§ 339.301 - Authority to require an examination.

§ 339.301 Authority to require an examination.

(a) A routine preappointment pre-employment medical examination is appropriate only for a position which has with specific medical standards , and/or physical requirements, or that is covered by a medical evaluation program established under these regulationsthis part.

(b) Subject to § 339.103 of this part, an agency may require an individual applicant or employee who has applied for or occupies a position which that has medical standards and/or physical requirements, or which is part of an established is covered by a medical evaluation program established under this part, to report for a medical examination:

(1) Prior to appointment or selection (including reemployment Subsequent to a tentative offer of employment or reemployment (including return to work from medically based absence on the basis of full or partial recovery from 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 direct question about an employee's continued capacity to meet the medical standards or physical or medical 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 on-the-job 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 reassignment assignment rights has medical standards and/or specific physical requirements which , 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 which that the agency has the authority to order under this section indicates no physical explanation for behavior or actions which that may affect the safe and efficient performance of the individual applicant or employee, the safety of others, and/or the vulnerability of business operation and information systems to potential threats, or

(ii) A phychiatric psychiatric examination is specifically called for in or psychological assessment is part of the medical standards for a position having medical standards or subject to required under a medical evaluation program established under this part.

(2) A psychiatric examination or psychological assessment authorized under paragraphs (ie) or (ii1) above 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 Neurology, or by a licensed practitioner or physician authorized to conduct such examinationspsychologist or clinical neuropsychologist, and may only be used to make legitimate inquiry into a person's mental fitness as it directly relates to successfully perform performing the duties of his or her the position without undue hazard significant risk to the individual applicant or employee or others, and/or to the vulnerability of business operation and information systems to potential threats.