FILE:  GAME

Cf:  GAMD

 

EMPLOYEE ALCOHOL/DRUG TESTING

 

 

The Pointe Coupee Parish Public School System policy fully supports the concept of drug-free and alcohol-free workplaces and employees.  Though the school system 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.  Board policy now prohibits the unlawful manufacturing, distribution, dispensing, possession, intoxication due to or as a result of use of controlled substance by its employees in any workplace operated by the system or in any other location.  For any such violation, disciplinary action is required.  Also, 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 Board owned, leased or used vehicle including any school bus, or any employee workplace.  Consistent with these goals, the following requirements are adopted.

 

As a condition of employment within the school system, all individuals seeking employment may be required to 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 within the Pointe Coupee Parish School System, and shall not be considered for employment within the school system for at least six months.

 

As a condition of continued employment, the Pointe Coupee Parish School Board, as of July 1, 1994, may require samples from a school system employee for alcohol/drug testing in the following circumstances:

 

  1. When an employee is involved in any accident during the course and scope of his or her employment; or
     

  2. Under the circumstances which result in reasonable suspicion that drugs are being used by the employee; or
     

  3. As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement; or
     

  4. In connection with any required periodic medical exams; or
     

  5. 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 on 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 after a confirmatory test or under the influence of alcohol, will be required to undergo a rehabilitation or treatment program at the employee's expense and/or be subject to disciplinary action.

 

A school bus operator that tests positive for the presence of alcohol of .08 percent or higher or certain drugs on tests administered in the scope of the operator's employment as a school bus operator shall be prohibited from driving a bus or transporting students in any manner until the Board determines the operator may return to driving.

 

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 assigned duties a school board employee performs, or is responsible for performing, primarily or specifically, and are directly related to the operation or maintenance of a motor vehicle; or responsible for supervising or attending children on a motor vehicle and transported to and from school; or inspecting, servicing, maintaining or using gas-fired equipment or gas utility systems; or using or maintaining kitchen equipment and utensils, and which, if not performed properly, could result in serious personal injury or property damage to the employee, students, or other employees, the facilities for providing education programs, or the general public.  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.

 

Security-sensitive refers to a position that the employee performs or is responsible for performing, primarily or specifically, duties where there may be the need to employ deadly force and which are directly related to the security of employees and students, a school or facility of the Pointe Coupee Parish School Board, which if not performed properly, could result in serious injury or death to the employee, student, other employees or general public as a result of the use of a firearm, or any other deadly means.  Any 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.

 

As of July 1, 1994, the following positions are designated as safety-sensitive or security sensitive positions:  school bus operators, any person who operates a school system vehicle, mechanics who perform maintenance on school system vehicles, all persons supervising or attending children on a school bus or other vehicle used to transport school children; security guards or personnel; maintenance department employees who inspect, repair or in any manner service any equipment, pipeline or apparatus which uses natural or propane gas or is connected to natural or propane gas; and all who exercise any supervision over such persons.  Persons in any of the above positions shall be subject to unannounced random alcohol/drug testing.  A positive confirmatory test as a result of random testing may require the employee to undergo treatment at the employee's expense or be subjected to disciplinary action.

 

All testing/screening shall be conducted in accordance with applicable state and federal laws and regulations.  The Superintendent shall promulgate administrative regulations designed to implement the provisions of this policy.

 

Revised:  January, 1997

Revised:  October, 1997

 

 

Ref:     La. Rev. Stat. Ann. §§17:81, 23:1081, 23:1601, 49:1111

Board minutes, 11-21-96

 

Pointe Coupee Parish School Board