The President or the President’s designee shall establish a “Bloodborne Pathogen Exposure Control Plan” outlining bio-safety policies and procedures to protect the rights and health of individuals. The purpose of this plan is to comply with the OSHA Regulations, Occupational Exposure to Bloodborne Pathogens. The plan shall be: (1) accessible to all employees; (2) reviewed and updated annually, and when new or modified tasks and procedures occur; (3) implemented in conjunction with the Safety Committee; and (4) made available to OSHA for examination and copying upon request. It shall be the responsibility of Campus Security and/or Supervisors in assigned areas where accidents/incidents/exposures take place to see that the plan is followed.
In accordance with law, all aspects of bio-safety training will be documented .
- Definitions. For purpose of this policy, the following acronyms and definitions are used:
- HIV - Human Immunodeficiency Virus
- HBV - Hepatitis B Virus
- AIDS - Acquired Immunodeficiency Syndrome
The procedures, guidelines and statements included in this policy may be varied where appropriate due to the advancement of medical knowledge, changes in the law, or the facts of a particular case.
- General Guidelines.
The College shall make reasonable efforts to accommodate the specific needs of infected students or employees unless the accommodation places undue burdens on the institution. There shall be no discrimination shown these individuals.
- For Infected Students. Admission will not be denied to a qualified student solely on the ground that the student is an infected individual. A student shall not be required to withdraw from the College solely on the basis of a diagnosis of infection.
A student may be required to withdraw only after reasonable accommodations have been made, and an examination of the facts on a case-by-case basis by the President or the President’s designee(s) demonstrates that the student can no longer perform as required, or that the student presents a health risk to him/herself or to the College community.
- For Infected Employees. An infected employee not needing accommodation shall be treated in the same manner as any employee diagnosed as having any other illness, injury or disability. In instances where an infected employee is unable to fulfill his/her responsibilities, or portions of these responsibilities with reasonable accommodation, but is able and desires to continue working in a less mentally or physically demanding capacity, the College shall make a reasonable effort, if requested, to accommodate the employee’s handicap.
As in the case of any other illness, injury or disability, a supervisor who believes an infected employee is unable to perform assigned duties due to the illness shall recommend to the Personnel Director or the College Health Policies Committee that the employee be required to submit to a medical examination to determine if the employee can do the work. Based upon the medical opinion, appropriate action as provided in applicable procedures shall be applied.
Any infected employee shall be allowed to use accrued sick or annual leave as needed.
- Confidentiality. Any student or employee who informs the College that he/she is infected shall be accorded confidentiality regarding disclosure of the medical condition, in accordance with established statute or case law.
Information concerning an affected person’s medical condition will be handled as confidential information. No specific detailed information concerning complaints or diagnosis shall be provided to faculty, administrators, or parents without the expressed written permission of the patient in the case.
- Adherence to Policy and Guidelines. College employees, while performing their institutional duties, shall be required to conform to the Board’s Exposure Control Plan on blood borne pathogens (inclusive of other body fluids). Attention shall be given to policies and procedures that provide clear direction to employees in the areas of:
- providing reasonable accommodation;
- prohibiting discrimination against qualified handicapped persons;
- providing for the safety of others, taking measures to minimize risk or possible infection;
- protecting the infected persons (through rights or confidentiality); and
- prohibiting the imposition of rules on affected persons that would have the effect of unnecessarily limiting participation in educational programs activities or employment.
(Florida Statutes 1001.64, 1006.50, 1006.68, 381.609; Federal Register, December 6, 1991, 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne Pathogens Final Standard, Occupational Safety and Health Administration (OSHA). Guidelines, Center for Disease Control, Atlanta, GA; Federal Vocational Rehabilitation Act of 1973; Florida Educational Equity Act and Chapter 760, Florida Statutes; The Americans With Disabilities Act of 1990; The Civil Rights Acts of 1964 and 1991; CF Board Policy 3.02)
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