Staff Health and Safety: GBGA

Through its overall safety program and various policies pertaining to school personnel, the District shall seek to ensure the safety of employees during working hours and assist them in the maintenance of good health. It shall encourage all its employees to maintain good health and practice good health habits.

Under the following circumstances, the District may require physical examinations of its employees or applicants for employment. The district shall pay for all such physical examinations. Results of such physical examinations shall be maintained in separate medical files and not in the employee’s personnel file and may be released only in limited circumstances.

Routine physical examinations

All bus drivers, including full-time, part-time or temporary, shall be required to have a physical examination once every two years to obtain or renew an operator's permit.

Special examinations

The District recognizes that an individual's medical diagnoses are privileged information between the patient and medical professionals. However, whenever a staff member's medical condition is such that it interferes with the ability to perform required duties or there is an unacceptable risk to the health and safety of the employee or others, the district shall take necessary steps to evaluate the employee's condition and make appropriate employment decisions.

The District may request physical examinations and/or mental health examinations of any employee at any time to determine if the employee has a physical and/or mental condition, disease or illness which may interfere with the employee's ability to perform required duties or which may pose an unacceptable risk to the health, safety or welfare of the employee or others. The school district shall select the medical professional to conduct such examination and shall pay the costs associated with such examination.

When the employee cannot perform the essential functions of the job with reasonable accommodation, or medical evidence establishes that the employee's condition poses a significant risk to the health, safety or welfare of the employee or others, the school district may suspend and/or terminate the employee in accordance with applicable policies and regulations and applicable law.

Readily-transmitted communicable diseases

An employee with an acute, common communicable disease shall not report to work during the period of time when contagious/infectious. The district reserves the right to require a physician's statement prior to the employee's return to work.

An employee diagnosed with a serious, readily-transmissible disease or condition shall be encouraged to report the existence of the condition or illness in case there are precautions that must be taken to protect the health of others.

HIV infection

Any employee who becomes aware of personal infection with the human immunodeficiency virus (HIV), which although life-threatening poses little risk of transmission in a school setting, is encouraged to report to a designated school administrator the diagnosis of HIV. The administrator shall follow the procedures accompanying this policy to evaluate the employment status of the staff member.

To encourage disclosure, the school district shall endeavor to treat these employees in a fair, nondiscriminatory and confidential manner consistent with the district's legal obligations. Federal and state law mandate, pursuant to provisions protecting persons with disabilities that such employees shall not be discriminated against on the basis of their disabilities and that reasonable accommodations shall be made to enable qualified individuals with disabilities to continue working.

Confidentiality

In all instances, district personnel shall respect the individual's right to privacy and treat any information regarding the medical condition or medical history of an employee or applicant as confidential information. The superintendent shall develop procedures to ensure that all medical information will be held in strict confidence. Any school staff member who violates confidentiality shall be subject to appropriate disciplinary measures.

 

Adopted October 14, 1975

Revised 1978

Revised to conform with practice:  January 24, 1984

Revised March 10, 1987

Revised March 8, 1988

Revised May 25, 1993

Revised January 13, 2011

 

LEGAL REFS:

 

29 U.S.C. §794 (1983) 

42 U.S.C. §1201 et seq.

CRS 8-2-118

CRS 22-32-110 (1) (k)

CRS 22-63-301

CRS 24-34-401 et seq

CRS 25-4-101 et seq.

1 CCR 301-26, Rules 4204-R-210

 

CROSS REFS:

 

ACE, Nondiscrimination on the Basis of Disability

EBBA, Prevention of Disease/Infection Transmission

GBA, Open Hiring/Equal Employment Opportunity

GBJ, Personnel Records and Files

GBGG, Staff Sick Leave

GCQF, Discipline, Suspension and Dismissal of Professional Staff

GDQD, Discipline, Suspension and Dismissal of Support Staff

GCCAA, Professional Staff Temporary Leave JHCC

 

CONTRACT REFS:

 

BEA Master Agreement, Article 10 - Fringe Benefits