DRUG AND ALCOHOL TESTING Policy Code: 7241

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1 DRUG AND ALCOHOL TESTING Policy Code: 7241 The Onslow County Board of Education is committed to promoting the welfare of students and staff and to maintaining high standards of safety, efficiency and reliability in operating schools. The Board has established criteria to determine the suitability of individuals who become employed and continue to work in the schools. The use, possession, purchase, sale or manufacture of alcohol, illegal drugs, or non-prescribed drugs, or being under the influence of alcohol, illegal drugs, or nonprescribed drugs while on Onslow County School System property, while operating equipment or vehicles, or while engaging in school system business is strictly prohibited. All employees are expected to report to work and perform their duties without any adverse effects due to the use or abuse of any drug, medication or alcohol. To ensure a workplace and educational setting free from the influence of illegal drugs and alcohol abuse, the following procedures have been established Individuals Affected This drug testing policy shall apply to four categories: 1. All individuals who operate commercial motor vehicles owned and/or operated by the school system. For the purposes of this policy, a commercial motor vehicle is defined as a motor vehicle which 1) has a gross combination weight rating of 26,001 or more pounds including any towed unit, or 2) has a gross vehicle weight rating of 26,001 or more pounds, 3) is designed to transport sixteen or more passengers, including the driver, or 4) is of any size used for the transportation of hazardous materials as defined under the Hazardous Materials Transportation Act. 2. Any individual operating a vehicle leased or owned by the school system that is involved in an accident. 3. Any employee involved in the operation of maintenance equipment or responsible for maintenance or repair of school buildings and/or equipment. 4. Any employee identified by a supervisor or principal as meeting the criteria for "reasonable suspicion" of drug or alcohol use. The Board of Education shall pay for the administration of drug testing for each category. RESPONSIBILITY Superintendent or Designee The superintendent or designee is responsible for ensuring that all employees adhere to this policy and in all matters relevant to it. ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 1 of 6

2 The superintendent or designee is responsible for coordinating employee training pertaining to the drug testing policy and for disseminating the policy to each work site. Any and all information regarding suspected substance abuse shall be referred to the superintendent or designee and shall be held in confidence by the Personnel Department. Any confidential information on substance abuse may be communicated by the superintendent or designee to the proper authority on a need-to-know basis. Supervisors/Principals All supervisors/principals are responsible for ensuring that personnel attend training pertaining to the Board's substance abuse policy and that they are familiar with and adhere to the requirements of this procedure. In cooperation with the superintendent/designee, supervisors/principals will be responsible for implementation of the policy, including any necessary disciplinary actions. Employees All employees are responsible for adherence to the requirements of this policy. Employees are expected to share the responsibility of ensuring that the schools are safe and free from the dangers which are associated with the abuse of alcohol or other drugs in the work environment. Any employee having a reasonable basis to believe that another employee is illegally using, is illegally in possession of any controlled substance, or is intoxicated should immediately report the facts and circumstances to the supervisor/principal. Definitions Medical Review Officer - a licensed physician to whom all laboratory tests are sent and who reviews and interprets all "positive" laboratory test results. Employee - for the purpose of this policy, any person whose position results in salary payments authorized by the Board. Chain of Custody - a written record of each individual who has handled or had access to any specimen which has been collected, stored, tested and retained. Chain of custody shall include the identity of each individual who has had possession and control of any specimen, as well as the dates, times and locations of such custody. Controlled Dangerous Substance - any drug determined as such by the Federal Drug Administration, or any drug for which possession without a prescription is prohibited by the laws of this State. Impaired - under the influence of a substance while on the job such that an employee's motor and/or sensory function (e.g. sight, hearing, balance, coordination, reaction, reflex) or judgment are adversely affected. Approved Laboratory - means a laboratory certified to perform drug screening testing. DRUGS TO BE TESTED When drug screening is required under the provisions of this program, urinalysis will be conducted to detect the presence of the following drugs: ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 2 of 6

3 a. Amphetamines b. Cocaine c. Opiates d. Phencyclidine (PCP) e. THC (Marijuana) A certified toxicologist of the approved laboratory will determine the content level of each substance required to reveal whether an employee has consumed or is under the influence of a listed drug. Any employee found to have abused prescription drugs will be subject to the terms and conditions of this program. INDIVIDUALS TO BE TESTED Random Testing All individuals who operate commercial motor vehicles owned and operated by the school system will be subject to a controlled substance abuse screening, when selected at random. Beginning on January 1, 1995, and thereafter, all random testing will be conducted according to the requirements of the Omnibus Employee Transportation Act PL Random testing will be in accordance with federal guidelines and percentages established. As soon as practicable following an accident involving a commercial motor vehicle or a systemowned or leased vehicle, the following persons shall be tested for alcohol and controlled substances: a. Any driver who was performing safety sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or b. Any driver who receives a citation for a moving traffic violation arising from the accident. A driver who is subject to post-accident testing shall remain readily available for such testing. The failure of an employee to remain readily available for testing may be considered a refusal to submit. Provided, however, that nothing in this policy shall be construed so as to require the delay of necessary medical attention for injured persons. The cost of the screening shall be borne by the school system. All individuals will be required to sign consent forms authorizing drug/alcohol testing and permitting release of the test results to Board officials. An individual who refuses to comply with the drug/alcohol testing requirement shall be denied approval to continue driving a school system-owned vehicle. An employee who refuses to consent to a test will be subject to disciplinary action up to and including dismissal. Current employee testing for reasonable suspicion A supervisor/principal who has reasonable suspicion that an employee in his/her department is using or under the influence of drugs or alcohol which impairs the employee's ability to do the assigned ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 3 of 6

