FILE:  GAMEA

Cf:  GAMD, GAMEB

ALCOHOL AND DRUG TESTING PROCEDURES - GENERAL PROCEDURES

STATEMENT OF NOTICE THAT CONTROLLED DRUGS AND ALCOHOL ARE PROHIBITED ON SCHOOL BOARD PROPERTY

Employees of the Rapides Parish School Board are explicitly prohibited from unlawful manufacturing, making, distributing, dispensing, selling, possessing or using controlled substances or alcohol in the workplace.  Controlled substances are defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) and further defined by regulation at 21 CFR 1308.11 through 1308.15 and includes those substances described as Controlled Dangerous Substances by Louisiana Law.  The workplace is any Rapides Parish School Board property or other site where work is performed by employees of the Board, including the operation of vehicles in the course of School Board employment.  As a condition of employment, the employee shall:

1. Abide by the terms of this Safe and Drug-Free Workplace Policy;
   
   

2. Notify the Rapides Parish School Board Personnel Department of any criminal controlled drug statute conviction of the employee no later than five (5) days after such conviction.
   
   

3. Immediately notify the Rapides Parish School Board Personnel Department of any violation of the Rapides Parish School Board Drug and Alcohol Policy by the employee or by others.
   
   

4. Upon request, an employee shall present himself/herself for a Board approved certified testing of urine for substance abuse or blood or other test for alcohol abuse within two (2) hours.  Within the two (2) hours if the employee fails to produce the sample, a hair sample will be taken and the results of the testing made available to the Rapides Parish School Board Personnel Department.  The School Board shall pay the reasonable cost for the drug or alcohol testing.  If the results are contested, then the second test shall be at the expense of the employee.  The same sample will be used if a second test is requested.  If the test results are positive, the employee shall be in violation of this policy.  If the employee fails to be present for testing upon reasonable request, the employee shall be in violation of this policy.
   
   

5. Prospective employees shall be randomly tested for substance abuse and upon request, the employee shall present himself/herself for a Board approved testing (within two (2) hours) for a certified urinalysis for substance abuse and make the results available to the Rapides Parish School Board Personnel Department.  The Board shall bear the reasonable cost of this test.  If the test results are positive, the prospective employee shall not be employed.

Direct observation of the employee during collection of the urine specimen is not allowed expect under the following circumstances:

1. There is reason to believe that the individual may alter or substitute the specimen to be specified.
   
   

2. The individual has provided a urine specimen that falls outside the acceptable temperature range as listed in the NIDA guidelines.
   
   

3. 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.
   
   

4. The collection site person observes conduct indicating an attempt to substitute or adulterate the sample.
   
   

5. 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.
   
   

6. 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 Rapides Parish School Board shall review and concur in advance with any decision by the collection site person to obtain a specimen under direct observation.  Any employee engaged in work for the Rapides Parish School Board is subject to Safe and Drug-Free Workplace Policy requirements.

All employees of the Rapides Parish School Board shall attend a yearly one hour safe and drug-free awareness program.  Employees shall be given a copy of this policy and shall be required to acknowledge receipt of and understanding of it.  Failure to complete these requirements shall constitute a violation of the Safe and Drug-Free Workplace Policy.

EMPLOYEES IN SAFETY AND SECURITY POSITIONS

This section of the policy applies to all employees of the Rapides Parish School Board who hold safety and security sensitive positions including, but not limited to, those who work with power equipment, toxic or dangerous chemicals, drive Rapides School Board vehicles, transport students in buses or vans or receive compensation/reimbursement from the Rapides School Board for the use of a personal vehicle while on school business.  Employees in safety-sensitive or security-­sensitive positions shall include:

1. Any employee or contracted person operating a public or contracted  vehicle.
   
   

2. One who transports children or employees in a vehicle.
   
   

3. Any employee or contracted person using or operating tools, equipment, or machinery that may place that person or others in a dangerous situation.
   
   

4. Any employee who may at any time during their described duties be required to perform duties that are safety-sensitive or security-sensitive.
   
