FILE:  GAMD

 

DRUG-FREE WORKPLACE

 

 

The Avoyelles Parish School Board is committed to providing and maintaining a drug-free workplace as defined in the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226).  The Board recognizes the serious risks and detriment to employees, students, co-workers, families, and the general public caused by the manufacture, distribution, dispensation, possession, or use of a controlled dangerous substance or alcohol in or on School Board property.  The Board holds paramount the health and safety of all students and employees in its quest to provide the best educational opportunities in the best teaching-learning environment possible.

 

Employees of the Avoyelles Parish School Board are explicitly prohibited from the unlawful manufacture, distribution, dispensation, selling, possession, or use of controlled dangerous substances or alcohol in the workplace.  Controlled dangerous substances are defined in Schedules I through V of Section 202 of the Controlled Substance Act (21 USC 812) and further defined by regulation 21 CFR 1308:11 through 1308.15.  The workplace is hereby defined as an Avoyelles Parish property or other site where work is performed by an employee of the Board, including the operation of vehicles in the course of Board employment.

 

A controlled drug that is possessed by an employee pursuant to a valid prescription and written management instructions issued by a licensed physician for bona fide medical purposes shall be exempt from the declared policy.

 

The Superintendent shall initiate appropriate disciplinary action against an employee for any violation of this drug-free workplace policy, including termination of employment prior to an employee's conviction in the criminal justice system.

 

IMPLEMENTATION

 

The intent of this policy is to prohibit any and all actions related to controlled substances and alcohol in the workplace by all employees of the Avoyelles Parish School Board.  In order to effectively implement and enforce the policy, the Avoyelles Parish School Board shall:

 

  1. Publish this document as a statement of notifying all employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled dangerous substance or alcohol is strictly prohibited in the workplace and prescribed actions shall be taken against any employee for violating such prohibition.
     

  2. Establish and maintain a drug-free awareness program to inform employees about:

 

    1. The dangers of drug and alcohol abuse;
       

    2. The Avoyelles Parish School Board policy of maintaining a drug-free workplace;
       

    3. The availability of drug counseling, rehabilitation, and Employee Assistance Program (EAP);
       

    4. The penalties which may be imposed upon employees for drug and alcohol abuse violations in the workplace.

 

  1. Require that each employee of the Avoyelles Parish School Board be given a copy of this policy and sign said document yearly.  The signature of the employee shall be verification that he/she has received and read this document.
     

  2. Notify all regular and substitute employees that, as a condition of employment, the employee shall:

 

    1. Abide by the terms of the Drug-Free Workplace policy:
       

    2. Immediately notify the Superintendent or the Director of Personnel of any violation of the Avoyelles Parish School Board Drug-Free Workplace policy by the employee or others;
       

    3. Notify the Superintendent or Director of Personnel of any criminal conviction involving controlled drugs no later than five (5) days after such conviction;
       

    4. Present himself/herself upon request by the Board, according to its established guidelines, to a Board-approved testing facility for a certified urine analysis and/or blood test for substance abuse or alcohol abuse and make the results available to the Superintendent or the Director of Personnel. If the test results are positive, the employee shall be deemed in violation of the drug-free policy;
       

    5. Attend a yearly one hour drug-free awareness program under the sponsorship of the Avoyelles Parish School Board.

 

  1. Provide for restricted random testing for substance abuse under the following circumstances and conditions.
     

    1. Pre-employment:  A prospective employee may be asked to present himself/ herself to a Board-approved testing facility for a certified urine analysis or blood test at his/her expense and make the results available to the Superintendent or the Director of Personnel.  Prospective employees testing positive shall not be considered for employment.
       

    2. Post-accident:  Any employee involved in an accident (during the course of scope of his/her employment) causing physical injury to himself/herself or others, or causing property damage resulting in monetary compensation when it is suspected that drugs or alcohol may have been a contributing cause of the accident, may be tested for the presence of drugs and alcohol.  Reasonable cost shall be paid by the Board.
       

    3. Random testing:  Any employee may be required to provide a urine, saliva, and/or blood sample when there is reasonable suspicion based on observation of drug or alcohol use or possession, apparent intoxication, abnormal or erratic behavior, credible investigation, arrest, or conviction for drug-related offenses, or evidence of employee tampering with a previous drug test.  Reasonable cost shall be paid by the Board.  Random testing may also be ordered for an employee returning to service following the completion of a rehabilitation program.

 

Any employee testing positive shall be in violation of the Avoyelles Parish School Board Drug-Free Workplace policy and shall be subject to the penalties described herein.

 

EMPLOYEE ASSISTANCE PROGRAM

 

The Avoyelles Parish School Board encourages the earliest possible intervention, assessment, and treatment for alcohol abuse and/or chemical dependency.

 

The Board affirms that it is the primary responsibility of the employee to seek assistance and/or treatment voluntarily for any problem associated with drug abuse or chemical dependency. Through an Employee Assistance Program (EAP) coordinated by the Director of Personnel and the Drug-Free Schools and Community Coordinator, the Board will assist employees in recognizing a dependency problem and provide information and suggestions relative to treatment and counseling by a Board-approved facility or unit.  An employee voluntarily referring himself/herself for assistance through the EAP prior to any initial investigative or disciplinary action by the Board shall be given an opportunity to undergo rehabilitation in a Board-approved program without termination of employment.  Termination shall result, however, if the employee refuses treatment, or does not comply satisfactorily with all the conditions of assessment, counseling, or treatment of the referred rehabilitation program.

 

The Avoyelles Parish School Board reserves the right to amend, interpret, change, rescind or depart from the Avoyelles Parish Drug-Free Workplace policy in whole or in part. All employees shall be duly notified in writing of any such changes.

 

 

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 1308.11 et seq. (Schedules of Controlled Substances)

La. Rev. Stat. Ann. ยงยง14:91.7, 17:240, 17:402, 17:403, 17:404, 17:405, 40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971, 40:971.1

Board minutes, 10-19-93

 

Avoyelles Parish School Board