6.45 Alcohol and Drug Free Workplace
6.45 Alcohol and Drug Free Workplace
Chapter 6.00: Personnel
ALCOHOL AND DRUG FREE WORKPLACE
I. No employee shall possess, consume, or sell alcoholic beverages or manufacture, distribute, dispense, possess, use, or be under the influence of, on the job or in the workplace, any narcotic, drug, amphetamine, barbiturate, marijuana or any other controlled substance, as defined in the Controlled Substances Act (21 USC 812) and as further defined by regulations at 21 CFR 1300 or Florida Statutes Chapter 893, without a valid prescription.
II. Any employee who violates the terms of this policy may be non-renewed or his/her employment may be suspended or terminated. When an employee has a positive confirmed drug test, such action by the School Board will be considered to be for cause. However, at the discretion of the School Board an employee may be allowed to satisfactorily participate in and complete a Board approved drug abuse assistance or rehabilitation program in lieu of a non-renewal, suspension, or termination. Where a job applicant has a positive confirmed drug test, the School Board may refuse to hire the applicant, and such refusal to hire will be considered to be for cause.
III. The School Board will not discharge, discipline, or discriminate against an employee solely upon the employee’s voluntarily seeking treatment, while under the employ of the School Board, for a drug related problem if there has been no communication to the employee of a demand for a drug test and the employee has not previously tested positive for drug use and the employee enters an employee assistance program for drug related problems or an alcohol and drug rehabilitation program. A request for voluntary treatment under these conditions does not constitute reasonable suspicion for ordering a drug test. (The intent is to allow an employee one (1) opportunity to voluntarily seek treatment for a substance abuse problem.)
IV. Sanctions and discipline against employees including non-renewal, suspension, and termination shall be in accordance with prescribed School District procedures, and in the event of violation of Section 1 herein shall be commenced within thirty (30) days of receiving notice of an employee’s conviction. Within ten (10) days of receiving notice of an employee’s conviction in violation of this rule, the Superintendent shall notify the State and Federal Departments of Education
V. A drug free awareness program is hereby established and is to be implemented by the Superintendent to inform employees of the dangers of drug abuse in the workplace, of the School Board’s policy of maintaining a drug free workplace, of available drug counseling, rehabilitation and assistance programs, and of the penalties to be imposed upon employees for drug abuse violations occurring in the workplace. As a part of this program, all employees and applicants for employment shall be given notice of the School Board’s policy regarding the maintenance of a drug free workplace.
VI. Except where the context otherwise requires, as used in this policy:
A. “Drug” means alcohol including distilled spirits, wine, malt beverages and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens, methalqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein.
B. “Initial drug test” means the first drug test which is used to identify negative and presumptive positive specimens. The initial test for alcohol shall be by enzyme oxidation methodology and the initial test for all other drugs shall use a sensitive and reliable Food and Drug Administration approved immunoassay procedure.
C. “Confirmation test,” “confirmed test,” or “confirmed drug test,” means a second analytical procedure run on a sample that is positive on the initial screening test. The confirmation test must be different in scientific principle from that of the initial test procedure. This confirmation method shall be capable of providing requisite specificity, sensitivity, and quantitative accuracy. The confirmation test for alcohol will be gas chromatography, and the confirmation test for all other drugs will be gas chromatography/mass spectrometry.
D. “Prescription or non-prescription medication” means a drug or medication obtained pursuant to a prescription as defined by Section 893.02(17), Florida Statutes, or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries.
E. “Reasonable suspicion drug testing” means drug testing based on a belief that an employee is using or has used drugs in violation of the School Board’s policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:
1. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug.
2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
3. A report of drug use in the workplace provided by a reliable and credible source which has been independently corroborated.
4. Evidence that an individual has tampered with a drug test during his employment with the School Board.
5. Evidence that an employee has caused or contributed to an accident while at work.
6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on any School Board premises or while operating a School Board vehicle, machinery, or equipment.
F. “Specimen” means a product of the human body capable of revealing the presence
of drugs or their metabolites.
G. “Workplace” is defined to mean the site of the performance of work done in connection with employment. That includes any school building or any school premises; any vehicle owned, leased, rented, or used on official business by the School Board; and any vehicle used to transport students to and from school and school activities off school property during any school sponsored or school activity, event or function such as field trip or athletic event where students are under the jurisdiction of the School District.
H. Employee Assistance Program” means the program provided by the Employee Health Care Program or a similar School Board approved drug abuse assistance or rehabilitation program.
VII. The School Board will communicate to the employees prior to conducting the drug test the reasons for ordering the test and will conduct drug testing in the following circumstances:
A. Job Applicant Drug Testing
This drug testing will be required of all job applicants. Refusal of the job applicant to submit to a drug test or a positive confirmed drug test is a basis for refusal to hire a job applicant.
B. Reasonable Suspicion Drug Testing
This will apply where there is a reasonable suspicion that an employee is using or has used drugs in violation of the School Board’s policy. The facts and inferences outlined under “Reasonable Suspicion Drug Testing” (see VI.E. 1-6) shall be used in determining whether a reasonable suspicion exists.
C. Routine Fitness for Duty Drug Testing
The School Board will require an employee to submit to a drug test if the test is conducted as part of a routinely scheduled employee fitness for duty medical examination that is part of or becomes part of the School Board’s established policy or that is scheduled routinely for all members of an employment classification or group.
D. Post Accident Testing
An employee shall be subject to a drug screen immediately following a work related accident or injury.
E. Follow-Up Drug Testing
This will be required if the employee in the course of employment enters an employee assistance drug related program or an alcohol or drug rehabilitation program. Such an employee will be required to submit to a drug test as a follow-up to such a program on a quarterly, annual, or semi-annual basis for up to two (2) years thereafter.