   

5. Any employee who may be required to handle drugs or weapons.
   
   

6. Rapides Parish School Board reserves the right to require employees to submit to medical, physical, or psychological evaluations or examinations at any time as to fitness for duty.  Such examinations or evaluations may include, but are not limited to hair, sweat, urine drug/substance screens, blood or plasma tests, saliva/breath tests, or other examinations or tests as deemed appropriate to determine the use of illegal or unauthorized drug, alcohol or chemical substance prohibited by this policy or to establish the employee’s fitness for duty to include medical, physical or psychological.

In order to promote the health and safety of all employees and students, the Rapides Parish School Board shall conduct drug testing of the employees in safety and security sensitive positions.

Testing shall occur as follows:

1. Pre-employment - two (2) hours to provide a specimen and after two (2) hours a hair specimen shall be collected.  In the case of drivers, Rapides Parish School Board will comply with the Code of Federal Regulations.
   
   

2. Upon reasonable belief by a supervisor that an employee is in violation of this policy.  Employee has two (2) hours to provide a specimen, after which a hair specimen shall be collected.
   
   

3. Directly after the occurrence of a vehicular accident where a police report is required.  (Not to supercede CDL Substance Abuse policy.)
   
   

4. Random, quarterly selection (minimum).  Two (2) hours to provide a specimen.
   
   

5. As a condition of continued employment, the Rapides Parish School Board, as of August 12, 1998, may require samples from a school system employee for alcohol/drug testing in the following circumstances:

1. 1. When an employee is involved in any accident during the course and scope of his/her employment;
      
      

   2. Under other circumstances which result in reasonable suspicion that drugs are being used by the employee.
      
      

   3. As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement
      
      

   4. In connection with any required periodic medical exams;
      
      

   5. As part of a program of random drug testing of designated employees who occupy safety-sensitive or security-sensitive positions.

6. Post-Accident/Incident Testing – Any employee whose performance either contributed to an accident/incident or cannot be completely discounted as a contributing factor to the accident/incident shall be tested.  The employee shall be tested within two (2) hours at the discretion of appropriate supervisor.

In addition, when an employee is injured as a result of a job-related accident and who after alcohol/drug testing is determined to be intoxicated under the standards set forth in La. Rev. Stat. Ann. §23:1081 or the employee refuses to immediately submit to such testing, then in accordance with state law such employee shall be presumed to be intoxicated at the time of the accident and may be denied workers' compensation benefits in addition to any other authorized action.

It shall be the responsibility of the Coordinator of Drug Education and/or Director of Transportation to coordinate and maintain the proper procedures for drug testing. No employee shall be tested without their consent; however, failure to provide a specimen for drug or alcohol testing, within two (2) hours, upon reasonable request is a violation of this policy and the Superintendent will recommend termination of anyone who refuses to test.

All employees of Rapides Parish School Board and its subsidiaries are subject to the following actions:

Any Rapides Parish School Board employee who is found in possession, use or transportation of any illegal substances, contraband, unauthorized possession of Rapides Parish School Board’s property or other employees’ property, or any of the herein mentioned drugs, chemical substances or property, or unauthorized items, or who has been convicted of a drug related offense, will be subject to disciplinary action, up to and including termination of employment.  Preliminary findings of a policy violation may require that the employee be suspended pending the results of an investigation.

No adverse action shall be taken against any employee based on a confirmed positive testing result if the employee demonstrates reasonable doubt as to either the accuracy of the result or the chain of custody of the sample.

REHABILITATION

Employees not terminated for violation of this policy may be required to participate in drug or alcohol rehabilitation programs.  These employees will be referred to the Drug Education Supervisor's 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, saliva, hair and/or urine may be used as samples for monitoring drug or alcohol use.  Other than follow up drug and alcohol testing, the Board shall have no financial responsibility for any employee's rehabilitation program.

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 School Board or on the premises of the School 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:    49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)

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)

La. Rev. Stat. Ann. §§17:81, 23:897, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015

United Teachers of New Orleans et al. v. Orleans Parish School Board and Jefferson Parish School Board, et al, 142 F.3d 853 (1998)

Board minutes, 8-5-03, 3-7-06

Rapides Parish School Board