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Atascadero USD |  BP  4112.4  Personnel

Health Examinations   

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Essential Function Examinations

The Board of Trustees finds that pro-active prevention and handling of employee injuries is in the best interest of the district and its employees. The Board also finds that it is a business necessity to take preventative steps including physical examinations to assist in reducing employee injuries. Therefore, to the extent permissible by law, the Superintendent or designee is authorized to require physical examinations of (1) applicants, after the district extends an offer of employment and prior to starting work, or (2) employees who suffer an illness or injury that may substantially impair his/her ability to perform his/her job.

The district reserves the right to have applicants bears the cost of such examinations. The district shall use the results of any such examination for the purpose of preventing injuries and evaluating the employee's ability to perform the essential functions of his/her job. The district shall not disqualify any applicant or employee from any position as a result of these examinations except as permitted by federal and state law. The district reserves the right to receive and/or disclose medical information in situations allowed by state or federal law.

New Employees

The Superintendent or designee shall ensure that new district employees comply with all the health examination requirements of California law.

In addition, the Superintendent or designee may require applicants for employment in classified positions to undergo a preemployment physical examination to show that they are physically able to perform the duties of specific jobs. (Education Code 45122)

Continuing Employees

Continuing employees shall undergo periodic tuberculosis risk assessment and/or examination or tuberculosis tests once every four years in accordance with law. (Education Code 49406)

The Board of Trustees is concerned about the prevalence of tuberculosis in our community and may require continuing employees to undergo tuberculosis tests when warranted upon the recommendation of the local health officer.

Employees may be required to pass a physical and/or psychological examination any time such an examination appears necessary to preserve the health and welfare of district students and employees or to furnish medical proof of physical or mental ability to perform satisfactorily the assigned duties of an individual's position. (Education Code 44839, 45122)

(cf. 4119.41/4219.41/4319.41 - Employees with Infectious Disease)

Legal Reference:

EDUCATION CODE

44839 Medical certificate; periodic medical examination

44839.5 Requirements for employment of retirant

44932 Grounds for dismissal of permanent employee

44942 Suspension or transfer of certificated employee on ground of mental illness

45122 Physical examinations

49406 Examination for tuberculosis

BUSINESS AND PROFESSIONS CODE

2700-2838 Nurses

3500-3546 Physician assistants

HEALTH AND SAFETY CODE

121525 Private and parochial school employees, examination for tuberculosis

CODE OF REGULATIONS, TITLE 5

5502 Filing of notice of physical examination for employment of retired persons

5503 Physical examination for employment of retired persons

5504 Medical certification procedures

COURT DECISIONS

Doe v. Lincoln Unified School District, (2010) 188 Cal.App.4th 758

Leonel v. American Airlines, Inc., (2005) 400 F.3d. 702

Raven v. Oakland Unified School District, (1989) 213 Cal.App.3d 1347

Management Resources:

WEB SITES

California Department of Public Health: http://www.cdph.ca.gov

Centers for Disease Control and Prevention: http://www.cdc.gov

Public Health Institute: http://www.phi.org

U.S. Food and Drug Administration: http://www.fda.gov

Policy ATASCADERO UNIFIED SCHOOL DISTRICT

adopted: May 2, 2000 Atascadero, California

revised: March 20, 2012

revised: March 17, 2015