Editorial Note on Part 712
Editorial Note: Nomenclature changes to part 712 appear at 88 FR 41292, June 26, 2023.

§ 712.36 Medical assessment process. ( a ) The Designated Physician, under the supervision of the SOMD, is responsible for the medical assessment of HRP candidates and HRP-certified individuals. In carrying out this responsibility, the Designated Physician or the SOMD must integrate the medical evaluations, psychological evaluations, psychiatric evaluations, and any other relevant information to determine an individual's overall medical qualification for assigned duties.
( b ) Employers must provide a job task analysis for those individuals involved in HRP duties to both the Designated Physician and the Designated Psychologist before each medical assessment and psychological evaluation. HRP medical assessments and psychological evaluations may not be performed if a job task analysis has not been provided.
( c ) The medical process by the Designated Physician includes: ( 1 ) Medical assessments for initial certification, annual recertification, and evaluations for reinstatement following temporary removal from the HRP;
( 2 ) Evaluations resulting from self-referrals and referrals by management;
( 3 ) Routine medical contacts and occupational and nonoccupational health counseling sessions; and
( 4 ) Review of current legal drug use.
( d ) Psychological evaluations must be conducted: ( 1 ) For initial certification. This psychological evaluation consists of a generally accepted psychological assessment (test) approved by the Director, Office of Environment, Health, Safety and Security or his or her designee and a semi-structured interview.
( 2 ) For recertification. This psychological evaluation consists of a semi-structured interview, which is conducted annually at the time of the medical examination.
( 3 ) Every third year. The medical assessment for recertification must include a generally accepted psychological assessment (test) approved by the Director, Office of Environment, Health, Safety and Security or his or her designee.
( 4 ) When the SOMD determines that additional psychological or psychiatric evaluations are required to resolve HRP concerns as listed in § 712.13(c).
( e ) Following absences requiring return-to-work evaluations under applicable DOE directives, the Designated Physician, the Designated Psychologist, or the SOMD must determine whether a psychological evaluation is necessary.
( f ) Except as provided in paragraph (g) of this section, the Designated Physician must forward the completed medical assessment of an HRP candidate and HRP-certified individual to the SOMD, who must make a recommendation, based on the assessment, to the individual's HRP management official. If the Designated Physician determines that a currently certified individual no longer meets the HRP requirements, the Designated Physician must immediately, orally, inform the HRP management official. A written explanation must follow within 24 hours.
( g ) The Designated Physician, the Designated Psychologist, or the SOMD may make a medical recommendation for return to work and work accommodations for HRP-certified individuals.
( h ) The following documentation is required after treatment of an individual for any disqualifying condition: ( 1 ) A summary of the diagnosis, treatment, current status, and prognosis to be furnished by the treatment provider to the Designated Physician;
( 2 ) The medical opinion of the Designated Physician advising the individual's supervisor whether the individual is able to return to work in either an HRP or non-HRP capacity; and
( 3 ) Any periodic monitoring plan, approved by the Designated Physician or the Designated Psychologist and the SOMD, used to evaluate the reliability of the individual.
[69 FR 3223, Jan. 23, 2004, as amended at 71 FR 68731, Nov. 28, 2006; 83 FR 18208, Apr. 26, 2018; 88 FR 41292, June 26, 2023]