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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

REASONABLE ACCOMMODATION PROCEDURES

FOR INDIVIDUALS WITH DISABILITIES

I. GeneralProvisions

A. Introduction

The FederalMine Safety and Health Review Commission ("Commission") is committed

to providing reasonable accommodations for qualified employees or applicants with disabilities1

to ensure that individuals with disabilities enjoy equal access to all employment opportunities, 

unless doing so would create undue hardship for the Commission. Reasonable accommodation

is any change in the workplace or the way things are customarily done that provides an equal

employment opportunity to an individual with a disability. 

The Commission will process requests for reasonable accommodation and will provide

reasonable accommodation where appropriate, in a prompt and efficient manner in accordance

with the time frames set forth in these procedures.

B. Scope

These procedures apply to a Commission employee with a disability who requires

accommodation to perform the essential functions of his or her current position or who needs

accommodation in orderto enjoy the benefits and privileges of employment equal to those

enjoyed by employees without disabilities. This includes those employees and applicants who

require personal assistance services during work hours. The procedures also apply to an

employment applicant who needs assistance in the application process(“applicant”).

A qualified individual with a disability is an employee or applicant with a disability 

who satisfies the skill, experience, education and other job-related requirements for the

position held or desired, and who, with or without reasonable accommodation, can perform 

1 All references to "disability" in these procedures refer to those physical or mental

impairments thatsubstantially limit a major life activity. A "major life activity" includes 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. A physical or mental impairment means:

(1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting 

one or more body systems; or (2) any mental or psychological disorder. Body systems include,

but are not limited to, the neurological, musculoskeletal, special sense organs, respiratory,

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

skin and endocrine systems. Under the Rehabilitation Act of 1973 (the applicable law regarding 

federal government employees or applicants with disabilities), as amended by the Americans

with Disabilities Act Amendments Act of 2008 ("ADAAA"), the definition of "disability" is to be 

interpreted broadly.
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the essential functions of that position. Essential functions are those job duties that are so 

fundamental to the position that the individual cannot do the job without performing them. 

The employee’s critical performance elements may indicate essential functions. 

II. Process for Requesting Reasonable Accommodatio n

All supervisors and managers must be familiar with these procedures.

A. Disability Program Committe e

The agency’s reasonable accommodation program is overseen by the Disability Program

Coordinator (“DPC”), Michelle Williams. All requests for reasonable accommodation will be 

handled by the DPC, who can be reached by email at mwilliams@fmshrc.gov or by phone at 

(202) 434-9961. 

B. Individua l MakesInitialRequest for Reasonable Accommodation

1 An individual applying for a position at the Commission ("applicant") may 

request reasonable accommodation for the application process orally or in writing to any

employee of the Commission involved in the application process. That Commission employee

handling the application should contact the DPC within three business days of receipt of the

initial oral or written request. 

2 A Commission employee with a disability may request a reasonable

accommodation at any time, orally or in writing. Requests should be made directly to the DPC.

Requests may also be made to the requester’s supervisor or manager; the supervisor or manager

must forward the request to the DPC, no later than three business days after receipt.

3 A family member, health professional, or other representative may request

an accommodation on behalf of a Commission employee or applicant. The request should be 

submitted to the DPC.

4 Requesters need not fill out any specific form to begin the reasonable

accommodationprocess. The DPC will ensure that a Confirmationof Request for Reasonable

Accommodation form (Appendix A) is completed once in receipt of the request. Also, a 

reasonable accommodation request does not have to use any special words such as "reasonable

accommodation," "disability" or "Rehabilitation Act," or specify a particular accommodation

sought. A request for reasonable accommodation is any communication in which an individual 

asks or statesthat he or she has a medical condition which requires a change in working

conditions. A supervisor, manager, or DPC who receives such a communication should ask the 

individualwhether he or she isrequesting a reasonable accommodation ifthe nature of the initial

communication is unclear.

5 In the event that an employee will require an accommodation on a repeat 

basis (for example, a sign language interpreter), the employee should indicate this in the 

initial request. Once the initial request has been approved, the employee is not required to 

submit a request to the DPC for approval on each subsequent occasion. The employee may
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instead obtain the accommodation by notifying the appropriate individual (either the DPC or 

the employee’s supervisor, as appropriate).

C. Evaluating the Request and the Interactive Process

1 The DPC will contact the applicant or employee who has made the request

within ten business days after the initial oral or written request isreceived to begin discussing the

accommodation request. 

2 The DPC isresponsible for processing the request, engaging in an interactive

process, and making the decision to grant or deny the requested accommodation or offer some

alternative form of accommodation. 

