U.S. Occupational Safety and Health Review Commission

(OSHRC 32)

REASONABLE ACCOMMODATION POLICY

AND PROCEDURES

December 13, 2022
TABLE OF CONTENTS

I. PURPOSE........................................................................................................................... 1

II. COVERAGE AND RESTRICTIONS ................................................................................. 1

III. AUTHORITIES .................................................................................................................. 1

IV. DEFINITIONS.................................................................................................................... 2

V. RESPONSIBILITIES.......................................................................................................... 5

A. Executive Director ...................................................................................................... 5

B. Equal Employment Opportunity Director .................................................................... 6

C. Office of the General Counsel ..................................................................................... 7

D. Managers and Supervisors........................................................................................... 7

E. Human Resources Specialist ..................................................................................... 8

D. Review Commission Employees................................................................................. 8

F. Review Commission Applicants.................................................................................. 8

VI. POLICIES AND PROCEDURES ....................................................................................... 9

A. Request....................................................................................................................... 9

B. Written Confirmation.................................................................................................. 9

C. Interactive Process...................................................................................................... 9

D. Request for Medical Information............................................................................ 10

VII. TIME FOR PROCESSING A REQUEST AND PROVIDING REASONABLE 

ACCOMMODATION ..................................................................................................... 12

A. Request Not Involving Extenuating Circumstances.................................................. 12

B. Request Involving Extenuating Circumstances......................................................... 12

C. Expedited Process..................................................................................................... 13

D. Granting or Denying a Reasonable Accommodation Request.................................... 13

E. Reconsideration of a Denial ...................................................................................... 14

F. Re-Evaluation of Granted Accommodation............................................................... 15

G. Reassignment as an Accommodation ......................................................................... 15

H. Confidentiality and Disclosure................................................................................... 16

I. Information Tracking and Reporting.......................................................................... 17
VIII. PERSONAL ASSISTANCE SERVICES........................................................................... 18

IX. APPROVAL ..................................................................................................................... 19

Attachment A ................................................................................................................... 20

Attachment B.................................................................................................................... 22

Attachment C.................................................................................................................... 23

Attachment D ................................................................................................................... 25

Attachment E..................................................................................................................... 26
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U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Reasonable Accommodation Policy and Procedures

I. PURPOSE

This directive implements Executive Order 13164, which requires each federal agency to 

establish procedures to facilitate the provision of reasonable accommodation including 

establishing effective written procedures for processing requests for reasonable 

accommodation made by qualified job applicants and employees with disabilities. This 

directive further fulfills the U.S. Occupational Safety and Health Review Commission’s 

(OSHRC or Review Commission) obligation to provide reasonable accommodation 

pursuant to the Rehabilitation Act of 1973, as amended, where applicable, and in 

accordance with the provisions of Title I of the Americans with Disabilities Act of 1990.

II. COVERAGE AND RESTRICTIONS

This directive applies to all applicants for employment with the Review Commission and 

Review Commission employees. Those who do not meet the statutory requirements of the 

Rehabilitation Act are not eligible for reasonable accommodation under this directive.

III. AUTHORITIES

• 29 CFR pt. 1614: Federal Sector Equal Employment Opportunity.

• 29 CFR pt. 1630: Regulations to Implement the Equal Employment Provisions 

of the Americans with Disabilities Act.

• Americans with Disabilities Act Amendments Act of 2008, Pub. L. No. 110-

325, 122 Stat. 3553.

• Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, E.O. 

14035 (July 25, 2021).The Rehabilitation Act of 1973 (in particular, 29 USC 

§ 791), as amended to date.

• EEOC Enforcement Guidance on Reasonable Accommodation and Undue 

Hardship under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 

2002).

• EEOC Policy Guidance on E.O. 13164: Establishing Procedures to Facilitate the 

Provision of Reasonable Accommodation, No. 915.003 (Oct. 20, 2000).

• EEOC Technical Assistance Manual on the Employment Provisions (Title I) 

of the Americans with Disabilities Act, EEOC-M-1A (Jan. 1992), as 

amended to date.

• Equal Employment Opportunity Management Directive 715 (Oct. 1, 2003).

• Increasing Federal Employment of Individuals with Disabilities, E.O. 13548 

(July 26, 2010).

• Increasing the Opportunity for Individuals with Disabilities to be Employed in the 

Federal Government, E.O. 13163 (July 26, 2000).
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• Privacy Act of 1974, 5 USC § 552a.

• Requiring Federal Agencies To Establish Procedures To Facilitate the Provision of 

Reasonable Accommodation E.O 13164 (July 2000).

• The Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, 106 Stat. 4344.

• Title I of the Americans with Disabilities Act of 1990, 42 USC §§ 12111-12117.

• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), 42 

USC §§ 2000ff-1 through 2000ff-11.

IV. DEFINITIONS

Assistive Technology – An item, piece of equipment, or system that is commonly used to 

increase, maintain, or improve the functional capabilities of individuals with disabilities. 

Assistive technology includes ergonomic keyboards, screen-enlarging software, 

TTYs/TDDs (text telephones), split-screen reading software, etc. The term “assistive 

technology” is used interchangeably with “computer adaptive equipment.”

Day – Calendar Day, unless otherwise specified.

Decision Maker – The individual who is responsible for determining whether to grant or 

deny a request for reasonable accommodation. This person is typically the Disability 

Program Manager (DPM), but not always—for example, when a request relates to building 

accessibility or is made by a job applicant, other parties may have the final say in the 

decision. Supervisors are also authorized to respond to and approve requests for reasonable 

accommodation whenever possible. The DPM must be notified in every instance.

