medical emergency

    • 5 CFR 630.1207 Medical certification

  • Part 792 Federal employees' health and counseling programs

    • 5 CFR 792.101 Subpart A Regulatory Requirements for Alcoholism and Drug Abuse Programs and Services for Federal Civilian Employees

  • Part 831 Retirement

    • 5 CFR 831.502(c)(2) Automatic separation; exemption - applies to medical certificate to support the recommendation

    • 5 CFR 831.1202 Definitions - examination and reexamination, medical condition, medical documentation and documentation of a medical condition

    • 5 CFR 831.1206 Evidence supporting entitlement to disability benefits

  • Part 844 Federal Employees' Retirement System -- Disability Retirement

    • 5 CFR 844.102 Definitions - medical condition, medical documentation

    • 5 CFR 844.103 Eligibility - applies to disabling medical condition(s)

    • 5 CFR 844.202 Agency-filed disability retirement applications - applies to review of medical documentation

    • 5 CFR 844.203 Supporting documentation - applies to medical documentation

    • 5 CFR 844.401 Recovery from disability

    • 5 CFR 844.404 Reinstatement of disability annuity

  • Part 930 Programs for specific positions and examinations (miscellaneous) - applies to motor vehicle operators

    • 5 CFR 930.105 Minimum requirements for competitive and excepted service positions

    • 5 CFR 930.108 Periodic medical evaluation

    • 5 CFR 930.109 Periodic review and renewal of authorization

    • 5 CFR 930.113 Corrective action

• Title 20 Employees' Benefits Apr. 1, 2006
  Chapter I Office of Workers' Compensation Programs, Department of Labor

  • 20 CFR 10.320-324 Directed Medical Examinations

  • 20 CFR 10.330-333 Medical Reports

  • 20 CFR 10.505-509 Return to work - employer's responsibilities

• Title 28 Judicial Administration July 1, 2006
  Part 39 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Department of Justice

  • 28 CFR 39.103 Definitions - definition of handicap and handicapped person

  • 28 CFR 39.140 Employment

• Title 29 Labor July 1, 2006

  • Part 1614 Federal sector equal employment opportunity and Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government

  • Part 1630 Regulations to implement the equal employment provisions of the Americans with Disabilities Act

    • 29 CFR 1630.2(e)(2) Definitions - (e) Employer (2) exceptions

    • 29 CFR 1630.13 - Prohibited medical examinations and inquiries

    • 29 CFR 1630.14 - Medical examinations and inquiries specifically permitted

  • Part 1640 Procedures for coordinating the investigation of complaints or charges of employment discrimination based on disability subject to the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973

  • Part 1904 Recording and reporting occupational injuries and illnesses

  • Part 1910 Occupational safety and health standards

    • 1910.19 Special provisions for air contaminants

    • 1910.95 Occupational noise exposure.

    • 1910.134 Respiratory protection.

  • Part 1910(§1910.1000-end) July 1, 2003

    • 1910.1030 Bloodborne pathogens

    • 1910.1200 Hazard Communication

• Title 42 Public Health Oct. 1, 2006

  • Part 40 Confidentiality of alcohol and drug abuse patient records

• Title 49 Transportation Oct. 1, 2006

  • Part 40 Procedures for transportation workplace drug testing programs

  • Part 382 Controlled substances and alcohol use and testing

Additional Resources

• Delegated Examining Operations Handbook, 2007

  • Section B, OPM Responsibilities - Medical and Qualifications Objections

  • Section D, Object to an Eligible - OPM retains exclusive authority to make medical determinations pertaining to preference eligibles; and to grant or deny an agency's pass over request of a preference eligible with a compensable service connected disability of 30% or more.

  • Appendix O, Assessing Applicants with Disabilities

• Influenza, Pandemic

  • Medical Evaluation Program Guidance

• Information About OWCP

• VetGuide

  • Physical Qualifications

  • Disqualifications of Preference Eligibles

  • Disqualification of 30 Percent or More Disabled Veterans

  • Veterans' Preference in Reduction in Force

  • Qualifications