U.S. Department of the Interior

Office of the Secretary

Washington, D.C. 20240

July 31, 2002


To: Bureau/Office Equal Opportunity Officers

From: E. Melodee Stith, Director, Office for Equal Opportunity

Subject: Preparation of Compensatory Damages/Reasonable Accommodation Analysis

This Directive revises and amends EOD 1999-02, issued in November 1998, and is effective immediately. Please refer to our previous EOD-1999-02 in concert with this amendment.

Enclosed is a Memorandum of Agreement (MOA) between the Department of Health and Human Services (DHHS), U.S. Public Health Services (USPHS), Federal Occupational Health (FOH) and the Department of the Interior, for the provision of comprehensive occupational and environmental health services.

Also enclosed, please find: 1) an Official Authorization Page for services; 2) FOH Medical Information Management Requirements; and 3) the Scope of Work for services to be provided with corresponding charges.

Please indicate approval of this MOA by having the appropriate official sign and date both copies of the Official Authorization Page and return one signed copy to this office that will be forwarded to HHS/FOH, by close of business August 19, 2002.

Under the terms of the MOA, the DHHS, USPHS, and FOH will perform specific tasks as identified by the Bureau representative and outlined in a Scope of Work Statement. The point of contact will provide FOH with complainants' medical records, including medical release forms, other relevant documents and a list of concerns which will be addressed in the consultation. FOH physicians or mental health care providers will review complainants' claims regarding emotional and/or mental pain, stress, and physical symptoms. If requested, the FOH physician or mental health care provider will also assist the Agency in determining the extent to which the agency's conduct either directly or indirectly caused or aggravated complainant's harm. FOH's consultation will address the nature and severity of complainant's harm and the duration or expected duration of the harm. It will also address future treatment is necessary, and mitigation and abatement issues.

To simplify this process, we ask you to complete the enclosed FOH agreement so that each Bureau is included in the services provided by FOH. Please send both copies of the Official Authorization Pages and return signed copies to this office that will be forwarded to HHS/FOH, in care of Carmen J. Santana no later than August 19, 2002. We urge each Bureau to submit these documents since this will greatly assist HHS/FOH individuals responsible for analyzing compensatory damages claims and/or reasonable accommodation determinations. Please be aware that each claim will require the DOI's agreement number (D3H02IN25008) with PHS and that this umbrella agreement will provide faster service and ease in requesting analysis of reasonable accommodation determinations and compensatory damages claims.

DISTRIBUTION: Bureau and Office Equal Opportunity Officers

INQUIRIES: Carmen J. Santana

EXPIRES: When superseded

1. Previously 1999-02

2. Point of contact is defined as the designated Bureau person who is in direct contact, and is requesting assistance from FOH.

Please call (202) 208-5693 for attachments.