4 job shall immediately relate to the superintendent/designee those facts giving rise to the reasonable suspicion. Before a drug/alcohol test is administered, the supervisor/principal may ask the employee to sign a consent form authorizing the test and permitting the release of test results to the superintendent/designee. It is crucial for a supervisor to be able to articulate clearly and document the odd or unusual behavior giving rise to his/her reasonable suspicion that an employee is impaired due to substance abuse. The supervisor should conduct an investigation including a confidential conference, away from the work station and other employees, asking the employee to explain his/her behavior. Nothing in this procedure should be interpreted as preventing a supervisor from taking immediate action necessary to ensure the safety of the employee, his/her fellow workers, students, or the public, such as preventing the employee from continuing to operate equipment in an unsafe manner. The consent form shall also set forth the following information: a. Appeal rights; b. The consequences of a positive test result; and, c. The consequences of refusal to undergo a drug/alcohol test. An employee who refuses to consent to a test when reasonable suspicion of drug or alcohol abuse has been identified and documented will be subject to disciplinary action up to and including dismissal. Any employee requesting delay(s) of a drug/alcohol test scheduled under the provisions of this policy or failing to appear for the test will be considered to have refused to consent to testing and will be subject to the provisions stated above. THE TEST Normally a urine test will be used to determine the presence of drugs and a breath testing device will be utilized for detection of alcohol. Guidance and instructions in administering the test will be provided by an approved laboratory to ensure that proper steps are followed in collecting and evaluating samples. A strict chain of custody will be maintained by all personnel involved with the sample collection, transporting and testing. Collection of Samples In order to test reliably for the presence of drugs or alcohol, a sample will be required from the employee. Presentation of reliable individual identification from the person being tested may be required at the time a sample is collected. Scheduling of Tests a. Any drug or alcohol test may occur during, or immediately before or after a regular work period. Such testing shall be deemed work time for the purposes of compensation and benefits for employees. b. The Onslow County School System shall pay all actual costs for drug and/or alcohol testing for employees. ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 4 of 6

5 c. Reasonable transportation costs will be paid by the school system for employees who require testing at a location other than the employee s normal work site. Testing Procedures a. The collection of samples shall be performed under reasonable and sanitary conditions. b. Samples shall be labeled so as to reasonable preclude the possibility of misidentification. c. Sample collection, storage and transportation shall be performed so as reasonably to preclude the possibility of sample contamination, adulteration or misidentification. d. Sample drug testing shall comply to scientifically accepted analytical methods and procedure. If a test result is positive, the employee will be notified of the result, in writing, by the superintendent/designee. Employees who test positive for illegal drugs may consult with the Medical Review Officer to provide evidence which may justify a positive result. CONSEQUENCES OF A POSITIVE DRUG/ALCOHOL TEST RESULT Except as otherwise provided in this policy, an employee who has a positive drug/alcohol test result will be subject to disciplinary action up to and including dismissal. EMPLOYEE ASSISTANCE PROGRAMS An employee participating in a drug/alcohol rehabilitation program approved by the superintendent/designee will be subject to unannounced drug tests. Upon a positive drug/alcohol test result, an employee who is either probationary or a career status teacher as defined under the provisions of General Statute 115C-325 will be dismissed in compliance with General Statutes 115C-325. An employee satisfactorily completing a drug/alcohol rehabilitation program recommended or approved by the superintendent/designee will be subject to unannounced tests for two years after completion of the program. Upon a positive drug/alcohol test result, the employee will be dismissed. Nothing in this section is intended to alter the confidential nature of drug/alcohol rehabilitation programs for employees who voluntarily identify themselves as drug users and/or alcohol abusers and individually request assistance. Employees who have alcohol or drug abuse problems are encouraged to avail themselves of assistance programs. Each employee shall notify his/her supervisor or the superintendent/designee of his/her arrest or conviction of a violation of any criminal drug or alcohol statute no later than five (5) days after such arrest and/or conviction. It is understood that such notifications shall constitute a reasonable suspicion for such employee to undergo a required drug/alcohol test. ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 5 of 6

6 NON-DISCIPLINARY SUSPENSION An employee who is either probationary or a career status teacher as defined under the provisions of General Statute 115C-325 may be suspended with or without pay pending an investigation or hearing for a drug/alcohol related offense in compliance with General Statute 115C-325. COMMUNICATION AND TRAINING The superintendent/designee shall coordinate drug free and alcohol awareness training which will include communication of the contents of this testing policy. The training shall include: a. Board policy with respect to maintenance of a drug and alcohol free workplace; b. Recognizing the dangers of drug and alcohol abuse in the workplace; c. Appropriate supervisory responses to substance abuse in the workplace; and d. Drug and Alcohol Abuse Policy training for supervisors. Legal References: 49 U.S.C ; 49 C.F.R. pts. 40, 382; G.S B Cross References: Drug-Free and Alcohol-Free Workplace (policy 7240) Adopted: June 28, 2000 Revised: September 5, 2006 ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 6 of 6