D.C. Mun. Regs. tit. 6, r. 6-B2004

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-B2004 - PHYSICAL AND MENTAL QUALIFICATIONS REQUIREMENTS

2004.1

Except as otherwise provided by law, the Director of the D.C. Department of Human Resources may establish physical and mental qualification requirements that are necessary to perform a specific job or class of jobs. Any physical or mental qualification requirement established by the Director of DCHR shall:

(a) Be related to the essential job function(s) of the specific job or class of jobs, and consistent with business necessity;

(b) Be designed to ensure consideration of individuals having the minimum ability necessary to perform the essential job functions efficiently without posing a significant risk of substantial harm to his or her health or safety, or the health or safety of others; and

(c) List disqualifying medical conditions only when specific physical or mental capabilities are required to safely and satisfactorily perform essential job functions, and those functions cannot be safely or satisfactorily performed with the disqualifying medical condition.

2004.2

The personnel authority may require an individual who has applied for or occupies a job with established physical or mental requirements, including requirements for selection or retention, or established occupational or environmental standards, to undergo a medical evaluation:

(a) After an offer of employment has been made to a job applicant and prior to appointment (including reemployment based on full or partial recovery from a medical condition);

(b) On a regularly recurring, periodic basis; or

(c) Whenever there is an objectively reasonable concern about an employee's continued ability to meet the established physical or mental requirements of the job.

2004.3

A personnel authority may disqualify an applicant or candidate or direct an agency under its authority to separate an employee or volunteer, if the applicant, candidate, employee, or volunteer cannot meet the established physical or mental requirements of their job.

2004.4

The Director of DCHR, and independent personnel authorities with job classification authority, shall incorporate the physical and medical qualifications required by 49 CFR §§ 391.41- 391.49 for jobs requiring commercial driver's licenses.

D.C. Mun. Regs. tit. 6, r. 6-B2004

Final Rulemaking published at 66 DCR 5874 (5/10/2019); amended by Final Rulemaking published at 68 DCR 1359 (2/18/2022)