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U.S. Department of Energy ORDER
Washington, D.C. DOE O 341.1A
Approved: 10-18-07
SUBJECT: FEDERAL EMPLOYEE HEALTH SERVICES
1. OBJECTIVE. To establish requirements and responsibilities
for occupational medical, employee assistance, and workers’
compensation programs for Federal employees.
2. CANCELLATIONS. DOE O 341.1, Federal Employee Health
Services, dated 12-1-03. Cancellation of a directive does
not, by itself, modify or otherwise affect any contractual
obligation to comply with the directive. Contractor
requirement documents (CRDs) that have been incorporated
into or attached to a contract remain in effect until the
contract is modified to either eliminate requirements that
are no longer applicable or substitute a new set of
requirements.
3. APPLICABILITY.
a. DOE Elements. Except for the exclusions in paragraph
3c, this Order applies to all Departmental elements.
(Go to
http://www.directives.doe.gov/pdfs/reftools/org-list.pd
f for the current listing of Departmental elements.
This list automatically includes all Departmental
elements created after the Order is issued.)
The Administrator of the National Nuclear Security
Administration (NNSA) will assure that NNSA employees
and contractors comply with their respective
responsibilities under this Order. Nothing in this
Order will be construed to interfere with the NNSA
Administrator’s authority under section 3212(d) of
Public Law (P.L.) 106-65 to establish Administration
specific policies, unless disapproved by the Secretary.
b. Site/Facility Management Contractors.
(1) The CRD, Attachment 1, sets forth requirements of
this Order that will apply to site/facility
management contracts that include the CRD.
(2) This CRD must be included in site/facility
management contracts that provide any or all of
the health services in paragraph 1 above to
Federal employees. The CRD may be tailored to
more accurately describe the services that are to
be provided.
(3) This Order does not apply to other than
site/facility management contracts. Any
application of any requirements of this Order to
other than site/facility management contracts will
be communicated separately from this Order.
(4) Applicable human resource or health staffs are
responsible for notifying their contracting
officers of which site/facility management
contracts are
affected (and, if appropriate, which requirements
are applicable to contracts other than
site/facility management contracts). Once
notified, the contracting officer is responsible
for incorporating the CRD into each affected
site/facility management contract via the laws,
regulations, and DOE directives clause of the
contract.
(5) Regardless of the performer of the work, the
contractor is responsible for complying with the
requirements of this Contractor Requirements
Document (CRD) and flowing down CRD requirements
to subcontracts at any tier to the extent
necessary to ensure the contractor’s compliance.
c. Exclusions. This Order does not apply to the
Bonneville Power Administration.
4. REQUIREMENTS.
a. General.
(1) Occupational medical program, employee assistance
program (EAP), Computer/Electronic Accommodation
Program (CAP), and workers’ compensation claim
records must be maintained and protected in
accordance with the references in Attachment 2 of
this Order.
(2) Procedures must be established by which employees
are informed about the protection and disclosure
of their records and their rights to the
information contained in their medical, EAP, and
workers’ compensation records.
(3) Health services programs must be evaluated
periodically based on the requirements in this
Order, reports issued, and corrective action
plans submitted by DOE elements.
(4) When evaluations identify issues, corrective
actions will be planned and implemented. Copies
of evaluation reports will be provided to the
Office of Human Capital Management for
information and monitoring purposes.
b. Occupational Medical Programs.
(1) Include emergency response plans consistent with
DOE O 151.1C, Comprehensive Emergency Management
System, dated 11-2-05; DOE G 151.1-4, Response
Elements, dated 7-11-07; and DOE O 440.1B,
Worker Protection Management for DOE (Including
National Nuclear Security Administration) Federal
Employees, dated 5-17-07.
(2) Provide—
(a) the capability to diagnose, stabilize, treat,
or refer onsite injuries and illnesses.
(b) programs and procedures, including a medical
monitoring/surveillance program, for the
early detection, treatment, and/or
rehabilitation of employees who have
work-related diseases, illnesses, injuries,
or impairments.
(c) medical evaluations to determine Federal
employees’ fitness for duty.
(d) baseline, periodic, post-incident, and
termination medical evaluations for employees
in positions identified as having hazardous
exposures or the potential for them. Such
positions are included in a medical
surveillance program.
