FILE: GAMEA
ALCOHOL AND DRUG TESTING-GENERAL EMPLOYEES
GENERAL PROVISIONS
The Bossier Parish School Board fully supports the concept of drug-free and alcohol-free workplaces and employees. Though the School Board is cognizant of the privacy rights of individuals, it also believes that the safety and well-being of its students and employees requires that it take legally permissible steps to prevent or eliminate the use of drugs and/or abuse of use of alcohol by its employees. School Board policy prohibits the unlawful manufacturing, distribution, dispensing, possession, or intoxication due to or as a result of use of a controlled substance by its employees in any workplace operated by the system or in any other location. For any such violation, disciplinary action shall be required. Also, School Board policy prohibits the possession, use or distribution of alcohol or being under the influence of alcohol by its employees on any school system property, 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 including any school bus, or at any employee workplace.
As a condition of employment within the school system, all individuals seeking employment must submit to drug screening prior to final appointment. Persons who refuse to undergo drug screening and persons whose test sample results in a positive drug screen result may not be given further consideration for employment with the Bossier Parish School Board and shall not be reconsidered for employment within the school system for at least six (6) months from receipt of the test results.
As a condition of continued employment, the Bossier Parish School Board may require samples from a school system employee for alcohol/drug testing in the following circumstances:
When an employee is involved in any accident during the course and scope of his or her employment, and alcohol or drugs are suspected to have contributed to the cause of the accident;
Under circumstances which result in a reasonable suspicion that drugs are being used by the employee;
As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement;
In connection with any required periodic medical exams; or
As part of a 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.
Also, a positive confirmatory drug test result may be used as a basis to terminate an employee for wrongful conduct and to deny unemployment compensation as set forth in La. Rev. Stat. Ann. §23:1601, or as the basis of other disciplinary action.
An employee involved in any of the above situations may be directed by his/her supervisor to submit to alcohol/drug testing. An employee, who provides a sample on the basis of any of the above authority and whose sample is determined to be positive as to the presence of drugs or alcohol after a confirmatory test will be required to undergo a rehabilitation or treatment program at the employee's expense and/or be subject to disciplinary action.
SAFETY AND/OR SECURITY-SENSITIVE POSITIONS
For the purposes of the random testing of employees, the following definitions apply:
Safety-sensitive refers to a position which requires as part of the employee’s assigned duties, primarily or specifically, the operation, maintenance or repair of a motor vehicle; or responsibility for supervising or attending to children on a motor vehicle used to transport children to and from school; or inspecting, servicing, maintaining or using gas fired equipment or gas utility systems. An employee who has the responsibility of supervising, either directly or indirectly, employees who perform any of the above described duties shall also be considered as occupying a safety-sensitive position.
A safety-sensitive employee shall include:
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/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 safety-sensitive;
Any employee who may at any time be required to handle drugs or weapons.
Security-sensitive refers to a position which may require an employee, primarily or specifically, to employ deadly force in the exercise of his/her duties and whose duties are directly related to the security of employees and students, a school or facility of the Bossier Parish School Board, and which, if not performed properly, could result in serious injury or death to the employee, student, other employees or the general public as a result of the use of a firearm, or any other deadly force. An employee who has the responsibility of supervising, either directly or indirectly, employees who perform any of the above described duties shall be considered as occupying a security-sensitive position.
TESTING PROCEDURES
All testing/screening shall be conducted in accordance with applicable state and federal laws and regulations. Drug testing may include analysis of urine, blood, or hair. Drugs to be tested for shall be any or all of the following: cannabinoids, opiods, cocaine, amphetamines, phencyclidine, barbiturates, benzodiazepines, methaqualone, and/or alcohol. The Superintendent shall promulgate administrative regulations and procedures to implement the provisions of this policy.
In addition to this policy, for those employees who are required by the nature of their job to hold a commercial driver’s license (CDL), the provisions of policy GAMEB, Alcohol and Drug Abuse and Testing-Commercial Drivers’ License Holders are also applicable.
Employees shall not be required to identify prescription and/or over-the-counter drugs being taken prior to any given drug test. However, after receiving a report of a confirmed positive test, the Director of Human Resources and/or Medical Review Officer (MRO) shall request of the employee by phone that all prescription and/or over-the-counter drugs being taken by the employee on the day of the drug test be brought to his/her office within one work day. The Director of Human Resources and/or MRO shall initiate only one request for this specific information.
DISCIPLINARY ACTION
Failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, suspension from work, and discharge.
An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the 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. Any employee arrested for a drug related offense has five (5) working days from the day of the arrest to notify the School Board. Should an employee at any time be convicted of a drug related offense, they shall be terminated immediately.
Positive Test Results
No permanent action shall be taken against any employee based on initial screening results.
Failure of any employee to pass initial drug testing shall result in suspension without pay for a minimum of three (3) days and a requirement from the Superintendent of Schools or his/her designee, the Director of Human Resources, or the Supervisor of Transportation to enroll in a rehabilitation program or to participate in the school system’s Employee Assistance Program. For the employee to be reinstated to his/her previous position, written certification from an appropriate physician, hospital administrator, and/or EAP supervisor must be provided to the Superintendent stating that the employee has completed or is presently enrolled in an appropriate rehabilitation program. The time frame for the receipt of this certification shall be five (5) days from the date of the initial drug test. The employee shall be subject to periodical drug testing and shall be notified of the results. With the exception of prescribed Employee Assistance Program counseling and/or other services, payment of all expenses incurred by employees shall be the responsibility of employees.
Any employee testing positive a second time shall be terminated from the Bossier Parish School System.
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
Bossier Parish School Board