Drug-Free Workplace and Drug Testing

Drug-Free Workplace and Drug Testing I. Purpose The Raleigh County Board of Education recognizes the need to establish a substance abuse policy which provides a consistent approach in achieving a substance abuse-free work environment. Employees of the Board are required to verify awareness of the policy and to receive drug awareness information. (Federal Register 21679) The Board seeks full compliance with state and federal regulations which address substance abuse. Included within the policy are illegal substances, controlled substances as identified herein, and alcohol (including beer and wine). II. Background The West Virginia Board of Education Policy 1461 states that the purpose of the policy will enable the West Virginia Department of Education to maintain a work environment free of illegal drugs. Also, it will provide a drug awareness program which will inform employees of the harmful effects of alcohol and illegal drugs. The Federal Drug-Free Workplace Act of 1988 requires a written policy and a drug awareness program. The employer is required to report any convictions for drug related crimes committed in the workplace. III. Drug-Free Workplace The Raleigh County Board of Education believes that the illegal use of drugs or the abuse of alcohol is inconsistent with the professional and responsible behavior expected of employees. Therefore, the employees of the school system are strictly prohibited from engaging in the unlawful manufacture, distribution, dispensation, or possession of controlled substances or the use or sale of alcohol at the workplace or while conducting school business on Board property during the workday. Such unlawful conduct or irresponsible behavior is also prohibited to the extent that it impairs the employee s ability to perform his/her job. The Board shall meet the requirements of the Federal Drug-Free Workplace Act of 1988, as amended. IV. Definitions A. ALCOHOL Liquid that is the intoxicating agent in fermented and distilled liquor, e.g., beer, wine, whiskey. B. CONTROLLED SUBSTANCE Those substances outline in Schedules I-V of the U.S. Controlled Substances Act 202 (21 U.S. Code 812) and found in WV Code Chapter 60A-2). C. CONVICTION A finding of guilt (including plea of nolo contendre) or the imposition of a sentences, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. D. CRIMINAL DRUG STATUE A criminal statute involving the manufacture, distribution, dispersion, use, or possession of any controlled substance. Drug: (1) articles recognized as drugs in the USP-DI, Facts and Comparisons, Physician Desk Reference or supplements thereto, for use in the diagnosis, cure, 1

mitigation, treatment or prevention of disease in human or other animals; (2) articles, other than food, intended to affect the structure or any function of the body of human or other animals; or (3) articles intended for use as a component of any articles specified in subsection (1) or (2) of this section. E. DRUG Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; substances (other than food) intended to affect the structure or any function of the body of man or animals. F. EMPLOYEE Any person who works full-time, part-time, or under contract for the Raleigh County Board of Education, including management of temporary staff who are directly engaged in the performance of work pursuant to the mission of the Raleigh County Board of Education. G. ILLEGAL DRUG Drugs which are not legally obtainable (CSA I-V) and drugs which are legally obtainable but have been obtained illegally. H. INTOXICANTS Any intoxicating substances such as inhalants. I. LEGAL DRUG Any legally obtained drug (CSA 1-V), including alcohol, used to the point where such use adversely affects job performance. J. LOOK-ALIKE DRUGS Tablets or capsules that are made to look like real drugs and roughly imitate their affects. They usually contain varying amounts of legal substances such as caffeine, ephedrine, phenylpropanolamine, or aspirin and other non-controlled ingredients. K. OVER-THE-COUNTER (NON-PRESCRIPTION) MEDICATION (OTC) Any drug or substance which is intended for the treatment or prevention of disease of man or animals that does not require a written order from a licensed medical practitioner. These medicines may be purchases in pharmacies, grocery stores, department stores, etc. L. SUPERINTENDENT Superintendent of Raleigh County Schools and/or his/her designee. M. VALID PRESCRIPTION - a non-expired prescription that is issued to the subject employee for a legitimate medical purpose in the usual course of professional practice. N. WORKPLACE The site for the performance of work done for the Raleigh County Board of Education including any place where work on a Raleigh County Schools program, project or activity is performed, including, but not limited to, a school building or other school premises and any school owned vehicle or other any school approved vehicle used to transport student to and from school or school activities. Workplace also means school sponsored or school approved activities, events or functions that are held off school property and in which students are under the District s jurisdiction including, but not limited to, field trips and athletic events. 2

