FILE: GAMEA
ALCOHOL AND DRUG ABUSE AND TESTING - GENERAL EMPLOYEES
Employees of the Bogalusa City School Board shall be explicitly prohibited from unlawful manufacturing, making, distributing, dispensing, selling, possessing or using controlled substances, intoxicants, mood altering chemicals or 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 federal regulations 21 CFR 1308.11 through 1308.15 and includes those substances described as Controlled Dangerous Substance by Louisiana law.
As a condition of employment, the employee shall:
Abide by the terms of the School Board’s Drug-Free Workplace policy.
Upon request, an employee shall present himself/herself to a School Board approved testing facility for a certified urinalysis for substance abuse or blood or other test for alcohol abuse and make the results available to the Bogalusa City School Board. The School Board shall pay the reasonable cost for the drug or alcohol testing. 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.
Prospective employees shall be tested for substance abuse, and shall upon request the prospective employee shall present himself/herself to a School Board approved testing facility for a certified urinalysis for substance abuse and make the results available to the Bogalusa City School Board. The School Board shall bear the reasonable cost of this test. If the test results are positive, the prospective employee shall not be employed.
The School Board may require alcohol and drug testing of any employee in the following circumstances:
When an employee is involved in any accident during the course and scope of his or her employment, and alcohol or drugs are suspected to have contributed to the cause of the accident; or
Under other circumstances which result in reasonable suspicion that an employee is under the influence of drugs or alcohol; or
As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement; or
In connection with any required periodic medical exams; or
As part of a program of random drug testing of designated employees who occupy safety-sensitive or security-sensitive positions.
In addition, when an employee is injured as a result of a job-related accident and is determined after alcohol testing to be intoxicated under the standards set forth in La. Rev. Stat. Ann. §23:1081 or if the employee refuses to immediately submit to such testing, then such employee shall be presumed to have been intoxicated at the time of the accident and may be denied workers' compensation benefits in addition to any other authorized action.
Also, a positive confirmatory drug or alcohol test result may be used as a basis to terminate an employee for wrongful conduct and to deny unemployment compensation as set forth in La. Rev. Stat. Ann. §23:1601, or as the basis of other disciplinary action.
An employee involved in any of the above situations may be directed by his/her supervisor to submit to alcohol/drug testing. An employee, who provides a sample pursuant to the provisions of this policy and whose sample is determined to be positive as to the presence of drugs (after a confirmatory test) or alcohol will be required to undergo a rehabilitation or treatment program at the employee's expense and/or be subject to disciplinary action.
SAFETY AND/OR SECURITY SENSITIVE POSITIONS
For the purposes of random testing of employees, the following definitions apply:
Safety-sensitive refers to a position which includes at a minimum any of the following responsibilities as part of that employee’s assigned duties, primary or specific: the operation or maintenance of a motor vehicle; or responsibility for supervising or attending children on a motor vehicle used to transport students to and from school; or inspecting, servicing, maintaining or using gas fired equipment or gas utility systems; or responsibility for using, fixing, or operating tools, equipment or machinery that may place that person or others in a dangerous situation; or responsibility for handling drugs, weapons, or potentially hazardous chemicals; or responsibility in any way with food preparation. An employee who has the responsibility of supervising, either directly or indirectly, employees who perform any of the above described duties shall also be considered as occupying a safety-sensitive position.
Security-sensitive refers to a position which requires at a minimum that a School Board employee perform or be responsible for performing, primarily or specifically, duties which may include the need to employ deadly force and which are directly related to the security of employees, students, a school, or another facility owned or operated by the Bogalusa City School Board, and which, if not performed properly, could result in serious injury or death to the employee, student, other employees or the general public. An employee who has the responsibility of supervising, either directly or indirectly, employees who perform any of the above described duties shall be considered as occupying a security-sensitive position.
The following positions are hereby designated as safety-sensitive or security-sensitive positions: school bus operators; any person who operates a school system vehicle; mechanics who perform maintenance or repairs of school buses or other school system vehicles; persons supervising or attending children on a school bus or any other vehicle used to transport school children; security guards or personnel; maintenance department employees who inspect, repair, or in any other manner service any equipment, pipeline or apparatus which uses natural or propane gas or is connected to natural or propane gas; any operator of tools, equipment or heavy machinery; any person that may come in contact with drugs, weapons, or hazardous chemicals, which may include administrators, teachers, and custodial personnel; any food service technician; and all who exercise any supervision over such persons. Persons in any of the above positions shall be subject to unannounced random alcohol/drug testing. The School Board shall periodically review and revise the above list as needed. A positive confirmatory test as a result of random testing may require the employee to undergo treatment at the employee's expense or be subjected to disciplinary action.
TESTING PROCEDURES
All testing/screening shall be conducted in accordance with applicable state and federal laws and regulations. The Superintendent shall promulgate administrative regulations and procedures to implement the provisions of this policy.
DISCIPLINARY ACTION
Failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, suspension from work, and discharge.
An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposefully tried to alter the outcome of drug and alcohol tests. Additionally, the employee may be discharged if found using, manufacturing, selling, or distributing drugs or alcohol while on School Board premises. Any employee arrested for a drug related offense has five (5) working days from the day of the arrest to notify the School Board. Should an employee at any time be convicted of a drug related offense, they shall be terminated immediately.
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)
49 CFR 382 (Controlled Substances and Alcohol Use and Testing)
49 CFR 391 (Qualifications of Drivers and Longer Combination Vehicle Driver Instructors)
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
Bogalusa City School Board