Article 32

Fitness for Duty

Section 1--Scope

The Employer may direct an employee to undergo a fitness for duty examination only under those conditions authorized in the prevailing OPM regulations.

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

Section 3--Medical Determinations

A.  The Employer 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 Employer 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 his/her condition.

B.  The Employer 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 Employer, 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 Employer 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 Employer shall designate the  examining physician but shall offer the employee the opportunity to submit medical documentation from his/her personal physician which the Employer shall review and consider.

2. The Employer 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