403 - Employee Health and Well Being

403 - Employee Health and Well Being dawn.gibson.cm… Tue, 12/05/2023 - 11:28

403.1 - Employee Physical Examinations

403.1 - Employee Physical Examinations

 Good health is important to job performance.  Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district. 

School bus drivers shall present evidence of good health every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. The cost of school bus driver’s physical examinations, in excess of insurance coverage, will be paid by the Janesville School District, up to a maximum of $145.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.

The cost of the initial examination, up to $35.00, will be paid by the Janesville School District.  The form, indicating the employee is able to perform the duties for which the employee was hired and that the employee did not test positive for tuberculosis, must be returned prior to payment of salary.   The school district shall provide the standard examination form to be completed by the personal physician of the employee.  Employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to blood borne pathogens.  The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees are followed.

 

 

Legal Reference:  29 C.F.R. Pt. 1910.1030 (2006).
                                       Iowa Code §§ 20.9; 279.8, 321.376 (2009).
                                       281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:  403  Employees' Health and Well-Being

Approved 07/10/89 
Reviewed 09/10/24   
Revised 09/10/24       
 

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:28

403.2 - Employee Injury on the Job

403.2 - Employee Injury on the Job

 When an employee becomes seriously injured on the job, the building principal shall notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

It shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence.  It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the employee to file claims, such as workers' compensation, through the board secretary.

 

 

Legal Reference:  Iowa Code §§ 85; 279.4, 613.17 (2009).
                                       1972 Op. Att'y Gen. 177.

Cross Reference:  403    Employees' Health and Well-Being
                                       409.2  Licensed Employee Personal Illness Leave
                                       414.2  Classified Employee Personal Illness Leave

Approved 09/11/95    
Reviewed 10/18/21     
Revised   01/10/11         
 

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:29

403.3 - Communicable Diseases - Employees

403.3 - 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 blood borne pathogens exposure control plan.  The procedures shall 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 shall be reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees shall be 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 shall 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:  School Board of Nassau County v. Arline, 480 U.S. 273 (1987).
                                       29 U.S.C. § 794, 1910 (2006).
                                       42 U.S.C. §§ 12101 et seq. (2006).
                                       45 C.F.R. Pt. 84.3 (2006).
                                       Iowa Code  § 139A; 141A (2009).
                                       641 I.A.C. 1.2-.7.

Cross Reference:  401.5  Employee Records
                                       403.1  Employee Physical Examinations
                                       507.3 Communicable Diseases-Students

Approved 10/12/92    
Reviewed 10/18/21    
Revised 01/10/11   
 

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:30

403.3E1 - Hepatitis B Vaccine Information and Record

403.3E1 - Hepatitis B Vaccine Information and Record

The Disease

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected.  Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus.  Most of these people have no symptoms, but can continue to transmit the disease to others.  Some may develop chronic active hepatitis and cirrhosis.  HBV may be a causative factor in the development of liver cancer.  Immunization against HBV can prevent acute hepatitis and its complications.

 

The Vaccine

The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids.  Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

 

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle.  Two initial doses are given one month apart and the third dose is given six months after the first.

 

Possible Vaccine Side Effects

The incidence of side effects is very low.  No serious side effects have been reported with the vaccine.  Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever.  Rash, nausea, joint pain, and mild fatigue have also been reported.  The possibility exists that other side effects may be identified with more extensive use.

 

CONSENT OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.

 

                                                                                                                                                                     
Signature of Employee (consent for Hepatitis B vaccination)                Date

 

                                                                                                                                                                    
Signature of Witness                                                                                Date

 

 

REFUSAL OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself.  However, I decline the Hepatitis B vaccination at this time.  I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

 

                                                                                                                                                                      
Signature of Employee (refusal for Hepatitis B vaccination)                  Date

 

                                                                                                                                                                      
Signature of Witness                                                                                  Date

 

I refuse because I believe I have (check one)

                           started the series                            completed the series

 

 

 

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

 

I hereby authorize                                                                                     (individual or organization holding Hepatitis B records and address) to release to Janesville Consolidated School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

 

                                                                                                                                                        
Signature of Employee                                                                              Date

 

                                                                                                                                                        
Signature of Witness                                                                                   Date

 

 

 

 

CONFIDENTIAL RECORD

 

                                                                                                                                                                            
Employee Name (last, first, middle)                                                                       Social Security No.

 

Job Title:                                                                                                                                                         

 

          Hepatitis B Vaccination Date                   Lot Number            Site                                                            Administered by

1                                                                                                                                                                                                         

2                                                                                                                                                                                                        

3                                                                                                                                                                                                        

 

Additional Hepatitis B status information:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

Identification and documentation of source individual:

_____________________________________________________________

 

Source blood testing consent:

_____________________________________________________________

 

Description of employee's duties as related to the exposure incident:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

Copy of information provided to health care professional evaluating an employee after an exposure incident:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.

