FILE:  GAMD

 

DRUG FREE WORKPLACE

 

 

The Plaquemines Parish School Board is dedicated to providing a drug-free workplace for its employees and the students in their charge.  Toward that end, the unlawful manufacturing, distribution, dispensing, possession, or use of alcohol, narcotics, drugs or controlled substances by any employee shall be prohibited in any workplace, school bus and/or vehicle operated by the school system, as well as reporting to work or working while under the influence of a controlled dangerous substance or alcohol, or any other similar drug or substance.  It shall also include any and all School Board functions, including athletic events, graduations, dances, dramatic events, fairs and other similar functions.  Violation of such prohibition in the workplace shall result in disciplinary action as may be specified.

 

Upon official charge of a violation by an employee with regard to manufacturing, distribution, dispensing, possession or use of alcohol, narcotics, drugs, or controlled substance in the workplace, including school buses and/or vehicles, the Superintendent or his/her designee shall immediately conduct a complete investigation into the matter.  If violations of School Board policy are found, such conduct may result in discipline, immediate termination, and/or a directive to participate in a sanctioned rehabilitation program.  Nothing in this policy shall be construed as to deny any employee the right to due process under the law.

 

All employees including new hirees, shall be given a copy of this policy and shall be thereby notified that any employee who is engaged in the performance of duties shall agree to abide by the terms of this policy and shall further, as a condition of employment, agree to notify the Superintendent or his/her designee of any criminal drug statute conviction for a violation occurring in the workplace, school bus and/or vehicle no later than five (5) days after the conviction.

 

The Superintendent or his/her designee shall notify the granting agency (for federal grants) within ten (10) days after receiving notice from an employee for such conviction and shall implement the terms of this policy within thirty (30) days of the conviction.

 

The Plaquemines Parish School System shall in good faith make every effort to continue to maintain a drug free workplace through the implementation of this policy.

 

CONFIDENTIALITY

 

The Plaquemines Parish School Board is sensitive to individual employee privacy rights.  Incidents involving drugs or alcohol shall be kept confidential unless disclosure occurs within the course of tenure or disciplinary actions or there is a statutory requirement for mandatory reporting.  Confidentiality shall be maintained under the supervision of the Superintendent who shall direct that all personnel files be kept in a special locked filing cabinet.

 

DEFINITIONS

 

For the purpose of this Drug-Free Workplace Policy and for certification that Plaquemines School Board maintains a drug-free workplace the following definitions shall be used:

 

Under the influence shall mean that the employee is affected by a drug or alcohol in any detectable amount.

Workplace shall mean any Plaquemines Parish School Board property or any other site for the performance of work done in connection with employment by the Board, including the operation of vehicles in the course and scope of employment.

 

REGULATIONS

 

In order to properly implement and enforce the maintenance of a drug-free working environment, the Board shall:

 

  1. Publish this document as a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol in the workplace, reporting to work or working while under the influence of a controlled substance or alcohol is strictly prohibited and specific actions shall be taken against employees for violation of such prohibition, up to and including termination.

  2. Establish a drug-free awareness program to inform employees about:

 

    1. Dangers of drug abuse in the workplace;

    2. The policy of maintaining a drug-free workplace;

    3. The availability of drug counseling and rehabilitation programs;

    4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

 

  1. Require that each employee who is employed by the Plaquemines Parish School Board be given a copy of this policy and sign a document yearly that he/she has read and received this document.

  2. Notify all regular employees and substitute employees that, as a condition of employment, the employee shall:

 

    1. Abide by all terms and/or conditions of the Drug-Free Workplace policy.

    2. Notify the Superintendent of any criminal controlled drug statute allegation or conviction no later than five (5) days after such allegation or conviction.

    3. Notify the Superintendent of any D.U.I. (Driving under the Influence) allegation or conviction no later than five (5) days after such allegation or conviction.

 

  1. Notify the appropriate federal agency within ten (10) days after receiving notice from an employee or otherwise receive actual notice of such conviction.

  2. A controlled drug that is possessed by an employee pursuant to a valid prescription issued by a licensed physician for bonafide medical purposes is exempt from the above declared policy, provided this is reported to the site based administrator.

  3. Upon official charge of a violation by an employee with regard to manufacturing, distribution, dispensing, possession or use of a controlled substance or alcohol in the workplace or reporting to work or working while under the influence of a controlled substance or alcohol, the Superintendent or his/her designee shall immediately conduct a complete investigation into the matter.  If an employee's behavior indicates that he or she is unable to safely or satisfactorily perform the job or there is a reasonable suspicion the employee is under the influence of drugs or alcohol, the Board shall be given the results of the investigation for disposition.

 

Adopted:  November 1, 2010

 

 

Ref:    20 USC 7101 et seq. (Safe and Drug-Free Schools and Communities)

21 USC 812 (Schedules of Controlled Substances)

41 USC 8101 et seq. (Drug-Free Workplace)

21 CFR 1308.11 (Schedules of Controlled Substances)

La. Rev. Stat. Ann. ยงยง14:91.7, 17:240, 17:402, 17:403, 17:404, 17:405, 40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971, 40:971.1

 

Plaquemines Parish School Board