FILE:  GAME

Cf:  GAMD

 

EMPLOYEE DRUG TESTING

 

 

Screening practices are designed to prevent hiring or retaining individuals who use illegal drugs, or individuals whose use of legal drugs indicate impaired or unsafe job performance.  Drug testing of employees shall be conducted in accordance with the following:

 

  1. LEGAL DRUGS

    For purposes of these regulations, the term "legal drug" includes prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.
     

  2. ILLEGAL DRUGS

    For purposes of these regulations, the term "illegal drug" means:  any drug (a) which is not legally obtainable or (b) which is legally obtainable but has not been legally obtained.  The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes.  It also includes marijuana.

    The unlawful manufacture, use, sale, purchase, transfer or possession of an illegal drug by any employee while in a St. John the Baptist School Board facility or while performing School Board business shall be prohibited.  The presence in any detectable amount of any illegal drug in an employee while performing School Board business or while in a School Board facility shall be prohibited.
     

  3. REASONS FOR TESTING

 

    1. Pre-employment screening

    2. Reasonable belief that there has been violation of the rules as set forth in School Board policy

    3. Required annual physical examination for bus operators

    4. Post accident/post incident screening

    5. During the six (6) month random testing period following disciplinary action and reinstatement

 

Disciplinary Regulations

 

  1. ON THE JOB, ON SCHOOL BOARD PROPERTY, REPORTING TO WORK

    The possession, distribution or use of illegal or unauthorized drugs, or any other intoxicants on any School Board property, installation, facility or job site, or at any time during working hours or reporting to work while under the influence of any such drug, or other intoxicant during working hours shall be prohibited.  Employees violating this regulation shall be subject to the following disciplinary actions:

 

    1. First Offense

 

      1. Immediate removal from job assignment and temporary transfer with full pay to another job assignment.  An employee so charged will have the opportunity to refute the charges and request a third test, of the same specimen, at his/her expense.
         

      2. Should the evidence support allegations of substance abuse, the employee will be placed on probation and will be subject to the following conditions:  (a) must demonstrate a commitment to rehabilitation by enrolling and actively participating in an accredited and approved rehabilitation program while working in the job; (b) a six (6) month random testing period will be instituted after reinstatement.  A subsequent positive test will result in immediate dismissal.
         

      3. 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 School Board determines the operator may return to driving.

 

    1. Second Offense

 

      1. A second hearing at the Superintendent's level shall be conducted before disciplinary action is initiated in order to avail the employee full due process rights.  The Superintendent shall reserve the right to suspend the employee, without pay, pending the outcome of the hearing.

 

  1. OFF-DUTY

    Off-duty sale, distribution or possession with intention to distribute illegal drugs or manufacture of illicit drugs resulting in a criminal conviction.

 

    1. First Offense - Immediate termination

 

  1. POST ACCIDENT - POST INCIDENT

    Tests to be performed within eight (8) hours of accident/incident.

 

    1. First Offense - Refer to Section A, #1

    2. Second Offense - Refer to Section A, #2

 

  1. REQUIRED ANNUAL PHYSICAL EXAM FOR BUS OPERATORS

    Presence of illegal drugs, or other intoxicants in the body at or above the stipulated minimum levels as identified during job change, physical, annual physical examination, or return to work assessment.  The required annual physical examination shall be paid for by the School Board.

 

    1. First Offense - Refer to Section A, #1

    2. Second Offense - Refer to Section A, #2

 

  1. PRE-EMPLOYMENT SCREENING

    Presence of illegal drugs, or other intoxicants at or above the stipulated minimum levels which are identified in the system during the pre-employment physical examination shall preclude further consideration for employment.
     

  2. PROCEDURES FOR TESTING

    Testing shall be conducted by a licensed and N.I.D.A. certified laboratory.  Strict confidentiality shall be observed in the transmittal of test results.  Only designated administrative "need to know" persons shall have access to test results.

    Test results shall be deemed valid in any employment decision, but shall not be used by the School Board for the purpose of filing criminal charges.
     

  3. MISCELLANEOUS

 

    1. Stipulated Minimum Levels - Detectable level in urine or blood as confirmed by an acceptable confirmation test.
       

    2. Other Rules

 

The guidelines set forth in this policy are in no way intended to supersede any other disciplinary rules set forth in departmental procedures or established School Board policies, regulations or procedures.

 

Revised:  October, 1997

 

 

Ref:    49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)

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

La. Rev. Stat. Ann. ยงยง17:81, 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 (1998)

 

St. John the Baptist Parish School Board