(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 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
Subsequent to a conditional offer of employment and prior to commencement of work, the district may require an applicant to have a medical examination and to meet any other health requirements that may be imposed by the state. The district may condition an offer of employment on the results of such examination if all entering employees in the applicable job category are subject to such examination. A 30-day grace period may be allowed if approved by personnel services.
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.
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 the employee or others, the district shall take necessary steps to evaluate the employee’s condition and make appropriate employment decisions.
The Board may, based upon reasonable believe or suspicion that an employee has a physical and/or mental condition, disease, or illness which is interfering with or may interfere with the employee’s ability to perform required duties or which may post an unacceptable risk to the health, safety or welfare of the employee or others, request physical examinations and/or mental health examinations of such employee 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 shall pay the costs associated with such examination and shall be entitled to the receipt of the medical records and report of the medical professional, respecting such examination. Refusal of the employee to undergo the requested examination or to allow the examining medical professional to provide the Board with that professional’s related records and report shall be deemed insubordination on the part of the employee.
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.
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.
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: April 12, 1988
Revised: December 14, 1993
Revised: August 9, 2005
Revised: September 23, 2008
Revised: September 23, 2014
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 (employer must bear cost of medical exam)
C.R.S. 22-32-110 (1)(k) (board’s power to adopt policy related to safety, conduct and welfare of employees)
C.R.S. 22-63-301 (grounds for teacher dismissal)
C.R.S. 24-34-401 et seq. (discriminatory or unfair employment practices)
C.R.S. 25-4-101 et seq. (disease control and sanitary regulations)
1 CCR 301-26, Rules 4204-R-201 (regulations regarding operation of school transportation vehicles; requirement of physical exam every two years)
CROSS REFS.: EBBA, Prevention of Disease/Infection Transmission
GBA, Open Hiring/Equal Employment Opportunity
GBGG, Staff Sick Leave
GCQF, Discipline, Suspension and Dismissal of Professional Staff
GDQD, Discipline, Suspension and Dismissal of Support Staff
Huerfano School District Re-1, Walsenburg, Colorado