(e) employee counseling on health-related
problems of a physical nature so Federal
employees understand the risks associated
with their work, including the materials they
use and associated diseases.
(f) information to Federal employees about health
care services available through their
employers, recognized job-related and general
health issues, health screenings, and
preventive health services available in the
community.
(g) services performed by licensed, registered,
or certified professionals, including
physicians, physician assistants, nurse
practitioners, and nurses.
(h) servicing medical facilities that contain the
equipment needed to meet requirements of the
occupational medical program.
(i) medical staff that supports the CAP by
supplying medical documentation for Federal
employees with disabilities who seek
assistive technology.
(3) Ensure that employees traveling outside the
contiguous United States are advised of pertinent
health issues, receive appropriate immunizations,
and are cleared before departure.
(a) For trips of less than 60 days, the servicing
medical support staff will clear.
(b) For trips of 60 days or more, the Office of
Medical Services, U.S. Department of State,
will clear.
(4) Establish a cooperative program for management
and program officials and safety, industrial
hygiene, human resources, and occupational
medical staffs to participate in identifying
positions subject to hazardous exposures.
(5) Respond to Departmental evaluations or reporting
requirements.
c. Employee Assistance Programs.
(1) Provide—
(a) crisis intervention, assessment, short-term
counseling, referral, followup, case
management, management consultation,
education and training (and the promotion
thereof), and prevention.
(b) services for all behavioral problems,
including ensuring that medical evaluations
are obtained before or as part of psychiatric
evaluations to determine whether behavioral
problems are caused by medical conditions, in
accordance with 5 CFR §339.301(e).
(c) trained EAP counselors that are either
licensed or certified by the State in which
service is provided or are supervised by one
who is properly licensed or certified.
(d) services to family members of current or
recently deceased employees. (NOTE: These
services are limited to work-related issues,
e.g., when a death occurs on the job or while
in a travel status, a family member may
attend support group sessions for employees
or be counseled separately.)
(2) Support both management and Federal employee
interests in identifying and resolving employee
behavioral issues.
(3) Respond to Departmental evaluation or reporting
requirements regarding services rendered and
resources expended.
(4) Respond to Federal employee requests for
assistance within 1 to 3 workdays, depending on
the nature of the problem.
(5) Include a program coordinator who has
satisfactorily completed either an Office of
Personnel Management Employee Assistance Program
course or equivalent training.
(6) Maintain EAP records separate from occupational
medical records and ensure their confidentiality
in accordance with applicable statutes,
regulations, and Attachment 2, references 23 and
25.
d. Worker Compensation Programs.
(1) Include procedures for medical support staff to
review each claimant’s supporting documentation.
(2) Provide a program coordinator (see paragraph 5g)
who has satisfactorily completed the Basic
Compensation Specialist Workshop course offered
by the Office of Workers’ Compensation, U.S.
Department of Labor, or an equivalent course.
5. RESPONSIBILITIES.
a. Director of Human Capital Management.
(1) Develops DOE corporate policy and guidance for
and oversees and/or conducts evaluation of
Federal employee health services programs.
(2) Provides or contracts for Headquarters health
services.
(3) Approves qualifications standards for employees
in unique DOE positions that, because of physical
requirements, are subject to a medical evaluation
program. (See paragraph 5d for NNSA
responsibilities.)
(4) Coordinates the Department’s Federal Workers’
Compensation Program with the Office of Workers’
Compensation, Department of Labor.
(5) Coordinates the Department’s CAP with the
Department of Defense.
b. Office of Health, Safety and Security.
(1) Provides staff that conduct or contract for
evaluation of occupational medical programs by
medical professionals with thorough knowledge of
occupational medicine and the work environment.
(2) Assists program offices in establishing medical
and psychological requirements for employees in
unique DOE/NNSA positions that are subject to a
medical evaluation program.
c. NNSA Administrator or Designee.
(1) Develops NNSA policy and guidance for and
oversees or conducts the evaluation of Federal
employee health services programs for NNSA
organizations.
(2) Ensures that health services are provided all
NNSA employees.
(3) Approves qualifications standards for employees
in unique NNSA positions that because of physical
requirements, are subject to medical evaluations.
d. Heads of Departmental/NNSA Elements with Delegated
Personnel Authority.
