GAME, Drug Testing of Employees

FILE: GAME

DRUG TESTING OF EMPLOYEES

CONFIDENTIALITY

The Bienville Parish School Board is committed to the protection of individual employee privacy rights. Positive drug testing and other incidents involving drugs or alcohol will be kept confidential unless there is a statutory requirement for mandatory reporting. The Bienville Parish School Board believes that personal information concerning its employees' fitness for duty shall be treated as confidential information. Confidentiality will be maintained under the supervision of the Superintendent or his/her designee, who shall keep all records in a special locked filing cabinet.

Section I - All Employees

The Bienville Parish School Board's commitment to employee and student health and safety indicates that whenever possible, the Bienville Parish School Board shall assist (not monetarily) employees in overcoming substance abuse problems which are adversely affecting job performance by making available to all employees sources for assessment and treatment. Information on these treatment centers can be obtained through the principal's office at each school, the Personnel Director, and/or the Superintendent.

The illegal use, distribution, or possession of narcotics, drugs, or controlled substances by any employee in the course and scope of their employment, or on school property, or in Bienville Parish School Board vehicles shall result in immediate suspension with or without pay and a recommendation by the Superintendent to the Bienville Parish School Board concerning continued employment. Any illegal substances found in such circumstances shall be turned over to the appropriate law enforcement agency.

The use or possession of alcohol or other intoxicants in the course and scope of their employment, or on any school property, or in Bienville Parish School Board vehicles shall be prohibited. Any violation of this policy by an employee shall result in an immediate suspension with or without pay and a recommendation by the Superintendent concerning continued employment.

Conviction for use, distribution, or possession of narcotics, drugs, or controlled substances, whether on or off duty or on or off school premises shall result in immediate suspension. The employee will be required to participate satisfactorily in an approved drug abuse assistance or rehabilitation program before he/she is considered for reinstatement by the Bienville Parish School Board.

SECTION II - EMPLOYEES IN SAFETY AND SECURITY SENSITIVE POSITIONS

This section of the policy applies to all employees of the Bienville Parish School Board who hold safety and security sensitive positions including, but not limited to, those who work with power equipment, toxic or dangerous chemicals, drive Bienville Parish School Board vehicles or receive compensation/reimbursement from Bienville Parish School Board for the use of a personal vehicle while on school business.

In order to promote the health and safety of all employees and students, the Bienville Parish School Board shall conduct drug testing of the employees specified above. Testing shall occur as follows:

Pre-employment.
By random selection of employees.
Upon reasonable belief by a supervisor that an employee has a substance abuse problem.
Directly after the occurrence of a vehicular accident where a police report is required.

It shall be the responsibility of the Director of Personnel and/or Director of Transportation to coordinate and maintain the proper procedures for drug testing. No employee shall be tested without their consent. However, any employee refusing to submit to a drug test shall be suspended without pay until the test is completed. Failure to comply within a time frame specified by the Superintendent shall result in termination of employment.

It shall be the responsibility of an employee to report before drug testing any medication, prescription or over-the-counter, which would adversely influence the results of the drug test. Written medical documentation from a physician shall be required for verification.

Results from the official drug test, as designated by the Superintendent, which substantiate drug abuse must be submitted to the Superintendent after proper documentation. Results that substantiate drug abuse shall be in accordance with NIDA guidelines with the exception of initial testing for marijuana. The initial cut off level for marijuana shall be 100 nanograms/ML. The procedures and standards for drug testing shall be in accordance with La. Rev. Stat. Ann. §§49:1111-1113, 1115-1118, 1121, 1122, and 1125.

No adverse action shall be taken against any employee based on a confirmed positive testing result if a reasonable doubt exists as to either the accuracy or the result or the chain of custody of the sample.

Failure to pass initial drug testing shall result in the employee being suspended without pay. A school bus operator that 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 Board determines the operator may return to driving. To prevent termination of employment, the employee must seek and document involvement in a drug rehabilitation program within ten (10) working days from notification of the positive drug test. In order for the employee to be reinstated with the Bienville Parish School Board, written documentation that the goals of drug rehabilitation have been met must be submitted to the Superintendent. The employee shall be subject to periodical drug testing and notified of the test results.
Any employee that tests positive a second time shall be terminated from employment with the Bienville Parish School Board (*).
Procedural verification with the Bienville Parish School Board's designated laboratory shall be mandatory before any acceptable drug testing by an employee's private or personal physician can conform to the above Bienville Parish School Board procedure(s).

All procedures used in this drug testing program, including collection, sealing, and labeling of samples, chain of custody, storage and transportation of specimens, handling of biohazardous wastes, report of results, review of results and confidentiality of drug testing, must conform to NIDA and/or CAP-FUDT guidelines and be in accordance with Act 1036 of the 1990 Louisiana Legislature.

(*) La. Rev. Stat. Ann. §23:1601(10) Employees terminated for use of drugs shall be disqualified for unemployment benefits.

The following employees will be considered performing duties that can be classified as safety-sensitive or security-sensitive:

Any employee or contracted person operating a public or contracted vehicle.
Any employee who transports children or employees in a publicly or privately-owned vehicle to or from school or school related activities.
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 considered to be security or safety-sensitive.
Any employee who may at any time be required to handle drugs or weapons.
Any employee who works in the area of food service preparation.

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

Bienville Parish School Board