(a) As used in this section, "contagious disease" means any disease so designated by the Center for Disease Control.
(b) The determination of whether an employee of the City who has been diagnosed as having a contagious disease shall be permitted to remain employed in a capacity that involves contact with the public or other employees shall be made by the Mayor on a case-by-case basis. Prior to rendering his decision, the Mayor shall conduct an investigation and consult with the employee and/or his designated representative, the employee's physician and a public health official designated by the Mayor.
(c) In making the determination set forth in subsection (b) hereof, the Mayor shall conduct an investigation and consider:
(1) The reports and recommendations of the employee's physician and the designated public health official;
(2) The physical condition of the employee;
(3) The expected type of interaction the infected employee will have with other members of the workforce and the public;
(4) The impact of that interaction. Pending such determination, the employee shall be permitted to continue working in his current position unless it is determined that he poses an immediate threat to the health or safety of others.
(d) Upon completion of his investigation and determination the Mayor shall do one of the following:
(1) Allow the employee to return to his regular place of employment;
(2) Assign the employee to a work assignment under restrictive conditions;
(3) Place the employee on a leave of absence in accordance with the provisions of Section 139.07 and/or the pertinent provisions of any applicable collective bargaining agreement.
(e) The employee shall receive written notice of the Mayor's determination and shall have the right to file an appeal therefrom in accordance with the rules and regulations of the Civil Service Commission or applicable collective bargaining agreement.
(f) At any time after the Mayor's determination, the employee may request, in writing, a reconsideration of the Mayor's determination. Such a request shall be accompanied by competent medical evidence, indicating a change in the physical condition of the employee.
(g) Where a determination has been made to permit an infected employee to remain in his workplace, all noninfected employees shall be required to continue working with the infected employee.
(h) The medical records of any employee who is the subject of an investigation and determination by the Mayor shall remain confidential, except where disclosure is mandated by law.
(i) The identity of any employee who is the subject of an investigation and determination by the Mayor shall remain confidential and shall not be revealed to the public.
(j) If any sentence, clause or part of this section is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity, shall affect only such
sentence, clause or part of this section and shall not affect or impair any of the other sentences, clauses or parts of this section. (Ord. 68-87. Passed 7-8-87.)