(1) Provide or contract for cost-effective
occupational medical and EAP services.
(2) Administer worker compensation programs.
(3) Evaluate the effectiveness of medical services
and EAPs at least annually.
(4) Determine which site/facility management
contracts need to include the CRD for this order,
and work with the appropriate contracting officer
to have the CRD included in the contract and
modified when appropriate.
e. Heads of Departmental/NNSA Elements. When medical or
behavioral concerns arise, collaborate with medical
support staff, EAP counselors, and human resource staff
to determine whether employees are able to perform
assigned duties.
f. Deputy Administrator for Naval Reactors. In accordance
with the responsibilities and authorities for safety
and health matters assigned by Executive Order 12344
[statutorily prescribed by Public Law 98-525 or 42
United States Code (U.S.C.) 7158 note] and to ensure
consistency throughout the joint Navy/DOE organization
of the Naval Nuclear Propulsion Program, implements and
oversees all policies and practices pertaining to this
Order for activities under the Deputy Administrator’s
cognizance.
g. Workers’ Compensation Program Coordinator.
(1) Requests and reviews documentation from each
claimant about his/her medical condition at least
annually.
(2) Reviews possible vacancies, limited or light-duty
assignments, and positions performed under
contract by temporary agencies at least quarterly
in an effort to return claimants to work.
Reviews the U.S. Department of Labor’s quarterly
charge-back report to determine proper billing,
identifies and corrects errors in the report
before the organization is billed, and coordinates
costs with the local finance staff.
6. DEFINITIONS.
a. Hazardous exposure. An exposure to any biological,
chemical, or physical substance that may cause personal
injury or illness to an employee.
b. Limited or light-duty assignment. An informal
assignment of light or restricted duties that an
injured or ill employee can perform without a personnel
action and loss of pay.
7. NECESSITY FINDING STATEMENT. In compliance with Sec. 3174
of P.L. 104-201 (42 USC 7274k note), DOE hereby finds that
this Order is necessary for the protection of
human health and the environment or safety, fulfillment of
current legal requirements, and conduct of critical
administrative functions.
8. CONTACT. Questions concerning this Order should be
addressed to the Office of Human Capital Management
Strategic Planning and Vision at 202-586- 3372.
BY ORDER OF THE SECRETARY OF ENERGY:
CLAY SELL
Deputy Secretary
CONTRACTOR REQUIREMENTS DOCUMENT
DOE O 341.1A, FEDERAL EMPLOYEE HEALTH SERVICES
Regardless of the performer of the work, the contractor is
responsible for complying with the requirements of this
Contractor Requirements Document (CRD) and flowing down CRD
requirements to subcontracts at any tier to the extent necessary
to ensure the contractor’s compliance.
1. GENERAL.
a. Contractors providing occupational health, employee
assistance, and workers’ compensation services to
Federal employees must be familiar with, and comply
with, requirements existing independently of this CRD.
A list of references with brief descriptions is
provided in DOE O 341.1A, Attachment 2.
b. The contractor must cooperate with periodic evaluations
of or reporting requirements for its health services
programs for Federal employees conducted by either the
Department of Energy (DOE) or an organization
designated by DOE.
2. REQUIREMENTS.
a. Occupational Medical Programs. Contractors must
develop, participate in the development of, and/or
maintain programs that must do the following.
(1) Include an emergency response plan consistent
with applicable DOE directives [DOE O 151.1C,
Comprehensive Emergency Management System, dated
11-2-05; and DOE O 440.1B, Worker Protection
Management for DOE (Including National Nuclear
Security Administration) Federal Employees, dated
5-17-07].
(2) Establish a cooperative program for applicable
management and program officials and safety,
industrial hygiene, human resources, and
occupational medical staffs to participate in the
identification of positions that are subject to
hazardous exposures.
(3) Ensure that Federal employees traveling outside
the contiguous United States are advised of
pertinent health issues, receive appropriate
immunizations, and are cleared before departure.
1 For trips of less than 60 days, the servicing
medical support staff will clear.
2 For trips of 60 days or more, the Office of
Medical Services, U.S. Department of State,
will clear.
(4) Provide—
(a) the capability to diagnose, stabilize, treat,
or refer onsite injuries and illnesses.
