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DBB LOCAL

EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: MEDICAL EXAMINATIONS AND COMMUNICABLE DISEASES

Examinations During Employment

The College President or designee may require an employee to undergo a medical examination if information received from the employee, the employee’s supervisor, or other sources indicates the employee has a physical or mental impairment that:

  1. Interferes with the employee’s ability to perform essential job functions; or

  2. Poses a direct threat to the health or safety of the employee or others. A communicable or other infectious disease may constitute a direct threat. 

The College District may designate the physician to perform the examination. If the College District designates the physician, the College District shall pay the cost of the examination. The College District may place the employee on paid administrative leave while awaiting results of the examination and evaluating the results.

Based on the results of the examination, the College President or designee shall determine whether the employee has an impairment. If so, the College President or designee shall determine whether the impairment interferes with the employee’s ability to perform essential job functions or poses a direct threat. If not, the employee shall be returned to his or her job position.

If the impairment does interfere with the employee’s ability to perform essential job functions or poses a direct threat, the College President or designee shall determine whether the employee has a disability and, if so, whether the disability requires reasonable accommodation, including the use of available leave. The granting of additional unpaid leave may be a reasonable accommodation in some circumstances. If the employee does not have a disability, the College President or designee shall evaluate the employee’s eligibility for leave. [See DEC(LOCAL)]

[See DAA for information on disabilities and reasonable accommodation] 

Other Requirements

Employees with communicable diseases shall follow recommendations of public health officials regarding contact with students and other employees. Food service workers shall comply with health requirements established by city, county, and state health authorities. [See DBA] 

Medical and Psychological Examination of a Peace Officer or Telecommunicator

The College President or designee and the College District police department shall develop regulations, in accordance with law, addressing the fitness-for-duty examination of a peace officer or telecommunicator who is licensed, or a person for whom the College District police department seeks a license, under Occupations Code Chapter 1701. The regulations must address: 

  1. The criteria for requiring an examination; 

  2. The provision of notice to the license holder or applicant that includes the reasons for the examination;

  3. The examination procedures;

  4. The determination of the license holder’s or applicant’s duty status during and following the examination;

  5. Appeals of the application or interpretation of the regulations; and

  6. The submission of a report to the Texas Commission on Law Enforcement (TCOLE):

    a. If the license holder or applicant refuses to submit to the examination; or

    b. Absent the successful completion of a treatment program, if the license holder or applicant fails the examination.

DATE ISSUED: 5/10/2024

ADOPTED: 09/20204

UPDATE 47

DBB (L)CAL) - BJC