FILE: GAMFC
HEALTH EXAMINATIONS
The West Baton Rouge Parish School Board, mindful of the requirements of the Americans with Disabilities Act, mandates the following procedures regarding medical examinations.
PRE-EMPLOYMENT, PRE-OFFER
The School System may not require a job applicant to take a medical examination, to respond to medical inquiries or to provide information about workers’ compensation claims before a job offer is made.
PRE-EMPLOYMENT, POST-OFFER
The school system may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering employees in the same job category. A post-offer examination or inquiry does not have to be ”r;job-related” and ”r;consistent with business necessity.” Questions also may be asked about previous injuries and workers’ compensation claims.
If an individual is not hired because of a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and necessary for the operation of the school system. The school system also must show that no reasonable accommodation was available that would enable this individual to perform the essential job functions, or that reasonable accommodations would impose an undue hardship.
A post-offer medical examination may disqualify an individual who would pose a ”r;direct threat” to health or safety.
EMPLOYEE MEDICAL EXAMINATION AND INQUIRIES
After a person starts work, a medical examination or inquiry of an employee must be job related and necessary for the operation of the school system.
The school system may conduct employee medical examinations where there is evidence of a job performance or safety problem, examination required by federal and/or state laws, examinations to determine current ”r;fitness” to perform a particular job and voluntary examinations that are part of employee health programs.
DRUG TESTING
Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions on such examinations.
DOCTOR’S REVIEW
A doctor who conducts medical examinations for the school system should not be responsible for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation for a person with a disability. The responsibility lies with the school system.
The doctor’s role should be limited to advising the school system about an individual’s functional abilities and limitation in relation to job function, and about whether the individual meets the school system’s health and safety requirements.
SPECIFIC JOB CATEGORIES REQUIRING MEDICAL EXAMINATIONS
Prior to employment, the applicant recommended for a bus operator, custodian, food service, or maintenance position and any other applicant applying for a particular job category as determined by the Superintendent, shall be required to take and successfully complete a health examination with accompanying x-rays. The physician conducting the examination shall be determined by the Superintendent or designee, and the cost for the examination shall be paid by the School Board.
BUS OPERATOR
The School Board requires all regular bus operators, substitutes, and activity bus operators who are employees of the West Baton Rouge Parish School Board or of the contractor for transportation services to have an annual Commercial Drivers License (CDL) Physical Examination prior to the opening date of school each year. All physical examinations shall be completed by August 1 of each year. If the physical can not be completed due to extenuating medical reasons, the completion date shall be extended to August 15. Further incompletion of the physical examination past August 15, shall be at the request of the physician. Failure to complete the physical by the date required without the approval of the appropriate supervisor and the physician may result in one (1) day suspension without pay.
CONFIDENTIALITY
Information from all medical examinations and inquiries must be kept apart from general personnel files. All medical-related information must be kept confidential, with the following exceptions:
Individuals who have a need to know, as determined by the Superintendent, about necessary restrictions on the work or duties of an employee and about any reasonable accommodations that may be needed;
First aid and safety personnel if the disability might require emergency treatment or if any specific procedures are needed in the case of a fire or other evacuations;
Government officials investigating compliance with the ADA and other federal and state laws prohibiting discrimination on the basis of disability;
Relevant information may be provided to state workers’ compensation offices or ”r;second injury” funds, in accordance with state workers’ compensation law;
Relevant information may be provided to insurance companies where the company requires a medical examination to provide health or life insurance for employees.
Revised: October, 1997
Revised: March, 2000
Revised: July, 2007
Ref: 42 USC 12101 et seq. (Title I, Americans With Disabilities Act)
La. Rev. Stat. Ann. §§17:491, 23:897
Board minutes, 2-16-00, 7-18-07
West Baton Rouge Parish School Board