Direct Threat – A significant risk of substantial harm to the health or safety of the 

individual with a disability or others that cannot be eliminated or reduced by reasonable

accommodation.

Disability – (1) a physical or mental impairment that substantially limits one or 

more of a person’s major life activities; (2) a record of such impairment; or (3) being 

regarded as having such impairment.

Disability Program Manager (DPM) – A Review Commission employee who assembles 

and organizes information relating to a request for reasonable accommodation and assists 

and advises management on issues relating to disability accommodations. The DPM is also 

the final decision maker who determines whether to grant a reasonable accommodation 

request. The DPM works in consultation with the Equal Employment Opportunity (EEO) 

Director and, when necessary, may consult with the Office of the General Counsel (OGC) 

to obtain advice on pertinent legal questions.

Essential Function – A fundamental duty or task that is integral to the position or job to be 

performed. Determination of the essential job functions of a position must be done on a 

case-by-case basis so that it reflects the job as actually performed, and not simply the 

components of a generic position description. A function can be essential if, among other 

things, the position exists specifically to perform that function, there are a limited number 

of other employees who could perform the function, or the function is specialized, and the 
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individual is hired based on an ability to perform it.

Extenuating Circumstance – Unforeseen or unavoidable events that prevent the prompt 

processing of a request for, or delivery of, an accommodation. For example, a delay caused 

by a supplier’s inability to deliver a product in a timely manner because of manufacturing 

delays. However, the unavailability of personnel to process a request for reasonable 

accommodation is not an extenuating circumstance.

Individual with a Disability – A person who (1) has a physical or mental impairment that 

substantially limits one or more of their major life activities; (2) has a record of such 

impairment; or (3) is regarded as having such impairment.

Interactive Process – The process by which the individual requesting a reasonable 

accommodation, supervisors, managers, and the DPM communicate about the 

accommodation request and related issues, including forms of alternative accommodation 

and the time for providing an accommodation.

Major Life Activity – Basic activities that most people in the general population can 

perform with little or no difficulty. Major life activities generally include, but are not 

limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, 

walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, 

concentrating, thinking, communicating, interacting with others, and working. Major life 

activities also include the operation of major bodily functions, including, but not limited to, 

functions of the immune system, normal cell growth, and digestive, bowel, bladder, 

neurological, brain, circulatory, respiratory, endocrine, and reproductive functions. The 

operation of major bodily functions includes the operation of an individual organ within a 

bodily system.

Medical Review Officer (MRO) – Medical professional(s) acting on behalf of the Review

Commission who review medical documentation, when necessary, and provide medical 

opinions as they relate to requests for reasonable accommodation. An MRO is procured on 

a case-by-case basis.

Non-Visible Disability – Disabilities that cannot be seen and are not obviously apparent.

Non-visible disabilities include partial sensory impairments such as low vision or hearing 

loss; chronic health conditions like arthritis, asthma, or diabetes; mental health conditions; 

learning disabilities; and serious illnesses, such as cancer.

Personal Assistance Services (PAS) – Assistance with performing activities of daily 

living that an individual would typically perform if the individual did not have a disability, 

and that is not otherwise required as a reasonable accommodation, including, for example, 

assistance with removing and putting on clothing, eating, and using the restroom. Personal 

assistance services do not include performing medical services (e.g., administering shots, 

monitoring blood pressure).

Physical or Mental Impairment – Any physiological disorder or condition, cosmetic 

disfigurement, or anatomical loss affecting (1) one or more of the following body systems: 
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neurological, musculoskeletal, special sense organs, respiratory (including speech organs), 

cardiovascular, reproductive, digestive, genitourinary, immune circulatory, hemic, 

lymphatic, skin, and endocrine; or (2) any mental or psychological disorder, such as 

intellectual disability, organic brain syndrome, emotional or mental illness, and specific 

learning disabilities.

Qualified Individual with a Disability – An individual with a disability who satisfies the 

requisite skill, experience, education, and other job-related requirements of the 

employment position the individual holds or desires, and who, with or without reasonable 

accommodation, can perform the essential functions of such a position.

Reasonable Accommodation – An adjustment or alteration that enables a qualified 

individual with a disability an equal opportunity to apply for a job, perform job duties, or 

enjoy benefits and privileges of employment. There are three categories of reasonable 

accommodation:

• Modifications or adjustments to a job application process to permit an individual 

with a disability to be considered for a job.

• Modifications or adjustments necessary to enable a qualified individual with a 

disability to perform the essential functions of the job, such as providing assistive 

technology to allow a sight-impaired employee to use a computer.

• Modifications or adjustments that enable employees with disabilities to enjoy 

equal benefits and privileges of employment, such as removing physical barriers 

in Review Commission office space or facilities.

Request for Reasonable Accommodation – An oral or written statement requesting an 

adjustment, change at work, or modification in the application process, for a reason related 

to a medical condition.

Requester – An applicant, employee (includes, for purposes of reasonable 

accommodation, all individuals who work at the Review Commission regardless of 

employment status), or representative acting on an employee’s or applicant’s behalf, who 

requests a reasonable accommodation.

Substantially Limits – The inability of an individual to perform a major life activity that 

most people in the general population can perform; or being significantly restricted as to 

the condition, manner, or duration under which an individual can perform a particular 

major life activity as compared to the condition, manner, or duration under which most 

people in the general population can perform that same major life activity. Consistent with 

EEOC regulations found at 29 CFR, pt. 1630, the term “substantially limits” shall be 

construed broadly in favor of expansive coverage.

