Attchmnt_2-IA_Policy.pdf

OFFICE OF MARINE AND AVIATION

OPERATIONS

POLICY

VERSION

1.0

EFFECTIVE DATE

November 30, 2011

AUTHORIZED BY:

/s/ Rear Admiral Jonathan W. Bailey, NOAA

RADM Jonathan W. Bailey, NOAA Director, Office of Marine and Aviation Operations

REVIEW DATE

November 30, 2014

RESPONSIBLE POSITION

Director, Health Services

OMAO INDIVIDUALIZED ASSESSMENTS

1. PURPOSE

1.1 This policy clarifies current guidance for conducting Individualized Assessments (IA) (fitness for duty determinations) for applicants, employees who sail aboard National Oceanic and Atmospheric Administration (NOAA) ships or fly aboard NOAA aircraft, and those individuals who must meet medical standards to participate in diving through the NOAA Diving Center (NDC).

2. SCOPE

2.1 This policy applies to all personnel who must meet medical standards to sail aboard NOAA ships, fly aboard NOAA aircraft, or to dive through the NOAA Diving Program.

2.2 The NOAA Corps’ Center for Commissioned Personnel (CPC) has a separate policy for determining fitness for duty for its officers and officer candidates.

3. POLICY

3.1 In accordance with part 339 of title 5 of the Code of Federal Regulations, the Office of Marine and Aviation Operations (OMAO) shall maintain medical standards for the Marine Operations Centers (MOCs), Aviation Operations Center (AOC), and NDC, specifically tailored to the duties associated with the respective mission. It shall also maintain a comprehensive, consistent, and legally sufficient medical qualification determination process to sustain these medical standards.

3.2 Medical examinations and/or health screenings shall be conducted to determine if individuals are medically qualified to participate in the respective OMAO activity. OMAO Health Services (HS) shall request additional medical information when medical history or basic medical screenings raise questions regarding the subject’s medical fitness. After analysis of all medical information available, OMAO HS may find an individual Fit for Duty (FFD), permanently Not Fit for Duty (NFFD), or Temporarily Not Fit for Duty (TNFFD). If the employee or applicant is NFFD and this finding is supported by an IA, the individual is prohibited from participating in that activity.

3.3 HS shall gather and evaluate medical information and, if required, conduct an IA of applicants, employees, and temporary staff and apply these medical standards in all medical qualification determinations.

4. GUIDANCE

4.1 Medical Fitness for Duty Determinations

4.1.1 A medical fitness for duty determination is required for:

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A. New candidates/applicants for wage marine positions, positions at the AOC which have medical standards, and individuals participating in the NOAA Dive Program – When the required initial medical screenings reveal the candidate has a potentially disqualifying condition, OMAO HS has the authority to request that the candidate provide additional medical records and undergo additional medical tests. If after all medical information is collected it is determined a potentially disqualifying condition still exists, OMAO HS must perform an IA to assist in making a medical qualification determination.

B. Current OMAO employees in positions with medical standards – Should a current employee become medically unable to perform his/her position, or if it becomes evident that the employee may have a potentially disqualifying condition, OMAO HS has the authority to request that the employee provide additional medical records and undergo additional medical tests. If after all medical information is collected it is determined a potentially disqualifying condition still exists, an IA is required to assist in making a permanent NFFD determination.

C. Individuals taking part in temporary activities, i.e., visiting scientists aboard vessels – These individuals are required to provide medical information in a NOAA Health Survey Questionnaire (NHSQ). When a potentially disqualifying medical condition is identified on the NHSQ, OMAO HS has the authority to request further medical documentation and additional medical tests. If after all the medical information is collected it is determined a potentially disqualifying condition still exists, an IA is required to assist in the final medical qualification determination for the temporary activities.

4.1.2 Elements of the medical qualification determinations include:

A. Standardization of IAs – Individuals will not be medically disqualified for a position of employment based on their general medical condition. The assessment process will focus on the individual’s ability (or inability) to perform the essential functions of the job. The IA supporting a NFFD determination must demonstrate the applicant is disqualified because he or she poses a “direct threat” – a situation presenting a significant risk of substantial harm to the health or safety of the employee or others, or harm to the mission of the Agency, which cannot be eliminated or reduced by reasonable accommodation.

Attachment A provides a template OMAO HS personnel will use to compose a legally sufficient IA.

An IA will be written for all medical conditions that may be permanently disqualifying. This does not include episodic illnesses or injuries (such as a sinus infection or a broken arm) or other medical conditions that are temporary in nature and will heal or resolve without significant residual effects or defects. The development of a chronic disease or condition (such as cardiovascular or neurologic disease) may render an employee TNFFD at times and FFD at other times. If it is determined by OMAO HS and by medical documentation from the employee’s physician that the employee cannot permanently return to work based on their disease or condition, then an IA will be conducted.

