The Clarinda 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. All other employees shall present evidence of good health, in the form of a post-offer, pre-employment physical examination report. 

The cost of the initial examination will be paid by the employee. 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 District requests physicals be completed at Clarinda Regional Health Center or if the employee chooses a personal physician, the employee will be reimbursed up to a maximum amount of $75.00 per physical.

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

Initially Approved   03-12-2001                       
Last Reviewed   04-26-2023                             
Last Revision 04-26-2023

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

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision                              

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 primary care provider.  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 primary care provider.

Health data of an employee is confidential and it will not be disclosed to third parties.  Employee medical records are kept in a file separate from their personal file.

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

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

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

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                            
Last Revision    03-25-2020   

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 as required by the district.  When a new employee is hired or transferred to a new position or worksite, 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 professional learning. 

NOTE:  This policy reflects current law on employees' right to know about hazardous substances in the workplace.

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      Safety Program

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision    12-22-2021 

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, barbiturate, 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, also includes non-school 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: 404      Employee Conduct and Appearance

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                           
Last Revision 02-23-2004

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 Superintendent or the Transportation Coordinator, at the McKinley Administration Building located at 423 East Nodaway Street, Clarinda, IA  51632.

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_Testing_Program.aspx.

NOTE:  It is important for the school district to read this policy and its supporting documents and the notes very carefully.  This policy and its supporting documents assume the school district employs its drivers and owns the school vehicles rather than contracts with a private service provider with its own drug and alcohol testing program.  School districts contracting with a private service provider must ensure the provider has a drug and alcohol testing program complying with the federal regulations.

Compliance with the regulations is the responsibility of the school district even if the school district uses a service provider.  Boards need to determine who will be responsible for administering the drug and alcohol testing program in the second paragraph and make that determination throughout the policies and regulations.

This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDATP) have chosen to test only under the federal regulations and not to test under state law.

This policy and its supporting documents terminate a driver for violation of the policy and its supporting documents.  Such a violation includes a positive drug test result.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to making the following changes: 

School districts choosing to pay for OR to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

First sentence of paragraph two:  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.

School districts choosing to pay for the substance abuse evaluation and rehabilitation, if any:

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

School districts choosing to make the employee bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

This policy and the supporting documents require the school district to designate a school district contact person for the Drug and alcohol testing program.  The title of the person(s) 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 these responsibilities are divided among different persons, the policy and supporting documents must clearly explain which person handles which part of the drug and alcohol testing program.

Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at:  clearinghouse.fmcsa.dot.gov.

Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641. For regulations and forms,  http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm?

Note:  For more detailed discussion of this issue, see IASB's Policy Primer, May 15, 2003.

Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3^rd 405 Cir. (4^th 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
                                      409.2   Licensed Employee Personal Illness Leave
                                      414.2   Classified Employee Personal Illness Leave

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                              
Last Revision _07-08-2020 _

EMPLOYEE VACCINATION/TESTING FOR COVID-19

In an effort to comply with federal Occupational Safety and Health Administration requirements, the district is requiring all employees to become fully vaccinated against COVID-19, or in the alternative to produce weekly evidence of negative COVID-19 testing and utilize face coverings at work sites.

Vaccination

All employees are required to become fully vaccinated against COVID-19.   Full vaccination occurs when an employee has received both primary COVID-19 vaccination doses, or one single dose if the vaccine only requires one dose, and have waited two weeks following the last dose administered.  This requirement will become effective no later than December 6, 2021. Employees who have received full vaccination against COVID-19 must submit proof of vaccination no later than December 6, 2021.  Employees who have not received both (if a vaccine requires a 2-dose regimen) primary doses of a COVID-19 vaccine will be required to comply with the testing and face covering requirements of the section below.  Employees who have received both primary doses of the COVID-19 vaccine on or before December 6, 2021, but who have not yet passed the two-week waiting period for full vaccination efficacy are not required to comply with the testing and face covering requirements of the section below.

Face Coverings and Testing

Beginning December 6, 2021, employees who do not wish to obtain vaccination against COVID-19 must wear face coverings at all times while indoors, in a vehicle, or in another enclosed space as described in detail in procedure 403.7R1.  Beginning January 4, 2022, employees who are not fully vaccinated must also provide proof of negative COVID-19 test results every 7 days. 

Reasonable Accommodations

The vaccine requirement does not apply to employees for whom a vaccine is medically contraindicated; for whom medical necessity requires a delay in vaccination; or who are legally entitled to a reasonable accommodation due to a disability or sincerely held religious beliefs, practices or observances.  If an employee requires accommodation from any other part of the policy for medical or religious reasons, the employee may request one.  Qualifying employees will be expected to submit verification of one of these exemptions in order to receive an accommodation. 

