As an Agency whose mission is to prevent death,illness,
and injury from mining and promote safe and healthful
workplaces for miners, MSHA must also ensure the
safety and health of its own employees.
MSHA has established medical qualifications and a medical
evaluation program to ensure that employees and applicants
are able to perform the essential duties of their
position without endangering the health
and safety of themselves or others.
Medical standards apply to all positions
determined to be arduous or hazardous;
that is, those positions that are dangerous
and physically demanding to a degree
that an employee’s medical or physical condition is important
to ensuring the safe and efficient performance
of the essential duties.
This generally includes all mine safety and health
inspector positions and positions that regularly enter
mine sites in the performance of their duties.
MSHA’s medical program includes
The evaluation process
which begins with a medical examination
then followed by, An individualized assessment
for individuals who do not meet
one or more medical standards
or have been diagnosed with other medical issues
that may pose a risk to self or others
Steve Roby, MSHA Director of Human Resources
and Individual Assessment Program Manager
will provide you with aditional information reguarding
the Individualized Assessment process.
Individualized Assessment process
gives employee additional consideration
by evaluating the medical standard
that was failed against the specific position
working conditions
environment and other relevant issues
to determine whether the employee
can perform the duties safely to themselves and others
This individual assessment process begins after
the medical review officer has received all medical
documentation and made the determination that the employee
has failed a standard.
The medical review officer is a doctor who is contracted by MSHA
Please note, it is very important to provide the
additional documentation the MRO requests,
including going for additional testing if necessary
Here's a copy of the report to employer
That's sent to the management team but does not have any
detailed medical information on it
The other copy is a report to employee
it does have relevant; detailed; medical information on it
to help notify the employee what standards is failed and why
The individual assessment team is going to determine whether you
the employee can perform the duties of the position
even though you have failed the medical standards,
and still remain safe to themselves and others
If so, a waiver will be issued for that specific failed standard
If the individual assessment team determines the employee
can’t perform the duties safely
a disqualification letter will be sent to the employee
Here is a copy of that disqualification letter
The Disqualification Letter will outline the next steps
in the medical disqualification process
The Letter will outline four option you’ll need to choose from
and chose those options within 14 calendar days
First Option is Reconsideration
This is when you have additional information
or documentation to support the request
Examples would be you went and got additional testing
or a doctor's statement stating you can perform your job without restrictions
Second Option is a Request for Reasonable Accommodations
An example may be if you’re an underground Coal inspector
and you can wear hearing aids to meet the medical standard
A reassignment to a Surface Inspector may be an option
Third Options include Retirement options
This may be regular or disability retirement
and the fourth option is separation
You may want to voluntarily separate from Federal Service
If you choose not to select an option
or an option cannot be accommodated
then you may be removed from Federal Service
I hope the additional information Nancy presents
during the training answers all your questions
but if not feel free to call your Office of Employee Safety
and Health or Human Resources Department for more information
Hi, My name is Nancy Messina
and i'm from the Human Resources Division at the Mine Safety
and Health Administration Headquarters in Arlington Virginia.
I'm here today to tell you a little bit about the
Individualized Assessment Process
thats part of or Medical Review Program.
Are agenda is going to cover the basics of the Medical Review Program.
As will as the Individualized Assessment Process.
What happens when somebody is found to be medically
disqualified, what are your options,
and what are MSHA medical standards as they relate
too the Individualized Assessment Process.
How do we deal with applicants doing that same process.
I'm also going to talk a little bit about he MSHA Hearing
Conservation Program, some resources that you can refer to
as will as some frequently asked questions wil be provided
at the end of the briefing.
Basically, MSHA has a Medical Review Program becouse employees
must be physically fit and able to perform arduous and hazardous
duties.
in their position and remain safe
and preform them efficiently without posing significant risk
to themselves or to others.
Arduous or hazardous duties are dangerous
or physically demanding to a degree that an employee’s
medical and physical condition must be evaluated to ensure
to ensure the safe and efficient performance of the position’s essential duties.
Employees who perform regular duties in mines are subject to MSHA’s Medical Standards.
With reguard to hearing
No more than 40 decibel hearing loss in either ear at specific frequencies is permitted.
Use of hearing aids are allowed during hearing tests.
However, there are no hearing aids approved for use in mines
where permissible equipment is required.
Vision: 20/40 or better in each eye with or without glasses or contact lenses.
Standards for near vision, depth perception,
peripheral vision, and color vision also apply.
