MEDICAL QUALIFICATIONS

The Agency agrees that waivers (special considerations) to the medical certificate shall be granted on purely medical determinations, and shall indicate the employee is medically qualified to perform air traffic control duties. Any limitations provided for by the waiver shall be communicated to the employee in writing. If no such limitations are imposed, this information will also be communicated to the employee in writing.

Medical clearance examinations shall be conducted by an Agency medical officer or a certified Aviation Medical Examiner (AME). If there is not a medical officer located in the vicinity, then the Agency shall provide the employee with a list of AMEs within a reasonable traveling distance.

National medical standards and associated tests shall be established in accordance with OPM regulations and shall be applied uniformly nationwide.

Color vision tests (e.g. Air Traffic Controller Color Vision [ATCOV]) and associated medical clearance determinations shall be conducted in accordance with FAA Order 3930.3. If, as a result of color vision test(s), an employee is issued a special consideration medical clearance that precludes assignment to an ATCS position within his/her current facility, the Parties shall meet to collaboratively explore all reasonable avenues of placement. The Parties shall give priority to offering ATCS positions within the commuting area of his/her current position and at the same Facility Pay Level. However, these priorities shall not preclude the Parties from considering other available ATCS positions.

This does not prohibit the employee from pursuing rights granted by law, rule, regulation, or this Agreement.

All medical examinations required by the Agency, including those associated with the ATCOV, shall be scheduled on duty time. Employees shall be reimbursed for mileage and parking fees.

Whenever an employee spends more than eight (8) hours in an official duty status on a day during which he/she submits to a medical examination, evaluation, or review, the employee is entitled to overtime benefits for all time spent beyond the eight (8) hours. The increment of payment shall be one (1) minute.

The Flight Surgeon will decide if the employee does or does not meet the standards.

a. If the Flight Surgeon believes that further medical evaluation or reports by selected physicians or other medical specialists are necessary to determine if the employee meets the standards, such evaluations or reports will be authorized and, if there is any cost involved, paid by the Agency.

b. If an employee does not meet the retention standards, the employee may submit further medical evaluations or reports to the Flight Surgeon in order to obtain initial or special consideration. All transportation and expenses will be borne by the employee.

c. If an employee does not meet the standard, either temporarily or permanently, the medical examiner will outline for the employee, in writing, which of the medical standards have not been met. Upon the employee's request, the Flight Surgeon shall normally suggest, in writing, what further medical evaluations or reports may be submitted by the employee to obtain initial or continuing special consideration.

d. In cases where the Flight Surgeon authorizes additional evaluations, employees may submit names of physicians or medical specialists to be considered to conduct the evaluation under this Section. Reimbursement shall not be made unless the services are authorized by the Regional Flight Surgeon.

e. The Regional Flight Surgeon shall consider all available medical information before issuing a permanent disqualification.

All correspondence between the Flight Surgeon's Office and the employee is confidential. While facility management may be used as a conduit for the passage of written information, it shall be transmitted back and forth in sealed envelopes to be opened by the employee or Flight Surgeon only, as appropriate.

In the event an employee is permanently medically disqualified, or has been temporarily incapacitated for a period of ninety (90) days or longer, he/she shall have the opportunity to appeal such decision to the Federal Air Surgeon, FAA Headquarters, Washington, DC. Pending the outcome of the decision by the Federal Air Surgeon, the Agency shall make every reasonable effort to accommodate the employee in accordance with Article 45 of this Agreement. For the purposes of this provision, the employee shall continue to be considered a member of the bargaining unit. In the event of a negative determination and the employee is permanently medically disqualified, the employee shall have the option to apply for a disability retirement, request to be reassigned to a position for which he/she is qualified, or be accommodated in accordance with the Rehabilitation Act of 1973, as amended, and this Agreement.

Employees must assume the expense of any self-initiated examinations to support review actions. The Flight Surgeon normally will not determine that an employee meets or does not meet medical retention standards solely on the basis of the information provided by the employee's own physician.

Employees shall not perform air traffic control duties beyond the last day of the month in which their medical certificate expires unless the clearance is extended by special consideration of the Regional Flight Surgeon. It is the employee's responsibility to report for medical exams scheduled by the Agency. If the employee's medical certificate expires due to the Agency's failure to schedule the employee's required medical examination in a timely manner, the employee shall be assigned other duties not requiring a medical certificate until such time as a medical certificate is issued.

Class II medical certificates are not required for the performance of air traffic control duties. Class II or III medical certificates may be issued to bargaining unit employees who need a Class II or III certificate as an airman but not an ATCS.

The provisions of this Article shall be applied uniformly nationwide and to those bargaining unit employees who are required to maintain medical certificates.

Employees may not perform air traffic control duties during any period of known physical deficiency, concurred with by the Regional Flight Surgeon, which would make them unable to meet their current medical certificate. If such conditions occur, the provisions of Article 25 of this Agreement are authorized.

At least once annually, the Agency shall provide medication guidelines, including restricted medications, to the Union at the national level. These guidelines are not a comprehensive or all-inclusive list of all medications that restrict employees from performing safety-related duties. Further guidelines on restricted medications may be found in FAA Order 7210.3.

At least once annually, the Parties shall meet to discuss policies on medications and medical conditions that may result in temporary or permanent medical disqualification of employees. In order to make these meetings as productive as possible, the Parties’ representatives should include qualified medical representatives.

The Agency has determined that no later than October 31, 2016, it will establish a policy to evaluate employees who are being treated with certain selective serotonin reuptake inhibitor (SSRI) medication(s) for a special consideration medical clearance. Prior to implementation of this policy, the Agency will meet any bargaining obligation in accordance with Article 7 of this Agreement.

As medical qualifications, restrictions, and associated procedures may be modified and no such potential modifications have been discussed nor could have been contemplated, the Union reserves the right to mid-term negotiations. Any such negotiations shall be in accordance with Article 7 of this Agreement.