FILE: GAME
Cf: GAMFC
EMPLOYEE SUBSTANCE ABUSE
The Concordia Parish School System is dedicated to providing a drug-free workplace for its employees and the students in their charge. Toward that end, the unlawful manufacturing, distribution, dispensing, possession, and use of alcohol, narcotics, drugs or controlled substances by any employee, shall be prohibited in any workplace, school bus and/or vehicle operated by the Concordia Parish School System. Also the use of drugs, controlled substances, or alcohol off School Board property that adversely affects the employee's job performance, his/her or other's safety at work is prohibited.
Upon official charge of a violation by an employee with regard to manufacturing, distribution, dispensing, possession, or use of alcohol, narcotics, drugs, or controlled substance in the workplace, including school buses and/or vehicles on/off School Board property, the Superintendent or his designee shall immediately conduct a complete investigation into the matter. If violations of School Board policy are found, such conduct may result in discipline, immediate termination, and/or a directive to participate in a sanctioned rehabilitation program. Nothing in this policy shall be construed as to deny any employee the right to due process under the law.
All employees including the new hires, 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 Superintendent or his/her designee of any criminal drug statute conviction, arrest for a violation occurring in the workplace, off School Board property, school bus, and/or vehicle no later than five (5) days after the charge or the conviction.
The Superintendent or his/her designee shall notify the granting agency (for federal grants) within ten (10) days after receiving notice from an employee for such conviction and shall implement the terms of this policy within (30) days of the conviction.
The Concordia Parish School System shall, in good faith, make every effort to continue to maintain a drug free workplace through the implementation of this policy.
EDUCATION
The Concordia Parish School System shall offer to its employees a drug free awareness program which will provide employees information and education about the following.
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 violations of the Federal or State criminal drug statutes.
Workplace is any site for the performance of work for the Concordia Parish School Board.
Official charge refers to a charge brought by an official of the Parish School Board to include, but not limited to, Superintendent, central office staff member, principal, and assistant principal and law enforcement agencies.
SUSPECTED DRUG USE
There must be probable cause in order for administrators to request drug tests of employees suspected of drug use. Suspected employees who refuse the drug tests shall be suspended without pay until the Superintendent can schedule a due process hearing.
VOLUNTARY TREATMENT
The ability to recognize the problems associated with drug abuse and chemical dependency and the implementation of effective intervention programs leading to rehabilitation is essential for a successful EAP (Employee Assistance Program). The School Board encourages the earliest possible intervention and treatment for abuse or chemical dependency.
It is the primary responsibility of the employee to seek assistance and/or treatment. The School Board will assist employees in recognizing a dependency problem and make referral for an assessment by an approved chemical dependency treatment unit. The employee is responsible for all cost of any rehabilitation, counseling, and/or treatment.
Employees referred to an EAP, whether voluntarily or involuntarily will not have their employment or job security interrupted or jeopardized due to participation in assessment, drug screening, treatment, or outpatient counseling.
Policies for leave-of-absence and group insurance coverage shall apply as stated in School Board policies and insurance plan.
An employee or a family member of the employee may contact the EAP coordinator or designated supervisor for assistance in obtaining assessment, counseling, or treatment. Such action is considered voluntary and is strictly confidential.
Applicable supervisors shall use established School Board-approved evaluation procedures to identify job performances that are below "satisfactory." If the supervisor making the evaluation rates the employee in need of improvement or unsatisfactory and suspects alcohol or drug abuse, the employee shall be referred to the EAP coordinator. Such referral is considered involuntary and is mandated policy. The decision to accept assessment counseling and /or treatment is the responsibility of each employee.
An employee who refuses assessment, counseling, and/or treatment; or an employee who undergoes treatment and relapses and whose performance is evaluated to need improvement or is unsatisfactory shall be subject to due process and discipline procedures like any other employee with a similar evaluation rating and may result in personnel actions including termination.
Employee assistance shall be provided to employees, but the costs for services of assessment and/or treatment shall be the responsibility of the employee. The School Board shall provide a leave option for employees who need leave from work for treatment in an approved chemical dependency unit (CDU). The leave shall be provided for employees who voluntarily seek treatment and who are referred to a CDU by the EAP Coordinator.
