403 Employee's Health and Well-Being

See policies below.

403.1 Employee Physical Examinations

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Physical Examinations                                                                                                                                           Code No.  403.1

 

Good health is important to job performance. Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the School District.  The form will indicate the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, and must be returned prior to the performance of duties.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the School District.

School bus drivers will present evidence of good health as required by law in the form of a DOT physical examination report.

The cost of bus driver renewal physicals will be paid by the School District up to a maximum of $80.00.

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

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

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

403.2 Employee Injury on the Job

 

STAFF PERSONNEL

Series 400

 

Policy Title:  Employee Injury on the Job                                                                                                                                                                         Code No.  403.2

When an employee becomes seriously injured on the job, the building principal will notify a member of the family, or an individual of close relationship, as soon as the building principal 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 call the worker’s compensation number as soon as possible after the incident and to notify the supervisor.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 85; 279.40; 613.17 (2013).  1972 Op. Att’y Gen. 177.

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

403.3 Communicable Disease - Employees

STAFF PERSONNEL

Series 400

 

Policy Title:  Communicable Diseases – Employees                                                                                                                           Code No.  403.3                            

 

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 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 by the Superintendent and school nurse.

The health risk to immune-depressed 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.

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace will report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.

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 personnel 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.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  School Board of Nassau County v. Arline, 480 U.S. 273 (1987).  29 U.S.C. §§ 794, -1910 (2012).  42 U.S.C. §§ 12101 et seq. (2012).  45 C.F.R. Pt. 84.3 (2012).  Iowa Code chs. 139A; 141A (2013). 641 I.A.C. 1.2-.7.

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

403.3E1 Hepatitis B Vaccine Information & Record

See pdf document

Uploaded Files: 

403.3R1 Universal Precautions Regulation

 

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:   Universal Precautions                                                                                                                                              Code No.  403.3R1

 

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, 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:  April 13, 2004

Reviewed:  May 14, 2019

403.4 Hazardous Chemical Disclosure

 

STAFF PERSONNEL

Series 400

 

Policy Title:       Hazardous Chemical Disclosure                                                                                                                                                             Code No.  403.4

 

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 Director of Operations 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.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  29 C.F.R. Pt. 1910; 1200 et seq. (2012).  Iowa Code chs. 88; 89B (2013).  347 I.A.C. 120.

Cross Reference:  403 Employees’ Health and Well-Being; 804 Safety Program

403.5 Harassment

 

STAFF PERSONNEL

Series 400

 

Policy Title:  Harassment                                                                                                                                                                                                    Code No.  403.5

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and non-school property if the employee or student is at any school sponsored, school approved, or school related activity 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.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability, and sexual harassment.  Harassment by Board Members, administrators, employees, parents, vendors, and others doing business with the School District is prohibited.  Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the Superintendent or Board.

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

Other types of harassment may include, but not be limited to, jokes, stories, pictures, or objects that are offensive, tend to alarm, annoy, abuse, or demean certain protected individuals and groups.

Employees and students who believe they have suffered harassment will report such matters to the investigator for harassment complaints.  However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts.  It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the Superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.

No one will retaliate against an employee or student because they have filed a harassment complaint, assisted, or participated in a harassment investigation, proceedings, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

It is the responsibility of the Board Members, administrators, licensed and classified employees, students, and others having business or other contact with the School District to act appropriately under this policy.  It is the responsibility of the Superintendent and investigator to inform and educate employees or students and others involved with the School District about harassment and the School District’s policy prohibiting harassment.

This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.  It is the responsibility of the Superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 216. 281 I.A.C. 12.3(6).

Cross Reference:  102 Equal Educational Opportunity; 401.1 Equal Employment Opportunity; 401.4 Employee Complaints; 402.3 Abuse of Students by School District Employees; 404 Employee Conduct and Appearance; 502.10 Student-to-Student Harassment; 503 Student Discipline

403.5E1 Harassment Complaint Form

Uploaded Files: 

403.5E2 Witness Disclosure Form

Uploaded Files: 

403.5R1 Harassment Investigation Procedures Regulation

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Harassment Investigation Procedures                                                                                                                                Code No.  403.5R1

 

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and nonschool property if the employee or students is at any school sponsored, school approved or school related activity 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.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by Board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is alleged to be in violation of this policy will  be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or Board.

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

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain individuals and groups.

COMPLAINT PROCEDURE

An employee or student who believes that they have been harassed will notify the building principal, the designated investigator.  The alternate investigator is any other district administrator. The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  Information received during the investigation is kept confidential to the extent possible.

The investigator with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator will interview the complainant and the alleged harasser.  The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint.  The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator will report to the superintendent.  The investigator will outline the findings of the investigation to the superintendent.

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator’s report.  Following the investigator’s report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent’s discretion, interview the complainant and the alleged harasser.  The superintendent will file a written report closing the case.  The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.

POINTS TO REMEMBER IN THE INVESTIGATION

  • Evidence uncovered in the investigation is confidential.
  • Complaints must be taken seriously and investigated.
  • No retaliation will be taken against individuals involved in the investigation process.
  • Retaliators will be disciplined up to and including discharge.

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator is the investigator.

If the alleged harasser is the superintendent, the alternate investigator will take the superintendent’s place in the investigation process.  The alternate investigator will report the findings to the Board.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

403.6 Substance-Free Workplace

 

STAFF PERSONNEL

Series 400

 

Policy Title:  Substance-Free Workplace                                                                                                                                              Code No.  403.6                            

 

The Board expects the School District and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, posses, use, or be under the influence of in the workplace any narcotic drug, hallucinatory drug, amphetamine, barbituate, marijuana, or any other controlled substance or alcoholic beverage as defined by federal or state law. The Board further prohibits the possession or use of tobacco or tobacco product in the workplace.  “Workplace” includes school district facilities, school district premises, or school district vehicles.  “Workplace” 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 or alcohol offense committed, 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.  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.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  41 U.S.C. §§ 81 (2012).  42 U.S.C. §§ 12101 et seq. (2012).  34 C.F.R. Pt. 85 (2012).  Iowa Code §§ 123.46; 124; 279.8 (2013).