3 The DPC will consult the employee's supervisor/manager or in the case of an

applicant, the Administrative Office, to gather relevant information necessary to respond to a 

request and to assess whether a particular accommodation will be effective. No reasonable

accommodation involving performance of the job will be provided without first consulting an

employee's supervisor/manager or in the case of applicants, the Administrative Office.

4 The procedure for processing the request involves a dialogue between the

DPC and the employee or applicant and may include consultation with other Commission

officials. The interactive process refers to the mutualsharing of information and ideas between

the employee or applicant requesting accommodation and the DPC. After a request for

accommodation has beenmade, the next step is for the parties to begin the interactive processto

determine what, if any, accommodation should be provided. This means that the individual 

requesting the accommodation and the DPC must communicate with each other about the

request, how a disability is prompting a need for an accommodation, and alternative

accommodations that may be effective in meeting an individual's needs. See Appendix E for 

suggested resources for developing effective accommodations. In addition, the Commission has 

entered into a partnership with the Computer/Electronic Accommodations Program ("CAP"),

which is part of the Department of Defense, to provide needs assessment and assistive

computer/electronic technology, devices and services. See Appendix E for contact 

information. The DPC will serve asthe point of contactwith CAP and will ensure that all forms

necessary for CAP assistance are processed in a timely manner.

D. Requestsfor M e dicalInformation

1 Ifthe need for the accommodation is not obvious or already known, the DPC

may request medical information that supports the existence of the disability, the functional 

limitations imposed by the disability, and how the proposed accommodation will remedy the 

situation.2 A disability is obvious or already known when it is clearly visible or the individual 

previously provided sufficient medical information showing that the condition met the definition

2 The Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff-l(b), prohibits an 

agency from requesting genetic information of an employee or a family member of an employee.

When making a request for medical information, the Commission will include a warning to the
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health care provider not to provide genetic information.
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of disability. See footnote 1. 

3 The Commission has the right to have medical information reviewed by a 

medical expert of the Commission's choosing at the Commission's expense.

4 In some instances, the DPC may need to request additional information to

determine if an individual's impairment is a disability or to determine what would be an effective 

accommodation. If the information is still insufficient to support the request, the DPC may give 

an individual a list of questions to give to the health care provider to answer. Ifthe information is

still deficient, the DPC may request an individual to go to an appropriate medical provider of the

Commission's choice at the Commission's expense. In such a case, an individual will be 

required to sign a release permitting the medical provider to answer questions on the nature of 

the disability and the need for accommodation. See Appendix B for release form.

5 Requesting additional medical information will stay the time for processing

the reasonable accommodation request until sufficient medical information is provided to the 

DPC. 

E. Confidentiality of M e dicalInformation Submitte d to the Commission

Under the Rehabilitation Act, medical information obtained in connection with the 

reasonable accommodation process must be kept confidential and may only be disclosed to

individuals who have a verifiable need to know of the medical information. All medical 

information, including information about functional limitations and reasonable accommodation 

needsthat the Commission obtains in connection with a request for reasonable accommodation,

must be kept by the Administrative Office in a Medical Folder, separate from the individual's 

Official Personnel or Applicant Folder. The same requirements apply to electronic files. A 

Commission employee who obtains or relies on such medical information is strictly bound by 

these confidentiality requirements.

The DPC may share certain information with an employee's supervisor/manager or other 

Commission officials only to the degree necessary to make appropriate determinations on a 

reasonable accommodation request. Under these circumstances, the DPC will inform the

recipients of the information about the confidentiality requirements. In certain situations, the 

DPC will not necessarily need to reveal the name of the requester and/or the office in which the

requester works, or even the name of the disability, but instead only reveal the employee's or 

applicant's functional limitations. 

In addition to disclosures of information needed to process a requestfor accommodation,

other disclosures of medical information are permitted as follows: first aid and safety personnel 

may be informed when appropriate, if the disability might require emergency treatment or 

assistance in evacuation; and government officials may be given information necessary to

investigate the agency's compliance with the Rehabilitation Act. 

F. Time Frame s for Decisionon a Request forReasonable Accommodation

The reasonable accommodation process begins assoon as the oral or written request for
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the accommodation is received by the requester's supervisor/manager, a Commission official, or 

the DPC. The oral or written request should be forwarded or referred to the DPC within three

business days of receipt. The DPC will contact the applicant or employee who has made the

request within ten business days after the initial oral or written request is received to begin

discussing the accommodation request. 

Absent extenuating circumstances,3 requests for reasonable accommodation will be

granted or denied, and the accommodation provided (if approved), within 30 days from

when the oral or written request is received. Extenuating circumstances cover situations 

where the reasonable accommodations request cannot be processed in a timely fashion. 