Any assistance provided to an employee by the EAP Coordinator shall be confidential and referrals of employees shall be made only to qualified and approved chemical dependency units. Employees provided assistance by the EAP must continue to meet the standards of conduct and job performance.
Employees returning from treatment shall be required to sign an Agreement of Recovery if deemed appropriate by the School Board.
EMPLOYEE ASSISTANCE PROGRAM
An Employee Assistance Program (EAP) is offered to all employees of the School Board and the families who may be adversely affected by drug and alcohol abuse or chemical dependency.
An objective of the EAP is to identify employees experiencing alcohol and other drug problems and motivate them to resolve their problems, and provide access to counseling or treatment.
Retaining the employee and improving job performance while improving personal, family, and social relationships is another EAP objective.
Employees shall be referred to the EAP if a confirmed positive test result is indicated. Refusal to cooperate with the EAP coordinator will result in appropriate disciplinary action.
SUPERVISORY TRAINING PROGRAM
All school employees have a person who evaluates their job performance and is in a supervisory position; therefore, supervisors play an important role in providing an environment conducive to a Drug-Free Workplace. Supervisors and administrators shall receive training in recognizing alcohol and drug abuse by its employees.
The EAP Coordinator or designated supervisor shall jointly implement training for supervisors and administrators.
The training will cover the following areas:
Job descriptions for all school supervisors and administrators will reflect their responsibility in providing a Drug-Free workplace.
PROTOCOL FOR AUTHORIZED USE OF PRESCRIBED MEDICINE
Employees of the School Board undergoing medical treatment with any prescribed drug which may alter their mental or physical abilities or behavior may report this treatment to the EAP Coordinator or designated supervisor and must report all prescribed drugs to a Medical Review Officer (MRO) conducting a drug test.
All prescribed medicine must be kept in its original container (medicine bottle) which identifies the drug with the date of the prescription and medical doctor written on container.
ARREST OR CONVICTION UNDER CRIMINAL DRUG STATUTE
Any employee whose position requires a Louisiana Teaching Certificate may be denied the certificate or have it revoked if a certified court record indicates that the individual has received a final conviction by any state or federal court of a felony offense.
A Louisiana certificate may be denied, suspended, or revoked if a teacher presents fraudulent documentation pertaining to his/her certificate to the Board of Elementary and Secondary Education or the Department of Education.
PROHIBITIONS
The School Board promotes drug-free schools and prohibits the following:
Use, possession, manufacture, distribution, dispensation, or sale of illegal drugs or drug paraphernalia on School Board property.
Use, possession, manufacture, distribution, dispensation, or sale of a controlled substance, or alcohol on the property of the School Board and in a vehicle owned by the School Board during business or working hours.
Storing in a locker, desk, automobile, school bus or other School Board premises any illegal drug, drug paraphernalia, controlled substance, or alcohol whose use is unauthorized.
Being intoxicated or under the influence of an unauthorized controlled substance, illegal drug or alcohol on School Board property, in School Board-owned, contracted or leased vehicles, or during working hours and extracurricular activities.
Use of drugs, controlled substances or alcohol off School Board property that adversely affects the employee’s job performance, his/her or other's safety at work.
Arrest and conviction of possession, possession with intent to distribute, or distribution of an illegal drug.
Switching, adulteration, or conspiring to adulterate any urine or blood sample submitted for testing.
Refusing to consent to testing or to submit a breath, saliva, urine, or blood sample for testing when requested by authorized School Board officials, when preemployment, safety sensitive, post-accidental or reasonable suspicion occurs.
Refusing to submit to an inspection of school property, School Board-owned, contracted, or leased vehicles by authorized School Board officials.
Refusing to enter into and /or adhere to the requirements of any drug or alcohol treatment, counseling or recovery program in which the employee is enrolled or required to participate by the School Board.
Failure to notify the EAP Coordinator of any arrest or conviction under any criminal drug statute or alcohol related arrest or conviction within five (5) days of the arrest or conviction.