 

Training Record: (date, time, instructor, location of training summary)

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:31

403.3R1 - Universal Precautions Regulation

403.3R1 - Universal Precautions Regulation

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

 

Hand Washing

Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.

  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

 

Barriers

Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.

 

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

 

Clean up

Spills of blood and OPIM should be cleaned up immediately.  The employee should:

  • Wear gloves.
  • Clean up the spill with paper towels or other absorbent material.
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
  • Dispose of gloves, soiled towels and other waste in a plastic bag.
  • Clean and disinfect reusable supplies and equipment.

 

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.

 

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.

  • Always wash the exposed area immediately with soap and water.
  • If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

 

 

Approved 09/11/95    
Reviewed 10/18/21   
Revised            

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:34

403.4 - Hazardous Chemical Disclosure

403.4 - Hazardous Chemical Disclosure

 The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it shall be distributed to all employees, and training is conducted for the appropriate employees.  The superintendent shall maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program.

 

 

Legal Reference:  29 C.F.R. Pt. 1910; 1200 et seq. (2006).
                                       Iowa Code chs. 88; 89B (2009).
                                       347 I.A.C. 120.

Cross Reference:  403  Employees' Health and Well-Being
                                       804  Safety Program

Approved 07/10/89    
Reviewed 10/18/21    
Revised 01/10/11 
 

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:35

403.5 - Harassment

403.5 - Harassment

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and nonschool property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  • such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.

Employees and students who believe they have suffered harassment shall report such matters to the investigator for harassment complaints.  However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

Upon receiving a complaint, the investigator shall confer with the complainant to obtain an understanding and a statement of the facts.  It shall be the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who shall complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding an investigation of harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process.

No one shall retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

It shall be the responsibility of the board members, administrators, licensed and classified employees, students, and others having business or other contact with the school district to act appropriately under this policy.  It shall be the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district's policy prohibiting harassment.

This policy and accompanying regulations shall only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.  It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

 

 

Legal Reference:  Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).
                                       Hall v. Gus Const. Co., 842 F.2d 1010 (8th Cir. 1988).
                                       Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990).
                                       42 U.S.C. §§ 2000e et seq. (1988).
                                       29 C.F.R. Pt. 1604.11 (1993).
                                       Iowa Code ch. 216 (1995).

Cross Reference:  102     Equal Educational Opportunity
                                       401.1   Equal Employment Opportunity
                                       401.4   Employee Complaints
                                       402.3   Abuse of Students by School District Employees
                                       404     Employee Conduct and Appearance
                                       502.10  Student-to-Student Harassment
                                       503     Student Discipline

Approved 05/09/94    
Reviewed  10/18/21         
Revised 09/11/95 

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:36

403.5E1 - Harassment Complaint Form

403.5E1 - Harassment Complaint Form

Name of complainant: ___________________________________________

Position of complainant: _________________________________________

Date of complaint:______________________________________________

Name of alleged harasser:________________________________________

Date and place of incident or incidents:______________________________

_____________________________________________________________

Description of misconduct: _______________________________________

_____________________________________________________________

_____________________________________________________________

Name of witnesses (if any): ______________________________________

_____________________________________________________________

_____________________________________________________________

 

Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible):

_____________________________________________________

_____________________________________________________________

 

Any other information:___________________________________________

_____________________________________________________________

_____________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:                                                                                    

Date:                                                 

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:37

403.5E2 - Witness Disclosure Form

403.5E2 - Witness Disclosure Form

Name of witness:_______________________________________________

Position of witness: _____________________________________________

Date of testimony, interview: _____________________________________

Description of instance witnessed: _________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

Any other information: __________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:                                                                                              

Date:                                            

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:38

403.5R1 - Harassment Investigation Procedures

403.5R1 - Harassment Investigation Procedures

COMPLAINT PROCEDURE                                 

An employee or student who believes that they have been harassed will notify the elementary principal, the designated investigator.  The alternate investigator is the superintendent.  The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  Information received during the investigation is kept confidential to the extent possible.

The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

 

INVESTIGATION PROCEDURE

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator will interview the complainant and the alleged harasser.  The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint.  The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator will report to the superintendent.  The investigator will outline the findings of the investigation to the superintendent. 

 

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator's report.  Following the investigator's report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent's discretion, interview the complainant and the alleged harasser.  The superintendent will file a written report closing the case.  The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.

 

POINTS TO REMEMBER IN THE INVESTIGATION

        ·        Evidence uncovered in the investigation is confidential.

        ·        Complaints must be taken seriously and investigated.