Targeted Disabilities – A subset of conditions that would be considered disabilities under 

the Rehabilitation Act. A list of targeted disabilities can be found at: 

https://www.opm.gov/Forms/pdf_fill/sf256.pdf. 
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Undue Hardship – The significant difficulty or expense to the Review Commission that 

would result, or is likely to result, from a requested reasonable accommodation. If the 

requested accommodation would cause undue hardship, the Review Commission is not 

required to provide that particular accommodation. Determination of undue hardship must 

always be made on a case-by-case basis, considering factors that include the nature and 

cost of the accommodation, the impact of the accommodation on the operation of the 

Review Commission, and other relevant considerations.

V. RESPONSIBILITIES

A. Executive Director

1) Ensures that an effective process for handling a request for reasonable accommodation 

is established.

2) Serves as the Review Commission’s Selective Placement Program Coordinator (SPC) 

for individuals with disabilities. In this role, the SPC advises managers and supervisors 

about candidates available for placement in jobs under the Schedule A hiring authority 

and provides managers with information on reasonable accommodations and needs 

assessments for applicants and employees.

3) Serves as the Disability Program Manager (DPM) and performs the following tasks:

• Manages employment matters affecting people with disabilities and serves as the 

technical advisor to the Review Commission workforce on all disability issues.

• Engages in an interactive process with supervisors, managers, applicants, and 

employees on determinations of all reasonable accommodation requests.

• Answers questions from the requester regarding the process, and the rules and 

regulations governing reasonable accommodation.

• Provides guidance to managers and supervisors on statutory and regulatory 

requirements of reasonable accommodation and related issues.

• Provides advice, guidance, and recommendations on determining effective 

accommodation, including determining whether additional information is needed 

from the requester, a disability requires reasonable accommodation, or a request for 

reasonable accommodation presents an undue hardship to the Review Commission.

• Determines the need for medical documentation, reviews submitted medical 

documentation, determines whether to approve a request for reasonable 

accommodation, and informs the requester, the requester’s supervisors, and the 

EEO Director of the approval or denial of an accommodation request.
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• Maintains confidentiality of all medical documentation submitted or obtained for 

the purpose of determining whether a reasonable accommodation should be 

granted.

• Provides guidance to the human resources (HR) specialist (for applicant requests) 

and employees with disabilities and their supervisors to assist with identifying 

internal and external resources available to facilitate the selection of an effective 

accommodation.

• Collects, prepares, and reports Review Commission reasonable accommodation 

data (including barrier and trend analysis) to the EEO Director on an annual basis 

to identify and eliminate barriers as required by the EEOC Management Directive 

715 (MD-715). MD-715 is the policy guidance that the EEOC provides to federal 

agencies for their use in establishing and maintaining effective programs of equal 

employment opportunity under Section 717 of Title VII of the Civil Rights Act of 

1964, 42 USC § 2000e-16, and Section 501 of the Rehabilitation Act of 1973, 29 

USC § 791.

• Works with the EEO Director to identify disability related training, such as 

training related to reasonable accommodation.

B. Equal Employment Opportunity Director

1) Establishes procedures to facilitate the provision of reasonable accommodation to 

qualified employees or applicants with disabilities.

2) Analyzes and evaluates the effectiveness of the process for responding to requests for 

accommodation.

3) Coordinates with the Chairman and/or their designee to ensure that sufficient 

resources are provided by the Review Commission to process requests for 

reasonable accommodation.

4) Coordinates with managers and supervisors to ensure they receive reasonable 

accommodation training in accordance with Executive Order 13164 and MD-715.

5) Refers all incoming reasonable accommodation requests and inquiries to the DPM 

within five (5) business days of receipt.

6) Monitors the status of EEO complaints alleging unlawful discrimination based on

disability. Any EEO staff who has a role in deciding accommodation requests must be 

recused from handling any EEO complaint regarding the same matter.

7) Ensures accurate tracking and reporting of any accommodation provided to eligible 

requesters.

8) Provides an annual report on all reasonable accommodation program activities to the 
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Chairman of the Review Commission and the Chair of the EEOC in accordance with

MD-715 on or before December 31 of each calendar year.

9) Ensures that the Review Commission’s reasonable accommodation program 

complies with all applicable federal regulations, including those concerning diversity, 

equity, and inclusion within the federal workforce.

C. Office of the General Counsel

Provides legal advice and guidance to the HR Specialist, the EEO Director, the DPM, and 

Review Commission managers and supervisors regarding reasonable accommodation requests, 

policies, and procedures.

D. Managers and Supervisors

1) Actively participate in the reasonable accommodation process.

2) Engage in an interactive process with employees who request reasonable 

accommodation and with the DPM to keep them informed of steps in the process.

3) Identify (in writing) the essential functions of the requester’s job, if necessary.

4) Provide the Reasonable Accommodation Request Form to the requester.

5) Upon receipt of a request for reasonable accommodation, forward the request to the 

DPM as soon as possible, but not later than five (5) business days after receipt of the 

request.

6) Review and evaluate the request expeditiously and within the time and procedures 

established by this directive (30 days).

7) Upon receiving decisions from the DPM, respond to the requester in writing within the 

30-day period, unless extenuating circumstances require additional time (See 

Attachments B and C). Failure to respond promptly to the request may result in a 

violation of the Rehabilitation Act.

8) Ensure implementation of approved accommodation in the time specified by this 

directive or the time agreed upon by the DPM and the requester.

9) Request and ensure, when necessary, that appropriate training in the use of a

reasonable accommodation is provided to employees who are granted an 

accommodation.

10) Notify the DPM upon the selection of an individual with an obvious or known 

disability to ensure that reasonable accommodation is in place, if necessary or 

required, before such new hire reports to work.
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E. Human Resources Specialist

1) Ensures that vacancy announcements contain a statement that the Review 

Commission provides reasonable accommodation to applicants with disabilities.

2) Ensures that contact information is included in all vacancy announcements so 

that applicants have a direct resource to which they can make a request for 

reasonable accommodation.

3) Receives applicant requests for reasonable accommodation and forwards them to the 

DPM and/or appropriate decision maker for processing.

4) Assists in identifying vacancies and anticipated vacancies when reassignment is being 

considered as a reasonable accommodation.

5) Ensures the accuracy of system-of-records notice OSHRC-9, which covers the Review 

Commission’s reasonable accommodation records. 

D. Review Commission Employees

1) Communicate any request for reasonable accommodation for a qualifying disability to 

a supervisor or manager in their chain of command, or to the DPM.

2) Where the disability or need for accommodation is not obvious, provide recent medical 

and other relevant documentation specified by the agency in support of each request 

for reasonable accommodation to authorized agency officials in a timely manner.

3) Engage in an interactive process with agency officials concerning a request for 

reasonable accommodation.

4) Learn and maintain skills required for using any assistive technology provided as a 

reasonable accommodation.

F. Review Commission Applicants

1) Communicate any request for reasonable accommodation to an agency official 

involved in the application and hiring process or contact the DPM.

2) Engage in an interactive process with agency officials concerning a request for 

reasonable accommodation.

3) Upon receipt of a job offer, provide recent medical and other relevant documentation 

specified by the Review Commission to support a request for reasonable 

accommodation to agency officials, including the DPM, in a timely manner.
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VI. POLICIES AND PROCEDURES

It is the policy of OSHRC to review each request for reasonable accommodation in a timely 

manner. It is also the policy of the Review Commission to implement a reasonable 

accommodation whenever the requesting applicant or employee meets all defined criteria,

and the requested accommodation does not significantly alter or affect Review Commission 

operations. Requests for which an applicant or employee does not qualify, or which would 

cause an undue hardship to Review Commission operations, will not be implemented.

A. Request

1) An employee may request a reasonable accommodation orally or in writing from their

immediate supervisor, another supervisor or manager in the same chain of command, 

or the DPM. The Review Commission’s reasonable accommodation process begins as 

soon as the request for accommodation is made (Attachment A). A qualified individual 

with a disability may request a reasonable accommodation at any time, even if the

disability was not previously disclosed.

2) An applicant may request a reasonable accommodation from the DPM or any Review 

Commission official with whom the applicant has had contact in connection with the 

application process, such as the HR Specialist.

3) If authorized by the requester, a representative may request a reasonable

accommodation on behalf of an employee or applicant. It is preferred, but not required, 

that such request be submitted in writing.

4) For recurring requests of the same type (e.g., the assistance of sign language 

interpreters or readers), the written form is preferred only for the first request, although 

notice must be given each time the accommodation is needed.

B. Written Confirmation

Within five (5) business days of a request for reasonable accommodation, the requester will 

receive written confirmation from an agency official that the request was received.

C. Interactive Process

1) Communication is a priority throughout the reasonable accommodation process. 

Review Commission officials involved in the reasonable accommodation process are to 

take a proactive approach in searching for and considering possible accommodations, 

including consulting appropriate resources for assistance. The requester will participate 

in identifying an effective accommodation. The DPM and the appropriate manager or 

supervisor will utilize relevant resources to determine the appropriate effective 

accommodation (See Attachment E).

2) Ongoing communication is particularly important when (a) the specific limitation, 

situation, or barrier is unclear; (b) an effective accommodation is not obvious; or (c) 
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the parties are considering different types of accommodation. When the DPM knows of 

the disability, the need for accommodation, and the type of accommodation, extensive 

discussions may not be necessary. Even so, the DPM will ensure that there is a full 

exchange of relevant information.

D. Request for Medical Information

1) The DPM may request medical information or documentation that verifies that an 

employee or applicant has a specific physical or mental impairment or condition, or to 

supplement medical information that has already been provided. In some cases, the 

impairment or condition will be obvious and further medical information may not be 

necessary. However, when a medical or physical impairment or condition is not 

obvious or otherwise already known, the DPM may require that the requester provide 

relevant current documentation about the disability and any functional limitations to 

enable agency officials to respond to a request for reasonable accommodation. No 

agency official other than the DPM is authorized to request medical documentation 

from a requester or a requester’s physician.

2) The DPM may require only the medical documentation that is needed to establish that 

a person has a disability that necessitates a reasonable accommodation. Thus, the 

DPM, in response to a request for reasonable accommodation, cannot ask for 

documentation that is unrelated to determining the existence of a disability and the

necessity for an accommodation.

In making a request for medical documentation, the DPM is guided by principles set 

forth in the American with Disabilities Act Amendments Act (ADAAA) of 2008 and 

EEOC’s regulations implementing the ADAAA, which are included in 29 CFR, pt. 1630

and that part’s appendix. Specifically, the ADAAA directs that the definition of 

disability be construed broadly, and that the determination of whether an individual has 

a disability generally should not require extensive analysis. The DPM may require 

medical information to determine that the requester meets the requirements for 

accommodation and design an appropriate and effective accommodation.

3) If the DPM believes that medical information is necessary to evaluate a request for 

reasonable accommodation, or that medical information already provided needs to be 

supplemented to evaluate the request and the individual requesting the accommodation 

fails to provide the information, the DPM shall notify the requester in writing that 

failure to provide the necessary medical documentation may result in a denial of the 

request.

4) The DPM may request a consultation with a medical review officer and/or, as 

necessary, OGC staff, to aid in the determination of whether medical documentation is 

necessary and, if so, the type and extent of the documentation required.

