Drug-Free Work Environment

  • DRUG­FREE WORK ENVIRONMENT

    FILE: GAMD Cf: GAMA, GAMEB

    The St. Mary Parish School Board, in compliance with the Drug­Free Workplace Act and in an effort to provide a safe, productive environment for students and employees, desires to create and maintain a strictly drug­free work environment.

    All employees shall be given a copy of this policy and shall be thereby notified that any employee who is engaged in the performance of duties shall, as a condition of employment, agree to abide by the terms of this policy and shall further agree to notify the Personnel Office of any criminal drug statute conviction no later than five (5) days after such conviction.

    APPLICABILITY

    This policy applies to all regular, full­time, part­time, probationary, temporary, substitute or contract employees and to employment applicants who have been offered positions with the St. Mary Parish School Board. Compliance with this policy will be required as a condition of employment for qualified applicants and for continued employment for persons employed. The cost of drug testing contract employees is to be borne by the Board.

    EMPLOYEE DRUG TESTING 

    1. The illegal use, manufacturing, distribution, dispensing, sale, or possession of intoxicants, narcotics, drugs, controlled dangerous substances, mood­altering chemicals, including alcohol or drug paraphernalia by any employee while on the job or on school system property or on St. Mary Parish Public School System buses or vehicles shall result in immediate suspension without pay. The Superintendent or designee shall immediately conduct a complete investigation into the matter. If the investigation determines that the employee is guilty of the charge, the Superintendent shall recommend termination or other appropriate disciplinary action to the Board. Nothing in this regulation shall be construed to deny any employee the right to due process under the law. Any illegal substances found in such circumstances shall be turned over to the appropriate law enforcement agency.
    2. Conviction of manufacturing, distribution, dispensing, sale, or possession of narcotics, drugs, controlled dangerous substances, or mood­altering chemicals off duty or off school system premises shall result in immediate suspension without pay and recommendation for job termination.
    3. The use of alcohol (including under the influence) in the workplace and/or possession, concealment, promotion or sale of alcohol or other intoxicants while on the job, on any school system property, or on St. Mary Parish Public School System buses or vehicles is prohibited. Any confirmed violation of this policy by any employee shall result in disciplinary action against the employee with immediate suspension without pay and/or recommendation for job termination. Verification will be determined using a breathalyzer at a local law enforcement agency. Failure to submit to a breathalyzer analysis will result in grounds for immediate suspension and recommendation for job termination.
    4. Laboratory work shall be performed by the Board’s designated drug testing laboratories. Failure to comply with this mandatory requirement may result in disciplinary action, including but not limited to suspension without pay.

     
    Tests Performed

    • Post­Accident: As a condition of continued employment with the St. Mary Parish School Board, any employee involved in an accident during the  course and scope of his or her employment shall be tested for the presence of drugs and alcohol where there is an individualized suspension of wrongful drug use. Both urine and blood samples will be used to test for drugs and alcohol. The accident must render physical harm to the employee  or to others such that a physician’s medical attention is required. In the event of an accident not requiring medical attention but causing property damage in excess of $500, the employee may be drug tested.
    • Reasonable Suspicion: A supervisor may reasonably suspect that an employee illegally uses drugs or abuses legal drugs or alcohol or violates this policy based upon any or all of the following: observation of drug use, conviction for drug­related offenses; reports from reliable, credible sources; or evidence that the employee tampered with a previous test. Any employee may be required to provide a urine and/or blood sample when such reasonable suspicions arise and a higher authority concurs with the supervisor’s suspicions.
    • Random Drug Testing: Random drug testing shall be limited to safety­sensitive positions (transportation, food service, and maintenance/janitorial staff). Each workday should present such employee in a random testing program with a new opportunity of having to produce a sample, with the odds equal for all employees on each new day, regardless of samples previously produced. Urine samples will be used for random drug­testing and breathalyzer samples for screening for alcohol. Confirmation (if needed) of blood alcohol levels shall be performed using blood samples.


    Procedures

    All procedures used in drug testing programs, including collection, sealing and labeling of samples, chain of custody, storage and  transport of specimens, handling of biohazardous wastes, drug testing, reporting of results, review of results and confidentiality of drug testing must be performed in accordance with La. Rev. Stat. Ann. §§49:1001 ­ 49:1015.

    Forensic urine testing shall be performed for all of the following classes of drugs: marijuana, opiates, cocaine, amphetamines, phencyclidine and/or any of the controlled Dangerous Substances as listed in Schedules I, II, III, IV, or V of La. Rev. Stat. Ann. §40:964, as may be amended.

    WORKPLACE TOBACCO USE

    It shall be the policy of the St. Mary Parish School Board that smoking and the use of any tobacco product is strictly prohibited on all St. Mary Parish School Board property (including all School Board grounds and buildings and school buses). Tobacco­free signage shall be posted for employees and visitors at/on all School Board properties. Smoking is herein defined as a lighted cigarette, cigar, pipe or any other lit tobacco product. The use of smokeless tobacco is prohibited as well.

    REHABILITATION

    The St. Mary Parish Public School System’s commitment to employee and student health and safety includes that whenever possible, the St. Mary Parish Public School System will assist employees in overcoming substance abuse problems which are adversely affecting job performance.

    CONFIDENTIALITY

    The St. Mary Parish Public School System recognizes the need to protect individual employee rights. It also recognizes, however, that the public safety of children has been entrusted to its employees and that the first responsibility of the system is to keep that trust inviolate. Referrals made on the basis  of impairment shall be kept confidential unless they place the safety of other adults and/or children in jeopardy or have a statutory requirement of mandatory reporting. The St. Mary Parish Public School System believes that personal information concerning its employees’ fitness for duty should be treated as confidential information and should be made available to others only on a documented need to know basis.

    EDUCATION

    The St. Mary Parish School Board will offer to its employees a drug­free awareness program which will provide employees with information and education about the following issues: 

    1. The dangers of drug abuse in the workplace.
    2. The St. Mary Parish School Board policy maintaining a drug­free workplace.
    3. Available drug counseling or rehabilitation programs.
    4. Any disciplinary action that may be taken against employees for any violation of the Drug­Free Work Environment.

    EMPLOYER RESERVATION OF RIGHTS

    The St. Mary Parish School Board reserves the right to amend, interpret, change, rescind, or depart from this policy in whole or in part. The employee shall be notified in writing of any such changes.

     

    Revised:  September, 1991

    Revised: December, 1992

    Revised:  March, 1995

    Revised: January, 2000

    Recoded:  February, 2003

    Revised: August, 2005

    Revised: January 11, 2007

    Ref:     20 USC 7101 (Safe and Drug­Free Schools and Communities Act) 21 USC 812 (Schedules of controlled substances)

    41 USC 8101 et seq. (Drug­Free Workplace)

    21 CFR 1308.11 et seq.(Schedules of controlled substances)

    La. Rev. Stat. §§17:81, 17:240,40:961, 40:962, 40:963,40:964, 40:967, 40:968,40:969, 40:970, 40:971,49:1001, 49:1002, 49:1005,49:1011, 49:1012, 49:1

    Board minutes, 2­9­89, 11­9­89,5­9­91, 11­10­94, 5­12­05, 1­11­07

    St. Mary Parish School Board