These would include: delay by the requesting individual or health care provider in 

providing medical information, government furloughs, delay by the CAP in scheduling 

an appointment to review the individual’s needs, and the lengthy absence of the 

individual. 

It is the policy of the Commission that a requestfor accommodation be acted on as

soon as possible. If extenuating circumstances delay the processing of a request or delivery

of a reasonable accommodation, the Commission will notify the applicant or employee of the 

reason for the delay and, to the extent possible, the date on which the Commission expects to 

complete the process or provide the accommodation. Where an accommodation is found to 

be reasonable but extenuating circumstances delay its delivery, the Commission shall, where

possible, provide an interim accommodation. Where an accommodation isfound to be 

reasonable and there are no extenuating circumstances justifying delay, failure to promptly

provide the requested accommodation may result in a violation of the Rehabilitation Act.

(See section J, below).

If a request for an accommodation requires expedited review and a decision, the DPC

should process the request as quickly as possible.

G. Resolution of the Reasonable Accommodation Request

All decisions regarding a requestfor reasonable accommodation will be communicated to

an applicant or employee orally and in writing by use of the "Resolution of Request" form.

See Appendix C. If the DPC grants a request for accommodation, the DPC will discuss

implementation of the accommodation with the requester. If the request is approved, but the 

accommodation cannot be provided immediately, the DPC will inform the individual in writing 

of the projected time for providing the accommodation. 

If the Commission offers a different accommodation than the one requested, the

Resolution form must explain both the reasons for the denial of the individual's specific 

requested accommodation and why the Commission believes that the chosen accommodation will 

be effective. If the alternative accommodation is not accepted, the DPC will record the

individual's rejection of the alternative accommodation on the Resolution form. 

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

reasonable accommodation and providing the accommodation will be extended asreasonably

necessary.
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The Commission will consider providing the employee with reassignment to a vacant 

position for which the employee is qualified as a “last resort,” if there are no effective

accommodations that would enable the employee to perform the essentials functions of 

his/her current job, or if all other possible accommodations would impose undue hardship.4

In considering whether there are positions available forreassignment, the DPC will work with

the Office of the Executive Director (OED) and the employee requesting the reassignment to

identify any vacant positions for which the employee may be qualified, with or without

accommodation, or any such positions which OED has reason to believe will become vacant 

within 60 days from the date the search is initiated.

If CAP provides the accommodation, the DPC will provide confirmation to CAP within

five business days of delivery of the equipment or service and inform CAP whether the

accommodation has been received and is operational. 

If the DPC denies a requestfor accommodation, the DPC will give the Resolution form to

the requester and discuss the reasons for the denial. The Resolution form must clearly state the

specific reasons for the denial (e.g., the accommodation poses an undue hardship, the medical

documentation was inadequate and additional documentation was not provided, the proposed

accommodation would require lowering a performance or production standard or eliminate an

essential function of the position). 

The written denial of the request will set forth the Commission's procedures for

reconsidering a request for accommodation as well as inform the individual of the right to file an 

Equal Employment Opportunity ("EEO") complaint or an appeal with the Merit Systems

Protection Board ("MSPB").

H. Informal Reconsideration Process

Individuals are encouraged to use our informal dispute resolution process to obtain 

prompt reconsideration of denials of reasonable accommodation. All requests for 

reconsideration must be made to the Chair within ten business days of the date of receipt of the

written denial. The Chair shall respond in writing to the request for reconsideration within

ten business days of receipt of the request, but in extraordinary circumstances the time for

decision may be extended. If the decision is not reversed, the reasons for the denial must be 

specified. Requesting reconsideration does not suspend any time limits for initiating Federal

claims.

1 Undue hardship may arise when a specific proposed accommodation causes substantial 

difficulty or expense. If the specific proposed accommodation creates an undue hardship, then

the Commission does not have to provide that particular accommodation. Determination of 

undue hardship is always made on a case-by-case basis, considering factors that include the

nature and cost of the proposed accommodation needed and its impact on the operations of the

Commission. All resources available to the Commission as a whole are considered when 

evaluating the cost and impact of an accommodation. 
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I. M onitoring the Accommodation

Once the request has beengranted, the DPC must evaluate whether the accommodation is

working and effective 30 days after it has been operational. The DPC may monitor the

effectiveness and/or necessity of an accommodation with the employee and the

manager/supervisor. If the employee or supervisor/manager believes that any accommodation

needs modification, the employee or the supervisor/manager may contact the DPC at any time

and the DPC will revisit the effectiveness and/or necessity of the accommodation.

