The Bennett Community 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 school district will provide the standard examination form to be completed by an examiner on the list of approved examiners as provided by the state.   The cost of bus driver renewal physicals will be paid in full by the school district.

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        Employees’ Health and Well-Being

Approved:  11-10-03            
Reviewed:  9-12-22              
Revised:  9-16-13, 2-12-18

 

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

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

It shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four (24) hours of the occurrence.  It shall be the responsibility of the employee’s immediate supervisor to file an accident report within twenty-four (24) hours after the employee reported the injury.

It shall be the responsibility of the employee to file any claims, such as workers’ compensation, through the board secretary.

 

 

Legal Reference:  Iowa Code §613.17 (1991)
                                      1972 Op. Att’y Gen. 177.

Cross Reference:  403        General Personnel Health and Well-Being
                                      406.5    Licensed Personnel Group Insurance Benefits
                                      409.4    Licensed Personnel Illness/Disability Leave
                                      412.3    Support Personnel Group Insurance Benefits
                                      414.3    Support Personnel Illness/Disability Leave

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised:             

 

School district personnel with a communicable disease will be allowed to perform their customary employment duties as long as they are able to perform the tasks assigned to them and as long as their presence does not create a substantial risk of illness transmission to the student or other personnel.  The term “communicable disease” shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by the State Department of Health.

The health risk to immuno-depressed school district personnel shall be determined by their personal physician.  The health risk to others in the school environment from the presence of employees with a communicable disease shall be determined on a case-by-case basis by public health officials.

Since there may be greater risks of transmission of a communicable disease for some persons with certain conditions than for other persons infected with the same disease, these special conditions, the risk of transmission of the disease, the effect upon the educational program, the effect upon the person and other factors deemed relevant by public health officials or the superintendent shall be considered in assessing school district personnel’s continued presence and performance of their employment responsibilities.  The superintendent may require medical evidence that school district personnel with a communicable disease are able to perform their assigned duties.

A school district employee shall notify the superintendent or the school nurse when the employee learns the employee has a communicable disease.  It shall be the responsibility of the superintendent, when the superintendent has knowledge that a communicable disease is present, to notify the State Department of Health.  Rumor and hearsay shall be insufficient evidence for the superintendent to act.

Health data of an employee is confidential and it shall not be disseminated.

It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with school district personnel with a communicable disease.

 

 

Legal Reference:  Board of Education of Nassau County v Arline, 107 S.Ct. 1123 (1989)
                                      29 U.S.C. §701 et seq. (1988).
                                      42 U.S.C. §12101 et seq. (Supp. 1990).
                                      45 C.F.R. Pt. 84.3
                                      Iowa Code Chapter 139 (1991).
                                      641 Iowa Admin. Code 1.2-.5, .7
                                      281 Iowa Admin. Code 22.15-.17

Cross Reference:  209        Committees of the Board of Directors
                                      403.1    General Personnel Physical Examinations
                                      507.3    Communicable Diseases – Students

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised:             

 

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 school district employee shall review this information about hazardous substances annually.  Further, when a new school district employee is hired, the information and training, if necessary, shall be included in the orientation of the employee.  When an additional hazardous substance enters the workplace, information about it shall be distributed and training shall be conducted for the appropriate employees.  The superintendent shall maintain a file indicating when training and informing takes place.

School district personnel 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.  School district personnel are required to disseminate the information when the materials are used in the instructional program.

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program.  The superintendent shall report annually to the board about the program.

 

 

Legal Reference:  29 C.F.R.1910, 1200 et seq
                                      Iowa Code Chapters 88 and 89B (1991)
                                      547 Iowa Admin. Code 110

Cross Reference:  403        General Personnel Health and Well-Being
                                      802        Maintenance, Operation, Management

Approved:  3-31-92              
Reviewed:  9-09-19              
Revised:             

 

School district buildings and grounds, including but not limited to school-sponsored events, shall be off limits for smoking and use of other tobacco products.  School district personnel who do smoke or use other tobacco products may do so only during their lunch, break or preparation periods off school grounds.  School district personnel who violate this policy may be subject to disciplinary action.

It shall be the responsibility of all school district personnel to enforce this policy.  School-owned vehicles are off limits for smoking and use of other tobacco products.

 

 

Legal Reference:  Iowa Code Chapter 948A and 297, §279.9 (1991)

Cross Reference:  403          General Personnel Health and Well-Being
                                      502.9      Smoking – Drinking – Drugs
                                      1006.4    Smoke Free Environment

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised:  7-14-95, 8-09-99, 9-17-07

 

The board recognizes the contribution of good health to the performance and well-being of the employee and the school district.  The board supports and encourages a wellness program.

It shall be the responsibility of the superintendent/designee, in conjunction with the school nurse, to develop, oversee, and maintain a wellness program.

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Cross Reference:  403        General Personnel Health and Well-Being

Approved:  3-31-92              
Reviewed:  9-09-19              
Revised:  7-14-95

 

Sexual harassment will not be tolerated in the school district by the board in matters over which it has jurisdiction.  Sexual harassment by board members, administrators, licensed and support personnel, students, vendors, and any others having business or other contact with the school district is prohibited.  Persons found in violation of this policy will be subject to discipline, including, but not limited to reprimand, probation, demotion, suspension, or termination, or other sanction as determined appropriate by the board.

