R 4160  PHYSICAL EXAMINATION

 

  1. Definitions

 

  1. “Employee” or “staff member” means the holder of any full-time or part-time position of employment.

 

  1. “Health history” means the record of a person’s past health events obtained in writing, completed by the individual or their physician.

 

  1. “Health screening” means the use of one or more diagnostic tools to test a person for the presence or precursors of a particular disease.

 

  1. “Physical examination” means the assessment of an individual’s health by a professional licensed to practice medicine or osteopathy, or by an advanced practice nurse or physician assistant.

 

  1. “Physician assistant” means a health care professional licensed to practice medicine with physician supervision.

 

  1. Physical Examinations – Candidates for Employment Who Have Received a Conditional Offer of Employment

 

  1. Candidates for employment who have received a conditional offer of employment shall be required to undergo a physical examination. The physical examination shall include, but is not limited to, a health history and health screenings to determine whether the candidate is able to perform with reasonable accommodation job-related functions pursuant to P.L. 101-336, American with Disabilities Act of 1990 (ADA).  The candidate for employment will be provided the Board’s requirements for the physical examination.

 

  1. A health history shall include, but is not limited to, the candidate’s:

 

(1)        Past serious illnesses and injuries;

 

(2)        Current health problems;

 

(3)        Allergies; and

 

(4)        A record of immunizations.

 

  1. A health screening shall include, but is not limited to:

 

(1)        Height;

 

(2)        Weight;

 

(3)        Pulse and respiratory rate;

 

(4)        Hearing screening;

 

(5)        Blood pressure;

 

(6)        Vision screening.

 

  1. Medical Requirements Upon Employment

 

  1. A Mantoux tuberculosis test shall be given upon employment of all newly hired staff members (full-time and part-time), and to all student teachers, school bus drivers on contract with the district, and to contractors or volunteers who have contact with students. Tuberculosis testing is not required for volunteers working with students less than twenty hours per month.

 

  1. Tuberculosis testing is not required:

 

(1)        For new staff members, student teachers, and contractors of the school district with a documented negative tuberculosis test result in the last six months or a documented positive tuberculosis test, regardless of when this test was done; or

 

(2)        For a school district staff member transferring between school districts or from a non-public school within New Jersey with a documented tuberculosis test result upon his/her initial employment by a New Jersey school.

 

  1. Staff members, student teachers, contractors or volunteers who have contact with students and claim a religious exemption cannot be compelled to submit to tuberculosis testing. In these instances, a symptom assessment must be done (TB-8 Form).  If TB-like symptoms are reported, a physician must document that the staff member, student teacher, contractor, or volunteer does not have an active disease.

 

(1)        The school district shall determine the criteria essential to document a valid religious exemption.

 

  1. Procedures for the administration of the Mantoux tuberculosis test, interpretation of reactions, follow-up procedures, and reporting shall be conducted in accordance with the guidelines and requirements of the New Jersey Department of Health.

 

  1. An individual support staff member may provide health-status information, including medications, that may be of value to medical personnel in the event of an emergency requiring treatment. In such instances, the support staff member may also choose to share with the Principal and, if desired, with the certified school nurse, information regarding current health status to assure ready access in a medical emergency.

 

  1. Health Records

 

  1. All health records of candidates for employment who have received a conditional offer of employment and a current employees, including computerized records, shall be secured, stored, and maintained separately from other personnel files.

 

  1. Health records may be shared only with authorized individuals in accordance with N.J.S.A. 18A:16-5.

 

  1. Employees’ Physical Examination and Medical Updates

 

  1. School employee physicals, examinations, and/or annual medical updates shall not require disclosure of HIV status.

 

  1. Testing for Usage of Controlled or Dangerous Substances for Candidates Who Have Received a Conditional Offer of Employment

 

  1. Candidates for employment who have received a conditional offer of employment will be required to complete testing, conducted at the Board’s expense, for the usage of controlled dangerous substances as they are defined in N.J.S.A. 2C:35-2.

 

  1. Candidates will be allowed privacy during specimen collection. Control and accountability of specimens will be maintained with a chain of custody in accordance with accepted practices and as recommended by the approved laboratory.  A laboratory approved by the New Jersey Department of Health will be selected by the Board for such testing.

 

  1. The laboratory will conduct the test in accordance with industry standard practices for testing for controlled dangerous substances.

 

  1. A Medical Review Officer, who is a licensed physician will review the final results of all positive tests to determine if there is a medical explanation for the results. The Medical Review Officer will review the candidate’s medical history and may conduct a medical interview with the candidate to determine any relevant factors contributing to the results of the test.  The Medical Review Officer will communicate the results of an investigation regarding positive drug tests to the candidate and to the Superintendent.

 

  1. The ADA prohibits employment discrimination against qualified individuals with disabilities. Persons who use drugs illegally (the use of controlled dangerous substances (CDS) and the illegal use of prescription drugs) are not protected by the ADA.

 

  1. After a conditional offer of employment, the school district administration and/or the Medical Review Officer may ask the candidate questions concerning present drug or alcohol use; however, information obtained may not be used to exclude an individual with a disability, based on the disability, unless it can be shown that the reason for exclusion meets the following three tests:

 

(1)        It must be job-related and cannot be met with reasonable accommodation;

 

(2)        It must be consistent with the demonstrated necessity of conducting business; and

 

(3)        It must be related to legitimate job criteria.

 

  1. The Superintendent will confer with the Medical Review Officer regarding all positive tests to prevent any ADA violation.

 

  1. Testing for controlled or dangerous substances will be required for all candidates for employment who receive a conditional offer of employment.

 

  1. Review of Examinations and Assessments

 

  1. The results of the physical examination of a candidate for employment who has received a conditional offer of employment will be reviewed by the school physician, who, in consultation with the Superintendent, will determine the candidate’s physical and mental fitness to function with reasonable accommodation in the position for which he/she has made application. That determination will be made a part of the candidate’s application.

 

  1. Rescinding a Conditional Offer of Employment – Notice to Candidates for Employment Who Receive a Conditional Offer of Employment

 

  1. All candidates for employment who receive a conditional offer of employment shall be informed by the district that:

 

  1. An offer of employment by the Superintendent of Schools or designee is conditional upon completion of the Board’s required physical examinations and assessments;

 

  1. The required examinations and assessments will be used to determine the candidate’s ability to perform with reasonable accommodations job-related functions pursuant to ADA; and

 

  1. If it is determined upon completing the examination(s) or assessment(s) the candidate is unable to perform with reasonable accommodations job-related functions pursuant to the provisions of the ADA, the conditional offer of employment will be rescinded either by the Superintendent if the Board has not yet approved the appointment or by the Board, if the Board had approved the appointment at a Board meeting.

 

 

 

 

 

 

Adopted:  May 2017