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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am asked to undergo a Mantoux skin test required by the California Education Code 49406

Customer Question

I am asked to undergo a Mantoux skin test required by the California Education Code 49406 and 76406. I have typed a response citing California Health and Safety code 121475-121520 that I am in full compliance by choosing option 121475(c) an exemption as it is against my beliefs in a signed affadavit. First question, is the safety code I cited (121475-c) applicable or do I have to reference the Ca. Ed. code they are citing(49406 & 76406). Second question, is the affadavit that the TB test is against my belief, sufficient to satisfy their request?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the situation.

Actually, Section 121475 is only the statement of intent of the legislature. Furthermore, it applies to the students in a school---not to the employees.

Section 121505 provides that limitation.
The certificate shall not be required for a person who is subject to an order made pursuant to subdivision (a) of Section 121485, if the parent, guardian, or other adult who has assumed responsibility for his or her care and custody in case of a minor, or the person seeking admission, if an emancipated minor, provides to the governing authority an affidavit stating that the examination required to obtain the certificate is contrary to his or her beliefs. If at any time there should be probable cause to believe that the person is afflicted with active tuberculosis, he or she may be excluded from the school or other institution listed in Section 121485 until the governing board is satisfied that he or she is not so afflicted.

There is no exception to this rule for employees of the school district---which is why you could not find a similar exception tot he requirement in the Education Code. Under CA law, you either take and pass the test, or you may not work in the school district---I'm sorry.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Thanks Again,