7200 - Communicable Disease - Employees
The Utah State Statutes and the State Department of Health defines communicable diseases as follows:
"Communicable disease" means illness due to a specific infectious agent or its products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected person or animal or indirectly, through an intermediate plant or animal hose, vector, or the inanimate environment.
A "carrier" of communicable disease is defined as follows:
"Carrier" means an infected person or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. The carrier state may occur in an individual with an infection that is unapparent throughout its course (commonly known as healthy or asymptomatic carrier), or during the incubation period, convalescence, and post-convalescence of an individual with a clinically recognizable disease (commonly known as incubatory carrier or convalescent carrier). Under either circumstance the carrier state may be of short or long duration (temporary or transient carrier or chronic carrier).
Source: Section 26-6-2, Utah Code Annotated, 1953
The Utah State Board of Health has statutory authority to investigate and effectuate control of the causes of communicable diseases including authorization for detection, reporting, prevention and control.
In addition to the statutory authority of the State Department of Health for control of communicable diseases, the Board of Education acknowledges the importance of developing within this district, guidelines for the employment of school district staff infected with Acquired Immunodeficiency Syndrome symptoms (AIDS), Cytomegalovirus (CMV), Herpes Simplex virus (HSV), and HSV related diseases such as chicken pox, shingles, and infectious mononucleosis. The Board of Education will cooperate in educating its employees and its residents and patrons about the risks involved in maintaining an infected employee in a school setting or in an out of school employment setting, recognizing that such information will help in providing optimum care and education for an infected employee while minimizing the risk of transmission to others. The Board will also cooperate with the Utah State Department of Health in assisting its designated authority in the detection, prevention and control of communicable diseases.
DEFINITIONS
| AIDS: | is caused by a virus (HTLV-3) which attacks the body's immune system, leaving victims especially vulnerable to infection. To date, there is no known cure. The mortality rate ranges between 70% - 90% after two years. No identified cases are known to have been transmitted in the school or day-care setting or through casual person to person contact. The only known modes of transmission are sexual contact, neonatal contact (birth), blood cells are present in saliva, there is nor evidence that AIDS has been transmitted through saliva or other body fluids, with the exception of those referred to above. AIDS is not as easily transmitted as HSV and HSV related diseases. (As more medical knowledge of AIDS becomes available, this definition may change.) | |
| Caretaker: | refers to the teacher or other school personnel responsible for the care and education of the infected child. | |
| Cytomegalovirus: | is a member of the herpes family, and is transmitted through secretions of body fluids. Is primarily a threat to pregnant women. Its symptoms are similar to those of mononucleosis (fever, lethargy, headaches, aching muscles) and may sometimes lead to CMV pneumonia. | |
| Employee: | is any employee of the school district whether administrator, teacher, certified employee, classified employee, whether employed part time or full time including substitute teachers and teachers' aides, and school aides. | |
| Herpes Simplex Virus: |
categorized as Type I and Type II. HSV-1 occurs mainly in childhood and is transmitted orally by direct contact with infected secretions. HSV-II, also known as genital herpes, is transmitted through sexual contact. Both types of herpes are evidenced by lesions on the infected person's body, including cold sores. The risk of transmission is greatest when the person has visible or active lesions. Hand washing and cleanliness are the best prevention. Chicken pox, shingles and infectious mononucleosis are closely related to the herpes virus, and can be transmitted through contact with infected body fluids. |
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| Lesions: | are open sores (i.e. cold sores, blisters) on the skin. Active lesions can secrete and transmit the responsible virus. | |
| Secretions: | refers to all body fluids, such as saliva, blood, tears, urine, feces, and oozing lesions. | |
PLACEMENT IN EMPLOYMENT
Decisions regarding the type of employment setting for an infected employee shall be based on the behavior, neurological development, and physical condition of the employee and the expected type interaction with others in employment in that setting. The employee's physician, an employee's representative if desired, and those persons of the school district involved with the proposed employment setting shall be considered an evaluation team to be consulted to assist in weighing the risks and benefits to both the infected employee and to others in the employment setting.
Infected employees shall be placed on temporary sick leave until such time as the above-referenced evaluation team involved in the medical diagnosis and care and employment responsibilities of the infected employee shall have reached a determination as to the proper continued employment setting for the infected employee.
Infected employees who are able to confine and control their secretions shall be allowed to continue employment in an appropriate designated employment setting, minimizing the possibility of exposure to school children or other employees.
Neurologically handicapped employees who are infected with AIDS and who lack control of their secretions or who have uncoverable lesions shall be place on continued sick leave whether or not the employee receives under an employment contract sick leave salary or other pay benefits until such time as the persons involved in evaluation of the infected person approves employment in an appropriate designated employment setting.
Employees with active herpetic lesions, including chicken pox and shingles, will not be permitted in employment settings unless such lesions can be completely covered. When the lesions have disappeared (usually within a week) the employee will be allowed to return to employment. The primary responsibility for examining an infected employee for lesions or other related symptoms rests with employee and the employee's physician.
Each case involving an infected employee shall be considered on an individual basis and final determinations shall be subject to grievance procedures as provided by employee contracts.
RIGHT TO PRIVACY
There is potential for social isolation and social stigma should an infected employee's condition become known to the general public. School personnel and others involved in the infected employee's employment setting will respect the employee's right to privacy and need for confidentiality. The employee's records will be kept confidential. The number of school personnel who will be in contact with the employee and informed of the employee's condition will be kept at the minimum needed to assure of the employee and to detect and avoid situations where the potential for transmission of the disease may increase (i.e. a bleeding injury or open lesions).
POLICY SUBJECT TO CHANGE
As the medical determinations of communicable diseases such as those identified herein become more generally accepted, this policy may be subject to change to meet that additional medical information.