Failure to report to the EAP Coordinator the use of prescribed drugs which may alter the employee's behavior or physical or mental ability.
Failure to keep prescribed medicine in its original container (medicine bottle).
Refusal, if requested, to sign a statement agreeing to abide by the School Board's Substance Abuse Policy.
Refusal, if requested, to sign an acknowledgment of the sensitive nature of the employee's job if employed in a safety-sensitive position.
Refusal, by an employee in a safety-sensitive job or by a driver subject to testing, to sign an acknowledgment that he/she will submit to random testing for alcohol or drugs as long as the employee remains in a safety-sensitive job or remains a driver subject to testing.
Refusal to properly and fully complete medical questionnaires and consent forms as requested prior to testing.
Refusal to complete the toxicology chain of custody form after submission of a urine or blood specimen.
DRUGS TO BE TESTED FOR
Forensic urine drug testing shall be performed for all of the following classes of drugs: alcohol, marijuana, opiates, cocaine, amphetamines, and phencyclidine, benzodiazepines, and methacholine. The cutoff limits for drug testing will conform to the limits put forth in State Law. Samples of saliva or breath will be used for screening for presence of alcohol. Samples of blood shall be used for confirmation of blood alcohol levels. Applicants who test positive for alcohol shall also have a urine drug screening done at the same time.
ALCOHOL (USE OF) IMPAIRMENT IN THE WORKPLACE AND ALCOHOL TESTING
Use of alcohol in the workplace, possession, concealment, transportation, gifts and/or promotion or sale of alcoholic beverages in the workplace are strictly prohibited. Use of alcohol on or off school or School Board premises during working hours including lunch breaks and any other break during the scope of employment is strictly prohibited. Use of alcohol while driving Concordia Parish School or School Board vehicles whether on or off-duty is strictly prohibited. Any employee whose off-duty use or abuse of alcohol results in excessive absenteeism or tardiness or is the cause of or a contributing factor in accidents or poor work performance, his/her own or others' safety at work, or the school or School Board's regard or reputation in the community is strictly prohibited.
Being under the influence of alcohol during the scope of employment (for example, on school or School Board premises, or school or School Board business, in school or School Board supplied vehicles, or during working hours, etc.) is strictly prohibited. Impairment or "being under the influence or alcohol" is defined as a blood alcohol content of 0.10%. Presence of alcohol in one's body system is strictly prohibited during the scope of employment. Presence of alcohol is defined as any concentration of blood Concordia Parish School Board alcohol at the level of or above 0.02%.
Whenever current School Board policy requires an employee to undergo a physical exam, the examination may include a breath or saliva screening test and/or blood confirmatory test for alcohol. An employee who tests positive at or above the level of 0.02% for alcohol during such a physical exam will be in violation of this policy.
Pre-employment, post-accident, reasonable suspicion, rehabilitative and random testing for alcohol will be performed in Concordia Parish in accordance with this policy. Breath or saliva samples may be used for screening for blood alcohol, while gas chromatography will be used for confirmation of blood alcohol levels.
A positive screening test for blood alcohol will necessitate the removal of the employee from duty pending the confirmation by gas chromatography. Said employee shall be subject to possible disciplinary action or termination after confirmation of the blood alcohol.
TYPES OF DRUG TESTING
Pre-employment - Any applicant for employment with the School Board may be tested for illicit drug or alcohol use. Urine, breath, or a\saliva samples shall be used for screening or drug or alcohol use. Drug testing must be conducted and negative results received prior to employment becoming official. Confirmation of drug or alcohol levels shall be performed at the System's expense.
Post-accident - As a condition of continued employment with the School Board, any employee involved in an accident during the course and scope of his/her employment shall be tested for the presence of drugs and alcohol if there is adequate suspicion or evidence that drugs or related substances may have been the proximate cause of the accident. Both urine and blood or breath samples will be used to test for drugs or alcohol.
Reasonable Suspicion Testing - 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, apparent drug intoxication, abnormal or erratic behavior; investigation, arrest, or conviction for drug-related offenses; or evidence that employee tampered with a previous drug test. Any employee may be required to provide a urine, saliva and/or blood sample when such reasonable suspicions arise and a higher level authority concurs with the supervisor's suspicions.
