File:  GBGA - Staff Health

(And Physical and Mental Health Examination Requirements)

Through its overall safety program and various policies pertaining to school personnel, the Board 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 Board may require physical examinations of its employees.  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 CDL bus drivers, including full-time, regular part-time or temporary part-time drivers shall be required to have a physical examination once every two years to obtain or renew an operator's permit. 

Special examinations

The Board recognizes that an individual's medical diagnosis is 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 others, the district has a responsibility to take necessary steps to evaluate the employee's condition and make appropriate employment decisions.

The Board 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 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.

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 take action to suspend and/or terminate the employee in accordance with applicable policies and regulations.

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 afflicted with a serious, readily-transmissable 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 affliction with the disease.  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 handicapped individuals, that such employees shall not be discriminated against on the basis of their handicaps and that, if it becomes necessary, some reasonable accommodations be made to enable qualified individuals to continue work.

Confidentiality

In all instances, district personnel shall respect the individual's right to privacy and treat any medical diagnosis as confidential information. The superintendent shall initiate procedures to insure 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:  August 1998

LEGAL REFS.:  29 U.S.C. §794 (1983)  (Section 504 of the Rehabilitation Act)

42 U.S.C. §12101 et seq.  (Americans with Disabilities Act)

C.R.S. 8-2-118

C.R.S. 22-32-110 (1)(k)

C.R.S. 22-63-301

C.R.S. 24-34-401 et seq.

C.R.S. 25-4-101 et seq.

1 CCR 301-26, Rules 4204-R-201

CROSS REFS.:  ACE, Nondiscrimination on the Basis of Handicap/Disability  (Compliance with Section 504)

EBBA, Prevention of Disease/Infection Transmission

GBA, Open Hiring/Equal Employment Opportunity and Affirmative Action

GBJ, Personnel Records and Files

GCCAA/GCCBA, Instructional Staff/Administrative Staff Sick Leave

GCQF, Discipline, Suspension and Dismissal of Professional Staff Members

GDCA, Support Staff Sick Leave

GDQD, Discipline, Suspension and Dismissal of Support Staff Members