B. Coordination and communication between HS, NOAA Workforce Management Office (WFMO), and U.S. Department of Commerce (DOC) Office of the General Counsel (OGC) – OMAO HS, WFMO, and OGC will work as a team in matters that involve medical qualification determinations. OMAO HS will engage WFMO whenever medical qualification issues arise (excluding the NHSQ for those scientists or other guests and those cases where diving is considered a collateral duty).

4.1.3 Important process elements that apply to the IA process include:

A. WFMO and the individual’s supervisor will be informed as soon as an OMAO HS official identifies a potentially disqualifying condition (as applicable).

B. OMAO HS officials shall not indicate to the applicant that he or she is NFFD. A TNFFD (temporarily not fit for duty) notice will be issued by OMAO HS when the potentially disqualifying condition becomes apparent, then an IA will be conducted and submitted. WFMO will notify the individual concerned when the IA has been received by their division and will send this individual a written update on progress at regular and consistent intervals until resolution (as applicable).

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C. The Director, Health Services (DHS) reviews and approves all IAs composed by the Regional Directors of Health Services and/or Staff Medical Officers, Dive Medical Officer, and Aviation Medical Officer.

D. If the result of an IA is FFD, a fitness for duty letter will be provided to the employee and no further action is required.

E. It is the responsibility of the individual OMAO program to provide information to anyone who is determined to be NFFD regarding its individual reconsideration process at the time of the NFFD notification.

F. WFMO is typically not involved in NHSQ medical issues for cooperating scientists and/or guests, and diving medical issues if diving is a collateral duty.

4.2 Reconsideration

4.2.1 An individual found permanently NFFD may submit a letter of request for reconsideration to the DHS within the designated timeframe described on the program-specific General Information sheets (Attachments B - F). This letter must clearly indicate that there is NEW medical information available supporting the reconsideration (not the same medical information presented in the IA). All new medical information must be sent to the DHS within the designated timeframe (see Attachments B - F). In the event additional time is required due to scheduling medical tests or appointments, a time extension may be requested in writing to the DHS. Upon receipt of all reconsideration documentation prior to the established deadlines described in the program-specific General Information sheets, the DHS will review and draft a letter of recommendation to the Director, OMAO. The Director, OMAO, will then review the reconsideration request and make the final determination.

4.2.2 The reconsideration determination is the final decision and cannot be further reconsidered. If new and additional information is obtained after the reconsideration decision, a new IA must be conducted for a FFD determination.

5. RESPONSIBILITIES

5.1 HS performs physical evaluations and evaluations of medical documents, and develops a written IA when indicated to determine FFD. HS will also notify WFMO Client Services of the positive OR negative results of the IA for applicants and will notify OMAO management of the determination of FFD for any OMAO employee.

5.2 WFMO notifies applicants of FFD/NFFD status. Additionally, WFMO Employee/Labor Relations Division coordinates with DOC OGC, OMAO HS, and OMAO management officials in processing the IA document and notification of FFD when applicable.

5.3 DOC OGC reviews IA document for legal sufficiency.

6. DEFINITIONS

Individualized Assessment A written document outlining fitness for duty parameters andpertinent medical information to assist in determining whether a particular applicant, employee, or visiting individual is fit for duty.

Collateral Duty A secondary or subordinate duty (usually program related) which one volunteers to perform in addition to the primary duties of the position of record (e.g., diving).

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7. REFERENCES

Code of Federal Regulations, Title 5, Part 339 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr339_main_02.tpl

8. AUTHORITY

OMAO Policy 1001, Category 1000 - Medical

9. NOTES

Effect on other documents: Supersedes decision memorandum, “DECISION: Interim Process for Medical Screening of Wage Mariner Applicants Aboard NMAO Vessels,” signed by Geoffrey D. Fuller, Deputy Director, Office of Marine and Aviation Operations, dated June 27, 2007.

Distribution: AOC, MOC-A/P, NOAA Ships, Health Services

Document History:

Version Effective Date Brief Description of Changes

1.0 11/30/11 Initial Document

Attachments:

Attachment A – Individualized Assessment Template Attachment B – General Information: Individualized Assessment Process (AOC) Attachment C – General Information: Individualized Assessment Process (Wage Mariner Employee) Attachment D – General Information: Individualized Assessment Process (NDP) Attachment E – General Information: Individualized Assessment Process (NHSQ) Attachment F – General Information: Individualized Assessment Process (Wage Mariner New Applicant)