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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: