FILE:  GAMD

Cf:  GAME

 

DRUG-FREE WORKPLACE

 

 

The St. John the Baptist Parish School Board views the safety and security of the students enrolled in the St. John the Baptist Parish Public Schools as paramount in importance.

 

In compliance with the Drug-Free Workplace Act of 1988, the St. John the Baptist Parish School Board hereby declares that Drug Abuse in the workplace is prohibited.

 

In an effort to promote and maintain a safe environment for the students and employees of the St. John the Baptist Parish School System and to provide opportunities for counseling and/or rehabilitation for employees with drug abuse problems, as well as periodic mandatory substance screening of safety-sensitive positions, i.e., school bus operators and mechanics.  All prospective employees shall be required to undergo substance abuse screening prior to being employed.  St. John the Baptist Parish School Board Members shall also consent to substance screening.

 

Employment actions that shall require such testing may include the following:  pre-employment health screening, reasonable belief that there has been a violation of rules and regulations pertaining to substance abuse, required annual physical examinations for bus operators, post accident/post incident screening, and during the six (6) month random testing period following disciplinary action and reinstatement.

 

Drug Free Workplace Certification

 

All policies, regulations and procedures pertaining to substance abuse shall be in compliance with the Drug Free Workplace Act (DFWA) of 1988.  The Drug Free Workplace Act requires that employers receiving federal funds, or those that are parties to federal contracts, certify to the federal government that they will provide drug-free workplaces.  This certification is accomplished through specific actions such as publishing a policy statement notifying employees that drug abuse in the workplace is prohibited, establishing a drug awareness program to educate employees as to the danger of drug abuse, and taking disciplinary action against employees who violate St. John the Baptist Parish Public Schools Policies, Regulations, and Procedures that pertain to Drug Abuse.

 

Board employees must notify the Superintendent, in writing, if they are convicted of a criminal drug violation occurring at the workplace, within five (5) days after conviction.  The Superintendent must then, in turn, notify the particular federal granting or contracting agency of such convictions within ten (10) days.  If the employee fails to notify the Superintendent of his or her drug conviction, the Superintendent has ten (10) days after otherwise receiving actual notice of, or learning of, the conviction to then notify the federal agency.

 

Drug Free Workplace Act notification requirements define a conviction that needs to be reported as, "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 violations of the Federal or State criminal drug statutes involving the manufacture, distribution, dispensation, use or possession of any controlled substance."

 

Only drug abuse convictions occurring in the workplace need to be relayed to the federal granting or contracting agency, not convictions occurring off the employer's premises.

 

Notification of Policy and Regulations regarding employee substance abuse shall be provided, to employees subject to same, prior to implementation.

 

FEDERAL CERTIFICATION OF DRUG-FREE WORKPLACE

 

In order for St. John the Baptist Parish School Board to meet the requirements for certification that are required by the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, the Board hereby declares that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol shall be prohibited in the "workplace" and at all St. John the Baptist Parish School Board functions, including athletic events, graduations, dances, dramatic events, fairs, and other similar functions.

 

St. John the Baptist Parish School Board shall certify that it will provide a drug free workplace by:

 

  1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispense, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
     

  2. Establishing a drug-free awareness program to inform employees about:

 

    1. the dangers of drug abuse in the workplace,
       

    2. the Board's policy of maintaining a drug-free workplace,
       

    3. any available drug counseling, rehabilitation programs, and
       

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

 

  1. Requiring that each employee be given a copy of the statement required by paragraph "A".
     

  2. Notifying the employee in the statement required by paragraph "A" that, as a condition of employment the employee shall:

 

    1. abide by the terms of the statement, and
       

    2. notify the employer of any criminal drug statute convictions within five (5) days.

 

  1. Notifying the agency within ten (10) days after receiving notice under subparagraph D(2) from an employee or otherwise receiving actual notice of such conviction.
     

  2. Within thirty (30) days of receiving notice under subparagraph D(2) with respect to any employee so convicted:

 

    1. taking appropriate personnel action against such an employee, up to and including termination, or
       

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

 

  1. Making good faith effort to continue to maintain a drug-free workplace through implementation of items (1), (2), (3), (4), (5), and (6).

 

Employee Statement of Notice for a Drug-Free Workplace

 

Employees of the St. John the Baptist Parish School Board shall be prohibited from unlawfully manufacturing, distributing, selling, possessing, using or being under the influence of alcohol or illegal controlled substances in the workplace.  (Illegal controlled substances as defined in Schedules I through V of Section 202 of Controlled Substance Act.  The workplace is any St. John the Baptist Parish School Board Property.)

 

Every employee shall:

 

  1. Abide by the terms of this statement; and
     

  2. Notify the St. John the Baptist Parish School Board (Personnel Department) of any criminal drug statute conviction within five (5) days.
     

Any employee engaged in the above described activities occurring in the workplace shall be subject to immediate suspension or discharge for willful neglect of duty, subject to appropriate due process.

 

Revised:  January, 1992

Revised:  December, 1992

Revised:  February, 1993

 

 

Ref:    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. ยงยง40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971, 40:971.1

Board minutes, 7-12-90, 8-8-91, 12-10-92, 1-7-93

 

St. John the Baptist Parish School Board