Butte School District

THE BOARD OF TRUSTEES

5130

Staff Health

Medical Examinations

Through its overall safety program and various policies pertaining to school personnel, the Board will promote the safety of employees during working hours and assist them in the maintenance of good health. It will encourage all its employees to maintain optimum health through the practice of good health habits.

Under the circumstances defined below, the Board may require physical examinations of its employees. Results of such physical examinations will be maintained in separate medical files and not in the employee’s personnel file and may be released only as permitted by law.

Physical Examinations

If the work is of a physically demanding nature, 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 which 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. If approved by personnel services, a thirty-(30)-day grace period beginning from the date of employment may be allowed for the employee to obtain the required medical examination.

All bus drivers, including full-time, regular part-time, temporary part-time, and substitute drivers, are required by state law to have a satisfactory medical examination prior to employment.

Communicable Diseases

If a staff person has a communicable disease and has knowledge that a person with compromised or suppressed immunity attends the school, the staff person must notify the school nurse or other responsible person designated by the Board that he has a communicable disease which could be life threatening to an immune-compromised person. The school nurse or other responsible person designated by the Board must determine, after consultation with and on the advice of public health, if the immune-compromised person needs appropriate accommodation to protect their health and safety.

An employee with a communicable disease will not report to work during the period of time in which the employee is infectious. An employee afflicted with a communicable disease capable of being readily transmitted in the school setting (e.g., airborne transmission of tuberculosis) will be encouraged to report the existence of the illness, in case there are precautions that must 5130 page 2 of 2 be taken to protect the health of others. The District reserves the right to require a statement from the employee’s primary care provider prior to the employee’s return to work.

Confidentiality

In all instances, District personnel will respect the individual’s right to privacy and treat any medical diagnosis as confidential information. Any information obtained regarding the medical condition or history of any employee will be collected and maintained on separate forms and in separate medical files and be treated as confidential information. Only those individuals with a legitimate need to know (i.e., those persons with a direct responsibility for the care of or for determining workplace accommodation for the staff person) will be provided with necessary medical information.

Supervisors and managers may be informed of necessary restrictions on the work or duties of the employee and necessary accommodations. First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.

Legal Reference:
29 U.S.C. 794, Section 504 of the Rehabilitation Act
29 CFR, Section 1630.14(c)(1)(2)(3)
42 U.S.C. 12101, et seq. Americans with Disabilities Act
Title 49, Chapter 2, MCA Illegal Discrimination
Title 49, Chapter 4, MCA Rights of Persons with Disabilities
§ 20-10-103(4), MCA School bus driver qualifications
16.28.1005, ARM Employee of School – Day Care Facility            
37.111.825, ARM Care Provider Health Supervision and Maintenance

Policy History:
Adopted on: 10/18/04
Revised on: