5 C.F.R. § 339.202

Medical standards

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OPM may establish and/or approve medical standards for a Governmentwide occupation (i.e., an occupation common to more than one agency) or approve revisions to its established medical standards. An individual agency may establish medical standards for positions that predominate in that agency (i.e., where the agency has 50 percent or more of the positions in a particular occupation). Such standards must be justified on the basis that the duties of the positions are arduous or hazardous, or require a certain level of health status for successful performance when the nature of the positions involves a high degree of responsibility toward the public or sensitive national security concerns. The rationale for establishing the standard must be documented and supported by a study(ies) or evaluation(s) establishing the medical standard is job-related to the occupation(s). Medical standards established by agencies must be approved by OPM prior to implementation. Standards established by OPM or an agency must be:

(a) Established by written directive and uniformly applied, and

(b) Directly related to the actual performance and requirements necessary for the performance of the duties of the position.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2011–2023 · leading case: David Atkins v. Ken Salazar, Sec'y, 677 F.3d 667 (5th Cir. 2011).
David Atkins v. Ken Salazar, Sec'y, 677 F.3d 667 (5th Cir. 2011). “” 5 C.F.R. § 339.202 . The regulation further requires that “[t]he rationale for establishing the standard must be documented.”
Robert Miller v. Dep't of Def. (MSPB 2023). “The duties of a PFPA Police Officer are arduous and hazardous, and the position is subject to Office of Personnel Management (OPM)-approved medical standards under 5 C.F.R. § 339.202 . IAF, Tab 5 at 10-25, Tab 7 at 146-68.”
David Atkins v. Ken Salazar, Sec'y (5th Cir. 2012). “” 5 C.F.R. § 339.202 . The regulation further requires that “[t]he rationale for establishing the standard must be documented.”
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