FILE:  GAMD

Cf:  GAMD-E, GAME

 

DRUG-FREE WORKPLACE

 

 

PHILOSOPHY

 

The Vernon Parish School Board is dedicated 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.  Manufacture, distribution, dispensing, or possession or use of a controlled substance or alcohol in or on School Board property presents serious risks and problems for employees with resulting negative effects on students, co-workers, families and the public.  The intent of this policy is to prohibit actions related to controlled substances and alcohol while under said employment.

 

CONFIDENTIALITY

 

The Vernon Parish School Board (VPSB) is committed to the protection of individual employee privacy rights.  Positive drug testing and other incidents involving drugs or alcohol shall be kept confidential unless disclosure occurs within the course of tenure or disciplinary actions or there is a statutory requirement for mandatory reporting.  The Vernon Parish School Board believes that personal information concerning its employees' fitness for duty shall be treated as confidential information.  Confidentiality shall be maintained under the supervision of the Personnel Director who shall keep all records in a special locked filing cabinet.

 

DRUG-FREE WORKPLACE CERTIFICATION

 

In order for Vernon Parish School Board to meet the requirements for certification that are required by the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, the Board hereby declares that:

 

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is hereby prohibited while under said employment. In order to implement and enforce the aforesaid policy the Vernon Parish School Board shall:

 

1.

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 while under said employment and specific actions shall be taken against employees for violation of such prohibition.

 

2.

Establish a drug-free awareness program to inform employees about:

 

A.

The dangers of drug abuse in the workplace;

 

B.

The policy of maintaining a drug-free workplace;

 

C.

The availability of drug counseling, rehabilitation and employee assistance programs;

 

D.

The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

 

3.

Make it a requirement that each employee who is engaged by the Vernon Parish School Board be given a copy of this policy and sign a document that he/she has read and received this document.

 

4.

Notify all regular employees and substitute employees in the statement required by paragraph (a) that, as a condition of employment, the employee will:

 

A.

Abide by the terms of the Drug-Free Workplace.

 

B.

Notify the Board in writing of any criminal controlled drug statute conviction no later than five (5) days after such conviction.

 

5.

The Vernon Parish School Board shall notify the appropriate federal agency within ten (10) days after receiving notice under sub-paragraph (d)(ii), from an employee or otherwise receiving actual notice of such conviction.

 

6.

Within thirty (30) days of receiving notice under sub-paragraph (d)(ii) of a controlled drug related conviction, the employee shall have his/her employment terminated.  Termination proceedings under tenure laws shall be commenced if a tenured employee resists termination.

 

7.

Make a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

 

8.

A controlled drug that is possessed by an employee pursuant to valid prescription issued by a licensed physician for bonafide medical purposes is exempt from the above declared policy.

 

9.

The Superintendent of Schools for Vernon Parish shall institute disciplinary action against an employee for any violation of this drug and alcohol policy including, if appropriate, action for termination prior to an employee's conviction in the criminal justice system.

 

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

 

Employees of Vernon Parish School Board are explicitly prohibited from unlawful manufacturing, making, distributing, dispensing, selling, possession or using controlled substances or alcohol while under said employment.  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.  The workplace includes any Vernon 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 Board employment.  As a condition of employment, the employee shall:

 

1.

Abide by the terms of this Drug-Free Workplace Policy;

 

2.

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

 

3.

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

 

4.

Upon request, an employee shall present himself/herself to a Board approved testing facility for a certified urinalysis for substance abuse or breathalizer test for alcohol abuse and make the results available to the Vernon Parish School Board Personnel Department.  The Board shall pay the cost for the drug or alcohol testing.  If the test results are positive, the employee shall be in violation of this policy.

 

5.

Prospective employees shall be randomly tested for substance abuse and shall upon request, present himself/herself to a Board approved testing facility for a certified urinalysis for substance abuse and make the results available to the Vernon Parish School Board Personnel Department.  The Board shall bear the cost of this test.

 

If the tests results are positive, the prospective employee shall not be employed.

 

6.

School bus operators, substitute operators and operators of activity buses shall be randomly selected for substance abuse testing.  If selected, the employee shall present himself/herself to the Board approved testing facility for a certified urinalysis for substance abuse or breathalizer test for alcohol abuse.  The Board shall pay the cost for the drug or alcohol testing.  If the test results are positive, the employee shall be in violation of this policy.  The Central Office shall furnish the person being tested with appropriate instructions and consent forms.

 

A school bus operator who tests positive for the presence of alcohol of .08 percent or higher or certain drugs on tests administered in the scope of the operator's employment as a school bus operator shall be prohibited from driving a bus or transporting students in any manner until the Board determines the operator may return to driving.

    

Any person engaged in work for the Vernon Parish School Board is subject to Drug-Free Workplace Policy requirements.  If convicted of a criminal controlled drug statute violation, he/she shall be subject to immediate discharge for willful neglect of duty, and to any pre-termination hearing prescribed by law.

 

Revised:  February, 1996

Revised:  May, 1996

Revised:  October, 1997

 

 

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

21 USC 812 (Schedules of controlled substances)

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

21 CFR 1308.11 (Schedules of controlled substances)

La. Rev. Stat. Ann. ยงยง17:81.6, 17:240, 40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971

Board minutes, 3-14-89

 

Vernon Parish School Board