3.01

In order to comply with Department of Transportation 49 CFR 40, 49 CFR 391, and 49 CFR 394, any and all future and existing applicable Federal or State mandated Drug Programs, and to provide a safe and healthful work environment for all employees of Iberville Parish School Board (IPSB) to prevent accidents and casualties in IPSB's operations that result from impairment of employees who use alcohol or drugs or their use of alcohol or drugs, IPSB has determined that a uniform and effective drug policy be established to accomplish these objectives.  It is recognized that the employees of IPSB are IPSB's most valuable resource in the conducting of the business of IPSB and, for that reason, their health and safety are of paramount concern.

3.02

It is further the objective of these policies to protect the well-being and property not only of IPSB employees but also all other persons on company premises, including visitors and guests.

3.03

The policy is also being established to comply with applicable laws, statutes and regulations that have been enacted relating to drugs and safety in the workplace.

4.01

DRUG - Any chemical substance, including alcohol, that either produces physical, mental or emotional change in the user, or one that is capable of altering the mood, perception, pain level, or judgment of the individual consuming it.

4.02

ILLEGAL DRUG - Any drug (a) which is not legally obtainable or (b) which is legally obtainable but has not been legally obtained.  The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes.  The term "illegal drug" includes marijuana.

4.03

LEGAL DRUG - Any prescribed drug or over-the-counter drug or medication which has been legally obtained and is being used for the purpose for which it was prescribed or manufactured.

4.04

PRESCRIBED DRUG -  Any substance for which a prescription has been written by a licensed medical practitioner for consumption by the individual for whom it is written or ordered.

4.05

LOOK-ALIKE DRUGS - A tablet, capsule, powder or liquid containing controlled over-the-counter ingredients whose physical appearance resembles various prescription drug products which contain popular substances of abuse and are regulated under the provisions of the Controlled Substance Act of 1970, as amended.

4.06

ACT-ALIKE DRUGS - Those chemicals not manufactured to closely resemble controlled substances, but which are promoted in the same way and which contain the same ingredients as look-alike drugs.

4.07

DESIGNER (SYNTHETIC) DRUGS - Those chemical substances that are made in clandestine laboratories where the molecular structure of both legal and illegal drugs is altered to create a drug not banned by federal law.

4.08

PROHIBITED DRUG - Any of the following substances specified in Schedule I or Schedule II of the Controlled Substances Act, 21 USC 801, 21 USC 802 (1931 & 1987 Cum. P.P.):  marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).  In addition, "prohibited drug" includes any substance in Schedule I or II if prior approval obtained from FHA pursuant to testing.

4.09

DRUG ABUSE - Drug abuse is the use of a drug or chemical substance for other than medical purposes which results in the impaired physical, mental, or emotional well-being of the user.

4.10

DRUG MISUSE - The unintentional or inappropriate use of prescription or over-the-counter drugs or chemical substances, which results in impaired physical, mental, or emotional well-being of the user.

4.11

CONTROLLED DRUGS - Those drugs or chemical substances placed on a schedule or in special categories to prevent, or limit their distribution and manufacture as defined by the Controlled Substance Act of 1970, as amended.

4.12

ALCOHOL OR INTOXICATING BEVERAGE - Any liquid that may be legally sold and consumed, and that has an alcohol content in excess of 2 of 1% by volume.

4.13

UNDER THE INFLUENCE - For the purposes of this policy an employee is "under the influence" if an employee is affected by a drug, chemical substance or alcohol, or the combination of a drug, chemical substance or alcohol in any detectable manner.  The symptoms or influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance.  A determination of influence can be established by a professional opinion, a scientifically valid test and, as in the case of alcohol, by a lay person's opinion.

4.14

REASONABLE SUSPICION - A supervisor's or management level employee's of IPSB belief based upon objective and articulable facts, based on specific, contemporaneous physical, behavioral, or performance indicators, sufficient to lead a prudent person to suspect that any employee is using drugs or alcohol, or otherwise is in violation of this policy.

4.15

EMPLOYEE/TRUCKING - Person employed in operating any self propelled or towed vehicle used on public highways in interstate commerce to transport passengers or property when:

1. the vehicle has a gross weight rating or gross combination weight rating of 26,001 or more pounds.
    

2. the vehicle is designed to transport more than 15 passengers including the driver.
    

3. the vehicle is used in the transportation of hazardous materials requiring placarding under the jurisdiction of 49 U.S.C. App. 1801-1813.
    

4.16

ACCIDENT/TRUCKING - In the case of drivers, an accident is defined in 49 CFR 3394.3 as an occurrence involving a commercial motor vehicle engaged in intrastate, interstate or foreign operations of a motor carrier subject to the DOT Act which results in the death of a human or bodily injury to someone who must therefore receive immediate medical treatment away from the scene, or one or more vehicles incurring disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.  The exceptions to the definition appear in 49 CFR 391.3 (b).