Random Drug Testing - Random drug testing shall be limited to safety-sensitive and security-sensitive positions. Each workday should present each 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 by any of them. Urine samples will be used for random drug testing and breath or saliva samples for screening for alcohol. Confirmation of blood alcohol levels shall be performed using blood samples.
Employees in safety-sensitive or security sensitive positions shall include:
Any employee or contracted person operating a public or contracted vehicle including those who hold CDL's.
One who transports children or employees in a vehicle.
Any employees or contracted person using or operating tools, equipment, or machinery that may place that person or others in a dangerous situation.
Any employee who may at any time during their described duties by required to perform duties that are safety-sensitive or security-sensitive.
Any employee who may be required to handle drugs or weapons.
"Security-sensitive" positions include all employees under bond and financial/computer personnel.
Rehabilitative - Employees found to be using drugs or alcohol in violation of this policy are referred to an Employee Assistance Program, which may assess treatment progress with further drug or alcohol monitoring. Continued employment shall be contingent upon drug and alcohol abstinence to deter relapse. Monitoring for the presence of drug or alcohol use shall be frequent, unannounced, and with urine specimens collected under direct observation. Blood, a\saliva, and/or urine may be used as samples for monitoring drug or alcohol use.
Voluntary Testing - Some employees may wish to volunteer to participate in random drug tests even though they are not in sensitive positions requiring random testing. Such employees do not volunteer to provide samples at self-selected time, but to participate in random, unannounced urine collection.
RANDOM TESTING FOR EMPLOYEES
General
The immediate supervisor shall be responsible for establishing a schedule of random testing for employees in safety sensitive positions subject to unannounced random drug testing. Upon the hiring of any new employee, the immediate supervisor shall provide written notice to each employee occupying a position subject to random drug testing. The immediate supervisor shall arrange for the services of collection site personnel, laboratories and Medical Review Officers, qualifies as required by law.
Procedures
Planned testing dates and the identity of the designated employees to be tested must be kept in strictest confidence. Confidentiality is required in order to ensure that employees do not have advance warning and to protect the integrity of the testing program. The immediate supervisor will select the individual employees to be tested each testing date using a blind computer assisted program or a similar method by which the designated employees are selected without the identification of their names until selected. Use of a program utilizing social security numbers or employee ID numbers may be used. Due to the random selection method, an employee may be subject to testing more than once a year.
Employees selected for random testing and each individual’s first line supervisor would be notified the same day the test is scheduled, preferably within two (2) hours of the scheduled test. Normally the immediate supervisor shall notify the employee after receipt of written confirmation from the EPA Coordinator of the name of the employee, the test site and time for the test.
Employees so designated shall be required to report to the location of the collection site together with appropriate photo identification within two (2) hours of the notification by their supervisor. Site collectors would give the employees a briefing on the procedures that will be followed during the testing process to help alleviate their concerns.
To the extent possible, the EPA Coordinator shall make arrangement for collection personnel to minimize the disruption in work schedules. The EPA Coordinator shall schedule a minimum of one test date each month, which date is to be confidentially maintained until notice is provided to department heads for notification to supervisors of the designated employees.
DRUG TESTING 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 bio-hazardous wastes, drug testing, reporting of results, review of results, and confidentiality of drug testing, must be performed in accordance with Act 1036 of the 1990 Louisiana Legislature.
Collection of forensic urine specimens shall be collected with a rigorous chain of custody, security of the specimen, and with regard to the privacy of the individual. Handling and disposal of bio-hazardous waste shall be in accordance with proper safety procedures.
Direct observation of the employee during collection of the urine specimen is not allowed except under the following circumstances:
There is reason to believe that the individual may alter or substitute the specimen to be specifies.
The individual has provided a urine specimen that falls outside the acceptable temperature range as listed in the NIDA guidelines.
The last urine specimen provided by the individual was verified by the medical review officer as being adulterated based upon the determinations of the laboratory.
The collection site person observes conduct indicating an attempt to substitute or adulterate the sample.
