FILE:  GAMD

 

DRUG-FREE WORKPLACE

 

 

The Orleans Parish School Board, in compliance with the Drug-Free Workplace Act of 1988, recognizes its obligation in providing and maintaining a drug-free workplace to remain eligible to receive federal grants and in support of local, state and national efforts to achieve drug-free schools and communities.

 

The Orleans Parish School Board shall:

 

  1. Advise all employees through the distribution of this policy that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance and/or intoxicants are prohibited before, during, or after school hours in any workplace of the Orleans Parish School Board.  For any School Board employee, the consequences of violation of this prohibition shall be any or all of the following based on the specific offense: testing for presence of drugs/alcohol in body by a recognized hospital or chemical dependency unit, counseling, reprimanding, termination, or suspension with or without pay while the case is pending in court.  Confirmed or substantial evidence of the use, sale, or possession of controlled substances by any employee while on or off duty or on or off school premises shall result in any or all of the following:

 

    1. Requiring the employee to submit to a drug test from a recognized hospital or chemical dependency unit and presenting to the Superintendent or his/her designee certification from the agency performing the test that ­employee is drug free.

    2. Immediate suspension with or without pay and recommendation for job termination.

 

  1. Notify all employees that, as a condition of employment, all employees shall abide by the preceding statement and notify the Superintendent or his/her designee of any drug-related conviction no later than five (5) days after such conviction. The Superintendent or his/her designee shall notify the contracting federal agency, if applicable, within ten (10) days after receiving notice from an employee or otherwise receiving actual notice of such conviction.

  2. The Orleans Parish School Board shall take one or more of the following actions within thirty (30) days of receiving notice with respect to any employee who is so convicted:

 

    1. Having the Superintendent take appropriate disciplinary action against such employee, up to and including termination; or

    2. Requiring such employee to participate satisfactorily in a drug assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

 

  1. A Drug Awareness Program developed by the Orleans Parish School Board shall inform all employees about:

 

    1. The dangers of drug abuse in the workplace.

    2. The Orleans Parish School Board's policy of maintaining a drug-free workplace.

    3. Any available drug counseling, rehabilitation, and/or employee assistance programs.

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

 

  1. All employees of the School Board who have been recommended for employment shall submit to a drug/alcohol screening by the designated testing agent of the School Board as a condition of employment.  No person who fails the drug/alcohol screening shall be considered for employment with the School Board.

  2. In order to accomplish the objectives of this policy, the School Board reserves the right, at all times and in any work area, when circumstances warrant or reasonable cause exists, to conduct unannounced reasonable searches and inspections of School Board facilities.  These searches shall be conducted by authorized supervisors or search personnel, including drug detection dogs.  The areas open to search include but are not limited to lockers, briefcases, desks, boxes, lunch boxes, tool chests, vehicles, and other personal effects of employees.

 

EMPLOYMENT CONDITIONS

 

Condition of Continuation of Employment

 

Compliance with the Orleans Parish School Board’s current or amended Drug-Free Workplace and Employee Alcohol and Drug Testing policies shall be a condition of continuation of employment.  Failure or refusal of an employee to cooperate fully, sign any required document related to drug-free workplace provisions or alcohol and drug testing related policies, submit to any inspection or test, or follow any prescribed course of substance abuse treatment shall be grounds for discipline, up to and including termination.  Violation of any part of these policies shall be grounds for termination.

 

Consequences of Refusal by Employee

 

Any employee refusing to consent to testing or to submit a saliva, urine or blood sample for testing when requested by management shall be subject to disciplinary action, up to and including termination of employment.  Attempted or actual substitution or adulteration of samples shall be equivalent to refusal to submit to testing or equivalent to a positive drug test.

 

Prescription Drugs

 

No prescription drug shall be brought on any property owned or operated by the Orleans Parish School Board by any person other than the one for whom it is prescribed; and such drugs shall be used only in the manner, combination, and quantity prescribed.  The use or possession of prescription drugs contrary to this provision shall result in the drug being deemed an illegal drug.

 

Unauthorized Possession or Consumption of Alcoholic Beverages

 

No employee shall possess or consume alcoholic beverages on School Board property or at School Board-sponsored events, except as otherwise provided in this Policy Manual.

 

DEFINITIONS

 

Alcoholic Beverage is any fluid or solid capable of being converted into fluid, suitable for human consumption, and having an alcoholic content of more than 6% by volume, including alcohol, but excluding antiseptics, toilet preparations, and scientific/chemical products unfit for human consumption.

 

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 regulations 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 the violations of the Federal or State criminal drug statutes.

 

Workplace is any Orleans Parish School Board property or other site where work is performed by employees of the School Board, whether owned, leased, or used by the school system, at any school-sponsored or supervised activity, in any vehicle, whether or not owned or rented by the Orleans Parish School Board, machinery or equipment used in the course of employment, including any vehicle or any other employee workplace.

 

 

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

 

Orleans Parish School Board