Chapter 478-4 MEDICAL AND PHYSICAL EXAMINATION PROGRAM: PROSPECTIVE STATE EMPLOYEES

Rule 478-4-.01 Definitions

"Commissioner" and "Commissioner of Personnel Administration" are synonymous and mean the chief executive officer of the Department of Administrative Services. The term also includes any person properly designated by the Commissioner to perform any duty of the Commissioner under these rules.

(2)	"Committee" and "Medical and Physical Standards Committee" are synonymous and mean the body appointed by the Commissioner to advise the Board relative to standards of medical and physical fitness.

(3)	"*Department"*means any department or agency of the state.

(4)	"*Prospective Employee"* means any person, other than a department head, who has been offered employment by any state department, who will work at least 30 hours per week, and whose employment shall not be of short-term, temporary, contingent, intermittent, part-time, or student nature.

(5)	"*Qualified medical practitioner"* means any medically trained person who is licensed to assess the medical and physical condition of a Prospective Employee.

(6)	"**State Personnel Board" and "Board"** are synonymous and mean the body established by Article IV, Section III of the Constitution of the State of Georgia.

(7)

"State Physician" means any licensed physician who has been employed or contracted by a department or the Commissioner for the purpose of conducting Limited or Full Physical assessing the results of the examination for Prospective Employees, or determining if the Prospective Employee meets the standards of physical fitness for the specific position.

Rule 478-4-.02 General Provisions

(1)

Applicability. No prospective employee who is otherwise qualified shall be employed on and after July 1, 1996, in any capacity by the state or any department or agency thereof, unless the person has completed certification or is certified by a qualified medical practitioner as meeting the standards of medical and physical fitness as established by the Board.

(1)	*Records*. All medical information that is completed or collected in any form about a prospective employee under the Medical and Physical Examination Program shall be confidential and retained separately from other personnel records of the employee.

(2)

Prospective Employee's Responsibility. A prospective employee may choose to use a medical practitioner other than a State Physician to complete the Limited or Full Physical Examination. Theprospective employee shall cause the physical examination report to be forwarded to a State Physician to determine if the appropriate standards of physical fitness have been met.

(3)

Completion of the Physical Examination and Certification. The prospective employee shall complete the self-assessment or the Limited or Full Physical Examination prior to the effective date of employment. The employing department shall require the prospective employee who chooses to use a medical practitioner other than a State Physician to submit the Limited or Full Physical Examination assessment to the employing department prior to the date the employee reports to work. The employing department and the Commissioner shall provide for performance requirements that stipulate that a State Physician shall complete the assessment and decision no later than the fortieth day following receipt of the Physical Examination report or conducting the Limited or Full Physical Examination.

Rule 478-4-.03 Organization

(1)

Functions, Duties and Responsibilities of the State Personnel Board. The State Personnel Board shall prescribe the general policies by which the Medical and Physical Examination Program shall be administered. Specific functions of the Board are: (10-31-96/1-31-97)

(a)	subject to the approval of the Governor, promulgate rules and regulations for the effective administration of the Medical and Physical Examination Program; (10-31-96/1-31-97)

(b)	after providing interested parties an opportunity to review and comment, approve the standards of medical and physical fitness that are required by the duties of the specific positions in the state service; (10-31-96/1-31-97)

(c)	establish a fee to be paid to consultants for services rendered in the development of standards of medical and physical fitness; however, persons in the employ of the state shall not receive compensation other than the regular salary paid by the employing department or agency. (10-31-96/1-31-97)

(2)

Functions, Duties and Responsibilities of the Commissioner. The Commissioner shall administer the medical and physical examination and certification program. The Commissioner: (10-31-96/1-31-97)

(a)	subject to the approval of the State Personnel Board, shall appoint a Medical and Physical Standards Committee consisting of up to five Georgia licensed doctors of medicine or other specialists to develop standards of medical and physical fitness; (10-31-96/1-31-97)

(b)	shall develop all forms for administration of the medical and physical examination program, shall develop procedural processes for administration and shall publish the standards for medical and physical fitness; (10-31-96/1-31-97)

(c)	may develop appropriate purchasing requests to select through a competitive process and enter into an agreement on behalf of the departments to conduct assessments for medical and physical fitness as required by the standards of medical and physical fitness; (10-31-96/1-31-97)

(d)	provide technical assistance to employing departments for complying with the requirements of the Medical and Physical Examination Program. (10-31-96/1-31-97)

(3)

Functions, Duties, and Responsibilities of the Employing Departments. The department head or his or her designee shall administer the medical and physical examination and certification within the respective department in compliance with the standards of medical and physical fitness. In addition, the department head or his or her designee: (10-31-96/1-31-97)

(a)	shall develop policies and processes necessary for compliance with these rules within 120 calendar days of the effective date of these provisions; (10-31-96/1-31-97)

(b)	shall advise the Commissioner and Committee on duties required for specific positions in the respective department; (10-31-96/ 1-31-97)

(c)

may employ a licensed physician or contract for services of a licensed physician to be designated as a State Physician to perform the assessment and make a determination as to compliance with the standards of physical fitness for Prospective Employees of the respective department; (10-31-96/1-31-97)

(d)	may utilize the statewide contract of State Physician(s) to conduct the Limited or Full Physical Examination and to determine if the Prospective Employee meets the appropriate standards for physical fitness for the specific position; (10-31-96/1-31-97)

(e)	may pay the charge for contract services of the State Physician to conduct the Limited or Full Physical Examination for the specific position; (10-31-96/1-31-97)