Employees who fail to abide by the requirements of this policy may face disciplinary action up to and including termination.  It is the obligation of the Superintendent to establish appropriate procedures necessary to enforce this policy. 

NOTE:  This is a mandatory policy for districts which employ 100 or more employees, regardless of full time or part time status.  This should also include temporary employees such as substitute teachers.  For more information on this policy and supporting guidance, see IASB Policy Primer 30-2. 

Legal Reference:          29 C.F.R Part 1910.501

                                    42 U.S.C. 12101

                                    42 U.S.C. 2000e

                                    34 C.F.R. pt. 100

                                    34 C.F.R. pt. 104

                                    Iowa Code ch. 216

Cross Reference:          403.3 Communicable Diseases

Initially Approved: 01-12-2022
Reviewed:
Revised:

This policy was suspended at the January 12, 2022 Board meeting.

RELIGIOUS ACCOMMODATION REQUEST FORM

(1) Please identify the policy requirement or practice that conflicts with your sincerely held religious observance, practice or belief:

(2) Please describe the nature of your sincerely held religious beliefs or religious practice or observance that conflict with the policy or practice you have identified above:

(3) What are you requesting accommodation from?

___________________________________  ________________________________

Employee Signature Date

Office Use

This request has been:

______________________________  ________________________________

Approved Denied

_________________________________________  ______________________________

Administrator Date

This policy was suspended at the January 12, 2022 Board meeting.

Code No.  403.7E1

EMPLOYEE PERSONAL ATTESTATION OF VACCINATION STATUS

I, ____________________ as an employee of the District do personally attest to the following:

1. My vaccination status for COVID-19 is ________________ [fully vaccinated or partially vaccinated].

2. To the best of my recollection, I can provide the following information about my vaccination status:  ___________________________ [type of vaccine administered, date(s) of administration, name of health care providers and clinic site]

3. I have lost proof of my vaccination status and am otherwise unable to provide proof of my vaccination status.

4. I declare that this statement about my vaccination status is true and accurate.  I understand that knowingly providing false information regarding my vaccination status on this form may subject me to criminal penalties. 

___________________________________                                 ________________________

Employee                                                                                                              Date

This policy was suspended at the January 12, 2022 Board meeting.

MEDICAL ACCOMMODATION REQUEST FORM

(1) What is the basis for the medical accommodation that you are requesting?

(2) What are you requesting accommodation from?

___________________________________  ________________________________

Employee Signature Date

Office Use

This request has been:

______________________________  ________________________________

Approved Denied

_________________________________________  ______________________________

Administrator Date

This policy was suspended at the January 12, 2022 Board meeting.

RELIGIOUS ACCOMMODATION REQUEST FORM

(1) Please identify the policy requirement or practice that conflicts with your sincerely held religious observance, practice or belief:

(2) Please describe the nature of your sincerely held religious beliefs or religious practice or observance that conflict with the policy or practice you have identified above:

(3) What are you requesting an accommodation from?

___________________________________  ________________________________

Employee Signature Date
Office Use

This request has been:

______________________________  ________________________________

Approved Denied

_________________________________________  ______________________________

Administrator Date

This policy was suspended at the January 12, 2022 Board meeting.

EMPLOYEE VACCINATION/TESTING FOR COVID-19 REGULATION

Acceptable Proof of Vaccination Status

To satisfy the vaccination requirement within this policy, employees must submit to the Superintendent or Superintendent’s designee acceptable proof of vaccination status no later than December 6, 2021.  Acceptable proof of vaccination status includes:

1. Immunization records from a healthcare provider or pharmacy;
2. A copy of a COVID-19 Vaccination Record Card;
3. A copy of medical records documenting immunization;
4. A copy of immunization records from a public health, state or tribal immunization information system;
5. Any other official documentation that contains the type of vaccine administered, dates of administration, and the name of the administering health provider or clinic;
6. If any other records are unavailable a signed and dated personal attestation statement.

Any employee who fails to provide acceptable proof of vaccination status may face disciplinary action up to and including termination.

 Record Keeping
The district is required by law to keep a roster of the vaccination status of all employees. 

Any records showing proof of employee vaccination status the district maintained prior to November 5, 2021 will be considered sufficient proof of the employee’s vaccination status.

Any records related to an employee’s vaccination status, including the employee vaccination status roster, will be considered confidential employee medical records not subject to public disclosure and stored as employee medical records consistent with law.  These records will be maintained by the district for as long as 29 C.F.R. 1910.501 remains in effect.

Testing
Beginning January 4, 2022, employees who are not fully vaccinated must submit proof of negative COVID-19 test results every 7 days.  Documentation of negative test results must be provided to the district no later than every 7 days.  Employees who are not fully vaccinated and do not report to work for longer than 7 days (ex. an employee on vacation or on leave) must provide documentation of a negative test result upon their return to work.  If the employee fails to provide proof of a negative test result, the district must keep the employee removed from the workplace until the negative test result documentation is provided.

Employees who receive a positive COVID-19 test result or have been diagnosed with COVID-19 by a licensed healthcare provider; are not required to produce another test result for 90 days from the date of their positive result. 

Positive Test Results
Regardless of vaccination status, employees must report any positive COVID-19 test results or a diagnosis of COVID-19 by a licensed healthcare provider to the district.  Any employee so reporting will be immediately removed from the workplace and will stay removed from the workplace until any of the following occur:

• The employee receives a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test if the employees chooses to seek the confirmatory test
• The employee meets the return to work criteria in the CDC’s “Isolation Guidance” listed here: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
• The employee receives a recommendation to return to work from a licensed healthcare provider.

New Employees
New employees will be subject to the provisions of this policy upon hire as soon as practicable.  Within 7 days of hire, new employees will provide proof of their vaccination status to the district in accordance with the requirements of this policy.  Unless fully vaccinated, new employees will abide by the testing and face covering requirements of this policy within 7 days of hire. 

Leave
As required by 29 C.F.R. 1910.501, the district will provide up to 4 hours of paid leave to cover the time required to travel to and obtain each dose of the primary vaccination for COVID-19.  If additional time is required, the employee may use other accrued leave available.  The district will also provide reasonable paid sick leave to employees to recover from any effects of each primary dose of COVID-19 vaccine.  The district may require employees to use previously accrued paid sick leave first.

Employees Excluded
Employees who work fully remote from the job site; employees working from home; and employees who work exclusively outdoors are excluded from the vaccination, testing and face covering requirements of this policy.  Employees fully remote from the job site does not include employees whose work requires them to work off site from the district but in the presence of students or employees of the district.  Employees who work exclusively outdoors means those individuals who do not spend any part of their work time indoors. 

Face Coverings
Beginning December 5, 2021, face coverings must be worn by all employees who have not provided proof of full vaccination status to the district.  Face coverings will be worn when employees are working indoors, in vehicles or other enclosed spaces.  Face coverings are not required to be worn when employees are: working alone in a room with floor to ceiling walls and a closed door; verifying identity for security purposes or eating/drinking; when an employee is wearing a respirator or facemask; or where the district can show that the use of a face covering is infeasible or creates a greater hazard.  The face covering must fully cover the employee’s nose and mouth; and be replaced when wet, soiled or damaged.

Reporting Requirements of the District
The district will report to OSHA: 

• Each work-related COVID-19 fatality within 8 hours of the employer learning about the fatality;
• Each work-related COVID-19 inpatient hospitalization within 24 hours of the employer learning about the inpatient hospitalization.

The district will report to individual employees or anyone having written authorized consent of the employee by the end of the next business day after the request is made:

• Documentation of any COVID-19 test results for that employee;
• The aggregate number of fully vaccinated employees at a workplace along with the total number of employees at that workplace.

The district will provide to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or their designee:

• A copy of this policy, and the aggregate number of fully vaccinated employees at a workplace along with the total number of employees at that workplace, to be provided within 4 business hours of the request being made; and
• All other records and supporting documents related to this policy by the end of the next business day of the request being made.

This policy was suspended at the January 12, 2022 Board meeting.

REQUIRED NOTICES TO EMPLOYEES

For additional information on COVID-19 vaccine efficacy, safety, and the benefits of being vaccinated, please consult the following document “Key Things to Know About COVID-19 Vaccines” https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html

29 C.F.R. 1904.34(b)(1)(iv) prohibits the employer from discharging or in any manner discriminating against an employee for reporting a work-related injury or illness.

11(c) of the Occupational Safety and Health Act prohibits the employer from discriminating against an employee for exercising rights under, or as a result of actions that are required by, this policy.  11(c) also protects employees from retaliation by the employer for filing an occupational safety or health complaint, reporting a work-related injury or illness, or otherwise exercising any rights provided by the OSH Act. 

18 U.S.C. 1001 and section 17(g) of the OSH Act provide for criminal penalties associated with knowingly supplying false statements or documentation in accordance with this policy. 

This policy was suspended at the January 12, 2022 Board meeting.