Section 1. General

The Agency will follow law, applicable government-wide regulations, and this Article in all medical examinations related to an employee's ability to perform their official duties.

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 their performance or conduct and/or an opportunity to voluntarily request reasonable accommodation or initiate an application for disability retirement on their own behalf.

Section 3. Procedures

A. Notice to the Individual. When the Agency orders or offers a medical examination or requests medical documentation, it must inform the employee in writing of:

1. The reasons for the examination or request for medical documentation;

2. The consequences of failure to report for examination, if so ordered; and

3. The individual's right to submit medical information from their own physician or practitioner, and the Agency's obligation to consider such information.

B. Informing the Physician. The Agency 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 them or others. If an employee has been under medical treatment, this fact should be communicated to the examining physician by the employee or their designated representative. The results of the examination should take account of the examining and treating physician's diagnoses and/or conclusions, the examining physician 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 Agency 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 their regularly assigned job, the Agency will consider reasonable accommodation for the employee under the applicable regulations regardless of whether or not the injury or medical condition occurred on or off the job.

Section 6. All medical records shall be considered sensitive and will be maintained and used in accordance with the applicable provisions of 5 CFR 339.