I. Employee Training The Raleigh County Board of Education will make available yearly training to all employees including administrations, support staff and teachers regarding the Drug-Free Workplace and Drug Testing Policy. Content of the training program will be as outlined in the Federal Drug-Free Workplace requirements. Elements essential in supervisory training include observation, documentation, preparation, confrontation, and follow-up. In addition, training of administrators, support staff, and teachers will include a presentation of the drug-free workplace policy and the steps for referral to employee assistance. II. Employee Assistance Program A. Premise The Raleigh County Board of Education recognizes that the state of an employee s health affects his job performance. The Board wants to encourage the same enlightened viewpoint toward employees having a chemical dependence as it does toward employees having other behavioral and medical disorders. Early recognition and treatment of chemical dependency is important for successful rehabilitation, return to work, and reduced personal, familial, and social disruption. The Board supports sound treatment efforts. B. Referrals The Raleigh County Board of Education Employee Assistance Program deals with two categories of referrals: 1. Self-referrals those initiated by the employee 2. Supervisory-referrals those initiated by the supervisor C. Treatment Resources The Personnel Director will make this information available to all employees through the Raleigh County Schools Website or upon request. D. Provisions of Insurance Payment for medical treatment will follow the guidelines set forth in the Public Employees Insurance Agency Summary Plan Description booklet. If an employee chooses a treatment program not recognized or covered by PEIA benefits such treatment will be at the employee s expense. III. Procedure The Raleigh County Board of Education will take appropriate personnel action in accordance with the disciplinary procedure outlined in the West Virginia Department of Education Employee Handbook. The handbook states that When an offense is of a magnitude to warrant it, an employee may be suspended without pay or may be dismissed from employment. Reasons for suspension or dismissal may be misuse of state property, insubordination, incompetence, willful neglect of duty, reporting to work under the influence of alcohol, narcotics, or other illegal controlled substances, fraud, activities involving conflict of interest and violations of law and/or policy of the Board. Suspension or dismissal may be effective immediately; however, action shall be taken within ten (10) workdays of knowledge of the offense. 3

The employee shall notify his/her supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) work days after such conviction. The Board shall notify the granting agency within ten (10) work days after receiving notice of a conviction from an employee. Drug Testing Program Pre-employment Testing All outside applicants for employment shall be required to submit to a test for the detection of illegal use of drugs, as part of the required conditional offer, pre-employment procedures. Applicants will be given a copy of this policy in advance of the conditional offer, pre-employment test. Applicants shall acknowledge having read or had this policy explained to them and should understand that, as a condition of employment, they are subject to the contents of this policy and the employee drug-testing program. They shall sign an acknowledgment prior to substance screening, permitting the summary result to be transmitted to the Superintendent. An applicant shall report to the designated collection site within 24 hours after receiving an offer of employment. An applicant refusing to complete any part of the drug testing procedure shall not be considered a valid candidate for employment with the Raleigh County Board of Education and such refusal shall be considered as a withdrawal of the individual s application for employment. If substance-screening shows a confirmed positive result for which there is no current physician s valid prescription, a second confirming test may be requested by the Superintendent or by the applicant. If the first or any requested second confirming test is positive, any job offer shall be revoked. Reasonable Suspicion Testing Reasonable suspicion for requiring an employee to submit to drug and/or alcohol testing shall be deemed to exist when an employee, while on the job or workplace, manifests physical or behavioral symptoms or reactions commonly attributed to the use of controlled substances, look-alike drugs, intoxicants, illegal drugs or alcohol. Such employee conduct must be witnessed by at least one supervisor trained in compliance with this policy. Should a supervisor observe such symptoms or reactions, the employee must submit to test. An employee who observes suspicious behavior by a supervisor should report this to the Superintendent. Refusal to submit to the types of drug and alcohol tests employed by the Raleigh County Board of Education will be grounds to terminate employment of existing employees. A refusal to test would include behavior which is intended to obstruct the proper administration of a test. Unreasonable delay in providing urine or breath specimen could be considered a refusal. In the event that an employee cannot provide sufficient urine specimen, the Board may direct the individual to a physician for purposes of evaluation. If the physician cannot find a legitimate medical explanation for the employee s inability to provide a specimen, either urine or breath, it will be considered a refusal to test. An employee who tests positive on a reasonable suspicion test shall be in violation of this policy. Such violation may constitute grounds for termination in accordance with Board policy and state law. 4

Alcohol and/or drug testing shall be conducted in accordance with the process utilized by the Board approved, independent, certified laboratory using recognized techniques and procedures as set out in the Board s employee drug testing plan. Operation of Motor Vehicles The Board endorses the Department of Transportation Federal High Administration s anti-drug policy and regulation for all employees required to possess a Commercial Driver s License (CDL). In addition to the standard DOT drug test required under the DOT FHWA s anti-drug policy and regulation, the Board will require an applicant to submit to a non-dot expanded drug test. This may include a 10-panel or an expanded 10-panel at the Board s expense. The Board will comply with all rules and regulations regarding DOT vs. non-dot drug testing detailed in 49 CFR 40.13. Alcohol and drug testing shall be an integral part of the program with pre-employment, post-accident, reasonable suspicion, random, return-to-duty and follow-up testing mandated. Non-compliance with this policy or a violation of DOT regulations shall result in disciplinary action up to and including termination in accordance with Board policy and state law. All persons who operate motor vehicles owned or leased by the Board in order to fulfill their employment responsibilities shall be subject to random alcohol/drug testing. Post-Accident Testing The Superintendent in his/her discretion may require an alcohol and/or drug test to be performed following a workplace accident or injury. IV. Testing Procedures and Cutoff Levels The Superintendent shall by administrative regulation establish specific procedures for conducting the alcohol/drug testing authorized by this policy. Testing shall be conducted by a licensed independent certified laboratory using recognized techniques and procedures. The initial urine test performed will be an immunoassay based screen which will be used to eliminate negative urine samples from further consideration. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cut values listed below. Tests will screen for the drugs listed below. 5

