DBB (Local) – Employment Requirements and Restrictions: Physical Examinations and Communicable Diseases


EMPLOYEE EXAMINATIONS AND DISEASES 

The College District may require a medical examination (and/or inquiry) of an employee that is job-related and consistent with realistic occupational requirements and may make inquiries into the ability of an employee to perform job-related functions.

The results of an employee’s medical examination shall be used only to determine the applicant’s ability to perform job-related functions. Information obtained regarding the medical condition or history of the applicant shall be collected and maintained on separate forms and in separate medical files and shall be treated as confidential medical records. However, supervisors and managers may be informed regarding necessary restrictions on the employee’s work or duties and necessary accommodation; first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.

QUALIFIED DISABLED PERSON
If the College President or designee determines that work restrictions, reassignment, or exclusion may be appropriate, the College
President or designee shall determine whether the employee is a “disabled person.”

If it is determined that an employee is disabled, the College President or designee shall also determine if the employee is otherwise qualified for employment. With respect to employment, a “qualified disabled person” is a disabled person who, with reasonable accommodation, can perform the essential functions of the job in question. If it is determined that an employee is a “qualified disabled person,” the employee must be reasonably accommodated. Accommodation is not reasonable if it poses undue financial or administrative burdens or fundamental alterations in the nature of the job.

MODIFICATIONS OF REASSIGNMENT
Whether an employee is disabled or not, the College President or designee, based on the medical information and the requirements of the job, shall determine what exclusion or modification in job duties or assignments are appropriate, if any.

EXCLUSION FROM WORK
An employee may be excluded from work if the College President or designee, in accordance with this policy, determines that the employee poses a risk of contagion to other employees or students, the employee poses a threat to his or her own health by remaining on the job, or the employee’s physical condition interferes with the performance of regular duties.

LEAVE OF ABSENCE
The employee may present evidence to the College President or designee on any information relevant to the employee’s fitness to continue the performance of regular duties. Employees who are excluded from work may be placed on any sick leave or temporary disability leave to which they are entitled.

TERMINATION OF EMPLOYMENT

Employees who are excluded from the work place in accordance with this policy may have their employment terminated when any sick leave or temporary disability leave to which they are entitled has expired, in accordance with appropriate policies and disability discrimination restrictions.

BACKGROUND CHECKS AND DRUG SCREENING

The College District may conduct pre-employment background checks and drug screening in appropriate occupational areas. Probable cause may also be used for additional post-employment testing.

REVISED: 06/12