5 CFR 339.301 - Authority to Require an Examination

Office of Personnel Management

§ 339.301

requirement to undergo vaccination
with products approved by the Food
and Drug Administration (e.g., for national security reasons or in order to
fulfill the duties of a position designated as national security sensitive).
The need for a medical evaluation program must be clearly supported by the
nature of the work. The specific positions covered must be identified and
the applicants or employees notified in
writing of the reasons for including the
positions in the program.
§ 339.206 Disqualification on the basis
of medical history.
An employee or applicant may not be
disqualified for any position solely on
the basis of medical history. For positions subject to medical standards and/
or physical requirements, and for positions under medical evaluation programs, a history of a particular medical condition may result in medical
disqualification only if the condition
at issue is itself disqualifying, recurrence of the condition is based on reasonable medical judgment, and the duties of the position are such that a recurrence of the condition would pose a
significant risk of substantial harm to
the health and safety of the applicant
or employee or others that cannot be
eliminated or reduced by reasonable
accommodation or any other agency efforts to mitigate risk.

rmajette on DSK30RV082PROD with CFR

Subpart C—Medical Examinations
§ 339.301 Authority to require an examination.
(a) A routine pre-employment medical examination is appropriate only
for a position with specific medical
standards and/or physical requirements, or that is covered by a medical
evaluation program established under
this part.
(b) Subject to § 339.103, an agency
may require an applicant or employee
who has applied for or occupies a position that has medical standards and/or
physical requirements, or is covered by
a medical evaluation program established under this part, to report for a
medical examination:
(1) Subsequent to a tentative offer of
employment or reemployment (including return to work from medically

based absence on the basis of a medical
condition);
(2) On a regularly recurring, periodic
basis after appointment in accordance
with § 339.205; or
(3) Whenever the agency has a reasonable belief, based on objective evidence, that there is a question about
an employee’s continued capacity to
meet the medical standards or physical
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 injury or disease
covered under the provisions of the
Federal Employees’ Compensation Act
to report for an examination to determine medical limitations that may affect job placement decisions.
(d) An agency may require an employee who is released from his or her
competitive level in a reduction in
force under part 351 of this chapter to
undergo a relevant medical evaluation
if the position to which the employee
has assignment rights has medical
standards and/or physical requirements, that 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 that the agency
has the authority to order under this
section indicates no physical explanation for behavior or actions that
may affect the safe and efficient performance of the applicant or employee,
the safety of others, and/or the vulnerability of business operation and information systems to potential threats, or
(ii) A psychiatric examination or psychological assessment is part of the
medical standards for a position having
medical standards or required under a
medical evaluation program established under this part.
(2) A psychiatric examination or psychological assessment authorized under
paragraphs (e)(1) of this section must
be conducted in accordance with accepted professional standards by a licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology or the American
Osteopathic Board of Psychiatry and

245

VerDate Sep<11>2014

14:26 Apr 30, 2019

Jkt 247008

PO 00000

Frm 00255

Fmt 8010

Sfmt 8010

Y:\SGML\247008.XXX

247008

§ 339.302

5 CFR Ch. I (1–1–19 Edition)

Neurology, or by a licensed psychologist or clinical neuropsychologist, and
may only be used to make inquiry into
a person’s mental fitness as it directly
relates to successfully performing the
duties of the position without significant risk to the applicant or employee
or others, and/or to the vulnerability of
business operation and information
systems to potential threats.

rmajette on DSK30RV082PROD with CFR

§ 339.302 Authority to offer examinations.
An agency may, at its option, offer a
medical examination (including a psychiatric examination or psychological
assessment) in situations where the
agency needs additional medical documentation to make an informed management decision. This may include
situations where an employee requests,
for medical reasons, a change in duty
status, assignment, working conditions, or any other different treatment
(including reasonable accommodation
or return to work on the basis of full or
partial recovery from a medical condition) or where the employee has a performance or conduct problem that may
require agency action. Reasons for offering an examination must be documented. When an offer of an examination has been made by an agency and
the offer has been accepted by the applicant or employee, the examination
must be carried out in accordance with
the authorities cited in § 339.103. The
results of the examination must also be
used in accordance with the authorities
cited in § 339.103.
§ 339.303 Medical examination procedures.
(a) When an agency requires or offers
a medical or psychiatric examination
or psychological assessment under this
subpart, it must inform the applicant
or employee in writing of its reasons
for doing so, the consequences of failure to cooperate, and the right to submit medical information from his or
her private physician or practitioner. A
single written notification is sufficient
to cover a series of regularly recurring
or periodic examinations ordered under
this subpart. An agency may establish
timeframes, in writing, for submission
of medical documentation, with allowances for reasonable extensions.

(1) Refusal or failure to report for a
medical examination ordered by the
agency may be a basis for a determination that the applicant or employee is
not qualified for the position. In addition, an employee may be subject to
adverse action.
(2) Refusal or failure on the part of
an applicant or the employee to authorize release of any results from an
agency ordered or offered medical examination issued in accordance with
§§ 339.301 or 339.302, or the results of any
previous medical treatments or evaluations relative to the identified medical
issue, to authorized agency representatives, including the agency physician
or medical review officer and/or independent medical specialists, may be a
basis for disqualification for the position by the hiring agency. In addition,
an employee may be subject to adverse
action.
(b) The agency designates the examining physician or other appropriate
practitioner, but must offer the applicant or employee an opportunity to
submit medical documentation from
his or her private physician or practitioner for consideration in the medical
examination process. The agency must
review and consider all such documentation supplied by the private physician or practitioner. The applicant or
employee must authorize release of
this documentation to all authorized
agency representatives. In situations
where the medical documentation of
the applicant or employee’s private
physician or practitioner is contradictory and cannot be resolved by the examining physician or the agency physician or medical review officer, the
agency may, at its option, pursue another opinion from an appropriate specialist at agency expense. An applicant
or employee also may, at his or her option, pursue another opinion from an
appropriate specialist at his or her expense in the event of conflicting or
contradictory medical documentation.
§ 339.304 Payment for examination.
(a) An agency must pay for all medical and/or psychological and/or psychiatric examinations required or offered by the agency under this subpart,
whether conducted by the agency’s
physician or medical review officer, an

246

VerDate Sep<11>2014

14:26 Apr 30, 2019

Jkt 247008

PO 00000

Frm 00256

Fmt 8010

Sfmt 8010

Y:\SGML\247008.XXX

247008