The definition of sexual harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favors, or 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 a person’s employment or educational development; or,
• submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or,
• such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

Any member of the school community who believes that he or she has been subjected to sexual harassment shall report the incident(s) to the Affirmative Action Coordinator, who shall be the grievance officer for sexual harassment complaints.  In the event that the grievance officer becomes a party to a sexual harassment complaint, a designated alternate grievance officer shall assume this responsibility.

The grievance officer receiving the complaints shall attempt to resolve the problem in an informal manner through the following interviewing process:

1. The grievance officer shall confer with the charging party in order to obtain a clear understanding of that party’s statement of the facts.
2. The grievance officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint.
3. The grievance officer may hold as many meetings with the parties as is necessary to gather facts.
4. On the basis of the grievance officer’s perception of the situation, he or she may:

(1)  Attempt to resolve the matter informally through conciliation.

(2)  Report the incident and transfer the record to the superintendent, and so notify the parties by certified mail.

After reviewing the record made before the grievance officer, the superintendent may attempt to gather any more evidence necessary to decide the case, and thereafter impose any sanctions deemed inappropriate, including a recommendation to the board for termination or expulsion.

All matters involving sexual harassment complaints shall remain confidential to the extent possible.

 

 

Legal Reference:  42 U.S.C. §2000e et seq.
                                      29 C.F.R. 1604.11.
                                      Iowa Code Chapter 601A (1991).
                                      240 Iowa Admin. Code 3.

Cross Reference:  401.2    Equal Employment Opportunity
                                      401.5    General Personnel Complaints
                                      404       General Personnel Conduct and Appearance

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised:             

 

The board is genuinely concerned about the instructional program for students, and as a result of that concern, wishes to express a real regard for each employee as a person and as a worker.  Should the job performance of any worker drop below expected standards for any reason, the concern of the board shall be noted.  This would be especially true in the case of chemical dependency.  The board recognizes chemical dependency as a health problem and believes dependency on any chemical is a treatable disease which, in most cases, can be arrested.  In view of this, and with the hope people so afflicted can return to a healthy and productive life, the following guidelines are presented.

1. Identification:  Early identification is of benefit to the employee, to the students, and to the school district.  Those responsible for identification should do whatever is necessary to document the problem and, when satisfied a chemical dependency problem exists, bring it to the attention of the employee involved.
2. Referral:  once the employer determines the need for requesting referral, the employee will be encouraged to seek professional assistance.  Participating in the corrective program is completely voluntary, and self-referral is considered the first positive step toward a good recovery program.

Referral for treatment will be based upon unsatisfactory job performance, performing duties while under the influence of a chemical, and/or other significant indications of chemical dependency.

 3.  It should be noted that the use of a chemical, as referred to in this policy, on school

       property is prohibited.

 4.  Should the employee

              a.           choose not to seek help,

              b.           not respond to treatment or fail to carry out the treatment plan,

              c.           continue to use a chemical while on duty,

              d.           continue to demonstrate poor job performance,

              e.           and/or not work cooperatively with others for the good of students and/or the

                             district, the case will be treated as any other employee discipline case.

 

 5.          In all cases, the safety and welfare of the students is paramount.

It is incumbent upon the administration to act responsibly in all cases dealing with chemical dependency.  It is important that the best interests of the employee and the students be protected.

It is also important that fellow employees become involved in procedures of identification, referral and follow-up.  It is imperative that fellow employees cooperate with the administration for the same reason -- the best interest of the employee and the students.

There are many behavioral problems and identification may or may not be an easy task.  However, there are some identifiable signs either occurring alone or in groups of two (2) or more.  Some of the signs to look for are as follows:

• Unauthorized absences from the job,
• Excessive sick leave,
• Monday, Friday absences,
• Repeated absences of two (2) to four (4) days or more,
• Repeated tardiness
• Not feeling well and leaving work early,
• Improbable excuses for absence and/or tardiness
• Away from the job during the day for short periods of time,
• Missing deadlines,
• Forgetting,
• Making bad decisions,
• Overreacting to real or imagined criticism,
• Continued complaints from co-workers and people in general,
• Avoiding association with fellow workers and people in general,
• Spasmodic work pattern, and
• Being critical of any type of supervision.

These patterns of behavior will vary from person to person, and in some cases will not indicate a chemical problem but possibly some other problem.  Also, the patterns listed above in no way exhaust the possible patterns which might occur.

In view of the above, and in view of the fact that chemical dependency is considered a health problem, the following steps should be taken in the identification of a problem and the recommendation of solutions.

1.  Observe.

2.  Document – Be specific.  Be positive.  Stick to facts which are observed.

3.  Confront.  Do not delay or beat around the bush.  Present facts.  Be consistent.  Insist upon improvement.   Follow through.

