Official CBA Page 161
ARTICLE 32: FITNESS FOR DUTY
A. PURPOSE: This Article, along with TSA MD 1100.33-2, Management-Initiated Fitness-for-
Duty Evaluations, establishes the procedures for fitness-for-duty evaluations of bargaining unit
employees. In the event of a conflict, the provisions of this Article will govern.
NOTE: This Article does not address claims filed with the Department of Labor, Office of
Workers Compensation Programs (OWCP), for alleged work-related injuries; see Article 31:
Work-Related Injuries and Illnesses for further information.
B. FITNESS-FOR-DUTY EVALUATION: TSA may require a bargaining unit employee to
undergo a fitness-for-duty evaluation, subject to the concurrence of the appropriate medical
office and in accordance with TSA policy (which requires that fitness-for-duty evaluations
comply with all applicable laws, policies, and regulations).
C. PROCESS:
1. In directing bargaining unit employees to undergo a fitness-for-duty evaluation,
management will comply with TSA policy.
2. The Parties understand that the fitness-for-duty evaluation process may include medical
inquiries, requests for and review of medical documentation, consultation with the
employee’s health care provider, and/or medical examination, as appropriate.
3. Bargaining unit employees will be notified when they are required to undergo a fitness-
for-duty evaluation. Bargaining unit employees will also be informed of the reason for the
fitness-for-duty evaluation.
4. If TSA determines that an independent medical examination is necessary, the bargaining
unit employee will be required to undergo a medical examination by a TSA-designated
healthcare provider. The bargaining unit employee will be informed of the consequences
of failure to provide the requested medical documentation within the required timeframe
and/or failure to comply with a TSA-ordered medical examination (e.g., not showing for
the scheduled medical examination).
5. If the employee is asked to schedule an independent medical examination, they will be
allowed a reasonable amount of time to do so. The Parties understand that no adverse action
will be taken solely as a result of appointment unavailability
6. [Blank] The Parties did not reach agreement on this provision.
7. [Blank] The Parties did not reach agreement on this provision.
D. COSTS: TSA will be responsible for the cost of any TSA-ordered independent medical
examination. TSA-ordered independent medical examinations will occur during the
employee’s duty hours.