403.03 - Communicable Diseases - Employees

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 create a substantial risk of illness or transmission to students or other employees. The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases is included in the school district's bloodborne 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 is reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees is determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

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.

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

Legal Reference:  29 U.S.C. §§ 794, 1910.
                                      42 U.S.C. §§ 12101 et seq.
                                      45 C.F.R. Pt. 84.3.
                                      Iowa Code chs. 139A; 141A.
                                      641 I.A.C. .1, .2, .7.

I.C. Iowa Code                                      Description
Iowa Code § 139A                                Communicable/Infectious Diseases
Iowa Code § 141A                                AIDS

I.A.C. Iowa Administrative Code           Description
641 I.A.C.                                             Public Health Department

U.S.C. - United States Code                   Description
29 U.S.C. §§ 794                                   Labor - Vocation Rehab Rights
42 U.S.C. § 12101                                 Public Health - Equal Opportunity - Disabilities

C.F.R. - Code of Federal Regulations     Description
45 C.F.R. Pt. 84.3                                  Public Welfare - Nondiscrimination on Basis of Handicap/Programs