(f)	shall pay any charges for contract services for the State Physician to review Limited or Full Physical Examination reports and decide if the Prospective Employee's physical condition meets the standards of physical fitness for the specific position; (10-31-96/1-31-97)

(g)

shall inform the Prospective Employee of the administrative requirements to comply with the Medical and Physical Examination Program and furnish the Prospective Employee with the appropriate forms and standards of medical and physical fitness for the position for which the employment offer has been made. (10-31-96/1-31-97)

Rule 478-4-.04 Standards of Medical and Physical Fitness

(1)	The Commissioner shall determine the most appropriate method of collecting information about the duties required of specific positions and shall provide the Committee with departmental collected information that describes the essential functions of specific groups of positions. (10-31-96/1-31-97)

(2)

Based upon the information about the essential job functions, comments from departmental representatives, and guidelines provided in state and federal laws, the committee shall formulate recommended standards for medical and physical fitness for specific positions. The standards for medical and physical fitness that are in effect on June 30, 1996, shall remain in effect until modified through these rules. (10-31-96/1-31-97)

(3)

Upon approval by the Board of new or revised standards, Prospective Employees who are employed on and after the effective date of the new or revised standards of medical and physical fitness shall be assessed using the new or revised standards. The standards shall include the method of assessment and certification that is required for a decision as to the medical and physical fitness of the Prospective Employee. (10-31-96/1-31-97)

Rule 478-4-.05 Assessment and Certification

(1)	Self-Assessment. Positions that require general health conditions may be included in general standards of medical and physical fitness that provide for the Prospective Employee to assess oneself by completing a questionnaire or statement form. (10-31-96/1-31-97)

(2)

Limited Physical Examination. Positions having essential functions that may involve moderate to heavy physical activity or exposure to conditions that normally place the employee or public in unhealthy risk situations may require a Limited Physical Examination for assessing if the Prospective Employee meets the appropriate standards of medical and physical fitness. The examination may be performed by a State Physican; however, the employee may choose to use any licensed medical practitioner other than a State Physician who is designated by the employing department. (10-31-96/1-31-97)

(3)

Full Physical Examination. Prospective Employees for positions having essential functions that require strenuous physical activity or potentially life-threatening working conditions shall be assessed by a Full Physical Examination. The examination may be performed by a State Physician; however, the employee may choose to use any licensed medical practitioner other than a State Physician who is designated by the employing department. (10-31-96/1-31-97)

(4)

Certification. Certification that the Prospective Employee meets the standards of medical and physical fitness may be completed by the Prospective Employee or a State Physician. (10-31-96/ 1-31-97)

(a)

A department may accept the self-assessment as self-certification that the individual meets the general standards of medical and physical fitness to perform the essential functions of a position for which the general standards apply; however, the department may refer the form of self-assessment and the essential functions required of the Prospective Employee to a State Physician for assessment and certification that the Prospective Employee meets the standards of medical and physical fitness to perform the essential functions of the position. (10-31-96/1-31-97)

(b)

A department may accept the results of the Limited Physical Examination or Full Physical Examination and statement of assessment by a State Physician that the Prospective Employee meets the standards of medical and physical fitness to perform the essential functions of the specific position. (10-31-96/1-31-97)

(c)

A department may receive or designate a place for the receipt of the results of a Limited Physical Examination or Full Physical Examination report by a medical practitioner other than a State Physician. Based upon the report and any additional information required to make an assessment, a State Physician shall make an assessment of the results and determine if the Prospective Employee may be certified as meeting the standards of medical and physical fitness to perform the essential functions of the specific position. (10-31-96/1-31-97)

(5)

Cost. A department may develop a written policy that establishes the conditions under which the department or the Prospective Employee must pay the cost of a Limited or Full Physical Examination. (10-31-96/1-31-97)

(a)	Department Pay. The respective department may use appropriated funds for payment to pay a State Physician for performing the Limited or Full Physical Examination and certification. (10-31-96/1-31-97)

(b)	Employee Pay. The respective employing department may develop or participate in a pricing arrangement by which the "State Physician" may charge the Prospective Employee for a Limited or Full Physical Examination and certification. (10-31-96/1-31-97)

(c)	Employee Pay. When a Prospective Employee chooses to use a medical practitioner other than a "State Physician", the employee shall pay the charge made by the medical practitioner. (10-31-96/1-31-97)

(6)

Reasonable Accommodations. A department shall provide reasonable accommodation to the extent required by the Americans with Disabilities Act, 42 U.S.C. Sect 12010 et seq. The department shall take into consideration the report from the examining medical practitioner that the Prospective Employee does not have any condition that would impair the fulfillment of the prescribed duties of the position and the certification statement of a State Physician when complying with the requirements of federal and state law. (10-31-96/ 1-31-97)

Rule 478-4-.06 Appeal

(1)

Departmental Policy. Each department shall establish a written policy that provides the department with an informed opinion when Prospective Employees submit an appeal, regardless of the format under which presented, contesting any requirement of the Medical and Physical Examination Program. (10-31-96/1-31-97)

(2)	Departmental Decision. Upon receipt of an appeal from a Prospective Employee, the employing department shall review the facts and circumstances, obtain an informed opinion, and issue a final administrative decision to dispose of the appeal. (10-31-96/1-31-97)

(3)

Notice to Commissioner. A department shall provide to the Commissioner notification of any appeal or litigation filed in any court by a Prospective Employee that alleges a violation of these rules. When a decision regarding the issue is rendered by the appropriate departmental official or court, a copy of the decision shall also be made available to the Commissioner. (10-31-96/1-31-97)

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