FILE:  GAMD

Cf:  GAMEA, GAMEB

 

DRUG-FREE WORKPLACE

 

 

The West Baton Rouge Parish School Board, in compliance with the Drug-Free Workplace Act of 1988, recognizes its obligation in providing and maintaining a drug-free workplace to remain eligible to receive federal grants and in support of local, state and national efforts to achieve drug-free schools and communities.

 

The West Baton Rouge Parish School Board shall:

 

  1. Advise all employees through the distribution of this policy that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances, drugs, narcotics, and/or intoxicants shall be prohibited in any workplace with the West Baton Rouge Parish School Board.  For any West Baton Rouge Parish School Board employee, the consequences of violation of this prohibition shall be testing for presence of drugs/alcohol in body by a recognized hospital or chemical dependency unit, counseling, reprimanding, termination, or suspension with or without pay while the case is pending in court.  Confirmed or substantial evidence of the use, sale, or possession of controlled substances by any West Baton Rouge Parish School Board employee while off duty or off school premises shall result in immediate suspension without pay and recommendation for job termination.
     

  2. The use or possession of alcohol or other intoxicants while on the job, in any school system workplace, or on West Baton Rouge Parish School Board buses or vehicles is prohibited.  Any violation of the provision by an employee shall result in disciplinary action against the employee with immediate suspension without pay and recommendation for job termination.
     

  3. The West Baton Rouge Parish School Board shall notify all employees that, as a condition of employment, all employees will abide by the preceding statements and notify the Superintendent or a designated representative of the drug statute violation occurring in the workplace no later than five (5) days after such conviction. The Superintendent or a designated representative will notify the agency within ten (10) days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
     

  4. Any employee undergoing any medical treatment involving a controlled substance, with such treatment required to be under the supervision of a licensed physician, must report in writing such treatment to the Human Resources Department with the physician’s documenting statement attached.  Such information shall be regarded as strictly confidential except when needed to support an employee’s failure to pass impairment screening. 
     

  5. All prospective employees of the West Baton Rouge Parish Public School System who have been recommended for employment shall submit to a drug of abuse screening panel and confirmation (when necessary) by the West Baton Rouge Parish School Board designated agent as one of the conditions of employment.  Such testing shall be at the expense of the prospective employee who shall be reimbursed upon that employee’s satisfactorily passing the test and being hired by the West Baton Rouge Parish School Board.
     

  6. In order to accomplish the objectives of this policy, the School Board reserves the right, at all times and in any work area, when circumstances warrant or reasonable cause exists, to conduct unannounced reasonable searches and inspections of School Board facilities.  These searches shall be conducted by authorized supervisors or search personnel, including drug detection dogs.  The areas open to search include but are not limited to lockers, briefcases, desks, boxes, lunch boxes, tool chests, vehicles, and other personal effects of employees.
     

  7. The West Baton Rouge Parish School Board, in order to promote the health and safety of all employees and students, shall routinely conduct impairment screening of all employees to determine fitness for duty.  The following procedures shall be instituted in implementing the impairment screening:

 

    1. Impairment screening shall be regularly scheduled for all employees.
       

    2. Failure to pass impairment screening shall result in the employee being sent home with appropriate sick leave being charged.  The employee shall be instructed to obtain a fitness for duty statement from his or her physician and submit said statement to the Human Resources Department in order to return to his or her duty assignment.  Should an employee be under medical treatment involving a controlled substance or medication which would impair response and affect fitness for duty, documentation should be on file in the Human Resources Department.  A telephone call shall be made to that office by the agency responsible for the impairment screening, substantiating that documentation has been provided.  Determination as to the employee’s fitness for duty shall be made at that time.
       

    3. Any employee failing the impairment screening for the first time without documentation of acceptable medical cause shall be screened periodically during the next six (6) months to ensure continued fitness for duty. 
       

    4. An employee failing the impairment screening for the first time shall be referred to the Employee Assistance Program.
       

    5. An employee failing the impairment screening for a second time shall have that information forwarded to that employee’s immediate supervisor.  The immediate supervisor shall conduct a special conference with the employee documenting the lack of fitness for duty and the adverse impact this lack has on job performance.  Referral to both a physician for a fitness for duty statement to the Employee Assistance Program shall be made at that time.  Any employee failing the impairment screening for the third time without acceptable medical cause shall be screened periodically during the next six (6) months to ensure fitness for duty.  Disciplinary action shall be recommended.
       

    6. An employee failing the impairment screening for a third time shall have that information forwarded to that employee’s immediate supervisor.  The immediate supervisor shall conduct a special conference with the employee documenting the lack of fitness for duty and the adverse impact this lack has on job performance.  Referral to both a physician for a fitness for duty statement and to the Employee Assistance Program shall be made at that time.  Any employee failing the impairment screening for the third time without acceptable medical cause shall be screened periodically during the next six (6) months to ensure fitness for duty.  Disciplinary action shall be recommended.
       

    7. An employee failing the impairment screening for a fourth time shall have that information forwarded to that employee’s immediate supervisor.  The immediate supervisor shall conduct a special conference with the employee documenting the lack of fitness for duty and the adverse impact this lack has on job performance.  At this time probable cause exists, and an urinalysis shall be conducted.  A positive result substantiating drug use shall result in such documentation being submitted to the Human Resources Department along with all other conference reports and recommendations for disciplinary action, and a recommendation for suspension without pay and for termination of employment shall be made.  Refusal to submit to an urinalysis shall result in immediate suspension without pay and a recommendation for termination of employment.
       

