Atascadero USD | AR 4212.4 Personnel
No applicant shall be initially employed by the district, or employed under contract, in a classified or certificated position unless he/she has submitted to a tuberculosis risk assessment within the past 60 days shows and, if tuberculosis risk factors are identified, has submitted to an intradermal or other approved tuberculosis examination to determine that he/she is free of infectious tuberculosis. If the results of the examination are positive, the applicant shall obtain an x-ray of the lungs. At his /her discretion, an applicant may choose to submit to the examination instead of the risk assessment. (Education Code 49406)
(cf. 1240 - Volunteer Assistance)
(cf. 4112 - Appointment and Conditions of Employment)
(cf. 4212 - Appointment and Conditions of Employment)
Prior to employment by the district, an applicant shall submit a certificate from an authorized health provider stating that the applicant was assessed and/or examined and found to be free of infectious tuberculosis. (Education Code 49406)
An applicant who was previously employed in another school district or private or parochial school shall be deemed to have fulfilled the tuberculosis testing requirement if he/she produces a certificate showing that he/she was found to be free of infectious tuberculosis within 60 days of initial hire or if his/her previous employer verifies that it has a certificate on file showing that the applicant is free from infectious tuberculosis. (Education Code 49406)
Thereafter, each district employee who was found free of infectious tuberculosis shall undergo a tuberculosis risk assessment, and an examination whenever risk factors are identified, at least once every four years or more often when required by the Board of Trustees upon recommendation of the county health officer. However, once an employee has a documented positive test for tuberculosis infection followed by an x-ray, he/she shall no longer be required to submit to the tuberculosis risk assessment but shall be referred to the county health officer within 30 days of the examination to determine the need for follow-up care. (Education Code 49406)
The cost of the pre-employment tuberculosis risk assessment and/or examination shall be paid by the applicant. The district shall reimburse the employee for the cost, if any, of subsequent tuberculosis risk assessments and examinations. The district may provide for the risk assessment and examination or may establish a reasonable fee for the examination that is reimbursable to the employee. (Education Code 49406)
The following applicants or employees shall be exempted from the requirement to submit to a tuberculosis risk assessment and/or examination: (Education Code 49406)
1. An applicant/employee who files an affidavit stating that he/she adheres to the faith or teachings of a well-recognized religious sect, denomination, or organization and, in accordance with its creed, tenets, or principles, depends for healing upon prayer in the practice of religion and that, to the best of his/her knowledge and belief, he/she is free from infectious tuberculosis
Such an exemption shall be allowed only if the Board determines by resolution, after a hearing, that the health of students would not be jeopardized. If at any time there is probable cause to believe that the applicant/employee is inflicted with infectious tuberculosis, he/she may be excluded from service until the Board is satisfied that he/she is not afflicted.
(cf. 4030 - Nondiscrimination in Employment)
Essential Functions Examination
All examinations of employees and applicants for the purposes of assessing their ability to perform the essential functions of his/her job shall adhere to the following guidelines:
Examinations of Current Employees
1. Examinations will be conducted when an employee illness or injury may have a substantial and injurious impact on the employee's job performance.
2. The examination must be job related and conducted as a business necessity.
3. Examinations are intended to measure the employee's job-related functional limitations, and his/her ability to perform the essential functions of his/her job safely and without injury.
4. Examinations of current employees will be conducted at the district's expense, unless the employee procures an examination on his/her own initiative. Where the results of any such examination would result in disqualification, an employee may submit independent medical opinions for consideration before a final determination is made.
5. Time spent by the employee attending the district provided examination shall be compensable work time.
6. The district shall retain the right to choose the health care provider, taking into account the nature of the examination needed and the proximity of qualified health care providers.
7. Where applicable examinations will be limited in scope to the health condition that caused a need for a leave or other absence from work.
Examinations of Applicants
1. An offer of employment may be conditioned on the applicant's successful completion of a physical examination. Such examinations are intended to measure the employee's job related functional limitations, and his/her ability to perform the essential functions of his/her job safely and without injury.
2. The district reserves the right to require applicants to bear the cost of post-offer, pre-employment medical examinations.
3. The district retains the right to choose the health care provider, taking into account the nature of the examination and the proximity of qualified health care providers.
4. Where the results of the examination demonstrate that after reasonable accommodation the applicant cannot perform the essential functions of the position in question, such results may constitute a basis for denial of employment. Where the results of any such examination would result in disqualification, an applicant may submit independent medical opinions for consideration before a final determination is made.
District employees shall maintain the confidentiality of all employee medical information as follows:
1. The health care provider should report to the district only the employee's job-related functional limitations and the fitness to perform the employee's present employment, not the medical cause or diagnosis.
2. The employee may provide his/her express written consent for the disclosure of further medical information. Such written consent shall be signed and dated by the employee.
3. The district shall collect and maintain the exam information as a confidential and separate medical record, except as necessary to provide managers, supervisors, and coworkers with information about job-related functional limitations, or to provide emergency personnel with information as needed to provide the necessary care for the employee.
Consistent with this policy, the district reserves the right to receive and or/disclose such medical information in any other situation allowed by state or federal law.
When an employee's religious belief prevents him/her from undergoing a physical examination, the district shall follow provisions of Education Code 49406.
Continuing employees who test negative on tuberculin skin tests shall undergo a tuberculosis examination at least once every four years. (Education Code 49406)
Tuberculosis tests and other medical examinations required by the Superintendent or designee shall be administered by a physician licensed under the Business and Professions Code and shall be provided by the district or at district expense. (Education Code 44839, 45122, 49406)
Food Service Workers
All food service workers who cook, serve or handle food are required to obtain a health certificate before being assigned to work in any district cafeteria or kitchen. If a disease is suspected, a blood test or periodic health examinations may be required.
Regulation ATASCADERO UNIFIED SCHOOL DISTRICT
approved: May 2, 2000 Atascadero, California
revised: March 20, 2012
revised: March 17, 2015