CODE: 4219.23
SECTION: INSTRUCTIONAL AND SUPPORT PERSONNEL
DRUG FREE WORKPLACE
A. Introduction
The West Milford Township Board of Education recognizes its responsibility to make its best efforts to provide an educational environment and workplace free from alcohol and other drugs by establishing standards of conduct for its staff and students. The West Milford Board of Education also wishes to have its employees serve as role models for student conduct. Therefore, the West Milford Board shall establish a standard for a drug-free workplace, which, prohibits the use of alcohol or controlled substances by staff during the work day and at activities of the district involving students.
B. General - All Employees
1. The use of alcoholic beverages on school work sites is prohibited. The unlawful manufacture, distribution, dispensing, possession, use, or sale of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance on or in school work sites are prohibited. Any such violation may subject an employee to participation in a chemical dependency treatment program and disciplinary action including, but not limited to, non-renewal, suspension, or termination at the discretion of the West Milford Board of Education.
2. For the purposes of this policy "work site" shall include any school building, school premises, school-owned vehicles, or any other school-approved vehicle used to transport students to and from school or school activities. Work site also includes off-school property during any school-sponsored or school-approved activity, event, or function such as a field trip or athletic event, where students are under the jurisdiction of the school district.
3. The West Milford Board of Education may discipline an employee upon such employee’s criminal conviction or any criminal drug statute violation occurring outside of the work site . Disciplinary action may include, but is not limited to, non-renewal, suspension, or termination at the discretion of the Board.
4. Smoking by employees or the use of any tobacco products in school buildings or on any property owned by the West Milford Board of Education is strictly prohibited unless used as part of classroom instruction or in a theatrical production.
5. The Superintendent of Schools shall establish procedures for implementing a district employee assistance program related to alcohol and other drug problems.
6. The West Milford Board of Education directs the Superintendent of Schools to ensure all employees are informed of this policy through appropriate employee handbooks, meetings, or work-related documents.
C. Work Performance in Connection with a Federal Grant
1. In order for the school district to qualify for any direct federal grant, the district must certify that it will provide a drug-free workplace and maintain a good faith effort to continue to maintain a drug-free workplace. To this end, employees engaged in school work sites as a result of federal grant monies shall, in addition to complying with requirements of the programs, also be in strict compliance with this policy.
2. The Superintendent of Schools shall notify all employees whose work performance is done in connection with a federal grant that they are to notify their respective supervisors of convictions of any criminal drug statute violation occurring in the workplace. Employees must notify their supervisors no later than five (5) days after such conviction. To be in compliance, the district must notify the federal grant program of such conviction within ten (10) days of receipt of said conviction.
D. Drug and Alcohol Testing Program for Transportation Employees
The West Milford Board of Education is committed to the establishment of a drug and alcohol misuse prevention program that meets all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991 for all employees affected by said act. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by employees performing safety-sensitive functions.
All employees with commercial drivers' licenses shall be prohibited from:
1. The use of any controlled substance on or off duty unless a written prescription from a licensed physician is provided along with a written statement from the physician that the substance does not adversely affect the employee's ability to safely operate a motor vehicle or perform other safety-sensitive functions; and
2. The misuse of alcohol that could affect performance on the job; use within the four hours before performing a safety-sensitive function; having prohibited concentrations of alcohol in their systems while performing a safety-sensitive function; and use within eight hours following an accident.
"Controlled substance" in this policy refers to those covered by the Omnibus Act, including marijuana, cocaine, opiates, amphetamines and phenocyclindine (PCP).
All covered applicants and employees shall be subjected to drug testing for pre-employment or pre-duty, reasonable suspicion, random, post-accident, return-to-duty, and follow-up alcohol and drug testing pursuant to procedures set out in the federal regulations. Drug testing may occur without notice to employees. These procedures use an evidential breath testing device for alcohol testing. For controlled substances testing, urine specimen collection and testing by a laboratory certified by the U. S. Department of Health and Human Services shall be required.
Pre-employment testing shall also be administered to an applicant offered a position in the district prior to the first time the employee performs any safety-sensitive function for the district. An applicant who tests positive will not be hired for any safety-sensitive position and will be responsible for payment of said testing.
Random alcohol testing shall be limited to the time period surrounding the performance of safety-related functions which includes just before or just after the employee performs the safety-related function. Controlled substances testing may be performed at any time while the employee is at work.
An employee covered by the Federal regulations may not refuse to take a required test. Consequences for an employee's refusal shall be equivalent to a positive result of the test.
If the testing indicates prohibited alcohol concentration levels or the presence of a controlled substance, the employee shall be removed immediately from safety-related functions in accordance with the federal regulations. Before an employee is reinstated, if at all, the employee shall undergo an evaluation by a substance abuse professional, comply with any required rehabilitation, and undergo a return-to-duty test with verified test results.
The West Milford Board of Education retains the authority consistent with Federal law and contracted agreements to discipline or discharge any employee who is an alcoholic or who is chemically dependent and whose current use of alcohol or drugs affects the employee's qualifications for and performance of the job.
The district is not required under Federal law requiring drug and alcohol testing to provide rehabilitation, pay for substance abuse treatment, or to reinstate the employee. All employment decisions involving reinstatement, termination, or dismissal shall be made in accordance with applicable State law and regulations, Board policies, and negotiated agreements.
The district shall maintain records in compliance with the Federal regulations in a secure location with controlled access. With the employee's consent, the district may obtain any of the information concerning drug and alcohol testing from the employee's previous employer. An employee shall be entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol or controlled substances including information pertaining to alcohol or drug tests. Statistical records and reports shall be maintained and made available to the Federal Highway Administration for inspection or audit in accordance with federal regulations.
Records shall be made available to a subsequent employer upon receipt of a written request from an employee and only on the expressly authorized terms of the employee.
The Chief School Administrator shall insure that supervisors receive proper training to administer the drug and alcohol testing program and that employees receive the notifications required by federal regulations. Such oversight is exclusive of laboratory procedures and certifications.
Transportation contracts approved by the West Milford Board of Education shall contain assurance that the contractor will establish a drug and alcohol testing program that meets the requirements of federal regulations and of this policy and will actively enforce the regulations and be able to provide proof of enforcement of this policy as well as federal regulations.
First Reading: December 12, 2000
Adopted: December 19, 2000