Additional general health factors such as Pulmonary,
respiratory, heart and lung functionality are also tested.
Other health issues are covered in the MSHA Administrative Policy and Procedures Manual.
MSHA Medical Review Program also includes an annual audiogram
as will as physical exam every 3 years
thats the part that includes vision and other health factors
The annual physical exam is required for all mine rescue team members
additional physical exams may be required if medical issues arise
Generally, MSHA pays the cost of all physical exams,
audiograms and medical tests that are required under the Medical Review Program
This slide showes the medical review and the individualized
assessment process; in flow chart format.
Above the red line is the responsibility of the Office of Employee Safety and Health.
which will result in either your cleared to work
or you failed to meet the standards,
if you fail to meet the standards
you drop down below the red line where the Human Resources Division
takes over and conducts the Individualized Assessment
the Individualized Assessment will result in either your
Cleared to Work
your cleared to go back to work with a waiver or your not cleared
if your not cleared and your medical disqualified
their are four option that each employee will have
The Office Of Employee Safety And Health responsibilities
are to inform the employee of the results of the review
of medical exam by MSHA Medical Review Officer
they also informs employee
and the appropriate Program Management Official
if the employee met Medical Standards.
The Office Of Employee Safety And Health my also ask you
for additional medical documentation if requested by Medical Review Officer
please keep in mine that your failure as an employee to
respond to that information request in a timely manner
may result in disciplinary action
Then the Office Of Employee Safety And Health
will also inform the Program Management Officials
if you had failed to meet Medical Standards
and the process continue to work through to the Individualized Assessment
doing this time you may be placed on a light duty assignment.
Once you fall into the Individualized Assessment
process the Human Resources Division takes over.
They inform the employee, the Program Management Official;
if a waiver has been granted
they also tell the employee Program Management Officials if your Not Cleared
in other words your medically disqualified
and they also inform the employee of the options
they have if their medically disqualified
When an employee doesn't meet medical standards,
MSHA conducts an Individualized Assessment to determine
if employee can perform the essential functions of the job,
with or without a reasonable accommodation,
and without posing a direct threat to self or to others.
The Individualized Assessment is conducted by Subject Matter Experts
and MSHA Employees familiar with mine conditions
All medical records are completely sanitized
all personally identifiable information is redacted
for privacy and anonymity of the employee
Subject Matter Experts review relevant medical records,
position description, work environment and working
conditions and reach a consensus
Medical Professionals are also consulted, if necessary
The Individualized Assessment Process results in three different outcomes.
The first one is cleared - The IA TEAM finds that applicable
medical standards are met; employee cleared for duty.
The second option is that a waiver;
is issued and the Individualized Assessment team
recommends that a waiver be issued for specific medical standard;
and the employee cleared for duty.
keep in mine that a waiver is for a specific medical condition
addressing a specific medical standard
and a waiver is valid until the next physical exam or audiogram
if no change in medical condition
a waiver may be extended to the next physical or the next audiogram
The third option is that your not cleared
and the IA TEAM finds that employee poses a significant
risk of substantial harm direct threat to him or herself and or others
and the employee medically disqualified
When your medically disqualified there are four options
The first one is Reconsideration:
employee may provide additional documentation relating
to the findings in the Individualized Assessment
The second outcome is Reasonable accommodation:
employee may request reasonable accommodation, which could include reassignment
and the third outcome is Voluntary Retirement,
Disability Retirement or Discontinued Service Retirement
Fourth is Voluntary Separation also known as Resignation
If no option requested,available and approved, an employee may be removed from government service.
Applicants are also subjected to MSHA medical standards
An applicants with tentative job offer
must undergo Pre-Placement Physical prior to final job offer
Failure to timely provide additional medical documentation
if requested, may result in withdrawal of job offer
Applicants who don't meet Medical Standards
also go through Individualized Assessment process
and they also may request a reasonable accommodation
a job offer withdrawn if Individualized Assessment process
determines applicant is medically disqualified
and no reasonable accommodation is available
All employees who are exposed to mining environments
are automatically enrolled in the Hearing Conservation Program
Noise exposure on the job is evaluated
and baseline and follow-up audiometric testing is required
Hearing Protection Devices are provided
and additional training provided on the Hearing Conservation Program
you can refer to the Administrative Program and Policy Manual,
Volume 2, Chapter 400, Section 429
Thank you very much for your time and attention to this very
important subject and please refer to the power point
presentation for additional resources including some
frequently asked questions.