Girl Owns - Drug Use and Safety in the Workplace

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1 4104(a) Personnel Employee Alcohol and Illegal Drug Use Purpose The Boyertown Area Board of School Directors recognizes that the misuse of drugs and alcohol is a serious problem with legal, physical and social implications for the whole school community. As such, the Board is concerned about problems that may be caused by drug and alcohol use by employees, especially as the use relates to the safety, efficiency and productivity of employees. The primary purpose and justification for any action on the part of the school staff would be the protection of the health, safety and welfare of students, staff and school property. Authority The School Code empowers and authorizes the Board to make and enforce reasonable rules and regulation relating to the management of its schools and the deportment of its professional employees. As a recipient of federal grant funds, the federal government mandates that the Board maintain a drug-free workplace and requires each employee similarly maintain that drug-free workplace as a condition of employment. Definitions Drugs - shall be defined as those outlined in the Controlled Substance, Drug, Devise and Cosmetic Act. Conviction - finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statute. Criminal drug statute - a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance. Drug-free workplace - the site for the performance of work at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance. At work - a professional employee will be deemed to be at work at any time while that employee is either on District property or when performing an assigned job function while off District property.

2 4104(b) Guidelines The Board requires that all professional employees maintain a Drug-free Workplace and prohibits all professional employees from manufacturing, distributing, or dispensing any drug, as herein defined, or without a prescription for the same being in possession, using, or being under the influence of any such a drug at any time while at work. Notwithstanding the above, under no circumstances may any employee ever be under the influence of any drug at work to the extent that is negatively impacts upon that employee s job function. The Board prohibits any professional employee from being under the influence of alcohol while at work. Possession or use of alcohol is also prohibited at work except where permitted by the administration as part of the approved curriculum. Each employee shall be given notification that, as a condition of employment, the employee will abide by the terms of this policy and will notify the District of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. Any employee convicted of delivery of, or possession of, a controlled substance with the intent to deliver shall be terminated from his/her employment with the District. Delegation of Responsibility The Superintendent shall distribute a written statement notifying each professional employee that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the professional employee s workplace. The notice shall also specify the actions that will be taken against the employee for violation of this policy, up to and including termination and referral for prosecution. The Superintendent shall take appropriate action within thirty (30) days following receipt of notice with respect to any convicted employee. Such action may include termination for cause, but may require the employee to participate satisfactorily in an approved drug/alcohol abuse assistance or rehabilitation program. If an employee is suspected of being under the influence of either alcohol, a controlled substance, or both, the employee s supervisor may require the employee to undergo testing at the District s expense. Where testing confirms the presence of alcohol or a controlled substance for which the employee does not have a prescription, that employee shall be subject to discipline, up to and including termination, and may also be required to immediately seek help and be evaluated at the District s Employment Assistance Program or a medical facility.

3 4104(c) In the notice to professional employees, the Superintendent shall also inform them concerning the District s drug-free awareness program, including: 1. Dangers of drug abuse in the workplace. 2. District s policy of maintaining a drug-free workplace. 3. Availability of drug counseling, drug rehabilitation, and employee assistance programs. 4. Penalties that may be imposed for drug abuse violations occurring in the workplace. The District shall make a good faith effort to continue to maintain a drug-free workplace through the implementation of this policy.

4 4104(d) BOYERTOWN AREA SCHOOL DISTRICT Boyertown, Pennsylvania NOTICE TO EMPLOYEES REGARDING THE CREATION AND MAINTENANCE OF A DRUG-FREE WORKPLACE The properties of the Boyertown Area School District are designated as DRUG-FREE WORKPLACES. In order to maintain the alcohol and drug-free status of these facilities, the Boyertown Area Board of School Directors has enacted an Employee Alcohol and Illegal Drug Use policy, a copy of which is provided with this notice. This notice is in conformance with the last paragraph of the policy. The statement from the Superintendent: BOYERTOWN AREA SCHOOL DISTRICT EMPLOYEES ARE BANNED FROM THE UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSING, POSSESSION AND/OR USE OF ALCOHOL AND/OR ILLEGAL DRUGS OR CONTROLLED SUBSTANCES IN ALL FACILITIES OF THE SCHOOL DISTRICT OR WHILE ON DUTY AS A DISTRICT EMPLOYEE. THE EMPLOYEE IS REQUIRED TO NOTIFY THE SCHOOL DISTRICT OF ANY CRIMINAL DRUG STATUTE CONVICTION FOR A VIOLATION OCCURRING IN THE WORKPLACE NO LATER THAN FIVE (5) DAYS AFTER SUCH CONVICTION. THE DISTRICT SHALL TAKE ALL APPROPRIATE ACTION UP TO AND INCLUDING TERMINATION OF EMPLOYMENT OF A PERSON WHO IS CONVICTED OF AN ALCOHOL AND/OR OTHER DRUG VIOLATION. ANY PERSON WHO IS CONVICTED OF DELIVERY OF AN ILLEGAL DRUG OR ALCOHOL OR OF THE POSSESSION OF AN ILLEGAL DRUG OR ALCOHOL WITH THE INTENT TO DELIVER SHALL BE TERMINATED FROM HIS OR HER EMPLOYMENT WITH THE DISTRICT. ALCOHOL AND ILLEGAL DRUG USE IN THE WORKPLACE IS A DANGER TO ALL EMPLOYEES AND STUDENTS. THE DISTRICT INTENDS TO MAINTAIN A DRUG-FREE WORKPLACE AT ALL TIMES AND TO COMPLY WITH MANDATORY DRUG AND ALCOHOL SCREENING OF BUS DRIVERS AS REQUIRED BY STATE OR FEDERAL LEGISLATION OR REGULATION. THE ABOVE PARAGRAPHS ARE PRESENTED IN COMPLIANCE WITH THE FEDERAL DRUG-FREE COMPLIANCE REQUIREMENTS AND IN NO WAY ECLUDE EMPLOYEE ASSISTANCE AND/OR DISCIPLINARY ACTION FOR DRUG/ALCOHOL INVOLVEMENT IN THE WORKPLACE WHICH DOES NOT RESULT IN CONVICTION PER SE. A copy of the School District's brochure describing the available EMPLOYEE ASSISTANCE PROGRAM is also provided with this notice. If you feel you have a problem, you may secure help following the procedure outlined in the brochure. Also for an additional list of agencies which you may wish to access for help with a chemical dependency problem, you may contact the Council on Chemical Abuse in Reading ( ).

5 4104(e) CONFIRMATION OF RECEIPT OF INFORMATION I confirm that I have received copies of the NOTICE TO EMPLOYEES REGARDING THE CREATION AND MAINTENANCE OF A DRUG-FREE WORKPLACE, the EMPLOYEE ALCOHOL AND DRUG POLICY, and the descriptive brochure of the EMPLOYEE ASSISTANCE PROGRAM of the School District. (Date) (Employee's Signature) This statement shall be maintained as part of the employee's personnel record in the School District. Board of School Directors Policy Adopted: 9/25/1990 Boyertown Area School District Policy Revised: 12/20/1994 Policy Revised: 9/10/2013