5 Cfr 339.301

[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR339.301]

[Page 233-234]

TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 339_MEDICAL QUALIFICATION DETERMINATIONS--Table of Contents

Subpart C_Medical Examinations

Sec. 339.301 Authority to require an examination.

(a) A routine preappointment examination is appropriate only for a
position which has specific medical standards, physical requirements, or
is covered by a medical evaluation program established under these
regulations.
(b) Subject to Sec. 339.103 of this part, an agency may require an
individual who has applied for or occupies a position which has medical
standards or physical requirements or which is part of an established
medical evaluation program, to report for a medical examination:
(1) Prior to appointment or selection (including reemployment on the
basis of full or partial recovery from a medical condition);
(2) On a regularly recurring, periodic basis after appointment; or
(3) Whenever there is a direct question about an employee's
continued capacity to meet the physical or medical requirements of a
position.
(c) An agency may require an employee who has applied for or is
receiving continuation of pay or compensation as a result of an on-the-
job injury or disease to report for an examination to determine medical
limitations that may affect placement decisions.
(d) An agency may require an employee who is released from his or
her competitive level in a reduction in force to undergo a relevant
medical evaluation if the position to which the employee has
reassignment rights has medical standards or specific physical

[[Page 234]]

requirements which are different from those required in the employee's
current position.
(e)(1) An agency may order a psychiatric examination (including a
psychological assessment) only when:
(i) The result of a current general medical examination which the
agency has the authority to order under this section indicates no
physical explanation for behavior or actions which may affect the safe
and efficient performance of the individual or others, or
(ii) A phychiatric examination is specifically called for in a
position having medical standards or subject to a medical evaluation
program established under this part.
(2) A psychiatric examination or psychological assessment authorized
under (i) or (ii) above must be conducted in accordance with accepted
professional standards, by a licensed practitioner or physician
authorized to conduct such examinations, and may only be used to make
legitimate inquiry into a person's mental fitness to successfully
perform the duties of his or her position without undue hazard to the
individual or others.