5) If medical documentation is necessary, it must address at a minimum:

a. The nature, severity, and duration of the individual’s impairment;
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b. The activity or activities that the impairment limits;

c. The extent to which the impairment limits the individual’s ability to perform the 

activity or activities; and/or

d. Why the individual requires reasonable accommodation, or the particular

reasonable accommodation requested and how the reasonable accommodation will 

assist the individual in applying for a job, performing the essential functions of the 

job, or enjoying a workplace benefit.

The requester will be asked to obtain such information from an appropriate healthcare 

professional such as a physician, physical therapist, or other individual with recognized 

expertise regarding the requester’s condition. The requester is expected to describe the 

nature of the job and its essential function(s) to the healthcare professional and provide 

any other information that will assist the healthcare professional in preparing the 

medical information needed.

6) Once the requested medical information is received, the DPM will evaluate the 

documentation and may consult with any other agency official, such as the HR 

Specialist or OGC staff. If the requested information is insufficient to enable the DPM 

to determine whether an accommodation is appropriate, the DPM may seek further 

information from the requester. The DPM must explain why the information provided 

is insufficient, what additional information is needed and why it is necessary for a 

determination of the reasonable accommodation request.

7) The DPM may ask the requester to sign a limited release for the Review Commission 

to obtain additional information directly from the healthcare professional. This medical 

information may be needed to answer questions about the nature of the disability or the 

effectiveness of the accommodation under consideration (See Attachment D).

8) If the DPM determines that the medical information submitted must be reviewed by 

other medical experts, the Review Commission will make arrangements and inform the

requester of such medical reviews. Additional medical reviews will be performed at the 

Review Commission’s expense.

9) Failure by the requester to provide appropriate medical documentation or to cooperate 

with the Review Commission’s efforts to obtain such documentation may result in a 

denial of the request for reasonable accommodation. Notification of any such failure 

must be provided to the requester in writing and must identify the additional time the 

requester will be permitted (usually no more than 15 business days) to present the 

necessary documentation to substantiate the request.

10) In cases where a disability is already known to the decision maker, the Review 

Commission will ensure there is appropriate record/documentation to substantiate the 

disability in the event that there is a new supervisor/decision maker.
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VII. TIME FOR PROCESSING A REQUEST AND PROVIDING REASONABLE 

ACCOMMODATION

The reasonable accommodation process begins as soon as the oral or written request for the 

accommodation is received. The length of time to process a request for reasonable 

accommodation may vary depending upon the nature of the accommodation requested and

whether it is necessary to obtain supporting medical information. Generally, a request shall 

be processed as follows:

A. Request Not Involving Extenuating Circumstances

Approval or denial of a reasonable accommodation request should generally take no longer 

than 30 days. However, if the request requires additional supporting medical or other 

information, the process may take longer. When medical documentation is required, the 

following will apply:

1) The DPM will request medical documentation from the requester as soon as possible 

and before the expiration of the 30-day period.

2) If the DPM determines that the medical or other documentation is sufficient, the 

decision to grant or deny the request will be conveyed to the requester, as well as the 

appropriate manager or supervisor. The decision will describe the reasons for granting 

or denying the request and will include a rationale for the decision based on the 

guidelines set forth in this directive. 

3) Upon receipt of a recommendation to grant the accommodation, the DPM will inform 

the appropriate manager or supervisor about the specific steps necessary to fulfill the 

request immediately.

B. Request Involving Extenuating Circumstances

1) When extenuating circumstances are present, the time for processing a request for 

reasonable accommodation and providing the accommodation may be extended. All 

Review Commission officials are expected to act expeditiously to process requests and 

provide reasonable accommodation. The unavailability of personnel to process a 

request for reasonable accommodation is not an extenuating circumstance.

2) When extenuating circumstances are present, the DPM, in consultation with the 

appropriate manager or supervisor, will notify the requester in writing of the reason for 

the delay, and the approximate date on which a decision regarding the request for 

reasonable accommodation will be provided or when provision of the agreed-upon 

accommodation may be expected. The DPM will inform the requester about any 

further developments or changes. Every attempt will be made to provide interim 

accommodation until the matter is resolved.

3) If temporary measures are taken, the DPM and appropriate manager or supervisor are 

responsible for ensuring that they do not take the place of an approved accommodation 
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and that the approved accommodation is provided as quickly as possible.

C. Expedited Process

1) In certain circumstances, a request for reasonable accommodation may require an 

expedited review in less than 30 days. This includes, for example, situations in which a 

reasonable accommodation is needed:

a) To provide an applicant with a disability an equal opportunity to apply for a job, or

b) To enable an employee to participate in a specific agency activity.

2) Where the expedited process is necessary, the appropriate manager or supervisor is 

authorized to provide the accommodation, but must notify the DPM of the action taken 

or proposed.

D. Granting or Denying a Reasonable Accommodation Request

1) If a request for reasonable accommodation is granted by a Review Commission official 

other than the DPM, the DPM must be informed in writing of the date the 

accommodation will be provided and if there will be a delay in providing the

accommodation.

2) Employees and applicants may decline an accommodation offered by the Review 

Commission. If this occurs, the DPM should document that the offer was declined and 

notify the agency officials involved.

3) Before denying a request for accommodation, the DPM must first consult with OGC

staff, then notify the requester and management officials in writing, specifying why the 

request was denied (Attachment C). Factors supporting the denial of a request for 

accommodation include, but are not limited to:

a) A determination that the requested accommodation would result in undue hardship. 

