The District recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees. The District also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.
Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not pose a direct threat. A direct threat occurs when an individual poses a significant risk of substantial harm to himself/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
Prevention and control of communicable diseases is included in the District's blood-borne pathogens exposure control plan. The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping. This plan shall be reviewed annually by the superintendent and school nurse.
An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the superintendent any time the employee is aware that the employee’s condition poses a direct threat. Any individual who has information that a District employee may have a communicable disease is encouraged to report the information to the superintendent.
The superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the District environment constitutes a direct threat. In making this determination, the superintendent shall consider credible, objective evidence. If the superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the District or public health officials, to confirm the superintendent’s determination.
Health data of an employee is confidential and it will not be disclosed to third parties. Employee medical records are kept in a file separate from their personal file and are treated as a confidential medical records subject to state and federal laws.
Approved: November 13, 2013 Reviewed: Revised