FILE: GAMEA
ALCOHOL AND DRUG TESTING GENERAL EMPLOYEES
Employees of the Acadia Parish School Board shall be 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 pertinent implementing federal regulations, as well as those substances described as Controlled Dangerous Substance by Louisiana law. The workplace is any Acadia 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 School Board owned, leased, or used vehicle in the course of School Board employment, including any school bus, or any employee workplace.
As a condition of employment, the employee shall:
Abide by the terms of the School Board's Drug-Free Workplace policy;
Notify the Acadia Parish School Board Personnel Department of any criminal controlled drug statute conviction of the employee no later than five (5) days after such conviction.
Immediately notify the Acadia Parish School Board Personnel Department of any violation of Acadia Parish School Board policies prohibiting alcohol, drugs and related substances by the employee or by others.
EMPLOYEES IN SAFETY-SENSITIVE AND SECURITY-SENSITIVE POSITIONS
Employees of the Acadia Parish School Board who hold safety and security sensitive positions shall be subject to alcohol and drug testing including, but not limited to, urine, blood, or hair. Employees in safety-sensitive positions shall include, but not be limited to the following:
Any employee or contracted person operating a public or contracted vehicle, including School Board owned vehicles.
Any one who transports children or employees in a bus or other vehicle.
Any employee or contracted person using or operating tools, equipment, or machinery that may place that person or others in a dangerous situation.
Any employee who may at any time during their described duties be required to perform duties that are safety-sensitive or security-sensitive.
Any employee who may be required to handle drugs or weapons.
Any employee who may handle toxic or dangerous chemicals.
Any employee who may receive compensation/reimbursement from the School Board for the use of a personal vehicle while on school business.
Any employee involved in any way with food preparation.
The School Board reserves final authority for designating persons or positions that may be classified as safety-sensitive or security-sensitive.
TESTING
As a condition of continued employment, the Acadia Parish School Board shall require samples from a school system employee for alcohol/drug testing including, but not limited to, urine, blood, or hair in the following circumstances:
When an employee is involved in any accident classified as medical only (excluding on-site first aid) or lost time/medical during the course and scope of his or her employment.
Under other circumstances which result in reasonable suspicion that drugs are being used by the employees;
As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement;
As part of 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 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.
Failure to comply with the provisions of this policy shall be grounds for disciplinary action, including but not limited to written reprimands, changes in job assignments, suspensions from work and discharge.
An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the law 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.
It shall be the responsibility of an employee to report to the sample collector before the drug testing, any medication (prescription or over-the-counter) which might adversely influence the results of the drug test.
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 or the result of the chain of custody of the sample.
SAMPLE COLLECTION
Direct observation of the employee during collection of the urine specimen is not allowed except under the following circumstances:
There is reason to believe that the individual may alter or substitute the specimen to be specified.
The individual has provided a urine specimen that falls outside the acceptable temperature range as listed in the NIDA guidelines.
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.
The individual has previously been determined to have a urine specimen positive for one or more drugs, and is being tested for purposes of follow-up testing upon or after return to service.
The type of drug testing is post-accident or reasonable suspicion/cause.
All direct observations shall be conducted by a same gender collection site person. A designated representative of the Acadia Parish School Board shall review and concur in advance with any decision by the collection site person to obtain a specimen under direct observation.
REHABILITATION
Employees not terminated for violation of this policy may be required to participate in drug or alcohol rehabilitation programs. 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, and/or urine may be used for monitoring drug or alcohol use. Other than follow-up drug and alcohol testing, the School Board shall have no financial responsibility for any employee's rehabilitation program.
VOLUNTEERS, CONTRACTORS AND SUBCONTRACTORS
The Acadia Parish School Board Alcohol and Drug Testing policy applies not only to its own employees, but equally to all volunteers, 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 RESERVATION OF RIGHTS
The Acadia Parish School Board reserves the right to amend, interpret, change, rescind, or depart from this policy in whole or part. The employee shall be notified in writing of any such changes. Nothing in this policy alters an employee's status.
Revised: July, 2009
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, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1006, 49:1007, 49:1008, 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)
Acadia Parish School Board