This requires the Review Commission to find that a specific accommodation would 

result in significant difficulty or expense and would have a significant negative 

impact on the Review Commission’s operations or procedures. When evaluating 

reasonable accommodation requests to determine if an undue hardship exists, the 

DPM should refer to the EEOC’s “Enforcement Guidance on Reasonable 

Accommodation and Undue Hardship under the Americans with Disabilities Act,” 

EEOC Notice No. 915.002 (Oct. 17, 2002);

b) Medical documentation that is too vague or inadequate to establish that the 

requester is a qualified individual with a disability and/or needs a reasonable 

accommodation;

c) The requested accommodation would require the removal of an essential job 

function;
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d) The requested accommodation would require lowering a performance standard;

e) The requested accommodation would not be effective, is not the most appropriate 

accommodation under the circumstances, and/or there is no alternative reasonable 

accommodation; and

f) The requester refuses to accept an effective alternative accommodation.

4) When the DPM or other agency official denies a specific requested accommodation,

but offers to provide an effective alternative accommodation, the written decision must

explain both the reason for the denial of the requested accommodation and the reason 

the management official selected the chosen accommodation as an effective 

alternative.

5) In determining whether an individual with a disability poses a direct threat, the factors 

to be considered include:

a) The duration of the risk;

b) The nature and severity of the potential harm;

c) The likelihood that the potential harm will occur; and

d) The imminence of the potential harm.

A determination that an individual poses a direct threat must rely on an individualized 

assessment that is based on reliable objective evidence (e.g., current conduct, or a 

recent history of overt acts). The assessment must consider: (1) the nature, duration, 

and severity of the risk of injury; (2) the probability that injury will occur; and (3) 

whether there are any reasonable accommodations that will eliminate the direct threat. 

Consequently, in evaluating a recent history of overt acts, the DPM and the appropriate 

manager or supervisor must consider whether the individual has received intervening 

treatment or medication that has eliminated the direct threat (i.e., a significant risk of 

substantial harm).

6) If a request for reasonable accommodation is denied, the Review Commission 

encourages the use of an informal dispute resolution process to allow individuals with 

disabilities to obtain prompt reconsideration of denials of reasonable accommodation.

7) When denying an accommodation request, the written denial notice must inform the 

requester that any EEO complaint must be filed with the Review Commission within 

45 days. This notice must also contain the Review Commission’s procedures for 

seeking reconsideration of a denial decision (See Attachment C).

E. Reconsideration of a Denial

1) Upon written denial of an accommodation, the individual may submit a written request 
15

for reconsideration to the Chairman within five (5) business days. The individual may 

present additional information or documentation in support of the request. The 

Chairman, after consultation with the DPM, EEO Director, manager, supervisor, or 

other agency official, must respond to the request for reconsideration within fifteen 

(15) business days of receipt of the reconsideration request.

2) Pursuing reconsideration does not affect the time limits for initiating an EEO complaint 

in accordance with 29 CFR § 1614.105. An EEO complaint must be filed with the 

Review Commission’s EEO Director within forty-five (45) days from the date of 

receipt of the written notice of the initial denial. Failure to file a timely EEO complaint 

may result in a loss of rights to participate in the EEO complaint process.

F. Re-Evaluation of Employee’s Granted Accommodation

1) The re-evaluation process is intended to allow the agency to ensure that an 

accommodation previously granted to an employee is effective, still appropriate, and

not causing an undue burden to the agency.

2) A supervisor, manager, or other agency official within the employee’s immediate 

supervisory chain may request a re-evaluation of an existing accommodation if it is 

believed that the reasonable accommodation is no longer required and the employee 

refuses to, or has not come forward with, information justifying the continuation of the 

accommodation. The request for a re-evaluation must be submitted in writing to the 

DPM. Re-evaluation of an existing accommodation will not be initiated as a form of 

disciplinary action, retaliation, or reprisal. Such actions are a violation of the 

Rehabilitation Act.

3) The DPM may initiate a re-evaluation of an existing accommodation upon a change of

medical condition, work conditions, or if requested by an agency official.

4) The DPM is responsible for conducting all re-evaluations and determining whether 

they are warranted. If the DPM determines that a re-evaluation is warranted, then the 

DPM will notify the employee and the supervisor in writing within 10 business days of 

the request.

5) In determining whether a change is necessary, the DPM will follow the policy and 

procedures (including deadlines) set forth within this directive for requesting 

reasonable accommodation. The re-evaluation will be conducted in consultation with 

the employee’s supervisor and the employee.

6) The DPM will then notify the employee and the supervisor of the outcome of the reevaluation, next steps, and any appeal rights.

G. Employee Reassignment as an Accommodation

Reassignment will be considered as a reasonable accommodation only if a determination is 

made that no other reasonable accommodation is available to enable the employee to 
16

perform the current job’s essential functions, or if the only other effective accommodation 

would cause the agency undue hardship.

In considering whether there are positions available for reassignment, the DPM is to work 

with the employee requesting the accommodation and the HR Specialist to identify:

1) Existing vacant positions within the Review Commission for which the employee may 

be qualified, with or without reasonable accommodation; and

2) Positions within the Review Commission for which the employee qualifies that 

become vacant within 60 days of the request, or shortly after that period if extenuating 

circumstances prevent meeting the 60-day requirement.

Note: The first focus will be to identify positions that are equivalent to the employee’s 

current job in terms of pay, status, and other relevant factors. If there is not an 

equivalent vacant position, the DPM will consider vacant lower-level positions for

which the employee is qualified. Reassignment cannot be made to a position with 

greater promotion potential than the original position held by the employee.

Reassignment may be made to a vacant position outside the employee’s commuting area 

if the employee is willing to relocate. The Review Commission is not obligated to pay 

for the employee’s relocation expenses.

