HomeMy WebLinkAbout92-054RESOLUTION CREATING SECTION 4.7 OF THE BUTTE COUNTY PERSONNEL RULES
WHEREAS, the Board of Supervisors finds it to be in the
interest of the County to amend the Personnel Rules:
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of
the County of Butte hereby amends the Personnel Rules of the County
of Butte by adding Section 4.7 to read as follows:
4.7 EMPLOYEES WITH LIFE-THREATENING ILLNE88E8
Butte County recognizes that employees with life-threatening
illnesses, or those who are perceived to have a life-threatening
illness, including but not limited to cancer, heart disease or
AIDS*, may wish to continue to engage in as many of their normal
activities, including work, as their condition permits. As long as
these employees are able to meet acceptable performance standards
and medical evidence indicates their conditions pose no threat to
themselves or others and that the employee is physically and
mentally able to perform the essential functions of the job, Butte
County will support the affected employee's right to work.
At the same time, Butte County also recognizes that it has an
obligation to provide a safe environment. Every precaution should
be taken to ensure that an employee's condition does not present a
health, security, and/or safety threat to County employees,
clients** or others.
Butte County expects all of its employees to be sensitive to these
issues, and to make every effort to treat employees consistent with
this philosophy and the following guidelines:
* AIDS -Acquired Immunodeficiency Syndrome {includes any
person who has AIDS Related Complex (ARC) or is
seropositive with Human Immunodeficiency Virus {HIV) as
defined by the Centers far Disease Control).
** Client - a member of the public wha is requesting or
receiving services from Butte County and as appropriate,
may include, an individual of the detention ar
correctional facility.
a. Confidentialit
1. An employee's health condition is personal and private,
and reasonable precautions should be taken to protect
information regarding an employee's health condition.
Communications regarding the affected employee's health
condition, to the extent known, shall be restrYCted to those
with a demonstrated job-related need-to-know.
2. Butte Count}r understands that employees and supervisors
may have quest~.ons and concerns when dealing with an
individual who has a life-threatening illness; therefore,
resources are available through the County Public Health
Department and Employee Assistance Program.
b. Equal Treatment
1. Employees or job applicants who have a life-threatening
illness may be covered by laws and regulations that protect
them against discrimination on the basis of disability.
Questions by management relating to an employee's or job
applicant's status as a disabled person should be directed to
the Personnel Department for consideration.
2. Transfers of employees with life-threatening illnesses
shall be made in accordance with the Butte County Personnel
Rules, and/or labor and union agreements.
3, Any transfers of co-workers of an employee with a life-
threatening illness shall be made in accordance with County
Personnel Rules and/or labor and union agreements. Where it
has been determined that continued presence of an employee
with a life-threatening illness poses no health, security or
safety risk to ca-workers, clients or others, transfers will
not be granted on the basis of a perceived health, security,
or safety risk.
c. Benefits
1. Employees with life-threatening illnesses, provided that
they are otherwise eligible, are entitled to all County
provided benefits including coverage under the County's sick
leave plan,- Tn addition, confidential consultation regarding
employee benefits may be obtained through the County's
Personnel Department.
2. The County, through its Fublic Health Department and
Employee Assistance Program, will provide access to agencies
which offer supportive services to employees and their
household members who may be affected by a life-threatening
illness.
d. Management
1. If the job performance of an employee with a life-
threatening illness is a concern, management should contact
Personnel for assistance; decisions will be made in accordance
with Butte County Personnel Rules and/or labor and union
agreements.
2. The Personnel Department should be contacted to determine
if a statement should be obtained from the employee's
attending physician that continued presence at work will pose
no threat to the employee, co-workers or clients.
3. Reasonable accommodations will be made to modify the
affected employee's duties or work conditions consistent with
the business needs of the particular County department.
Determination shall be made on a case-by-case basis, in
conference with Risk Management, Personnel, County Counsel,
and the employee's representative, if required.
