BOP Program Statement 3906.24 § 4

The Rehabilitation Act of 1973 prohibits the solicitation of medical information prior to a

conditional offer of employment that may reveal or lead to disclosure of a disability.

An individual’s medical screening, respirator questionnaire, and physical ability testing may be

administered only after a conditional offer of employment has been extended.

A Bureau medical officer will assess whether the individual is physically able to travel to the STA

and perform the physical components (self-defense, firearms, and physical ability test) safely.

If it is medically determined the applicant cannot fulfill the physical requirements for the position

successfully, with or without reasonable accommodation pursuant to Section 4.a.(5), employment

consideration ceases and the applicant is notified.

If a medical condition is deemed temporary (to last less than 12 months), the applicant may request

reconsideration for employment at a later date with submission of appropriate medical

documentation.

Pregnant applicants may not be denied employment on the basis of their pregnancy.

Ordinarily, applicants who pass the initial medical screening at the hiring site will be sent to the

STA to participate in the ICT within 120 days after entrance-on-duty. However, a cursory

screening by a medical professional, immediately before departure to the STA, using BP-A0631

(Post Conditional Offer of Employment and Employee Physical Exam) is required for final

clearance to ensure there are no acute conditions present that would preclude participation in the

physical components.

If a medical issue is discovered while at the STA, leading FLETC Health Services to exclude the

employee from any or all of the physical components, based on a pre-existing condition that cannot

be accommodated in accordance with Section 4.a.(5), and is deemed to be permanent, the

employee must be returned to his/her institution and his/her employment terminated.

Individuals who FLETC Health Services exclude from any or all of the physical components based

on a condition sustained after employment with the Bureau will be returned to the institution, but

retained until the condition no longer precludes their participation in the physical components.

Normally, employees are required to return to the STA and complete the ICT II successfully prior

to concluding their probationary/trial period. Individuals missing more than 16 hours of training

due to illness will be returned to the institution and scheduled to return once cleared.

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In the rare event an employee’s medical condition prevents his/her return to the STA prior to the

conclusion of the probationary/trial period, the Assistant Director, Human Resource Management

Division, must be notified. The notification will be from the Warden through the Regional

Director and provide prognosis for the employee’s return to the STA to complete ICT II

successfully.

Successful completion of the physical components is a condition of employment.

Pregnant employees may request to be waived from traveling to the STA to participate in ICT II

until after they have been medically cleared to participate in self-defense, firearms, and the

physical ability test programs at the STA.

a. Medical Requirements.

(1) Visual Acuity and Color Vision. The applicant must have at least 20/30 vision with or

without correction. If only one eye is present or functional, the examining health care practitioner

will determine if an applicant can perform the physical ability test, the firearms component, and the

self-defense component at the training center safely. Color vision is not required for primary

correctional positions. For positions requiring color vision (e.g., electricians), the applicant must

pass an approved color vision test.

(2) Hearing. The applicant must be capable of hearing conversational voice, with or without a

hearing aid, in at least one ear, as measured by normal findings in the decibel ranges of 500, 1000,

and 2000. This determination is made via a hearing booth test that conforms to Occupational

Safety and Health Administration (OSHA) hearing conservation program standards.

(3) Mental/Emotional Stability. The applicant must display mental and emotional stability. The

examining health care practitioner evaluates mental and emotional stability based on an applicant’s

history as well as a current examination.

(4) Active Diseases. Active diseases that are infectious and may be spread by routine means, such

as handshakes, skin contact, and breathing, preclude an applicant from employment.

Once this disease is cured or the examining health care practitioner considers it to be no longer

infectious, the applicant may be considered for employment.

Active disease processes or conditions cannot, solely on the basis of the existence of such process,

disease, condition, impairment or disability, exclude an otherwise qualified applicant from

consideration for employment (e.g., HIV positive, AIDS, cancer, epilepsy, diabetes, heart disease,

and loss or injury of one or more limbs).

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(5) Disability. History of a disease, medical condition, or impairment cannot, solely on the basis

of the existence of such disease, condition, or impairment, exclude an otherwise qualified applicant

from consideration for employment. If the applicant is otherwise qualified and can, with or without

reasonable accommodation, perform the essential functions of the position, the physical ability

test, the firearms component, and the self-defense component at the STA safely, he/she will be

considered for employment.

b) Physical Standards. Applicants entering on duty and non-law enforcement employees selected

for a law enforcement position after January 1, 1997, must meet the medical guidelines and

physical standards established under the Qualification Standard for Positions Requiring Collateral

Correctional Skills, and in the Program Statement Pre-employment.