    8. Unique circumstances that are deemed by the supervisor as endangering the safety or well-being of the employee or threatening the safety of others shall be referred immediately to the Superintendent and/or his/her designee, who shall refer said employee to the agency designated by the School Board for urinalysis for suspected substance abuse.  In such case, the above subsections b-g of the procedure shall be suspended.
       

    9. Consultation with the West Baton Rouge Parish School Board-approved designated agent is mandatory for any medical testing performed by an employee’s private physician as a result of the above procedure.
       

    10. All Board members as well as West Baton Rouge Parish School Board employees who drive vehicles for the West Baton Rouge Parish School Board shall submit to physical exams and drug of abuse screening panel and confirmation (when necessary) on an annual basis during the first two (2) weeks of August.  Probable cause, throughout the school year, shall result in the employee’s supervisor referring the employee for immediate drug of abuse screening panel and confirmation (when necessary) by the West Baton Rouge Parish School Board designated agent.

 

EMPLOYMENT CONDITIONS

 

Condition of Continuation of Employment

 

Compliance with the School Board’s current or amended Drug-Free Workplace and Employee Alcohol and Drug Testing policies is a condition of continuation of employment.  Failure or refusal of an employee to cooperate fully, sign any required document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment shall be grounds for discipline, up to and including termination.  Violation of any part of these policies shall be grounds for termination.

 

Consequences of Refusal by Employee

 

Any employee refusing to consent to testing or to submit a saliva, urine or blood sample for testing when requested by management shall be subject to disciplinary action, up to and including termination of employment.  Attempted or actual substitution or adulteration of samples shall be equivalent to refusal to submit to testing or equivalent to a positive drug test.

 

Prescription Drugs

 

No prescription drug will be brought on any property owned or operated by the West Baton Rouge Parish School Board by any person other than the one for whom it is prescribed; and such drugs will be used only in the manner, combination, and quantity prescribed.  The use or possession of prescription drugs contrary to this provision shall result in the drug being deemed an illegal drug.

 

Unauthorized Possession or Consumption of Alcoholic Beverages

 

Unauthorized possession or consumption of alcoholic beverages by persons on public school property may result in the person(s) being charged and fined not more than one thousand dollars and imprisoned not less than fifteen (15) days nor more than six (6) months without benefit of suspension of sentence.

 

EMPLOYEE ASSISTANCE PROGRAM

 

Employees who feel they need help with an alcohol or drug abuse problem are urged to contact the Superintendent or his/her designee.  Assistance is available to employees at the employee’s expense.  Assistance may include referral to counseling or medical agencies and a leave of absence for treatment when appropriate.

 

If a leave of absence is necessary for treatment, and is approved, the employee’s position (or one similar to it) will be held open for a reasonable period of time.  After successful completion of treatment, the employee will be reinstated at the same pay without loss of benefits.  Note that a health insurance policy might have some provisions for payment of this type of treatment.

 

After return to work, the employee’s performance, progress, and follow-up treatment shall be monitored.  Failure to continue any recommended therapy shall result in termination.  Failure to follow all Board policies and regulations pertaining to drugs and alcohol shall result in termination.  In addition, an employee may be required to take periodic urine or blood alcohol screenings to verify progress.

 

Any information disclosed by an employee relating to a problem or its treatment shall be treated as confidential.

 

EDUCATION

 

The West Baton Rouge Parish School Board will offer to its employees a drug-free awareness program which will provide employees information and education about the following issues:

 

  1. The dangers of drug abuse in the workplace.
     

  2. The West Baton Rouge Parish School Board policy regarding maintaining a drug-free workplace.
     

  3. Any available drug counseling, rehabilitation, and employee assistance programs.
     

  4. Any disciplinary action that may be taken against employees for any violation of the drug-free work environment policy.

 

CONFIDENTIALITY

 

The West Baton Rouge Parish School Board 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 will be kept confidential unless they place the safety of other adults and/or children in jeopardy or have a statutory requirement for mandatory reporting.  The West Baton Rouge Parish School Board 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.

 

DEFINITIONS

 

Controlled substance is any substance listed in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812), and as further defined by Regulation Act 21 CFR 1308.11 through 1308.15.

 

Conviction is a finding of guilt (including a plea of nolo contendere or imposition of sentence or both) by any judicial body charged with the responsibility to determine the violations of the Federal or State criminal drug statutes.

 

Workplace is any West Baton Rouge Parish School Board property or other site where work is performed by employees of the School Board, whether owned, leased, or used by the school system, at any school-sponsored or supervised activity, in any School Board owned, leased, vehicle, machinery or equipment used in the course of Board employment, including any school bus or any employee workplace.

 

Alcoholic Beverage is any fluid or solid capable of being converted into fluid, suitable for human consumption, and having an alcoholic content of more than 6% by volume, including alcohol, but excluding antiseptics, toilet preparations, and scientific/chemical products unfit for human consumption.

 

Revised:  July, 2007

 

 

Ref:    20 USC 7101 et seq. (Safe and Drug-Free Schools and Communities)

21 USC 812 (Schedules of controlled substances)

41 USC 8101 et seq. (Drug-Free Workplace)

21 CFR 1308 et seq. (Schedules of controlled substances)

La. Rev. Stat. Ann. §§14:91.7, 17:240, 17:402, 40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971

Board minutes, 3-8-89, 7-18-07

 

West Baton Rouge Parish School Board