CITY OF LODI
ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
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SUBJECT: : INFECTIOUS AND COMMUNICABLE
DISEASES
- Policy
DATE ISSUED: : May 1, 1995
SECTION: : I
REFERENCE:: Health
and Safety Code Sections 199.2 et. seq.; California Occupational
Safety and Health Act, Labor Code Sections 6300 et. seq.
SECTION 1: PURPOSE
The
purpose of this policy is to provide guidance in the understanding of and
guidelines in working with person who may be or are infected with an infectious
or communicable disease.
SECTION 2: POLICY
STATEMENT
The
City of Lodi does not discriminate in its employment policies and practices
solely on the basis of exposure to infectious or communicable diseases, or the
physical conditions produced by such a disease.
The City is committed to a course of action which will prevent the
spread of infectious diseases, and reduce fears and dispel myths about such
diseases. This policy is intended to
balance the interests of persons suffering from such diseases with the
interests of the City in protecting its employees from any dangers associated
with those diseases. The City Manager
has authority to adopt any necessary regulations which are consistent with this
policy, and to use them to determine, on a case-by-case basis, whether persons
infected with such diseases should be isolated or excluded.
SECTION 3: INFECTIOUS
OR COMMUNICABLE DISEASES
Infectious
or communicable diseases include but are not limited to HIV (the virus which
causes AIDS), ARC (AIDS Related Condition), AIDS (Acquired Immune Deficiency
Syndrome), tuberculosis (TB), Cytomegalovirus (CMV), Herpes Simplex virus (HSV
Type I and Type II), HSV related diseases such as chicken pox, shingles,
infectious mononucleosis, and Hepatitis-B.
SECTION 4: REASONABLE
ACCOMMODATION
Employees
with AIDS, AIDS Related Complex, or a positive HTLV-III antibody test shall be
afforded normal attendance, and working conditions, and participation in an
unrestricted manner as long as they are physically and psychologically able to
do so.
The
City shall provide reasonable accommodation to employees with infectious
diseases, including AIDS and related illnesses, in a manner consistent with
those provided for other medical problems.
SECTION 5: CONFIDENTIALITY
Except
for legally required reporting, confidentiality of all medical conditions shall
be maintained. The number of persons who will be informed of the employee's
condition shall be kept at the minimum needed to assure proper care of the
employee, and to detect situations where the potential for transmission may
increase.
The
Personnel Director, the employee's department head and immediate supervisor
shall be informed of an employee's condition.
These persons shall be provided with appropriate information concerning
any precautions which are necessary to ensure the safety of the employee, and
others. They shall be specifically
cautioned regarding the employee's right to privacy and confidentiality.
SECTION 6: EMPLOYEES
WITH INFECTIOUS OR
COMMUNICABLE
DISEASES
In
all cases of medical absence due to a communicable disease, or its potential,
the affected employee shall notify the Department Head immediately of such
condition, and shall be required to provide medical evidence of employability
before returning to work.
If
the City received notice that an employee is suffering from an infectious or
communicable disease, it shall make decisions regarding the employee’s
continued employment based on the behavior, neurological development and
physical conditions of the employee, and the health and safety of other persons
with whom the employee will interact.
All
employees of the City must be physically and mentally able to perform the duties and responsibilities of
their positions, and must be free of any condition or disease which may be
detrimental to the health and/or safety of fellow employees and members of the
public as determined by the City.
Each
instance of an employee suffering from an infectious or communicable disease
shall be considered on a case-by-case basis.
The department head where the employee is assigned, in conjunction with
the [Personnel Department/City Manager] shall decide whether the employee is
free of transmissible infection and does not pose a risk to the public or other
employees, in consultation, as necessary, with public health personnel, the
employee’s physician and the employee.
SECTION 7: EMPLOYEE
RESPONSIBILITIES
Employees
shall exercise the procedures consistent with their respective departmental
plan in accordance with the City policy on Injury and Illness Prevention for
the purpose of the prevention and control of infectious and communicable
diseases.
If
an employee has concerns about the presence of a person with AIDS virus, or any
other infectious disease, that individual should be directed to a knowledgeable
counselor or manager to help allay fears.
Referral should be made to appropriate community agencies for those
persons with continuing fears or concerns about the disease.
All
managers/supervisors are to schedule staff development workshops for all
employees to disseminate information and answer questions about AIDS.