        ·        No retaliation will be taken against individuals involved in the investigation process.

        ·        Retaliators will be disciplined up to and including discharge.

 

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator is the investigator. 

If the alleged harasser is the superintendent, the alternate investigator will take the superintendent's place in the investigation process.  The alternate investigator will report the findings to the board.

 

 

Approved 4/10/06                    
Reviewed _10/18/21                 
Revised _____________

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:39

403.6 - Substance-Free Workplace

403.6 - Substance-Free Workplace

The board expects the school district and its employees to remain substance free.  No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicles.  "Workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee shall notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.

The superintendent is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

 

 

Legal Reference:  41 U.S.C. §§ 701-707 (2006).
                                       42 U.S.C. §§ 12101 et seq. (2006).
                                       34 C.F.R. Pt. 85 (2004).
                                       Iowa Code §§,123.46, 124; 279.8 (2009).

Cross Reference:  404  Employee Conduct and Appearance

Approved 09/11/95  
Reviewed  10/18/21          
Revised  01/10/11             

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:40

403.6E1 - Substance-Free Workplace Notice to Employees

403.6E1 - Substance-Free Workplace Notice to Employees

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

"Workplace" is defined as the site for the performance of work done in the capacity as a employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee shall be subject to discipline up to and including termination.

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.

 

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I,                                                                   , have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

 

                                                                                                                                                                                                                       
(Signature of Employee)                                                                                                                                (Date)

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:41

403.6R1 - Substance-Free Workplace Regulation

403.6R1 - Substance-Free Workplace Regulation

A superintendent who suspects an employee has a substance abuse problem shall follow these procedures:

          1.         Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent shall discuss the problem with the employee.

          2.         Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.

          3.         Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.

          4.         Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

 

Approved 09/11/95    
Reviewed 10/18/21              
Revised            

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:42

403.7 - Drug and Alcohol Testing Program

403.7 - Drug and Alcohol Testing Program

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, post-accident, return to full duty and follow up drug  and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, superintendent or board secretary at 505 Barrick Road, Janesville, IA  50647, 319-987-2581.

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  The district is required to keep a record of all drug and alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug and alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent shall also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

 

 

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51
                                        Fed. 3rd 405 (4th Cir. 1995).
                                        49 U.S.C. ¤ 5331 et seq. (2006).
                                        42 U.S.C. ¤ 12101
                                        41 U.S. C. ¤ 81
                                        49 C.F.R. Pt. 40; 382; 391.81-123 (2006).
                                        34 C.F.R. Pt. 85.
                                        Local 301, Internat’l Assoc. of Fire Fighters, AFL-CIP, and City of Burlington, PERB No. 3876 (3-26-91).
                                        Iowa Code 124; 279.8; 321.375(2); 730.5

Cross Reference:  403.6  Substance-Free Workplace
                                        409.2  Licensed Employee Personal Illness Leave
                                        414.2  Classified Employee Personal Illness Leave

Approved:    12/11/96            
Reviewed  10/18/21           
Revised 10/20/20

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:43

403.7E1 - Drug and Alcohol Testing Program Notice To Employees

403.7E1 - Drug and Alcohol Testing Program Notice To Employees

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion  and post-accident  drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also include applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will  contact the school district contact person.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination. 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FUTHER NOTIFIED that the information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.

 

 

Approved:    12/11/96            
Reviewed  10/18/21           
Revised 10/20/20

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:45

403.7E2 - Drug and Alcohol Testing Program Acknowledgement Form

403.7E2 - Drug and Alcohol Testing Program Acknowledgement Form

I, ____________________________________ , have received a copy, read and understand the Drug and Alcohol Testing Program policy of Janesville Consolidated School District  and its supporting documents.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use.

In addition, I have received a copy of the US DOT publication, “What employees Need to Know about DOT Drug and Alcohol Testing,” and have and understand its contents.

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

I further understand that drug and alcohol testing records and information about me are confidential, and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.

 

 

_______________________________________             _____________
 (Signature of Employee)                                                                          (Date)

 

 

Approved:    12/11/96            
Reviewed   10/18/21      
Revised 10/20/20

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:45

403.7E3 - Drug and Alcohol Program and Pre-Employment Testing Written Consent to Share Information

403.7E3 - Drug and Alcohol Program and Pre-Employment Testing Written Consent to Share Information

I _____________________, understand that as part of my employment in a position that requires a commercial driver’s license in the Janesville Consolidated School District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws.

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse.

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations.

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

 

 

__________________________________                      ____________________________________
Signature of Employee                                                                            Date

 

 

Approved:    10/20/20                           
Reviewed  10/18/21                    
Revised __________________

 

dawn.gibson.cm… Tue, 12/05/2023 - 11:47