4.17

MEDICAL REVIEW OFFICER (MRO) - A licensed physician, either a doctor of medicine or doctor of osteopathy, knowledgeable in drug abuse disorders, including the medical effects of prescription drugs and the pharmacology and toxicology of illicit drugs.

4.18

COVERED POSITION - Any position which falls under the guidelines of Department of Transportation 49 CFR 391, 49 CFR 394.

5.01

This policy pertains to illegal, controlled and unauthorized drugs, alcohol, chemical substances.  For the purposes of this policy, the term "Company Premises" of IPSB includes all property, offices, facilities, land, buildings, structures, fixtures, installations, automobiles, trucks and all other vehicles and equipment, whether owned, leased, rented or used by IPSB.

5.02

This policy applies to property of all customers of IPSB while on Company Premises.

5.03

This policy applies to any other work locations of IPSB and the mode of transportation to and from those locations while in the course and scope of IPSB's employment.

6.01

The use, abuse, reporting to work with detectable amounts in the system, bringing onto IPSB Premises of IPSB's property (as defined above), possession, transfer, storage, concealment, transportation, promotion or sale of the illegal substances is strictly prohibited.

6.02

The possession of illegal drugs, unauthorized controlled substances, look-alikes, inhalants of abuse, designer and synthetic drugs, alcohol or intoxicating beverages, and any other drugs or substances which may affect a person's perception, performance, judgment, reactions or senses while working or while on IPSB's business, including any and all drugs declared to be illegal under any Federal or State law is prohibited.

6.03

The possession or the reporting to work or working with detectable amounts in the system of alcoholic or intoxicating beverages on Company Premises which affect an employee's mood, senses, responses, motor functions, or alter or affect a person's perception, performance, judgment, reactions or senses while working or while on IPSB's premises, the bringing onto IPSB premises (as defined above) or the storage, concealment, promotion, or sale of alcoholic or intoxicating beverages is prohibited.

6.04

The legal use of prescription drugs (Legally Controlled Substances) prescribed by a licensed physician are permitted, however:

1. Employees shall immediately inform their supervisor prior to using prescribed medication on the job.
    

2. Medication shall be in its original vial or be in a vial provided by the pharmacist commonly referred to as "day carriers" and shall be in the employee's name and shall have the doctor's name and the prescription number on the label, as well as the date of issuance.
    

3. Each prescription shall not be older than one (1) year of the date issued.
    

4. Employees shall only possess a reasonable amount of medication for a normal work shift.
    

5. The employee whose name appears on the label of the vial shall not allow any other IPSB employee, visitor, guest, subcontractor, or any other person to consume the prescribed drug or medication.
    

6. The employee shall not consume the prescribed drug or medication more often than as prescribed by the employee's physician and as set out on the label of the vial.
    

6.05

IPSB reserves the right to have its Medical Review Officer determine if use of a prescription drug or medication by an employee produces effects which may increase the risk of injury to the employee or other employees.  If such a finding is made, IPSB reserves the right to restrict the work activity of the employee until such time as the Medical Review Officer advises IPSB that the employee's ability to perform his job is no longer adversely affected by the consumption of said drug or medication.

6.06

Any employee who is convicted of any criminal drug statute must notify the President of IPSB or his designated representative of the conviction within five (5) days and the President of IPSB or his designated representative is to notify Federal agencies under contract with IPSB within ten (10) days after receiving notice of a conviction.

7.01

IPSB will enforce these policies by urine/substance screening and blood, plasma and/or saliva/breath testing. 

7.02

IPSB - reserves the right to require employees to submit to medical, physical, or psychological evaluations or examinations at any time as a condition of initial or continued employment.  Such examinations or evaluations may include, but are not limited to, urine drug/substance screens, blood or plasma tests, saliva/breath tests, or other examinations or tests as deemed appropriate to determine the use of illegal or unauthorized drug, alcohol or chemical substance prohibited by this policy or to establish the employee's fitness for duty.

8.01

DRUGS TO BE TESTED FOR - The following five classes of drugs will only be tested:  Amphetamines, Opiates, Cocaine, Cannabinoids, and Phencyclidine, and Alcohol.

8.02

PRE-EMPLOYMENT TESTING - A pre-employment drug and/or alcohol test must be conducted when either an individual is hired for a covered position or when a current employee is first transferred from a non-covered to a covered position, unless the individual is already subject to an anti-drug program.  Also, an employee who is separated from an anti-drug program must be pre-employment tested prior to performing a covered function.

