GAME, Employee Alcohol, Drug, and Substance Abuse

FILE: GAME

EMPLOYEE ALCOHOL, DRUG, AND SUBSTANCE ABUSE

The Zachary Community School Board, sometimes hereafter referred to as the School Board, has a strong commitment to its constitutionally mandated mission to provide a safe work force and to establish policies promoting high standards of employee health and safety. In keeping with these commitments, it is the School Board's intent to maintain a drug/alcohol-free work force.

Employees are expected to report to work in a physical and emotional condition that will allow them to perform their assigned tasks in a competent and safe manner. The use, abuse, presence in the body, or reporting to work under the influence of alcohol, drugs, and other substances by an employee limits the ability of the user to exercise good judgment, react properly in unexpected situations, perform tasks safely and efficiently, and endangers not only that employee, but fellow employees, the students, and the general public. The Zachary Community School Board has implemented this policy to eliminate these problems and to meet the following objectives:

PURPOSE AND OBJECTIVES

A.	To assist in maintaining a safe and healthful working environment for employees of the Zachary Community School Board.
B.	To maintain a drug/alcohol-free workplace and a drug/alcohol-free work force.
C.	To provide counseling and/or rehabilitation assistance for employees when appropriate.
D.	To prevent accidental injuries and to protect property.
E.	To prevent the occurrence of incidents, the consequences of which may drastically affect the safety end the future of School Board operations.
F.	To minimize absenteeism and tardiness.
G.	To improve productivity and to ensure quality work.
H.	To protect the reputation of the School Board and employees within the community.
I.	To protect the community and the general public.

This policy shall apply to all regular and part-time employees and to employment applicants.

SCHOOL BOARD PREMISES

For the purposes of this policy, the term "School Board's premises" for the Zachary Community School Board includes all property, offices, facilities, land, platforms, buildings, structures, fixtures, installations, automobiles, trucks, buses, and all other vehicles and equipment, whether owned, leased or used. This policy also includes all areas under the School Board's control, any other work location or mode of transportation to and from those locations during working time (while in the course and scope of Zachary Community School Board employment or pay status, and while on any activity for the Zachary Community School Board such as athletic events or field trips. This list is illustrative and not exclusive.).

SCHOOL BOARD STATEMENT

This is to notify all employees that the use, abuse, presence in the body, reporting to work under the influence, bringing onto the School Board's premises, possession, transfer, storage, concealment, transportation, promotion or sale of illegal and unauthorized drugs and substances or illegal drug related paraphernalia by employees and others is strictly prohibited out the School Board's premises, or while on School Board business. Prohibited substances are defined and explained as fellows:

Possession or use by an employee any substance in Schedules l, II, III, IV, and V of La. Rev. Stat. Ann. §40:964, presently or as amended, and any substance added to the schedules pursuant to La. Rev. Stat. Ann. §40:962 presently or as amended, is a violation of this policy. These substances will be hereinafter be referred to as controlled substances. Possession and use of controlled substances pursuant to a valid prescription is not a violation of this Section, but is subject to Section c below.

UNAUTHORIZED ALCOHOLIC OR INTOXICATING BEVERAGES

An employee whose blood alcohol concentration is 0.04 or greater during working time is in violation of this policy.

PRESCRIBED CONTROLLED SUBSTANCES

1.	Employees who have been informed that medication could cause adverse side effects while working or whose prescription indicates such warning, shall inform their supervisor prior to using such substances on the job. Employees shall possess only a reasonable amount of medication.
2.	The employee shall not consume prescribed drugs more often than prescribed by the employee's physician.
3.	The employee whose name appears on the prescription label shall not allow another person to consume his/her prescribed drugs.
4.	All medicine shall be in its original container and shall be in the employee's name, and shall have the doctor's name and prescription number on the label,
5.	Each prescription shall be no older than one (1) year of the date issued.

The use of drugs/medicine prescribed by a licensed physician for the individual employee is permitted provided that it will not affect work performance and provided it is possessed and used in accordance with this policy and as prescribed.

However, the School Board, at all times, reserves the right to have a licensed physician determine if use of a prescription drug of medication by an employee produces effects which may increase the risk of injury to the employee or others while working. If such finding is made, the School Board reserves the right to limit or suspend the work activity of the employee during the period that the physician advised that the employee's ability to perform his/her job safely may be adversely affected by the consumption of such medication.

Compliance with this policy is a condition of continued employment.

TESTING SITUATIONS

The School Board reserves the right to require employees to submit to unannounced medical or physical examinations or tests including, but not limited to, the urine drug test or other examinations to determine the presence of any illegal or unauthorized drugs, alcohol or other substances prohibited by this policy. These unannounced tests may be utilized under the following circumstances:

REASONABLE SUSPICION TESTING shall be used when there is reasonable suspicion that an employee's behavior, performance, error in judgment, accident or incident, or unsafe actions while working is related to substance abuse. Under these circumstances, the employee shall not ride from the place of employment to the testing site alone.

POST ACCIDENT OR INCIDENT TESTING may be used if an employee suffers an occupational on-the-job job injury or causes injury to a fellow employee An employee who is seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there was any alcohol or drugs in his/her system.

