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MEDICAL QUALIFICATIONS
Section 1. The FAA Air Traffic Control Specialist Health
Program shall cover all Air Traffic Control Specialist bargaining unit
members. In accordance with the provisions of that program, the Employer shall
provide medical examinations for employees when required for currency.
Section 2. National medical standards and associated tests shall be
established in accordance with OPM regulations and shall be applied uniformly
nationwide.
Section 3. An Agency medical officer or a certified Aviation Medical Examiner
(AME) shall conduct medical clearance examinations. If there is not a medical
officer located in the vicinity, then the Employer shall provide the name(s)
of approved ATCS Examiner(s) within a reasonable traveling distance.
Section 4. 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 members who request a Class II or III certificate as
an airman.
Section 5. All medical examinations required by the Employer shall be
scheduled on duty time. Employees shall be reimbursed for mileage and parking
fees.
Section 6. Time spent by an employee participating in a medical examination,
evaluation or review, shall be considered hours of work for purposes of
determining any entitlement to overtime pay.
Section 7. No expense shall be borne by bargaining unit employees for required
medical examinations. If after initial examination, 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 Regional Flight Surgeon.
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.
If a determination is made that an employee does not meet the retention
standards, further medical evaluations or reports submitted by the employee
to obtain initial or continuing special consideration by the Flight Surgeon
will not be authorized or paid by the Employer. 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. The Regional Flight Surgeon shall consider all available
medical information before issuing a permanent medical disqualification.
Employees must assume the expense of any self-initiated examinations to
support review actions. Costs of refraction or lenses, or other appliances,
or any treatment required to meet the medical standards shall be borne by
the employee. 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.
If the employee disputes a permanent medical disqualification by the
Regional Flight Surgeon, the medical documentation relied upon in making the
decision may be reviewed by the Federal Air Surgeon. If the Federal Air
Surgeon review determines that the ATCS is qualified without special
consideration, the Agency will bear the expense of any additional
examination(s) or reports not covered by medical insurance and determined
relevant for the aeromedical determination by the Federal Air Surgeon. If
the Federal Air Surgeon review determines that the ATCS is not qualified or
that the ATCS is qualified with special consideration, the employee will
bear the expense of any additional examination(s) or report(s).
In the event that the Federal Air Surgeon chooses not to review the Regional
Flight Surgeon�s decision or if the employee disagrees with the decision of
the Federal Air Surgeon/Regional Flight Surgeon, he/she may seek a remedy in
accordance with Article 67 of this Agreement or any other procedure
available in law or regulation.
Section 8. The Employer agrees that determinations of
eligibility for employee medical clearance and/or waivers (special
considerations) to the medical certificate shall be granted on solely medical
factors, and shall indicate the employee is medically qualified to perform air
traffic control duties. Any limitations provided for by a 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.
Section 9. In the event an employee is permanently medically disqualified,
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 Employer shall make every reasonable effort to
provide the employee with administrative duty in accordance with Article #
(NAATS proposed Article 51, Assignment of Temporarily Disabled Employees) 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, the employee shall have the option to apply for a
disability retirement or 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.
Section 10. Any psychological examinations of bargaining unit members shall be
ordered in accordance with Agency policy and consistent with 5 CFR 339.
Section 11. 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 Employer. In such cases where the medical certificate expires and no
extension is granted by the Regional Flight Surgeon, the employee shall
perform duties not requiring a medical certificate until such time as a
medical determination is rendered.
Section 12. Employees may not perform ATC duties during any period of known
physical deficiency, concurred with by the Regional Flight Surgeon, that would
make them unable to meet their current medical clearance. If such conditions
occur sick leave, (or, at the employee�s option) annual leave, credit hours,
LWOP or compensatory time may be approved in accordance with the appropriate
provisions of this agreement.
Section 13. At least once annually, the Employer 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
7210.3P.
Section 14. The provisions of this Article shall be applied uniformly
nationwide.
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