403 - Employees' Health and Well-Being

403 - Employees' Health and Well-Being dawn.gibson.cm… Wed, 06/23/2021 - 07:20

403.1 - Employee Physical Examinations

403.1 - Employee Physical Examinations

The Forest City School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.

The cost of the initial examination will be paid by the school district. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers.

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

 

 

Legal Reference:
29 C.F.R. § 1910.1030.
49 C.F.R. §§ 391.41 - 391.49.
Iowa Code §§ 20; 279.8; 321.376.
281 I.A.C. 43.15; 43.17.

Cross Reference:
403.3 Communicable Diseases - Employees
403.3R1 Communicable Diseases - Employees Regulation
403.3E1 Communicable Diseases - Employees- Hepatitis B Vaccine Information and Record

Approved: 4-14-86
Reviewed: 11-14-22
Revised:
11-14-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:23

403.2 - Employee Injury on the Job

403.2 - Employee Injury on the Job

When an employee becomes seriously injured on the job, the employee's supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee's supervisor 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 is 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 board secretary to file worker's comp claims.

 

 

Legal Reference:
Iowa Code §§ 85; 279.40; 613.17.

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

Approved: _6-14-21
Reviewed: 11-14-22
Revised: _____

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:24

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 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.

If exposure of contraction of the communicable disease is proven via contact tracing by qualified district personnel to have occurred as a direct result of an employee's work duties and the employee is unable to work due to being ill or in required quarantine, administrative paid leave will be used rather than personal illness leave.

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.

Cross Reference:
401.5 Employee Records
403.1 Employee Physical Examinations
507.3 Communicable Diseases - Students
907 District Operations During Public Emergencies
907.R1 District Operations During Public Emergencies Regulation

Approved: 4-10-89  
Reviewed: 11-14-22
Revised:
11-14-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:26

403.3R1 - Communicable Diseases - Employees

403.3R1 - Communicable Diseases - Employees

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: 9-5-08
Reviewed: 11-14-22
Revised: 11-14-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:27

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 is distributed to all employees, and training is conducted for the appropriate employees. The superintendent will 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 will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.

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

 

 

Legal Reference:
29 C.F.R. Pt. 1910; 1200 et seq.
Iowa Code chs. 88; 89B.

Cross Reference:
403 Employees' Health and Well-Being
804.4 Asbestos Containing Material

Approved: 6-14-21
Reviewed: 11-14-22
Revised: 11-14-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:31

403.5 - Substance-Free Workplace

403.5 - Substance-Free Workplace

The board expects the school district and its employees to remain substance free. No employee will 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 vehicle. A "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 will 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. §§ 81.
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 85.
Iowa Code §§ 123.46; 124; 279.8.

Cross Reference:

403.06    Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
403.6FC Drug and Alcohol Testing Program for Employees Not Requested to Possess a CDL
404 Employee Conduct and Appearance
404-R1    Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2    Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

Approved: 6-14-82
Reviewed: 12-12-22
Revised:
12-12-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:32

403.5E1 - Substance-Free Workplace Notice to Employees

403.5E1 - 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 124.

"Workplace" is defined as the site for the performance of work done in the capacity as an 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 is 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… Wed, 06/23/2021 - 07:33

403.5R1 - Substance-Free Workplace Regulation

403.5R1 - Substance-Free Workplace Regulation

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

1. Identification - the superintendent will 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 will 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.

Legal Reference:
41 U.S.C. §§ 81.
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 85.
Iowa Code §§ 123.46; 124; 279.8.

403.06    Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
403.6FC Drug and Alcohol Testing Program for Employees Not Requested to Possess a CDL
404 Employee Conduct and Appearance
404-R1    Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2    Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

 

Approved: 9-19-89
Reviewed: 12-12-22
Revised: 12-12-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:35

403.6 - Drug and Alcohol Testing Program

403.6 - 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 and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are 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, the Transportation Director at the Bus Barn.

Employees who violate the terms of this policy are subject to discipline, up to and, including termination. The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years. Employees are put on notice that information related to drug or 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 will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles. The superintendent will 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.

IASB Drug and Alcohol Testing Program (IDATP) Web site:
https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testin….