H. Confidentiality and Disclosure

1) All medical information, including information about functional limitations and 

reasonable accommodation needs, obtained in connection with a request for reasonable 

accommodation, must be kept confidential. For federal employees, the information 

shall be kept in a file separate from the employee’s official personnel folder. No one 

shall have access to this folder other than the DPM, the EEO Director, and the HR 

Specialist. Individuals who have access to information necessary to make a decision 

about whether to grant a requested accommodation may not disclose this information 

except as follows:

a) Supervisors and managers who need to know may be told about the

necessary restrictions on the work or duties of the requester and about the

reasonable accommodation;

b) First responders, such as fire department personnel, EMTs, police, etc. may be 

told of the disability if related to a need for emergency treatment;

c) Government officials may be given information necessary to investigate the 

Review Commission’s compliance with the Rehabilitation Act;

d) The information may, in certain circumstances, be disclosed to workers’ 

compensation offices or insurance carriers;
17

e) Agency EEO officials may be given the information to maintain records and 

evaluate and report on the Review Commission’s performance in processing 

reasonable accommodation requests; and

f) To respond to challenges involving the processing of, and decisions made related 

to, requests for reasonable accommodations pursuant to this directive and/or the 

Review Commission’s compliance with the Rehabilitation Act.

2) Whenever medical information is disclosed, the individual disclosing the information 

must inform the recipients about the confidentiality responsibility attached to the 

disclosed information.

I. Information Tracking and Reporting

1) An employee or applicant may contact the DPM at any time during the process to 

request information regarding the status of their reasonable accommodation request.

2) The DPM will maintain records related to an employee’s reasonable accommodation 

request(s) for three (3) years after the employee’s separation from the Review 

Commission.

3) When an individual files an EEO complaint alleging denial of reasonable 

accommodation, all records shall be maintained in compliance with federal records 

management policy.

4) The DPM will provide an annual report to the EEO Director on or about November 1 

of each fiscal year that covers the previous fiscal year.

5) The EEO Director will provide an annual report to the Chairman for review and 

approval in accordance with MD-715 on or before December 31 or each fiscal year. 

The report shall be maintained for at least three (3) years and contain the following 

information:

a) The number, type, and cost of accommodations that have been requested in the 

application process and whether those requests have been granted or denied;

b) The number, type, and cost of accommodations that relate to the benefits or 

privileges of employment and whether those requests have been granted or 

denied;

c) Each job (occupational series, pay grade and organizational element) for which 

reasonable accommodation was requested;

d) The types of reasonable accommodation that have been requested for each of the 

jobs cited above;

e) The number and types of reasonable accommodation requests by employees, the 

number and types of accommodation that have been approved, and the number and 
18

types of accommodation that have been denied;

f) The reasons for denial of requests for reasonable accommodation;

g) The amount of time taken to process each request for reasonable accommodation;

h) The sources of technical assistance that have been consulted in working to identify 

possible reasonable accommodation; and

i) A qualitative assessment of the Review Commission’s reasonable accommodation 

program, including any recommendations for improvement of policies and 

procedures.

VIII. PERSONAL ASSISTANCE SERVICES

It is the policy of the Review Commission to provide personal assistance services (PAS) to 

individuals who need them because of targeted disabilities. See 29 C.F.R. § 1614.203(d)(5). 

These services must be provided, in addition to reasonable accommodations, to employees

who have targeted disabilities unless doing so would impose an undue hardship to the Review 

Commission. 

The Review Commission is only required to provide PAS to an individual if: (1) the 

individual is an employee of the agency; (2) the individual has a targeted disability; (3) the 

individual requires the services because of the individual’s targeted disability; (4) the 

individual will be able to perform the essential functions of the job, without posing a direct 

threat to safety, once PAS and any required reasonable accommodations have been provided; 

and (5) providing PAS will not impose undue hardship on the agency.

The process to request personal assistance services, the process for determining whether such 

services are required, and the Review Commission’s right to deny such requests when 

provision of the services would pose an undue hardship, are the same as for requesting 

reasonable accommodations (see Section VI).

If you have any questions about personal assistance services, please contact the Review 

Commission’s DPM.

20

Attachment A

U.S. Occupational Safety and Health Review Commission

1120 20th Street, NW Washington, DC 20036

REASONABLE ACCOMMODATION REQUESTFORM

Date: 

Full Name:

Last

Mailing Address:

First Middle Initial

Street

City State Zip Code

Email Address: Fax:

Phone:

OSHRC Office (if applicable):

Supervisor:

Disability Claimed:

How Disability Affects Your Major Life Activity/ies:

*Accommodation Requested (describe the specific accommodation or modification 

that you are requesting):
21

Privacy Act Statement: Pursuant to 5 U.S.C. § 552a(e)(3), the following Privacy Act Statement serves to 

inform you about personally identifiable and medical information collected through this form. This collection 

of information is authorized under section 501 of the Rehabilitation Act of 1973, 29 U.S.C. § 791; Executive 

Orders 13164 and 13548; and 29 C.F.R. pt. 1614. The collected information will be used by the Commission 

to consider your request for a reasonable accommodation due to a disability under the Rehabilitation Act. 

Failure to provide this information may result in denial of your request. The information collected in this 

form may be disclosed in accordance with the routine uses specified in OSHRC-9 (available at 

https://www.oshrc.gov/privacy), the Commission’s system-of-records notice that covers reasonable 

accommodation records. 

*NOTE: If your need for an accommodation is non-visible, you must provide documentation from an 

appropriate medical professional, such as a doctor, rehabilitation counselor, or vocational counselor, 

concerning your disability and functional limitations as they pertain to the requirements of your current 

position or the one for which you are applying. We have included a medical consent form for you to sign if 

we need to contact your doctor for additional information.

