FILE:  GAMD

Cf:  GAME

 

DRUG-FREE WORKPLACE

 

 

The Iberville Parish School Board is dedicated to providing and maintaining a drug-free workplace as defined in the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226.  Manufacture, distribution, dispensing, possession or use of a controlled, dangerous substance as listed in Schedules I, II, III, IV, or V of the Uniform Controlled Dangerous Substance Law, hereinafter referred to as "controlled substance", or alcohol in or on School Board property or reporting to work or working while under the influence of a controlled substance or alcohol presents serious risk and problems for employees with resulting negative effects on students, co-workers, families and the public.  The intent of this policy is to prohibit actions related to controlled substances and alcohol in the workplace by employees, and to allow for an efficient and sound learning environment.

 

CONFIDENTIALITY

 

The Iberville Parish School Board is sensitive to individual employee privacy rights.  Incidents involving drugs or alcohol shall be kept confidential unless disclosure occurs within the course of tenure or disciplinary actions or there is a statutory requirement for mandatory reporting.  Confidentiality shall be maintained under the supervision of the Superintendent who shall direct that all personnel files be kept in a special locked filing cabinet.

 

DEFINITIONS

 

For the purpose of this Drug-Free Workplace policy and for certification that Iberville School Board maintains a drug-free workplace the following definitions shall be used:

 

 

Under the influence shall mean that the employee is affected by a drug or alcohol in any detectable amount.

 

 

Workplace shall mean any Iberville Parish School Board property or any other site for the performance of work done in connection with employment by the Board, including the operation of vehicles in the course and scope of employment.

 

DRUG-FREE WORKPLACE CERTIFICATION

 

In order for Iberville 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 or reporting to work or working while under the influence of a controlled substance or alcohol shall be prohibited in the workplace and at all Iberville Parish School Board functions, including athletic events, graduations, dances, dramatic events, fairs, etc.

 

IMPLEMENTATION PROCEDURES

 

1.

Publish this document as a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is prohibited in the workplace, or reporting to work or working while under the influence of a controlled substance or alcohol and specific actions, including a possible tenure hearing or a non-tenure dismissal, shall be taken against employees for violation of such prohibition.

 

2.

Establish a drug-free awareness program to inform employees about:

 

A.

Dangers of drug abuse in the workplace;

 

B.

The policy of maintaining a drug-free workplace;

 

C.

The availability of drug counseling and rehabilitation programs;

 

D.

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

 

3.

Make it a requirement that each employee who is engaged by the Iberville Parish School Board be given a copy of this policy and sign a document yearly that he/she has read and received this document. 

 

4.

Notify all regular employees and substitute employees in the statement required by paragraph (A) that, as a condition of employment, the employee shall:

 

A.

Abide by all the terms of the Drug-Free Workplace policy;

 

B.

Notify the Superintendent of any criminal controlled drug statute allegation or conviction no later than five (5) days after such allegation or conviction.

 

C.

Notify the Superintendent of any D.W.I. (Driving while intoxicated) conviction no later than five (5) days after such conviction.

 

5.

The Iberville Parish School Board shall notify the appropriate federal agency within ten (10) days after receiving notice under subparagraph (D) (2), of a controlled drug statute allegation or conviction from an employee or otherwise receive actual notice of such conviction.

 

6.

Within thirty (30) days of receiving notice under sub-paragraph (D) (2) of a controlled drug related conviction, the employee shall be subject to procedural termination factors as determined by Louisiana Law and Iberville School Board policy.

 

7.

A controlled drug that is possessed by an employee pursuant to a valid prescription issued by a licensed physician for bona fide medical purposes is exempt from the above declared policy, provided this is reported to the site based administrator.

 

8.

Upon official charge of a violation by an employee with regard to manufacturing, distribution, dispensing, possession or use of a controlled substance or alcohol in the workplace or reporting to work or working while under the influence of a controlled substance or alcohol, the Superintendent or his/her designee shall immediately conduct a complete investigation into the matter.  If an employee's behavior indicates that he or she is unable to safely or  satisfactorily perform the job or there is a reasonable suspicion the employee is under the influence of drugs or alcohol the Superintendent shall invoke sections A, F, or G.  The Superintendent may recommend termination or other appropriate disciplinary action against the employee.

     

9

Any employee who may potentially have a chemical dependency problem may schedule a conference with his/her immediate supervisor and/or the Drug-Free Schools and Communities Coordinator.  The conference will be the vehicle to determine if referral to an appropriate resource  agency would be helpful to the employee.  If it is determined that a program of chemical dependency treatment would be beneficial to the employee, appropriate vehicles for that care will be recommended.

     .

Employment Conditions

 

Employees of the Iberville Parish School Board are explicitly prohibited from unlawful manufacturing, making, distributing, dispensing, selling, possession of or using controlled substances or alcohol in the workplace or reporting to work or working while under the influence of a controlled substance or alcohol.  Controlled substances are defined in Schedule I through V of Section 202 of the Controlled Substance Act (21 USC 812) and further defined by regulation at 21 CFR 1308.11 through 1308.15.  The workplace is any Iberville Parish School Board property or other site where work is performed by employees of the Board, including the operation of vehicles in the course of Board employment.  As a condition of employment, the employee shall:

 

1.

Abide by the terms of this Drug-Free Workplace policy;

 

2.

Notify the Iberville Parish School Board Superintendent of D.W.I. (Driving while intoxicated) conviction no later than five (5) days after such allegation or conviction.

 

3.

Notify the Superintendent of any criminal controlled drug statute allegation against the employee no later than five (5) days after such allegation.

 

4.

Immediately notify the Superintendent of any violation of the Iberville Parish School Board Drug and Alcohol policy by the employee or by others.

 

Any employee engaged in work for the Iberville Parish School Board is subject to Drug-Free Workplace policy requirements.  If convicted of a criminal controlled drug statute violation he/she shall be subject to discharge for willful neglect of duty after all procedural due process requirements mandated by Louisiana Law and the Iberville Parish School Board policies have been met.

 

All employees of the Iberville Parish School Board shall attend a yearly one hour drug-free awareness program.  Employees shall be given a copy of this policy and shall be required to acknowledge receipt and understanding of it.  Failure to complete these requirements shall make the employee in violation of the Drug-Free Workplace policy.

 

 

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. ยงยง17:240, 17:405, 40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971, 40:971.1

Board minutes, 10-26-92, 8-9-93

 

Iberville Parish School Board