 

 

Legal Reference:
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
49 U.S.C. §§ 5331 et seq.
42 U.S.C. §§ 12101.
41 U.S.C. §§ 81.
49 C.F.R. Pt. 40; 382; 39.
34 C.F.R. Pt. 85.
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5.

Cross Reference:
403.5 Substance-Free Workplace Policies
403.05-R1 Substance-Free Workplace - Regulation
403.05-E1 Substance-Free Workplace - Notice to Employees
409.2 Employee Leaves of Absence

Approved: 12-18-95
Reviewed: 12-12-22
Revised:
12-12-22

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:35

403.6E1 - Drug and Alcohol Testing Program Notice to Employees

403.6E1 - 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, post-accident, return-to-duty, and follow-up 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 includes 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 FURTHER NOTIFIED that 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.

 

dawn.gibson.cm… Wed, 06/23/2021 - 07:38

403.6FC Drug and Alcohol Testing Program for Employees not Required to Possess a CDL

403.6FC Drug and Alcohol Testing Program for Employees not Required to Possess a CDL

A. Statement of Policy
It is the policy of the Forest City Community School District that the following employee conduct is prohibited: (1) the use, sale, offering for sale, or possession of illegal drugs, controlled substances, imitation controlled substances, or counterfeit controlled substances, on the job, on the District’s premises, or in District vehicles; (2) any improper use of “legal” or physician-prescribed drugs on the job, on the District’s premises, or in District vehicles (whether or not the employee is “on duty”); (3) the use, sale, offering for sale, or possession of alcoholic beverages (beer, wine, or spirits) on the job, on the District’s premises, or in District vehicles, whether or not the employee is “on duty”; and (4) being under the influence of illegal drugs or controlled substances, alcohol (beer, wine, or spirits) or improperly used prescription drugs on the job, on the District’s premises, or in District vehicles, whether or not the employee is “on duty”.

B. Application
The District reserves the right to conduct alcohol and drug testing for employees that are NOT required to possess a Commercial Driver’s License (Non-DOT employees) under any of the following circumstances:
Pre-Employment Testing - When a position warrants a pre-employment drug test, testing will occur after the District makes a conditional offer of employment but prior to the prospective employee’s first day of work. 
Reasonable Suspicion Testing - Where there is evidence that an employee may be impaired on the job due to the use of illegal drugs, controlled substances, prescription drugs, or alcohol. 

C. Definitions
As used in this policy, the term “controlled substance” or “drug” for purposes of this policy means any substance specified in Schedule I, II, III, IV, or V of the federal Controlled Substances Act, 21 U.S.C. 801 et. seq. and published at 21 CFR 1308.11 and 21 CFR 1308.12, and any substance defined as a “controlled substance” by state law.

“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol.  The term “alcohol” includes, but is not limited to, beer, wine, liquor, spirits, other alcoholic beverages, and medicines containing alcohol.

D. Pre-Employment Testing
All employees who have been offered a contracted position (non-substitutes) will be required to pass a drug test after they have been extended a conditional offer of employment with the District.

Prospective employees who refuse to take the required drug test, who fail to cooperate in any aspect of the testing procedure, or who test positive for any of the designated drugs will be ineligible for District employment for a minimum of two years.

E. Reasonable Suspicion Testing
Any employee who is reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol (that is, having a controlled substance or alcohol in the body) while “on the clock,” performing their job duties, or using District equipment, shall be either suspended from their job duties pending an investigation and verification of their condition or, if drug testing facilities are not available, ordered to immediately discontinue all work activities and leave the District’s premises.  Employees who are reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol will not be permitted to drive a motor vehicle after they have been suspended.  If the employee has driven a motor vehicle to work, the employee must either make arrangements with another individual to drive their vehicle or must make arrangements for alternative transportation.  In certain circumstances, the Police Department may be called to assist.

Employees may be subject to testing when there is reason to believe that an employee is using or has used alcohol or other drugs in violation of the District’s written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.  For purposes of this provision, facts and inferences may be based upon, but are not limited to, any of the following:

Observable indicators while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use. 
Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 
A report of alcohol or other drug use provided by a reliable and credible source. 
Evidence that an individual has tampered with any drug or alcohol test during or before the individual’s work time. 
Evidence that the employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on District’s premises or while operating the District’s vehicle, machinery, or equipment.

