FILE: GAMD
RAPIDES PARISH SAFE AND DRUG-FREE WORKPLACE
PHILOSOPHY
The Rapides Parish School Board is dedicated to providing and maintaining a safe and drug-free workplace as defined in the Safe and Drug-Free Schools and Communities Act Amendment of 1989, Public Law 101-226. Manufacture, distribution, dispensing, or possession or use of a controlled substance or alcohol in or on School Board property presents serious risks and problems with resulting negative effects on students, co-workers, families and the public. The intent of this policy is to prohibit use or possession of controlled substances and alcohol in the workplace by employees.
CONFIDENTIALITY
The Rapides Parish School Board (RPSB) is committed to the protection of individual employee privacy rights. Positive drug testing and other incidents involving drugs or alcohol will be kept confidential unless disclosure occurs within the course of tenure or disciplinary actions or there is a statutory requirement for mandatory reporting. The Rapides Parish School Board believes that personal information concerning its employees' fitness for duty will be treated as confidential information. Confidentiality will be maintained under the supervision of the Personnel Director who shall keep all records in a special locked filing cabinet.
COORDINATION WITH BOARD'S EXISTING POLICY COVERING BUS OPERATORS AND OTHERS WHOSE EMPLOYMENT REQUIRES COMMERCIAL LICENSES
This general drug policy is not intended to supplant or replace the board's existing policy regarding drug and alcohol testing of bus operators or holders of commercial drivers' licenses. In the event of conflict between that policy and this general policy, the CDL policy shall prevail. Additionally, the testing methods and procedures provided by that policy are adopted by reference herein.
DEFINITIONS
For the purpose of this Safe and Drug-Free Workplace Policy and for certification that Rapides School Board maintains a safe and drug-free workplace, the following definitions will be used:
“Accident/Trucking” means in the case of drivers, an accident is defined in 49 CFR 382 as an occurrence involving a commercial motor vehicle engaged in intrastate, interstate or foreign operations of a motor carrier subject to the DOT Act which results in the death of a human or bodily injury to someone who must therefore receive immediate medical treatment away from the scene, or damage to either vehicle requiring towing away from the scene.
“Act-Alike Drugs” mean those chemicals not manufactured to closely resemble controlled substances, but which are promoted in the same way and which contain the same ingredients as look-alike drugs.
“Alcohol or Intoxicating Beverage” means any liquid that may be legally sold and consumed, and that has an alcohol content in excess of ½ of 1% by volume.
“Controlled Drugs” means those drugs or chemical substances placed on a schedule or in special categories to prevent, curtail or limit their distribution and manufacture as defined by the Controlled Substance Act of 1970, as amended.
“Covered Position” means any position which falls under the guidelines of Department of Transportation 49 CFR 382.
“Designer (Synthetic) Drugs” mean those chemical substances that are made in clandestine laboratories where the molecular structure of both legal and illegal drugs is altered to create a drug that is not explicitly banned by federal law.
“Drug” means any chemical substance, including alcohol, that either produces physical, mental or emotional change in the user, or one that is capable of altering the mood, perception, pain level, or judgment of the individual consuming it.
“Drug Abuse” means the use of a drug or chemical substance for other than medical purposes which results in the impaired physical, mental, or emotional well-being of the user.
“Drug Misuse” means the unintentional or inappropriate use of prescription or over-the-counter drugs or chemical substances, which results in impaired physical, mental, or emotional well being of the user.
“Drug-Related Paraphernalia” means any material, equipment or items used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an illegal, unauthorized controlled or dangerous substance.
“Employee/Trucking” means a person employed in operating any self propelled or towed vehicle used on public highways in interstate commerce to transport passengers or property when:
the vehicle has a gross weight rating or gross combination weight rating of 26,001 or more pounds.
the vehicle is used in the transportation of hazardous materials requiring placarding under the jurisdiction of 49 USC 1801-1813.
the vehicle is designed to transport more than 15 passengers including the driver.
“Illegal Drug” means any drug (a) which is not legally obtainable or (b) which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposed.
“Legal Drug” means any prescribed drug or over-the-counter drug which has been legally obtained and is being used for the purpose for which it was prescribed or manufactured.
“Look-Alike Drugs” mean a tablet, capsule, powder or liquid containing controlled over-the-counter ingredients whose physical appearance resembles various prescription drug products which contain popular substances of abuse and are regulated under the provisions of the Controlled Substance Act of 1970, as amended.
“Medical Review Officer (MRO)” means a licensed physician, either a doctor of medicine or a doctor of osteopathy, knowledgeable in drug abuse disorders, including the medical effects of prescription drugs and the pharmacology and toxicology of illicit drugs.
“Non-Covered Position” means any position which does not fall under the guidelines of Department of Transportation 49 CFR 382.
“Possession” means actual physical possession or constructive possession or dominion or control or being under the influence as above defined.
“Prescribed Drug” means any substance for which a prescription has been written by a licensed medical practitioner for consumption by the individual for whom it is written or ordered.
“Prohibited Drug” means any of the following substances specified in Schedule I or Schedule II of the Controlled Substances Act, 21 USC 801, 21 USC 802: marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). In addition, “prohibited drug” includes any substance in Schedule I or II if prior approval obtained from FMCSA pursuant to testing.
