ARTICLE

18.

Section 1 - Scope

The Department may direct an employee to undergo a fitness for duty examination only under those conditions authorized by this Article or in accordance with Title 38 procedures, as appropriate.

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 performance or conduct and/or an opportunity to voluntarily initiate an application for disability retirement on his own behalf.

Section 3 - Medical Determination

A. The Department may require an employee receiving worker's compensation benefits or assigned to limited duties as a result of an on-the-job injury to report for medical evaluation when the Department has identified an assignment or position (including the employee's regular position) which it reasonably believes the employee can perform consistent with the medical limitations of her condition.

B. The Department may offer a medical examination when an individual has made a request for medical reasons for a change in duty status, assignment, or working conditions or any other benefit or special treatment (including reemployment on the basis of full or partial recovery from a medical condition) and the Department, after it has received and reviewed medical documentation, determines that it cannot grant, support, or act further on the request without verification of the clinical findings and current clinical status.

1. When the Department orders or offers a medical examination under the provisions of the prevailing regulations, it shall inform the employee in writing of its reasons for ordering or offering the examination and the consequences of failure to cooperate. The Department shall designate the examining physician but shall offer the employee the opportunity to submit medical documentation from his personal physician which the Department shall review and make part of the file.

2. The Department shall provide the examining physician with a copy of any approved medical evaluation protocol, applicable standards and requirements of the position, and/or a detailed position description of the duties of the position including critical elements, physical demands, and environmental factors.

3. The Department shall order or offer a psychiatric evaluation to an employee only when the employee first provides results of a general medical or psychiatric examination or the Department has first conducted a nonpsychiatric medical examination and, after review of the documentation or examination report, the Department's physician concurs that a psychiatric evaluation is warranted for medical reasons.

C. All medical examinations ordered or offered pursuant to Paragraphs 3A and 3B in this Section shall be at no cost to the employee and performed on duty time at no charge to leave.

Section 4 - Procedures

In seeking a fitness-for-duty examination which may or may not lead to a disability application, the following rules and procedures shall apply:

A. In all discussions with any management official, the employee shall be entitled to union representation. Prior to any discussion, the employee shall be notified of this right, given an opportunity to contact and discuss the matter with his union representative, and permitted the right of representation in such discussion.

B. During these procedures, the employee will be apprised of his rights and, where supported by appropriate medical evidence, given the opportunity for suitable interim adjustments in his work assignments.

C. When the results of the medical examination reveal that the employee:

1. Cannot satisfactorily perform useful and efficient service in his regularly assigned job,

2. Retains the capacity to do other work at the same grade or pay level within the work location or the commuting area, and

3. Otherwise meets the minimum qualifications for an available position that the Department seeks to fill; the Department will ordinarily offer the employee a reassignment to this position.

D. When the Department determines that the medical evidence reveals:

1. The employee is totally disabled for service in his current position, and

2. Reasonable accommodation for another position cannot be made, the Department will so advise the employee and provide appropriate counseling.

Section 5 - Counseling

When a disabled employee meets existing disability retirement requirements, the Department will counsel him concerning disability retirement and explain the procedure for voluntarily applying for disability retirement. In the event that such an employee is unable to file on his own behalf, the Department may initiate, with notice to the employee, an application for the employee in accordance with applicable laws and regulations.

A. The Department shall provide the employee proper notice, in accordance with 5 CFR Section 831.1203(b), and shall permit the employee thirty (30) days in which to respond in writing.

B. If the medical evidence and performance records establish that the employee retains the capacity to perform satisfactorily in a vacant lower grade position which the Department seeks to fill within the employee's commuting area, the employee will be informed of her option to request such a demotion.

Section 6 - Confidentiality of Records

All records pertaining to the employee's examination and any subsequent personal information included with an application for disability retirement are confidential and may be disclosed only to those with an administrative need to know or specifically authorized by the employee. There will be a written statement to the employee of the disclosure .