CODE: 4219.23R
SECTION: INSTRUCTIONAL AND SUPPORT PERSONNEL
DRUG FREE WORKPLACE
Drug and Alcohol Testing Program for Transportation Employees
The West Milford Board of Education has a vital interest in providing safe and healthful working conditions for its employees and in maintaining high standards of efficiency and safety. It is, therefore, committed to maintaining a workplace free from the influence of drugs and alcohol.
I. Drug Free Awareness Program
To help employees and their families to understand and avoid the perils of drug and alcohol abuse, the Board of Education has developed a comprehensive Drug-Free Awareness Program. The Board of Education will use this program in an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The Drug Free Awareness Program will inform employees about:
A. the dangers of alcohol and drug abuse in the workplace;
B. the Board of Education’s Drug and Alcohol Policy;
C. the availability of treatment and counseling for employees who voluntarily seek such assistance; and
D. the sanctions which will be imposed for violations of the Drug and Alcohol Policy.
II. Authorized Use of Prescribed Medications
An employee undergoing prescribed medical treatment with any drug that may alter his or her physical or mental ability must report this treatment to their supervisor. The Board of Education will determine whether to continue or temporarily change the employee’s job assignment during the period of treatment.
III. Prohibitions
This Drug and Alcohol Regulation prohibits the following:
A. The unauthorized use or possession of an illegal drug, controlled substance, or alcohol on any Board of Education premises, in a Board of Education supplied vehicle, or during working hours.
B. The sale, distribution, or manufacture of an illegal drug or alcohol on any Board of Education premises, in a Board of Education supplied vehicle, or during working hours.
C. Storing alcohol or any illegal or controlled substance whose use is unauthorized or drug paraphernalia in a locker, desk, automobile, or any other area on any Board of Education premises.
D. Being under the influence of a controlled substance, illegal drugs, or alcohol on any Board of Education premises or while on Board of Education business, in Board of Education supplied vehicles, or during working hours. "Under the influence" of alcohol is defined as having a blood alcohol level of .04. "Being under the influence" of a controlled substance or illegal drug is defined as testing positive at a specified ng/ml level set forth by the Department of Transportation.
E. Possession, use, manufacture, distribution, or sale of illegal drugs off of Board of Education premises, or use of alcohol off premises, when such conduct adversely affects the individual’s work performance, jeopardizes his or her own safety or others’ safety at work, presents a danger to Board of Education property, or impairs the Board of Education’s regard or reputation in the community.
F. Switching or adulterating any urine sample submitted for testing.
G. Refusal of consent to testing or refusal to submit to a urine and/or Breathalyzer test when requested by administration.
H. Refusal to submit to a search of person or property when lawfully requested by administration.
I. Failure to adhere to the requirements of any drug or alcohol treatment or counseling program in which the employee is enrolled.
J. Conviction under any criminal drug statute for a violation occurring in the workplace; arrest or conviction under any criminal drug statute under circumstances which adversely affect the Board of Education’s regard or reputation in the community.
K. Failure to notify the Board of Education of any arrest or conviction under any criminal drug statute within five (5) days of the arrest or conviction.
L. Failure to report to supervisor the use of any prescription drug which may alter the employee’s behavior or physical or mental ability.
M. Refusal to sign a statement agreeing to abide by the Board of Education’s Drug and Alcohol Policy.
IV. Testing
Testing for will be held on site, whenever possible, at the bus compound at Highlander Drive, West Milford, New Jersey. The types of drug testing under this program encompass, and do not exceed, those required by regulations. The testing program will screen for the following drugs or metabolites: Cocaine, Marijuana, Opiates, Phencyclidine (PCP), and Amphetamines.
There are four situations under which testing can be required of an employee:
A. Random
B. Reasonable Cause
C. Post-Accident
D. Return to Duty
A. Random
The Board of Education will conduct a program of unannounced, random testing of transportation employees. Those employees randomly selected will be required, without advance notification, to submit to a urine test for drugs and a Breathalyzer test for alcohol. An employee who tests positive for alcohol or drugs will be in violation of this regulation.