(b) programs and procedures, including a medical
monitoring/ surveillance program, for early
detection, treatment, and/or rehabilitation
of Federal employees who have work-related
diseases, illnesses, injuries, or
impairments.
(c) medical evaluations to determine Federal
employees’ fitness for duty.
(d) baseline, periodic, post-incident, and
termination medical evaluations for employees
in positions identified as having hazardous
exposures or the potential for them. Such
positions must be included in a medical
surveillance program.
(e) employee counseling on health-related
problems of a physical nature so Federal
employees understand the risks associated
with their work, including the materials they
use and associated diseases.
(f) information to Federal employees about health
care services available through their
employers, recognized job-related and general
health issues, health screenings, and
preventive health services available in the
community.
(g) services performed by licensed, registered,
or certified professionals, including
physicians, physician assistants, nurse
practitioners, and nurses.
(h) servicing medical facilities that contain the
equipment needed to meet the requirements of
the occupational medical program.
(i) medical staff that supports the CAP by
supplying medical documentation for Federal
employees with disabilities who seek
assistive technology.
b. Employee Assistance Programs (EAPs). Contractors must
develop, participate in the development of, and/or
maintain local programs that—
(1) Provide—
(a) crisis intervention, assessment, short-term
counseling, referral, followup, case
management, management consultation,
education and training (and the promotion
thereof), and prevention.
(b) services for all behavioral problems,
including ensuring that medical evaluations
are obtained before or as part of psychiatric
evaluations to determine whether behavioral
problems are caused by medical conditions in
accordance with 5 CFR §339.301(e).
(c) trained EAP counselors that are either
licensed or certified by the States in which
service is provided or supervised by one who
is properly licensed or certified.
(d) services to family members of current or
recently deceased Federal employees. (NOTE:
These services are limited to work-related
issues, e.g., when a death occurs on the job
or while in a travel status, a family member
may attend support group sessions for
employees or be counseled separately.)
(2) Support both management and Federal employee
interests in identifying and resolving employee
behavioral issues.
(3) Respond to Federal employee requests for
assistance within 1 to 3 workdays, depending on
the nature of the problems.
(4) Maintain EAP records separate from occupational
medical records and ensure their confidentiality
in accordance with applicable statutes,
regulations, and Attachment 2, references 23 and
25.
REFERENCES
1. 5 U.S.C. 552a (Privacy Act) regulates the collection,
maintenance, use, and dissemination of personal information
by Federal agencies, along with requiring Federal agencies
to publish a notice of the existence and character of their
systems of records.
2. 5 U.S.C. 7361 and 7362 authorize Agencies to provide
services to employees and their families for substance abuse
problems (see www4.law.cornell.edu/uscode/5/7361.html).
3. 5 U.S.C. 7901 authorizes Agencies to provide health services
that promote and maintain the physical and mental fitness of
employees (see www4.law.cornell.edu/uscode/5/7901.html).
4. 5 U.S.C. 7904 and 5 Code of Federal Regulations (CFR), Part
792, require Agencies to provide appropriate prevention,
treatment, and rehabilitation programs, such as counseling
and referral services, for employees with drug and alcohol
abuse problems (see
www4.law.cornell.edu/uscode/5/7904.html).
5. 5 U.S.C., Chapter 81, establishes the Federal workers’
compensation program (see
www4.law.cornell.edu/uscode/5/pIIIspGch81.html).
6. 29 U.S.C., Chapter 16, 791(b) (Rehabilitation Act),
establishes requirements for Agencies to provide assistance
to disabled individuals (see
www4.law.cornell.edu/uscode/29/791.html).
7. 42 U.S.C. 290dd-2 and 42 CFR, Part 2, provide for the
confidentiality of alcohol and drug abuse patient records
(see www4.law.cornell.edu/uscode/42/290dd-2.html).
8. Public Law 104-191, Health Insurance Portability and
Accountability Act (HIPAA), and 45 CFR, Parts 160 through
164, provide for the protection of individually identifiable
health information (see http://www.cms.hhs.gov/hipaa/ and
http://cfr.law.cornell.edu/cfr/).