Reasonable suspicion testing will only be applicable during, just before, or just after the period of the day when the employee is engaged in work functions.  Employees who are required to submit to reasonable suspicion testing will be suspended from their job duties pending an investigation and the report of the tests.  If the test of the employee results in an alcohol concentration of less than .04 and a Medical Review Officer (MRO) verified negative test for the use of controlled substances, then the period of suspension will be with pay.  If the test of the employee results in an alcohol concentration of more than .04 or a MRO-verified positive test for the use of controlled substances, then the period of suspension will be without pay.

F.  Post-Injury Testing
Employees may be subject to testing if they have suffered a work-related injury for which a report could be required under Iowa Code Chapter 85.  Iowa Code Section 85.16(2) provides that worker’s compensation benefits will not be allowed for an injury which was caused by the employee’s intoxication, if the intoxication was a substantial factor in causing the injury.  In determining whether an employee will be required to submit to a post-injury alcohol or drug test, the District will apply the standards set forth in Part E of this policy.

The employee is permitted to obtain necessary medical attention following an accident and is permitted to leave the scene of an accident for the period necessary to obtain necessary emergency medical care. But the employee will be subject to post-injury testing and must remain readily available for testing, or the employee will be deemed to have refused to submit to testing.  Tests will be administered as soon as practicable.

G. Employee Requested Testing
If a confirmed positive drug or alcohol test for a current employee is reported to the District by the medical review officer, the District shall notify the employee in writing by mail of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee’s choice, and the fee payable by the employee to the District for reimbursement of expenses concerning the test. The fee charged an employee shall be an amount that represents the costs associated with conducting the second confirmatory test, which shall be consistent with the District’s cost for conducting the initial confirmatory test on an employee’s sample.  

If the employee, in person or by certified mail, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays the District the fee for the test within seven days from the date the District mails the written notice to the employee of the employee’s right to request a test, a second confirmatory test shall be conducted at the laboratory chosen by the employee. The results of the second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory test results and the medical review officer shall review the results and issue a report to the District on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of a specific drug or alcohol.  If the results of the second test do not confirm the results of the initial confirmatory test, the District shall reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test shall not be considered a confirmed positive drug or alcohol test for purposes of taking disciplinary action.

If a confirmed positive drug or alcohol test for a prospective employee is reported to the District by the medical review officer, the District shall notify the prospective employee in writing of the results of the test, of the name and address of the medical review officer who made the report, and of the opportunity for the prospective employee to request records.

H. Confirmatory Testing  
If the result of the initial test is an alcohol concentration of .04 or greater or if the result of the initial test is positive for the presence of a controlled substance, a confirmatory test must be performed.  The confirmatory drug or alcohol test shall be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method. 

I. Cooperation Required
Any employee who refuses to submit to an alcohol or controlled substance test required by this policy (other than for a legitimate medical reason, verified independently at employee’s expense); who provides false information in connection with a test; or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, will be subject to disciplinary action up to and including termination.

The phrase “refuses to submit to an alcohol or controlled substance test” means that the individual: 
Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, or
Fails to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for urine testing, or
Engages in conduct that interferes with the testing process.

Testing shall be conducted in a manner to assure the highest degree of accuracy and reliability by using techniques and laboratory facilities which meet the requirements of the Iowa Department of Human Services.

J. Consequences for Violations
If an applicant’s required pre-employment drug test results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater, the applicant will not be eligible for employment.

Disciplinary action, including termination of employment, may be taken against existing employees for any of the following reasons:
A violation of any provision of District Policy.
If the test of the employee results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater
A failure or refusal to submit to testing required by this policy.

K. Payment for Evaluation and Treatment
The District’s responsibility for the cost of any evaluation, treatment, or counseling will be limited to the benefits provided by the District’s health insurance plan for such evaluation, treatment, or counseling.

L. Record Retention
All records created under this policy, including records of individual employee drug test results, will be retained in accordance with state and federal law.  Drug test results will be maintained in a confidential file, separate from the employee’s personnel file.

Cross Reference:403.5 Substance-Free Workplace
403.06    Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
404 Employee Conduct and Appearance
404-R1    Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2    Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
 

Approved: 10-11-21 Reviewed: 12-12-22 Revised: 12-12-22
 

kheidemann@for… Mon, 10/11/2021 - 09:50