Cross Reference:  404 Employee Conduct and Appearance

403.6E1 Substance-Free Workplace Notice to Employees

Uploaded Files: 

403.6R1 Substance-Free Workplace Regulation

 

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title:  Substance-Free Workplace                                                                                                                                        Code No. 403.6R1

 

A superintendent who suspects an employee has a substance abuse problems 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.  Participation in a substance abuse treatment program is voluntary.
  3. Conviction – If an employee is convicted of a criminal drug or alcohol offense committed, the employee must notify the employer of the conviction within      five days of the conviction.

 

Approved:  April 13, 2004 

Reviewed:  May 14, 2019

403.7 Drug and Alcohol Testing Program

STAFF PERSONNEL

Series 400

 

Policy Title:  Drug and Alcohol Testing Program                                                                                                                                                                                Code No.  403.7

 

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, superintendent/transportation director, at Oskaloosa Community Schools, 1800 North 3rd St., Oskaloosa, Iowa 52577.  Employees who violate the terms of this policy are subject to discipline up to and including termination.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.

The superintendent will also be responsible for publication and dissemination of this policy and its 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.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (rth Cir. 1995). 49 U.S.C.§§ 5331 et seq. (2012). 42 U.S.C. §§ 12101 (2012). 41 U.S.C. §§ 81 (2012).  49 C.F.R. Pt. 40; 382; 391.81-123 (2012).  34 C.F.R. Pt 85 (2012).  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 (2013).

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

403.7E1 Drug and Alcohol Testing Program Notice to Employees

Code No.  403.7E1

 

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 and post-accident 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 NOTIIFED 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.

403.7E2 Drug and Alcohol Testing Program Acknowledgment

Uploaded Files: 

403.7E3 Consent for Request of Information

Uploaded Files: 

403.7E4 Drug/Alcohol Test Notification Form

Uploaded Files: 

403.7E5 Certification of Previous Employers Requiring Acknowledgment

Uploaded Files: 

403.7E6 Drug and Alcohol Reasonable Suspicion Observation

Uploaded Files: 

403.7E7 Drug and Alcohol Testing Program

Uploaded Files: 

403.7E8 Random Testing Driver Change List Form

Uploaded Files: 

403.7E9 Post-Accident Drug and Alcohol Testing Instruction

Uploaded Files: 

403.7E10 Drug & Alcohol Testing Program Worksheet

Uploaded Files: 

403.7R1 Drug and Alcohol Testing Program Regulation

 

 

Uploaded Files: 

403.7R2 Drug and Alcohol Testing Program Definitions

 

STAFF PERSONNEL

Series 400

 

Administrative Regulation Title: Drug and Alcohol Testing Program Definitions                                                                                                        Code No. 403.7R2

 

Air blank – a reading by an evidentiary breath testing device (EBT) of ambient air containing non-alcohol.

Alcohol – the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

Alcohol concentration (or content) – the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidentiary breath alcohol test or saliva alcohol test under the law.

Alcohol use – the consumption of any beverage, mixture or preparation, including an6y medication, containing alcohol.

Breath Alcohol Technician (BAT) – an individual who instructs and assists drivers in the alcohol testing process and operates an evidentiary breath testing device, non-evidentiary breath testing device or saliva testing device.

Canceled or invalid test – in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory.  In alcohol testing it is a test that is deemed to be invalid under the law.  A canceled drug test or alcohol test is neither a positive nor a negative test.

Chain of Custody – procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen.  With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory.

Collection site – a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration. 

Confirmation test – for alcohol testing it is a second test following a screening alcohol test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of breath alcohol concentration.  For drug testing it is a second analytical procedure (GC/MS) to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

Controlled substances/Drugs – marijuana, cocaine, opiates, amphetamines and phencyclidine.

Driver- any person who operates a school vehicle.  This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district.  For the purposes of pre-employment/pre-duty testing only, the term “driver” includes applicants for drivers of school vehicle positions.

Initial test (or screening test) – in drug testing it is an immunoassay screen to eliminate “negative” urine specimens from further consideration.  In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.

Licensed medical practitioner – a person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.

Medical review officer (MRO) – a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver’s confirmed positive test result together with the driver’s medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing – testing of a driver after an accident without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.

Performing a safety-sensitive function – a driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

Random Selection Process – when drug and alcohol tests are unannounced and every driver has an equal chance of being selected for testing.

Reasonable suspicion – when the school district believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.

Refusal to test – when a driver (1) fails to provide adequate breath or saliva for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the law, (2) fails to provide adequate urine for the drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the law, or (3) engages in conduct that clearly obstructs the testing process.  A refusal to test is treated as a positive drug test result or an alcohol test result of 0.04 alcohol concentration or greater.

Safety-sensitive function – all time from the time when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

Saliva test technician (STT) – an individual who has successfully completed U.S. DOT approved training for saliva testing who instructs and assists drivers in the initial (screening) alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

School vehicle – a vehicle owned, leased, and/or operated at the direction or with the consent of the school district which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand one pounds and requires the driver to have/possess a commercial driver’s license in order to operate the vehicle.

Split specimen/split sample – the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in second specimen bottle (the split sample).

Substance abuse professional (SAP) – a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substance-related disorders.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019