9. 5 CFR Parts 293 (Subpart E), 339, 432, 752, and 831 provide
authorities and procedures for Agencies to require or
request medical information relevant to taking a personnel
management action; to maintain medical documentation and
records; to protect medical records; and to establish
physical requirements for positions (see
www.opm.gov/cfr/5cfrv1.htm).
10. 10 CFR, Part 712, Section 712.14, establishes medical
assessment requirements for the Human Reliability Program.
11. 10 CFR Part 850, which describes the DOE chronic beryllium
disease prevention program.
12. 29 CFR 1910 and 1960 establish requirements for Federal
occupational safety and health (FEOSH) programs (see
http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_ty
pe=STANDARDS&p_toc_level=0&p_keyvalue=OSHA_Std_toc.html).
13. DOE O 151.1C, Comprehensive Emergency Management System,
dated 11-2-05, pertains to medical emergency response
activities.
14. DOE G 151.1-4, Response Elements, dated 7-11-07, pertains to
medical emergency response activities.
15. DOE O 226.1A, Implementation of Department of Energy
Oversight Policy, dated 5-25-07, implements DOE policy for
assurance systems and processes established by DOE
contractors and oversight programs performed by DOE line
management and independent oversight organizations.
16. DOE O 440.1B, Worker Protection Management for DOE
(Including National Nuclear Security Administration) Federal
Employees, dated 5-17-07, and related directives establish
the DOE FEOSH and medical surveillance programs.
17. DOE O 471.3, Identifying and Protecting Official Use Only
Information, dated 4-9-03, regarding the protection of
unclassified controlled information including occupational
medical, employee assistance program (EAP), and workers’
compensatory claim records.
18. U.S. Department of Labor Publication CA-810, Injury
Compensation for Federal Employees, January 1999 (revision),
contains specific references, including pertinent laws and
regulations, and procedures for administering a workers’
compensation program (see
http://nt5.scbbs.com/cgi-bin/om_isapi.dll?clientID=401662&in
fobase=agencyhb.nfo&softpage=PL_frame).
19. U.S. Office of Personnel Management/Government-
(OPM/GOVT)-5, Recruiting, Examining, and Placement Records
(71 Federal Register 35351, dated 6-19-06), describes
medical records pertaining to applicants (see
http://www.opm.gov/feddata/Federalr.pdf).
20. OPM/GOVT-10, Employee Medical File System (71 Federal
Register 35360, dated 6-19-06), establishes the Federal
medical records system and describes the routine users the
information contained in the records (see
http://www.opm.gov/feddata/Federalr.pdf).
21. OPM, A Federal Workplace Guide to Preventive Health
Services, 2000, provides guidance on Federal health services
(see www.opm.gov/ehs/health3.htm).
22. U.S. Department of Labor/Government-1, Office of Workers’
Compensation Programs, Federal Employees’ Compensation Act
File (67 Federal Register 16826, dated 4-8-02), establishes
the records system for Federal workers’ compensation claims
(see www.dol.gov/sol/privacy/dol-govt-1.htm).
23. DOE-34, Employee Assistance Program (EAP) Records
(66 Federal Register 39795, dated 6-30-03), establishes the
DOE EAP records system, describes the routine users of
the information contained in the records, and extends the
protection described in 42 U.S.C. 290dd-2 and in 42 CFR Part
2 to all other counseling records (see
www.oakridge.doe.gov/Foia/27299.pdf).
24. DOE Handbook on Leave and Absence, dated June 2001 (see
www.ma.mbe.doe.gov/pers/handbook.pdf), describes the use of
leave for medical reasons and medical documentation.
25. EAPA Standards and Guidelines for Employee Assistance
Programs, published by the Employee Assistance Professionals
Association, provides the criteria and guidance for
administering an EAP.
26. Employee Assistance Law Desk Book, published by the Employee
Assistance Professionals Association, addresses the legal
issues associated with an EAP (see
www.eapassn.org/Store/category.cfm?category_id=6).
27. Executive Order 13197, Government-wide Accountability for
Merit System Principles; Workforce Information, dated
January 18, 2001 (see www.opm.gov/account/order.asp), and
Presidential Memorandum, Actions to Further Improve the
Management of Federal Human Resources, dated June 9, 2000
(see www.opm.gov/hrmc/about/presmemo.htm), which address
standards of human capital management improvement and
accountability.