Your request will be processed and evaluated by qualified personnel, who will work with you to determine 

the most appropriate reasonable accommodation for your claimed disability. However, this assistance does 

not necessarily signify a determination by the agency that you are a qualified individual with a disability 

under the Rehabilitation Act. You will be contacted at the email address, fax, or telephone number you 

provided. Any documentation you submit will become part of your record of request for an accommodation, 

or part of your application package if you are an applicant for employment with our agency. Your identity 

and information pertinent to your request for accommodation may be revealed to federal officials with a need 

to know.

Your failure to provide this information may result in the inability of the Review Commission to grant your 

request. Fax the completed form and documentation to the Disability Program Manager at (202) 418-3017. 

Requests may also be mailed (or hand delivered) to the attention of the Disability Program Manager at the 

U.S. Occupational Safety and Health Review Commission, 1120 20th Street, NW – Ninth Floor, Washington, 

DC 20036.
22

Attachment B

 

U.S. Occupational Safety and Health Review Commission

1120 20th Street, NW Washington, DC 20036

REASONABLE ACCOMMODATION REQUEST APPROVAL (Employee)

[Date:]

[Recipient Name] 

[Title]

[Company Name] 

[Street Address]

[City, State, Zip Code] 

Dear [Recipient Name]:

After consideration of your request for a reasonable accommodation, I have determined that your 

request meets the criteria for a reasonable accommodation and is approved. This decision is 

based on my discussions with you, a review of your medical documentation (if provided), and 

consultation with your supervisor.

As your request has been approved, your supervisor and I will immediately arrange the specific 

accommodation you requested. You will be notified if there are any delays in providing you 

with this accommodation.

This approval letter completes the reasonable accommodation process and will become the final 

documentation within the file. If you have any questions about the reasonable accommodation 

process or this letter, please contact me at (202) 606-5397 or via email at dhall@oshrc.gov.

Sincerely,

Disability Program Manager
23

Attachment C

 U.S. Occupational Safety and Health Review Commission

1120 20th Street, NW Washington, DC 20036

REASONABLE ACCOMMODATION REQUEST DENIAL (Employee)

[Date:]

[Recipient Name] 

[Title]

[Company Name] 

[Street Address]

[City, State, Zip Code] 

Dear [Recipient Name]:

On [insert date here] I received a request for reasonable accommodation from you. In your 

request you specifically asked for . Since receiving your request, I 

have consulted with you and your supervisor, and have also reviewed the medical 

documentation. After careful consideration, I have determined that your request does not meet 

the criteria for a reasonable accommodation and is denied for the reasons identified below.

Medical documentation is inadequate to establish that the individual is a qualified 

individual with a disability and/or needs a reasonable accommodation. Explain:

Failure to provide further medical documentation as requested to establish that the 

individual is a qualified individual with a disability and/or needs a reasonable accommodation. 

Explain:

Another accommodation has been offered and accepted, which the supervisor and 

DPM believe to be effective. Explain:
24

 Removal of an essential function/lowering performance standards from the position 

was not considered since it would render the employee ineligible for the position. However, 

reassignment to a qualified position has been offered and accepted and will be effective by or 

on [insert date here].

 Requester provided an inadequate explanation to justify the need for a reasonable 

accommodation. Explain:

To grant such an accommodation would pose an undue hardship for the Review 

Commission. Explain:

If you wish to request reconsideration of this decision, you may take the following actions:

• Submit a written request for reconsideration to the Chairman within five (5) 

business days following receipt of this letter.

You may also choose one of the following options:

• Pursue an EEO complaint under 29 CFR pt. 1614 and contact the Review 

Commission’s EEO Director within forty-five (45) days from the date of this notice 

or denial. As part of this process, the requester will have the option to resolve the 

matter through Alternative Dispute Resolution.

• Initiate an appeal to the Merit Systems Protection Board within thirty (30) days of an 

appealable adverse action as defined in 5 CFR § 1201.3.

This denial letter completes the processing of your request for reasonable accommodation and 

a copy will be placed in the file. If you have any questions about this decision or your options, 

feel free to contact me at (202) 606-5397 or dhall@oshrc.gov.

Sincerely,

Disability Program Manager
25

Attachment D

 U.S. Occupational Safety and Health Review Commission

1120 20th Street, NW Washington, DC 20036

MEDICAL CONSENT FORM

Please check the appropriate block and sign below. Return the original signed copy to this office 

and keep a copy for your records.

I authorize the U.S. Occupational Safety and Health Review Commission (OSHRC) Disability 

Program Manager to request and receive materials and information about me pertinent to my 

request for accommodation based on an asserted disability. I authorize OSHRC officials to 

contact the medical professionals I have listed in my request and supporting materials to gather 

further information about my medical condition as it may pertain to my request. I understand 

that it may be necessary to reveal to others my identity and medical information regarding my 

request to OSHRC officials.

I understand that any information gathered to process my request will be considered by OSHRC 

when making the decision to grant or deny my request and will become a part of my record of 

request for accommodation or, if a job applicant, it will be part of my application for 

employment.

Please check one of the following blocks and sign below:

 Consent. I have read and understand the above notice and authorize OSHRC to request 

and receive medical information about me pertinent to my request for accommodation.

 Consent Denied. I have read and understand the above notice. I do not want OSHRC to 

request and receive medical information about me. I understand that OSHRC’s lack of access to 

this information is likely to impede the review of my request and could result in denial of my 

request.

Signature: 

Name: 

Date: 

Telephone: 

Address:
26

Attachment E

Selected Reasonable Accommodation Resources

ADA National Network

Computer/Electronic Accommodations Program (CAP)

EEOC, The ADA: Your Responsibilities as an Employer

Jobs Accommodation Network

USDA TARGET Center

USDOL, Office of Disability Employment Policy (ODEP)