“Reasonable Suspicion” means a supervisor’s or management level employee’s of Rapides Parish School Board belief based upon objective and articulable facts, based on specific, contemporaneous physical, behavioral, or performance indicators, sufficient to lead a prudent person to suspect that any employee is using drugs or alcohol, or otherwise is in violation of this policy.
“Theft/Stolen Property” means the taking, asportation, conversion, misappropriation or unauthorized removal, concealment, or use of Rapides Parish School Board’s other employees, persons, or companies, and including but not limited to, materials, facilities, tools, documents and proprietary information, or items of property of other employees, persons or companies.
“Under the Influence" means for the purpose of this policy an employee is “under the influence” if an employee is affected by a drug, chemical substance or alcohol, or the combination of a drug, chemical substance or alcohol in any detectable manner. The symptoms or influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can be established by a professional opinion, a scientifically valid test and, as in the case of alcohol, by a lay person’s opinion.
“Use” means an employee has smoked, ingested, injected, imbibed, inhaled, drunk, or otherwise taken internally a prohibited substance recently enough that it is detectible by scientific testing or by the employee’s physical appearance, actions, breath, or speech.
“Weapons” for the purpose of this policy, the term “weapons” includes firearms, guns, knives, explosives, ammunition or other similar items. The use, possession, transfer, storage, concealment, transportation or sale of which is not specifically authorized or allowed on Rapides Parish School Board’s property by the Superintendent of Rapides Parish School Board or his/her designated representative.
"Workplace" means any Rapides Parish School Board property or any other site for the performance of work done in connection with employment by the Board, including the operation of vehicles in the course and scope of employment.
SAFE AND DRUG-FREE WORKPLACE CERTIFICATION
In order for Rapides Parish School Board to meet the requirements for certification that are required by the Safe and Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101226, the Board hereby declares that:
The unlawful manufacture, distribution, dispensing, possessions or use of a controlled substance or alcohol is hereby prohibited in the "Workplace" and at all Rapides Parish School Board functions. In order to implement and enforce the aforesaid policy, the Rapides Parish School Board will:
Publish this document as a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is prohibited in the workplace and specific actions will be taken against employees for violation of such prohibition.
Establish a safe and drug-free awareness program to inform employees about:
The dangers of drug abuse in the workplace
The policy of maintaining a safe and drug-free workplace
The availability of drug counseling, rehabilitation and employee assistance programs; (L I F E: Living Improvement For Every One)
The penalties that may be imposed upon employees for drug or alcohol abuse violations occurring in the workplace.
Make it a requirement that each employee who is engaged by the Rapides Parish School Board be given a copy of this policy and sign said document. The employee's signature is the indicator that he/she has read, received and understood this document.
Notify all regular employees and substitute employees in the statement required by paragraph (A) that, as a condition of employment, the employee will:
Abide by the terms of the Safe and Drug-Free Workplace Policy
Notify the Board of any criminal controlled drug statute conviction no later than five days after such conviction.
The Rapides Parish School Board shall notify the appropriate federal agency within ten (10) days after receiving notice under subparagraph (D) (2), from an employee or otherwise receiving actual notice of such conviction.
Within thirty (30) days of receiving notice under subparagraph (D) (2) of an employee's controlled drug related conviction, the employee shall be recommended for termination. Termination proceeding under Board policy or tenure laws will be commenced if an employee refuses to resign.
Make a good faith effort to continue to maintain a safe and drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), (F).
A controlled drug that is possessed by an employee pursuant to a valid prescription issued by a licensed physician for bona fide medical purposes is exempt from the above declared policy. All prescribed medicines must be kept in its original container, which identifies the drug with the date of the prescription and medical doctor written on the container. Use or misuse of prescription drugs resulting in obvious drug intoxication so that the safety of employees, students or others is endangered is a violation of this policy.
The Superintendent of Schools for Rapides Parish shall institute disciplinary action against an employee for any violation of this drug and alcohol policy including, if appropriate, action for termination. An employee's conviction in the criminal justice system is not a prerequisite to an action for termination.
If the employee admits he/she has a drug/alcohol abuse problem before the day of testing he/she shall enroll in an approved drug/alcohol counseling program (at the employee's expense), abide by the program’s recommendations and be subject to unannounced random drug testing on a weekly and or monthly basis (at the employee's expense) for the next five (5) years as long as long as he/she is a Rapides Parish School Board employee.
Employees returning to duty after completion of rehabilitation must be given unannounced drug/alcohol tests, as scheduled by the MRO, in addition to being subject to the other types of testing. The period of such testing may not exceed sixty (60) months after the employee has returned to duty.
POLICY FOR CONTRACTORS AND SUBCONTRACTORS
The Rapides Parish School Board Alcohol and Drug Abuse Policy applies not only to its own employees, but equally to all employees of contractors and subcontractors while in the scope of contract employment for the Board or on the premises of the Board.
EMPLOYER RESERVATIONS RIGHTS
The Rapides 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. Nothing in this policy alters an employee's status.
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. §§14:91.7, 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, 8-5-03, 3-7-06
Rapides Parish School Board