The total unannounced tests after the first year of random testing will be equal to a number which is not less than fifty percent (50%) for drug testing and ten percent (10%) for alcohol testing in accordance with the D.O.T. 2000 guidelines. This test will be conducted on an annual basis and based on the total number of eligible employees on the Board of Education’s payroll at the time of the unannounced tests. Random selection of employees for testing will be done quarterly by the Business Administrator or designee and will be based upon a Computerized Random Selection Program keyed to employees’ social security numbers whereby each employee will have an equal change of being chosen for testing during each of the testing periods. The chance that one employee may be selected more than one time annually is a possibility. There is a chance that one such employee may not be selected for an entire year. Also, due to the recommended selection program, "Double Jeopardy", one candidate may be required to be tested for alcohol and drugs.
B. Testing for Reasonable Suspicion
Whenever the supervisor reasonably suspects that an employee’s work performance or on-the-job behavior may have been affected in any way by the use of alcohol or drugs, or that employee has otherwise violated this regulation, the Board of Education may require the employee to submit to a urine and/or Breathalyzer test for alcohol and drugs. An employee who tests positive for alcohol or drugs will be in violation of this regulation. Such a decision will be based on the observation of the employee by a supervisor trained in the detection of probable drug use or alcohol abuse and a written statement prepared and signed as to the observed conduct.
C. Post Accident
Whenever an employee is involved in a reportable accident or is involved in an accident that appears to have been preventable or receives a citation for a moving traffic violation arising from the accident, the Board of Education will require the employee to submit to a urine and/or alcohol Breathalyzer test for alcohol or drugs within eight (8) hours after the accident.
An employee who tests positive for alcohol and/or drugs will be in violation of this regulation. A reportable accident is one that results in the death of a human being or bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident.
D. Return to Duty
Whenever a West Milford Board of Education employee has previously failed a drug or alcohol test, a program of additional unannounced random testing situations will be established for that employee for a period of twenty-four (24) months. The district’s Substance Abuse Coordinator, in consultation with the Chief Medical Inspector, will be responsible for reviewing such person’s rehabilitation program participation and counselor evaluation.
The Board of Education will afford applicants and employees the opportunity, prior to testing, to list all prescription and non-prescription drugs that have been used during the previous thirty (30) days and to explain the circumstances surrounding the use of such drugs. Proof of a prescription for the employee’s use of the medication must be made available to the Chief Medical Inspector, if so requested.
Prior to testing, applicants and employees must sign an approved form consenting to the testing. Prior to taking any action, the Board of Education will give all employees who test positive the opportunity to explain in writing the test results.
V. Confidentiality
Test results are released to the Substance Abuse Coordinator and Chief Medical Inspector only in a sealed envelope with confidential marking on the outside of the envelope. The employee is notified by the Chief Medical Inspector if the test is positive. Otherwise, all test results will be treated as confidential and will not be released to anyone without permission of the tested individual.
VI. Notification
An individual may be notified of his or her test results upon written request. An individual will be automatically notified by the Chief Medical Inspector if the test is positive and further notified of what drug was discovered.
VII. Training Education Program
The West Milford Board of Education will develop the training materials necessary to provide required employee training. This training will require one hour for each employee. Subjects covered in the training will include the health and safety effects of controlled substance abuse on personal health, safety, and work environment and the manifestations and behavior causes that may indicate controlled substance use or abuse.
For supervisors who may make "reasonable suspicion" decisions, there will be an annual recurrent training in the identification of possible alcohol or drug abuse by employees and the proper methods to apply if such usage is suspected.
VIII. Inspections
Whenever a supervisor has a reasonable suspicion that an employee’s work performance or on-the-job behavior may have been affected in any way by the use of alcohol or drugs or that an employee has sold, purchased, used, or possessed alcohol, drugs, or drug paraphernalia on Board of Education premises, the Business Administrator or designee may search the employee, the employee’s locker, desk, or other Board of Education property under the control of the employee, as well as, the employee’s personal belongings or automobile on Board of Education property.
IX. Consequences of Violation
Violation of the Drug and Alcohol Regulation may result in severe disciplinary action as per Board policy and contractual agreement.
First Reading: August 28, 2001
Adopted: September 25, 2001