F. OTETA Requirements
An employee who is subject to the requirements of the Omnibus Transportation Employees Testing Act (OTETA) shall be subject to random drug testing, post accident drug testing and return to duty testing as required by federal law.
VIII. The following procedures shall apply to drug testing under this policy:
A. Samples shall be collected with due regard for the privacy of the individual providing the sample and in a manner reasonably calculated to prevent substitution or contamination of the sample.
B. Specimen collection shall be documented and the documentation procedures shall include:
1. Labeling specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and,
2. A form for the employee or job applicant to provide any information he/she may feel is relevant to the test. Such information may include currently or recently used prescription or non-prescription medication or any other relevant medical information. Providing such information shall not preclude the administration of a drug test, but shall be taken into account in interpreting any positive results.
C. Specimen collection, storage, and transportation to the testing site shall be performed in a manner which will reasonably preclude specimen contamination or adulteration.
D. Each initial and confirmation test, not including the taking or collection of a specimen to be tested, shall be conducted by a laboratory licensed by the state of Florida criteria established by the National Institute on Drug Abuse. The laboratory shall confirm to the mandates of Section 112.0455(12), Florida Statutes, and applicable rule of the Department of Children and Family Services.
E. Specimens for drug testing may be collected or taken by any of the following persons:
1. A physician, a physician’s assistant, a registered professional nurse, a
licensed practical nurse, or a nurse practitioner.
2. A certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical services or treatment.
3. A qualified person employed by a licensed laboratory who has the necessary training and skills for the assigned tasks.
F. A person who collects or takes a specimen for a drug test will collect an amount sufficient for two (2) drug tests as determined by the Department of Children and Family Services.
G. A drug test may be conducted at any reasonable time during the employee’s
H. Every specimen that produces a positive, confirmed result shall be preserved by the licensed laboratory that conducts the confirmation test for a period of at least 210 days from the time the results are mailed or otherwise delivered to the School Board. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. During the 180 day period after the written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permitted by the School Board to have a portion of the specimen re-tested at the employee’s or applicant’s expense at another laboratory licensed and approved by the Department of Children and Family Services chosen by the employee or applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory which performed the test for the School Board shall be responsible for the transfer of the portion of the specimen to be re-tested and for the integrity of the chain of custody during such transfer.
I. Within five (5) working days of the receipt of a positive, confirmed test result from the testing laboratory, the Superintendent will inform the employee or job applicant in writing of such positive test results, the consequences of such results, and the options available to the employee or job applicant.
J. The School Board will provide to the employee or the job applicant upon request a copy of the test results.
K. Within five (5) working days after receiving notice of a positive, confirmed test result, the employee or job applicant may submit information to the School Board explaining or contesting the test results and why the results do not constitute a violation of the School Board’s policy.
results is unsatisfactory to the School Board, within fifteen (15) days of receipt of the explanation or challenge, the School Board shall issue to the employee or job applicant a written explanation as to why the employee’s or job applicant’s explanation is unsatisfactory along with a report of positive results, and all such documentation shall be kept confidential by the School Board pursuant to the confidentiality section of this policy and shall be retained by the School Board for at least one (1) year.
M. The School Board may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test.
N. If an initial drug test is negative, the School Board may at its sole discretion seek a confirmation test.
O. All positive initial tests shall be confirmed using gas chromatography in the case of alcohol and chromatography/mass spectrometry for all other drugs.
P. If testing is conducted based on reasonable suspicion, within seven (7) days after testing of an employee has been completed the School Board will promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the School Board pursuant to the confidentiality provisions of this policy and retained by the School Board for at least one (1) year.
IX. The School Board shall pay the cost of all drug tests, initial and confirmation, which it requires of employees and job applicants. An employee shall pay the costs of any additional drug tests not required by the School Board.
X. The School Board will keep all results of drug tests confidential to the extent mandated by
Section 440.102, Florida Statutes.
XI. Employees and job applicants who are using prescription and non-prescription medication may report such facts to the School Board before or after being tested by a signed, dated letter to his/her department supervisor, principal, or Human Resources Director, as the case may be. A list of the most common medications by brand name and common name and chemical name which may alter or affect a drug test may be obtained from the office of the Director of Human Resources.
XII. When an employee refused to submit to a drug test, the School Board authorizes the Superintendent to take appropriate action including, but not limited to, recommending the dismissal of that employee from employment with the School Board. A job applicant who refuses to submit to a drug test will not be considered for employment.
XIII. There is no physician/patient relationship created between an employee or job applicant and the School Board or any person performing or evaluating a drug test solely by the establishment or implementation or administration of this drug testing program.
XIV. Nothing in this policy shall be construed to prevent the School Board from establishing reasonable work rules related to an employee’s possession, sale, or solicitation of drugsi including convictions for drug related offenses, and taking action based upon any violation of those rules.
screening or other tests required by any statute, rule, or regulation for the purpose of
monitoring exposure of employees to toxic or other unhealthy substances in the workplace or in performance of job responsibilities. Such screening tests shall be limited to the specific
substances expressly identified in the applicable statute, rules, or regulations unless prior written consent of the employee is obtained for other tests.
STATUTORY AUTHORITY: 893.01, 1001.41, 1012.22, 1012.23, 1012.27, F.S.
440.102, 1001.41, 1001.43, 1012.795, F.S.
STATE BOARD OF EDUCATION RULES:
Drug Free Workplace Act of 1988;
34 CFR Part 85, Subpart F
HISTORY: Adopted: 07/14/1998
Revision Date(s): 09/10/2015
Formerly: C-47, C-48