PRE-EMPLOYMENT TESTING shall be required of an applicant or candidate as a condition of employment prior to being approved to work at the Zachary Community School Board. The cost of the initial test shall be the responsibility of the School Board. The costs of any confirmation of the initial test results shall be the responsibility of the applicant or candidate.

All urine and blood sampling will be performed with concern for each employee's personal privacy, dignity and confidentiality. Substance abuse testing will not be done in conjunction with the periodic physical examination program.

NOTICE OF DISCIPLINARY ACTION FOR POLICY VIOLATIONS

No employee's job will be placed in jeopardy nor will any employee be subject to disciplinary action for voluntarily requesting help from alcohol and other drug addictions if such request is made to the School Board Superintendent or his/her designated representative prior to the first test of the employee. However, a request for assistance will not excuse an employee from a policy violation while an actual urine drug screen, blood sampling, search or inspection is being made or after the urine drug screen, blood sampling, search or inspection has been completed.

Failure to comply with the provisions of the policy shall be grounds for disciplinary action. Discharge from employment may occur even for a first-offense violation. Violations for which an employee shall be subject to discipline, up to and including termination, include but are not limited to:

A.	Possession of controlled substances without a prescription or sale of controlled substances while on School Board premises;
B.	Refusal to cooperate or to participate in his/her testing or sampling when required to do so under this policy;
C.	Substituting or tampering with a urine or blood sample required by this policy;
D.	Being arrested and convicted for any drug-related felony by a court of competent jurisdiction. As discussed in this policy, the term "drug-related" includes all substances discussed in Section 3 (a)-(c) of this policy;
E.	Testing positive for a substance prohibited by this policy as a result of a confirmed urine or blood test required by this policy.

In the event of the necessity for an investigation of a policy violation, the employee may be placed on suspension pending review of the surrounding circumstances and facts concerning policy violations.

No adverse action shall be taken against any employee based on a confirmed positive test result if reasonable doubt exists as to either the accuracy of the result or the chain of custody of the sample, which doubt was not occasioned by the employee.

COUNSELING/REHABILITATION

Employees with personal drug/alcohol problems are encouraged to seek early assistance. Confidential assistance may be requested from the Superintendent or his/her designated representative. An employee who seeks assistance shall be given a list of assistance programs which have been approved by the School Board. All costs associated with any counseling or rehabilitation shall be the sole responsibility of the employee. Any employee participating in a counseling/rehabilitation program shall be expected to maintain satisfactory job performance.

Confidentiality in accordance with the School Board's policies shall be followed regarding counseling or a rehabilitation program. When it becomes necessary for an employee to undergo appropriate treatment under a prescribed rehabilitation program, absences will be handled in accordance with the School Board's existing policies or agreements regarding disability, sick leave, or leave of absence.

Employees who participate in a counseling/rehabilitation program shall show proof of completion of the program to the Superintendent or his/her designated representative as a condition of continued employment. Any employee who refuses or fails to report to an approved counseling or rehabilitation program after voluntarily requesting help for alcohol and other drug addictions, or who leaves a treatment program prior to completion and not being properly released to return to work, or who fails to complete the counseling or rehabilitation program successfully in any way shall be terminated.

ADMINISTRATION

Testing shall be conducted in accordance with Chapter 17 of Title 49 of the Louisiana Revised Statutes, presently or as amended, and with the procedures of the Mandatory Guidelines for Federal Workplace Drug Testing Programs, presently or as amended.

Specific administrative procedure will be reviewed by the School Board Superintendent prior to implementation of the procedures, This policy does not supersede or replace existing School Board policy or procedures pertaining to discipline, but is complementary thereto.

This policy shall be amended from time to time to ensure continued compliance with the requirements of Federal and State law. Amendments and exceptions to the policy must have prior approval of the majority of the School Board members.

Those employees with drugs and alcohol abuse problems make up only a small fraction of the work force, and the Zachary Community School Board regrets any inconvenience that may be caused to the many non-abusers by the problems of the few. It is believed, however, that the benefits derived from the prevention of accidents, the greater safety of employees and the general public and the rehabilitation or discharge of those who, because of alcohol or drugs, are a potential danger to others, will more than make up for any inconvenience.

The Zachary Community School Board solicits the understanding and cooperation of all employees in implementing this policy.

SEVERABILITY

If any part or portion of this policy is held by any body of authority or court of competent jurisdiction to be invalid for any reason whatsoever, then, in that event, only that part or portion so declared to be invalid shall be so, and the remaining parts or portions not so declared shall remain in full force and effect.

POLICY FOR CONTRACTORS AND SUBCONTRACTORS

The Zachary Community School Board Alcohol, Drug and Substance 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 or on School Board premises.

10.

EMPLOYER RESERVATION OF RIGHTS

The Zachary Community School Board reserves the right to amend, interpret, change, rescind, of depart from this written policy in whole or in part. The employee shall be notified in writing of any such changes.

Revised: March, 2003

Ref: 49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991) (PL 102-143)

49 CFR 40.1 (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)

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

Board minutes, 3-20-03

Zachary Community School Board