Drug screening levels are subject to change and are based on the testing procedures used and/or detection levels recommended by the laboratory. Drug or Drug Class, including known synthetics, and metabolites for each: 1. Opiates (Opioid)/Narcotics 2. Cocaine 3. Marijuana (THC) 4. Phencyclidine (PCP) 5. Amphetamine/Methamphetamine 6. Benzodiazepines 7. Barbiturates 8. Stimulates 9. Alcohol 10. MDMA (Ecstasy) 11. Tricyclic Antidepressants 12. Central Nervous Systems (CNS) Depressants V. Collection Site The laboratory selected to perform the testing on specimens submitted pursuant to this policy is the designated collection site for collecting specimens. In some circumstances, the laboratory may collect the specimens on the premises of the Raleigh County Board of Education. VI. Authorization for Testing When the person reports to the collection site, the drug and/or alcohol screening procedure will be explained and the person will be asked to assist completing any necessary forms. All persons subject to test for any reason shall be asked to sign the necessary authorization forms which will allow the test to be performed and for the information about the required drug and/or alcohol test and, if necessary, the test results to be provided to the Medical Review Officer, the laboratory, and the Superintendent. VII. Medical Review Officer A licensed medical physician and certified by a nationally recognized board for Medical Review Officers will be designated as the Medical Review Officer (MRO). The MRO will be independent from the Raleigh County Board of Education. The MRO will be responsible for reviewing the results of drug tests before they are reported to the Superintendent or his/her designee(s); reviewing and interpreting each confirmed positive test to determine if there is an alternative medical explanation for the positive; conducting an interview with the individual testing positive; reviewing the individual s medical history and medical records made available to determine if the positive result was caused by legally prescribed medication; requiring a retest of the original specimen if the MRO deems it necessary; and verifying that the laboratory report and the specimen are correct. The MRO is expected to follow the Medical Review 6

Office Manual published by the U.S. Department of Health and Human Services for tests conducted under this policy. If the MRO determines that there is a legitimate medical explanation for the positive test other the use of a prohibited drug, the MRO will conclude that the test is negative and will not take any further action. If the MRO concludes that a particular test is scientifically insufficient, the MRO will conclude the test is negative for that individual. If the MRO determines that there is no legitimate explanation for the positive test other than use of a prohibited drug, the MRO will communicate the test results as a positive to the laboratory who will then report the results to the Superintendent. The results of negative tests will be communicated by the MRO to the laboratory who will then report the results to the Superintendent. VIII. Specimen/Record Retention and Confidentiality The retention of specimens for possible future analysis is the responsibility of the laboratory selected to perform testing. The laboratory will retain all specimens for a minimum period of one week. At such time, negative specimens will be discarded. Positive specimens will be resealed and retained in a spate and secure area for a minimum of one year. Within this one year period, the person tested, the MRO, or the Superintendent can request in writing that the laboratory retain the sample for an additional reasonable period specified in the request. If no proper written request is received within the one year period, the sample may be discarded. Any transfer of the original specimen to another laboratory for reconfirmation of positive results will follow the chain of custody procedures described in, the regulators contained in 49 CFR Part 40. Records of drug tests results are recognized to be private and sensitive records, which will be maintained in a secure fashion to insure confidentiality. Records showing an employee passed a drug test will be kept for at least one year. Records showing that an employee failed a drug test, the purpose of the test, the functions of the employee, the illegal drug(s) used by the employee, and the disposition of each employee will be kept for at least five years. These records, or any of them, may be maintained by the Superintendent for an indefinite period of time beyond the above specified minimums. Records will be disclosed only to the extent necessary to address any work-related safety risks occasioned by either the alcohol/drug use. Medical records and related medical information shall be maintained in accordance with provisions of applicable federal and state law and used with the highest regard for employee privacy consistent with law and the purpose of achieving and maintaining an alcohol and drugfree workplace. All personnel records and information regarding referral, evaluation, testing results, and treatment shall be maintained in a confidential manner. Legal Source: Federal Drug-Free Workplace Act of 1988, West Virginia State Board of Education Policy 1461, 21 U.S.C. 812; 41 U.S.C. 701 et seq.; 21 C.F.R. 1300.01.04; 49 C.F.R. 40.13; G.S. 20-138.2B; 115C-36 7

Raleigh County Board of Education Drug-Free Workplace and Drug Testing Policy Acknowledgement All Raleigh County Board of Education employees shall be required to confirm in writing their knowledge and understanding of the Raleigh County Drug-Free Workplace and Drug Testing Policy. I hereby acknowledge that I am fully informed of the Board s Drug-Free Workplace and Drug Testing Policy. Name Social Security Number Address Signature of Employee Date Original to Personnel Department cc: Employee Approved: November 12, 2002 Revised: October 9, 2012 Effective: November 1, 2012 8