J. FederalClaims

1. If an individual is dissatisfied with the resolution of the request for 

accommodation or the reconsideration decision, the employee/applicant may pursue a claim

under only one of the following processes:

a. For an EEO complaint alleging disability discrimination, contact

the Commission's EEO Director within 45 days from the date of receipt of 

the written notice of denial (the EEO Director will arrange EEO counseling

for the employee, which is a prerequisite for filing an EEO complaint); or 

b. For adverse actions over which the MSPBhas jurisdiction, initiate an

appeal to the MSPB within 30 days of an appealable adverse action as set forth in

5 C.F.R. § 1201.3. 

2. If a Commission EEO Officer has had any involvement in the processing 

of the request for reasonable accommodation, that officer will be disqualified from any

involvement in the consideration of the EEO complaint associated with the request. 

K. Tracking , Reporting and Training

1. At any point during the reasonable accommodation process, employees and

applicants may request information regarding the status of their requests by contacting the DPC.

2. Upon completion of the accommodation review process, the DPC must

complete the Commission's "Reasonable Accommodation Information Reporting Form." See

Appendix D. This form, together with any other written information relating to the request of 

accommodation, shall be provided to the Administrative Office.

3. The Commission's Administrative Office will maintain records related to a 

requesting individual for the duration of that person's employment and retain the records for 

three years thereafter. The recordsshall be maintained in a dedicated and locked filing space

separate from the Employee's Official Personnel files. The same requirements apply to electronic 

records.

4. Appropriate training on this policy must be provided to all managers,

supervisors and employees.
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5. The Commission will track the following elements:

a. The number and types of reasonable accommodations by type that

have been requested in the application process and whether those requests have

been granted or denied.

b. The jobs (occupationalseries, grade level, and agency component) for

which reasonable accommodations have been requested.

c. The types of reasonable accommodations that have been requested for

each of those jobs.

d. The number and types of reasonable accommodations for each job, by

agency component, that have been approved, and the number and types that have

been denied.

e. The number and types of requests for reasonable accommodations that

relate to the benefits or privileges of employment, and whether those requests 

have been granted or 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 trying

to identify possible reasonable accommodations.

III. Personal Assistance Services

Personal assistance services are services that aid an individual with a disability in 

performing activities of daily living, which would typically be performed independently if not

for the disability. Examples include assistance in removing a coat, eating, or using the

restroom. Such assistance would not include performing job-related tasks or providing

medical services.

If a Commission employee requires, or an applicant would require, personal 

assistance services during work hours due to a targeted disability,5 and such services would

(together with other reasonable accommodations) enable the employee to perform the

essential functions of their position, the Commission shall provide such services unless doing

5 Targeted disabilities, as defined by the Office of Personnel Management’s

Self-Identification of Disability Form (SF256), are limited to the following: developmental

disability; traumatic brain injury; deafness or serious difficulty hearing; blindness or serious 

difficulty seeing (even when wearing glasses); missing extremities; significant mobility 

impairment; partial or complete paralysis; epilepsy or other seizure disorders; intellectual

disability; significant psychiatric disorder; dwarfism; significant disfigurement.
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so would impose undue hardship on the agency. When selecting a professional personal

assistance service provider, the requesting individual’s preferences will be considered to 

the extent permitted by law. The provider may have other tasks within the Commission

and/or provide services to more than one individual, but only to the extent that such other 

responsibilities do not result in a failure to provide timely personal assistance.

Requests for personal assistance services shall be submitted to the DPC. Such

requests will be processed under the same procedures for processing reasonable

accommodation requests described above. 

The Commission emphasizes its commitment to prohibiting discrimination on the 

basis of disability. If an employee or applicant believes that any adverse action has been

taken based on their need or perceived need for personal assistance services, the

employee/applicant may pursue a claim under the process described above (see IIJ). 

IV. Other Matters

A. Inquirie s and Distribution

The forms used by the DPC for the processing of reasonable accommodation requests 

are included in this document as attachments. See Appendices A-D. A list of resources for

legal and technical assistance is also attached. See Appendix E. These procedures and

supplemental materials shall be distributed to all new employees as part of their orientation, 

and redistributed yearly to all employees. They are also posted on the Commission’s website,

and on employee bulletin boards in all offices. Upon request, these materials can be 

provided in alternate formats as necessary.

Any employee wanting further information concerning these procedures(either generally

or in regard to the processing of a specific reasonable accommodation request)may contact the

Commission's DPC. For general inquiries, an employee may also contact the Commission's 

EEO Director.

B. Effective Date

These proceduresreplace the Commission's Reasonable Accommodation Proceduresfor

Individuals with Disabilities dated December 22, 2020. These revised procedures are effective

as of December 17, 2021.