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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B20. HEALTH |
Section 6-B2049. PRE-EMPLOYMENT AND OTHER PHYSICAL EXAMINATIONS AND GENERAL MEDICAL QUALIFICATIONS REQUIREMENTS
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2049.1The provisions of this section establish the requirements for pre-employment and other physical examinations, including fitness-for-duty examinations; general medical qualifications requirements; and preventive health programs pursuant to Section 2007(2) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-620.07(2)) (2006 Repl.), with adherence to the provisions of the Americans with Disabilities Act of 1990, approved July 26, 1990 (P.L. 101-336; 42 U.S.C. § 12101 et seq.), as amended; other federal or District laws or regulations; and equal employment opportunity considerations.
2049.2Each individual selected for appointment shall be physically and mentally capable of safe and satisfactory performance of the essential functions of the position for which he or she was selected.
2049.3Medical determinations shall be made by physicians or practitioners, and determinations regarding job requirements and performance shall be made by supervisors and managers.
2049.4To the extent inconsistent with any applicable law or regulation, the provisions of this section shall not apply to:
(a) Police officers in the Metropolitan Police Department;
(b) Firefighters in the Fire and Emergency Medical Services Department; and
(c) Employees on the public sector workers’ compensation system pursuant to §§ 2301 through 2347 of the CMPA (D.C. Official Code § 1-623.01 et seq. (2011 Supp.)).
2049.5 Personnel authorities may establish physical and mental qualifications requirements that are necessary to perform a specific job or classes of jobs, such as certain jobs in transportation, public works, or security jobs. Any physical and mental qualification requirements established by the personnel authority pursuant to this subsection shall:
(a) Be related to the duties and responsibilities of the specific job or classes of jobs, and consistent with business necessity.
(b) Be designed to ensure consideration of individuals having the minimum physical ability necessary to perform the duties of the job efficiently without posing a significant risk of substantial harm to his or her health or safety, or that of others.
(c) List disqualifying medical conditions only in cases in which job duties require special physical capabilities to safely and satisfactorily perform the duties assigned to the job.
(d) Be waived by the personnel authority when a determination is made that the appointee or employee is a “qualified individual with a disability,” as that term is defined in Section 2099 of this chapter.
2049.6The personnel authority may require an individual who has applied for or occupies a position with established physical or mental standards or requirements for selection or retention, or established occupational or environmental standards that require medical review, to report for a medical examination or evaluation as follows:
(a) Prior to appointment or selection (including reemployment on the basis of full or partial recovery from a medical condition);
(b) On a regularly recurring, periodic basis; or
(c) Whenever there is a direct question about an employee’s continued capacity to meet the established physical or mental standards or requirements of the position, or conditions of employment.
2049.7As appropriate in the case of positions with physical or mental qualification requirements pursuant to Subsection 2049.5 of this section, a personnel authority may either deny an applicant examination, deny an eligible appointment, or, instruct or allow the employing agency to remove an appointee, by reason of physical or mental unfitness for the position for which he or she has applied, or to which he or she has been appointed.
2049.8In addition to a medical examination required pursuant to Subsection 2049.5 of this section, an employing agency may require a medical examination because of an employee’s conduct or performance on the job. Such an examination shall be ordered only upon approval by the personnel authority of a written request from the agency.
2049.9The personnel authority or employing agency may offer a medical examination when an employee has made a request for medical reasons for a change in duty status, assignments, 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 employing agency, after it has received and reviewed the employee’s medical documentation, determines that it cannot grant, support, or act further on the request without verification of the clinical findings and current clinical status.
2049.10If an employee wishes his or her employing agency to consider any medical condition that may contribute to his or her unacceptable performance on the job, he or she shall furnish medical documentation, as that term is defined in Section 2099 of this chapter, of the condition. After the employing agency’s review of the medical documentation supplied by the employee, the employing agency may, at its discretion, require a medical examination in accordance with this section.
2049.11The medical examination process shall consist of the following:
(a) When a personnel authority or agency orders or offers a medical examination under this section, it shall inform the applicant or employee in writing of its reasons for ordering or offering the examination, and the consequences for failure to adhere to the request.
(b) The personnel authority or agency shall designate the examining physician, but shall offer an employee or former employee an opportunity to submit medical documentation from his or her personal physician or practitioner which the agency shall review and consider, or to propose a physician or practitioner of his or her choice.
(c) The personnel authority or agency shall provide the examining physician or practitioner with a copy of any approved medical evaluation protocol, any applicable medical qualifications and requirements for the position, or a detailed description of the duties of the position, including physical demands and environmental factors.
(d) The personnel authority or agency may order a psychiatric examination (including a psychological assessment) only when the result of a current general medical examination authorized by the agency or personnel authority under this section indicates no physical explanation for behavior or actions which may affect the safe and efficient performance of the individual or others.
(e) All medical specialty examinations ordered or offered under this section shall be conducted by a medical specialist.
(f) The employee shall pay for any medical examination conducted by a physician or practitioner he or she selected, regardless of whether the medical qualifications examination is ordered or offered by the agency or scheduled on the employee’s own initiative.
(g) An agency may authorize, under conditions prescribed by the agency, an agency-required pre-employment medical qualifications examination of an applicant to be conducted by a physician or practitioner designated by the applicant, in which case the applicant shall pay for the examination.
(h) Each agency shall receive and maintain all medical documentation and records of examinations obtained under this section in accordance with the provisions of Chapter 31 of these regulations.
(i) The report of an examination conducted under this section shall be made available to the applicant or employee under the provisions of chapter 31 of these regulations.
2049.12If, based on the review of the medical documentation, in consultation with a physician or practitioner, the employing agency or personnel authority determines that an employee is temporarily disabled from performing his or her duties, the personnel authority may authorize one (1) or more of the following actions, as appropriate:
(a) Detail;
(b) Make existing facilities used by the employee readily accessible to and useable by a qualified individual with a disability;
(c) Temporarily reassign to vacant position;
(d) Change tour of duty; or
(e) Any other feasible assistance in returning the employee to full performance capacity.
2049.13If, based on the review of the medical documentation, in consultation with a physician or practitioner, the employing agency or personnel authority determines that the disability is permanent, the personnel authority shall do the following:
(a) Determine whether reasonable accommodation can be made that would enable the employee to perform the essential functions of the position;
(b) In the event of a negative determination under Subsection 2049.13 (a) of this section, determine if there is another position available for which the employee qualifies and in which he or she can perform satisfactorily and safely, with or without reasonable accommodation;
(c) In the event of a negative determination under Subsection 2049.13 (b) of this section, explore with the employee, or his or her representative, the eligibility requirements and the advisability of filing for disability retirement or social security disability, as appropriate; or
(d) In the event that the individual does not qualify for or does not apply for disability retirement or social security disability, or, if his or her application has been disapproved, the personnel authority may initiate action to terminate the employee.
2049.14If, based on the review of the medical documentation, the personnel authority determines that the employee is fit, and the employee continues to be deficient in either conduct or performance, the personnel authority may take administrative action against the employee. Any action taken against a Career Service employee covered under Chapter 16 of these regulations shall be taken under the provisions therein.
2049.15This section shall not apply to any situation where an employee, due to a problem or condition that adversely affects his or her overall work performance, and with his or her supervisor’s approval, is engaged in a voluntary program of medical assistance through a personal physician or practitioner, the Employee Assistance Program under Section 2050 of this chapter, or any other recognized and qualified party. In these situations, a medical examination may be offered at the employee’s request, and shall be ordered only if the employee continues to perform unsatisfactorily, or poses a significant risk of substantial harm to his or her health or safety, of that of others.