4. Tf it is necessary to temporarily increase a department
complement in order to hire a replacement or partial
replacement for an employee who is on paid sick leave or
reduced hours due to a life-threatening illness, the
department head shall contact the Chief Administrative
officer, The CAO may approve or disapprove such a temporary
complement increase.
For assistance in adding a temporary employee, the department
should contact the Personnel Department. Such a temporary
increase in complement will continue at the discretion of the
department's appointing authority or Chief Administrative
officer.
5. Each department may develop specific guidelines to address
needs specific to its department not already addressed by the
policy. Such guidelines shall be consistent with this policy
and shall be developed in consultation with Risk Management,
Personnel Department, and the employee's representative, if
required.
e. Medical Authorit
This policy statement and guidelines are based on the most current
and generally accepted medical information and are subject to qn-
going revision.
f. Educational Program for County Employees
Butte County recognizes the discovery of any new disease is a
natural cause for public concern. The identification of Acquired
Immune Deficiency Syndrome (AIDS) in 1981 was no exception.
AIDS is unique in that fear of infection is growing among those
considered at low risk, despite scientific assurance that it is not
an easy disease to catch.
Consistent with this concern for employees or clients with life-
threatening illnesses, Butte county offers the following range of
resources:
- Management, employee and public education and information
available from the Butte County Health Departments AIDS
Education Project.
- Benefit consultation to assist employees in effectively
managing health, leave and other benefits are available from
the County Employee Assistance Program.
Butte County Board of Supervisors appointed an AIDS Task Force in
1988 to report on the impact of AIDS in the County. Recommendation
#58 encourages all employers to implement HIV prevention,
education, and training for employees, and adopt policies and
procedures to effectively deal with issues related to HIV disease.
Butte County will make an effort to avoid panic at the worksite by
educating all County employees about AIDS.
g. New Employee Brochure
1. A pamphlet will be prepared by the AIDS Education Project
and included in all new employee packets by Personnel.
2. Questions shall be forwarded to the AIDS Education Project
at 2865.
h. Educational Employee Programs
1. Educational programs about HIV Disease will be provided to
Butte County employees. The programs should be mandatary and
the priority of training determined according to the
employers likelihood of exposure to AIDS in the workplace, or
need for knowledge of the disease in order to perform the job.
Group 1 Employees in this group need knowledge of the
disease to perform their jobs. The educational plan
would include an overview as well as identification
of local resources (approximately 1 hour).
Group 2 Employees in this group may be unknowingly working
with people with HIV Disease. The education flan
will include the use of universal precautions
(approximately 2 hours).
Group 3 These people are less likely to be physically
exposed during the course of their work; however,
basic knowledge of the disease is necessary to
perform their ]obs (approximately 1-1/2 hours}.
Group 4 In this group there is little risk for exposure
during work, nor is detailed knowledge essential to
perform their job. However, basic knowledge is
needed in the event an employee in one of these
departments should acquire AIDS. The educational
plan would include a 1 hour program.
2. Programs wi11 be scheduled for each group consecutively.
Group I
Board of Supervisors
Management Council
Administration
County Counsel
Group II
Public Health
Mental Health
Sheriff-Coroner
Probation
Group III
Veterans Service
Public Works
District Attorney
Buildings and Grounds
Group IV
Agricultural
(Weights and Measures)
Air Pollution
Assessor
Auditor-Controller
Central Services
Emergency Services
Risk Management
Personnel
Superior &
,Tuvenile Hall
Social Welfare
Public Guardian
Municipal Court
Elections and Registrations
Farm and Home Advisors
Planning
Purchasing
Treasurer-Tax Collector
Libraries
County Clerk-Recorder
PASSED AND ADOPTED by the Butte County Board of Supervisors
this 19th
vote:
day of ~1ay 1.992, by the following
AYES: Supervisors Mclnturf, Houx, McLaughlin, Fulton and Chair Dolan
NOES : None
ABSENT: None
ATTES
STARL
Board
BY: