4011 - Bloodborne Pathogen Compliance Plan
Adoption Date: 08/17/2015
Revision History: Reviewed 12/14/2020
A. Procedures for Control of Communicable Diseases:
The School District shall cooperate with county and state health departments in developing procedures for the control of communicable disease in School District programs and activities. Procedures shall conform to the regulations for communicable disease control set up by the state health department. The Superintendent or designee shall establish an exposure control plan in accordance with OSHA’s “Occupational Exposure to Blood-Borne Pathogens” Standard.
B. Employees:
1. Contagious and Infectious Diseases:
When an employee has a contagious or infectious disease which is in a communicable stage or presents more than a minimal risk of transmission to others, the employee should not report to work and is expected to follow the absence reporting procedures. Employees should in general follow the same guidelines for absence from work as a student is to follow under the guidelines of the Contagious and Infectious Disease Chart of the Nebraska Department of Health and Human Services regulations pertaining to school health and communicable disease control. Prior to returning to work, employees shall upon request submit a physician’s written statement stating that the employee is able to return to work and does not pose a significant risk of transmission of the disease to others.
In general, a district employee with a communicable condition will be allowed to work only after securing a physician's written statement indicating that the disease is not in a communicable stage. The school reserves the right to secure an independent second opinion if such is deemed necessary.
2. Bloodborne Pathogen Communicable Diseases:
Communicable diseases subject to this part include diseases spread via bloodborne pathogens, including Human immunodeficiency virus (HIV) (including AIDS) and Hepatitis B (only carriers are of concern). An employee with a communicable disease, or an applicant for employment, shall be employed or be continued in employment without consideration of the communicable disease provided the employee or applicant is able to perform the essential functions of the position with such reasonable accommodations as may be necessary and provided the communicable disease does not pose an imminent threat to the health or the safety of others within the employee’s work environment. Employees who have a communicable disease are expected to conduct themselves in such a manner as to not place others at risk and, in the event reasonable accommodation is necessary to avoid such risk, to make a confidential request for such accommodation.
Employees' Communicable Conditions:
1. Any employee who contracts a communicable condition should report the same to the Chief Human Resources Officer who should, in turn, report to the Superintendent in a confidential manner. The Chief Human Resources Officer shall then consult with the employee and appropriate medical personnel to evaluate the medical and psychological condition of the employee. The Chief Human Resources Officer shall recommend reasonable accommodations so that the employee may continue in employment as long as the employee is physically able to do so.
2. The privacy of the employee must be protected, and knowledge that an employee has a communicable condition should be confined to persons with a direct need to know. If it becomes necessary to inform others, these persons will be provided with information concerning necessary precautions and will be made aware of confidentiality requirements.
3. Employees who present a high risk of disease transmission will be temporarily excluded from work after consultation with appropriate medical authorities.
C. General Provisions:
1. No Discrimination or Harassment:
No employee shall be unlawfully discriminated against or subjected to harassment on the basis of having a communicable disease.
2. Privacy:
Every employee has a duty to treat as highly confidential any knowledge or speculation concerning the bloodborne pathogen status of an employee. Violation of medical privacy may be cause for disciplinary action against the employee, including possible termination.
No information regarding a person’s bloodborne pathogen status will be divulged to any individual or organization other than School District employees or agents who have a need to know of the circumstance, appropriate officials of the school in which the employee is assigned, and emergency medical personnel with a need to know, without a court order or a signed and dated consent of the person with the bloodborne pathogen infection (or the parent or guardian of a minor).
3. Records:
All health records, notes, and other documents that reference an employee’s bloodborne pathogen status or occupational exposure will be maintained in a separate confidential medical file for the employee. Records of occupational exposure shall be maintained for at least the duration of employment plus 30 years in accordance with OSHA standards.
All health records, notes, and other documents that reference an employee’s bloodborne pathogen status will be maintained in a separate confidential medical file for the employee.
4. Infection Control:
All employees are required to consistently follow infection control guidelines. Employees are required to follow the exposure control plan of The School District established in accordance with OSHA’s “Occupational Exposure to Blood-Borne Pathogens” Standard. The use of universal precautions is mandated and work practice controls to minimize or prevent potential exposure are to be implemented. Any incident of exposure to blood shall be reported, evaluated, and follow-up completed and shall be shared only to the extent required to accomplish legitimate educational goals and to comply with employees’ right to know requirements. Equipment and supplies needed to apply the infection control guidelines will be maintained and kept accessible.
5. Staff Development:
The Superintendent or designee will make communicable disease and bloodborne pathogen education programs available to employees as appropriate to convey guidance on infection control procedures and inform employees about School District policies.
Legal Reference:
173 NAC 3 (HHS Control of Communicable Disease regulation) 20-167 and 20-168 (HIV/AIDs statutes)
Neb. Rev. Stat. 79-264 (student emergency exclusion)
29 CFR 1910.1030 (OSHA Bloodborne Pathogens regulation)
ADA-42 U.S.C. 12101 et seq.; 28 CFR 35.101 et seq.
Rehabilitation Act of 1973, Section 504--29 U.S.C. 791, et seq.; 34 CFR 104, et seq.
Nebraska Fair Employment Practices Act--48-1101 to 48-1126
20 U.S.C. 1232g (FERPA)