The individual has previously been determined to have a urine specimen positive for one or more of the drugs; the testing of which is regulated by Act 1036, and is being tested for purposes of follow-up testing upon or after return to service.
The type of drug testing is post-accident or reasonable suspicion/cause.
All direct observation shall be conducted by a same gender collection site person. A designated representative of the School Board shall review and concur in advance with any decision by the collection site person to obtain a specimen under direct observation.
Drug testing of employee specimens shall be performed in compliance with the NIDA guidelines in a NIDA certified or CAP-FUDT certified laboratory. The cut-off limits for drug testing shall be in accordance with NIDA guidelines.
Arrive at testing site and present yourself as an employee of the Concordia Parish School system to have a drug test.
The employee must have picture identification, preferably a driver's license.
The employee proceeds to fill out the drug screen form.
The employee is them given the urine sample cut with which to obtain the sample. At this time, the employee is instructed to leave all loose and unnecessary clothing (coats, jackets, and sweaters) and all handbags and packages at the lab desk.
The employee is then directed to the bathroom where he will produce the urine sample. The toilet will contain a blue dye and the employee is instructed not to flush. The faucet has para-film around it to prevent the employee from adding water to the specimen.
The employee then brings the urine sample back into the lab. The employee should stay and observe the handling of the specimen until it is secure in the chain of custody bag.
As the security package is being completed, the employee will be instructed where to sign to keep the chain of custody intact.
When the package is sealed, the employee will be given a copy of the paperwork and be allowed to leave.
The sealed container will be taken by Fed Express courier to Laboratory Specialist where the testing will be performed if applicable.
Upon receipt of the Drug Test result at testing facility, the result will be mailed to the designated contact person for Concordia Parish School Board.
All results of employee drug testing shall be reviewed by the Medical Review Officer in accordance with ACT 1036. The confidentially of such results shall be maintained. Copies of positive results will be sent to the EAP Coordinator in a sealed envelope.
The School Board shall notify all applicants testing positive on the initial screening tests of preemployment testing that the positive drug screen result may be confirmed and reviewed by a Medical Review Officer at the applicant's own expense. Any pre-employment applicants testing positive on the initial testing without confirmation and review by the Medical Review Officer shall be removed form the list of the available applicants for job positions. Any pre-employment applicants with confirmed positive test results followed by medical officer review shall be removed form the list of available applicants for job positions.
CONSEQUENCES FOR VIOLATION OF POLICY
Compliance with the School Board's Policy on Alcohol and Drug-Free Workplace is a condition of employment. Persons applying for a position with the School Board must cooperate and failure or refusal to cooperate fully, sign any required document, submit to any inspection or test or follow any prescribed course of assessment is grounds for non-employment.
The School Board may discipline or terminate any employee working in a safety-sensitive job who violates the Alcohol and Drug-Free Workplace Policy.
Employees violating the section of this policy on "Prohibitions" may receive severe disciplinary action which could lead to termination. This applies to safety-sensitive as well as non-safety-sensitive employees.
Employees who violate this policy or who do test positive for drugs or alcohol following an accident will be referred to the EAP Coordinator. Based on assessment, an employee will be referred for counseling or treatment or may be terminated. Employees referred to the EAP Coordinator as a result of a positive test for alcohol and drugs must immediately cease any alcohol abuse or drug use, must subject themselves to periodic unannounced testing for a period of sixty (60) months, and must comply with all other conditions of assessment, counseling, or treatment. Employees who undergo counseling or treatment for alcohol or drug abuse and continue to work must meet all standards of conduct established by the School Board as well as satisfactory job performance.
The School Board will promptly discipline any employee who tests positive for alcohol or drug abuse while undergoing counseling or treatment.
Ref: 49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991) (PL 102-143)
49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)
49 CFR 40.1 et seq. (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)
49 CFR 382 (Controlled Substances and Alcohol Use and Testing)
49 CFR 391 (Qualifications of Drivers and LCD Instructors)
La. Rev. Stat. Ann. §§17:81, 23:1601, 49:1111
Board minutes, 12-6-94, 10-5-99
Concordia Parish School Board