1. Set performance standards and document reactions of the employee.  Establish follow-up procedure with the employee.
2. Request the employee seek professional assistance.  Do not try to treat problems you know little about.  Recommend professional help centers if necessary.
3. If the situation does not change, then ultimatums must be issued; document the reactions of the employee.  Set the time-span within which corrections must take place and set the time for a follow-up conference with the employee.
4. If problems persist, consult the employee’s counselor, if there is one who is known to the administrator.
5. As a last resort, consider termination.
6. Throughout, observe as much confidentiality as possible.

Once the employee has returned to the job:

1. Both the employee and employer might feel apprehensive.
2. Expect improvement from previous conditions, be it immediate or slow.
3. Work toward an “out front” relationship, so as to not pass over poor performance because of sympathy; encourage and reinforce.
4. If old problems return, this does not necessarily mean failure.  Discuss the problems openly, act to get the problem resolved, and follow up to assure the employee seeks guidance again.  Encourage long-term supportive help.
5. Determine prospects for improvement:
   
   1. Is the employee following the prescribed treatment program?
   2. Are the actions which contributed to loss of job effectiveness no longer evident?
   3. Consult with the counselor if loss of effectiveness is still evident.
   4. Involve other staff members in follow-up procedures, perhaps one-on-one or with a peer helper group.
   5. If no cooperation on the part of the employee is evident, treat as any other case for termination.

 

 

Legal Reference:  Iowa Code §279.8 (1991).

Cross Reference:  403.6    General Personnel Wellness Program
                                      502.9    Smoking-Drinking-Drugs

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised:             

 

No employee engaged in work for the school district shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by federal or state law.

Workplace is defined as the site for the performance of work done in the capacity as school district employee.  That includes a school building or school premise; a school owned vehicle, school approved transportation, or a school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

Employees shall notify their supervisor of the employee’s conviction under any criminal drug statute for a violation occurring in the workplace as defined above, no later than five (5) days after such conviction.

Employees shall abide by the terms of this policy respecting a drug-free workplace.  An employee who violates the terms of this policy shall successfully participate in a drug abuse assistance or rehabilitation program approved by the board.  If the employee fails to successfully participate in such a program, the employee’s contract shall not be renewed or employment may be suspended or terminated, at the discretion of the board.

Sanctions against employees, including nonrenewal, suspension and termination shall be in accordance with prescribed school district administrative regulations and procedures.

The superintendent shall be responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent shall oversee the establishment of a drug-free awareness program to educate employees about the dangers of drug abuse and make them aware of available drug counseling programs.  This program may be used as one method to inform employees of the drug-free workplace policy and the penalties which may be imposed for its violation.

 

 

Legal Reference:  Drug Free Workplace Act of 1988, 41 U.S.C. §§701-707
                                       102 Stat. 4305-4308
                                       54 F.R. 4946 (1/31/89)
                                       Iowa Code Chapter 204, §279.8 (1991)

Cross Reference:  403.8    General Personnel Chemical Dependency
                                       403.6    General Personnel Wellness Program
                                       502.9    Smoking-Drinking-Drugs

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised:  7-14-95

 

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 ten 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 “employee” 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-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, Bookkeeper, at 890-2228.

It is the responsibility of the superintendent/designee to develop administrative regulations to implement this policy.  The superintendent/designee shall also inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment, in the application form and personally at the first interview with the applicant.

The superintendent/designee shall also be responsible for publication and dissemination of this policy and it supporting administrative regulations 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.

Employees who violate the terms of this policy will be subject to discipline up to and including termination.  Employees who violate this policy will be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program.  Employees required to participate in and who fail to or refuse to successfully participate in a substance evaluation or a recommended substance abuse treatment program will be subject to termination.  A second violation of this policy will result in termination.

This policy and the accompanying administrative regulations require the school district to designate a school district contact person for the drug and alcohol testing program.  The title of the person designated should be entered in paragraph two.  This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers.  If different persons will be doing these jobs, the policy and accompanying regulations must clearly explain which person handles which part of the drug and alcohol testing program.

Iowa law also requires the school district to provide substance abuse evaluation and treatment if recommended by the substance abuse professional with the costs apportioned according to the employee benefit plan.  If there is no benefit plan, then the school district must pay the costs of the evaluation and treatment, if any.  Employee shall utilize nearest qualified available facility.

The use of leave for the time the driver is off duty for evaluation by a substance abuse professional may be governed by the collective bargaining agreement language and/or past practice of the school district.  It is recommended school districts consult with their school attorney prior to making a decision regarding questions they may have about the collective bargaining agreement.

Under Iowa law, the school district must inform applicants/drivers of the requirement for drug and alcohol testing in any notice or advertisement soliciting applicants/drivers for employment, in the application form and personally at the first interview with the applicant/driver.

 

 

Legal Reference:  Omnibus Transportation Employee Testing Act of 1991
                                       42 U.S.C. §§12101 et seq (Supp. 1990)
                                       41 U.S.C. §§701-707 (1988)
                                       49 C.F.R. Pt. 40; 382; 391.81-123 (1994)
                                       34 C.F.R. Pt. 85 (1993)
                                       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; 730.5 (1993)

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

Approved:  12-11-95            
Reviewed:  9-12-22              
Revised:  8-09-99, 6-10-02