8.03

In the case of drivers, IPSB may, at its discretion, opt not to test applicants for driver positions if IPSB assures itself that the driver is currently involved in a drug testing program which meets the requirements of 49 CFR 391.  IPSB shall assure itself of such at least every six (6) months in the case of a driver it employs one (1) or more times per year by following the requirements set forth in 49 C.F.R. 391.103(d)(2), (3), and (4).  IPSB may also opt not to test an applicant for a motor carrier position if such applicant is regularly employed by another motor carrier which certifies in a written statement complying in all aspects with 49 CFR 391.65 (A)(b)10.

8.04

RANDOM TESTING - Random testing applies to all persons who perform functions covered by the "covered employee" definition.  This includes supervisory personnel who actually perform covered functions, but not those who just supervise such performance by others.  Even if a supervisor performs a covered function only in an emergency, by doing so that supervisor would serve as an employee and thus be subject to random testing.  An "employee" also includes part-time and temporary employees who perform a function covered by the "employee" definition.  All employees (full-time, part-time and temporary) subject to testing will be placed in a common selection pool and selection will be made by a statistically valid method.  Employees may continue in the anti-drug program after termination of employment.

8.05

POST-ACCIDENT/INCIDENT TESTING - Any employee whose performance either contributed to an accident/incident or cannot be completely discounted as a contributing factor to the accident/incident will be tested.  The employee should be tested as soon as possible, but not later than 32 hours after the accident/incident.  (See Sec. 4.16)

8.06

REASONABLE CAUSE TESTING - An employee will be tested when there is reasonable cause to believe the employee is using a prohibited drug and/or alcohol.  A decision to test will be based on specific contemporaneous physical, behavioral, or performance indicators of probable drug and/or alcohol use.

8.07

BIENNIAL (PERIODIC) TESTING/TRUCKING - An employee will be required to be tested once during the first medical examination of employee after implementation of this program.  This may be discontinued after the first calendar year.

8.08

RETURN TO DUTY TESTING - Employees returning to duty after completion of rehabilitation must be given unannounced drug tests, as scheduled by the MRO, in addition to being subject to the other types of testing.  The period of such testing may not be more than sixty (60) months after the employee has returned to duty at the discretion of the MRO.

9.01

No employee testing procedure (urine, blood/plasma, saliva/breath) will be conducted without the written consent from the employee(s) involved.

9.02

Entry onto IPSB's property, job-sites, or work locations as described above constitutes the recognition of the right of IPSB or its authorized representatives to test its employees for drugs or alcohol.

9.03

All employees of IPSB and its subsidiaries are subject to the following action:

10.01

All collections and testing will be performed with concern for each employee's privacy.  The results of any drug screening will be considered a confidential record to disseminated strictly on a "need-to-know" basis or as may be legally required.

10.02

All collections will be performed by an approved third party security personnel who is familiar with the proper collection procedures of this policy.

10.03

All sample collections, storage and transportation shall be performed as stated in the N.I.D.A. guidelines.

10.04

Testing will be performed by any laboratory chosen by IPSB or its testing contractor which is certified by the Department of Health and Human Services/N.I.D.A.

10.05

For drug and/or alcohol urinalysis of covered employees, each specimen will be tested to determine the presence of alcohol and/or amphetamines, cannabinoids, cocaine, opiates, and phencyclidine.

10.06

All positives reported by the laboratory must be confirmed by Gas Chromatography/Mass Spectrometry.

11.01

IPSB will provide an employee assistance program (EAP) for its employees and supervisory personnel who will determine whether an employee must be drug tested based on reasonable cause.  They may establish the EAP as a  part of its internal personnel services or may contract with an entity that provides EAP services.  Each EAP will include education and training on drug use.

11.02

Education under each EAP will include at least the following elements:  display and distribution of informational material; display and distribution of a community service hot-line telephone number for employee assistance; and display and distribution of the employer's policy regarding the use of prohibited drugs.

11.03

Training under each EAP for supervisory personnel who will determine whether an employee must be drug tested based on reasonable cause must include one 60-minute period of training on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use.

12.01

Compliance with this drug-free workplace statement and this policy is a condition of employment with IPSB.  Nothing in this policy shall be construed as any guarantee or promise to any applicant or any employee, any employment or any continued employment whatsoever, nor shall any provisions of this policy constitute or be interpreted by any party or tribunal to constitute any contractual rights of employment, express or implied, with IPSB or any obligation of employment rights created by covenants of good faith and fair dealing, either expressed or implied.

12.02

Nothing in this policy shall be interpreted as constituting any waiver of or limitation on IPSB's right to invoke disciplinary measures as may be appropriate nor shall it constitute any waiver of or limitation on all employees responsibility to protect, guard and take adequate precautions for his or her own safety and health in the workplace.

12.03

This policy may be amended as necessary to meet the requirements of applicable laws, statutes, or regulations.  It may also be amended as deemed necessary by IPSB, or to meet the interests of the objectives of this policy as may be determined, from time to time, by IPSB.  All rights to further amend, refine, and redefine are specifically reserved to IPSB.