FILE: GAME
EMPLOYEE ALCOHOL AND DRUG TESTING
Though the East Feliciana Parish School Board is cognizant of the privacy rights of individuals, it also believes that the safety and well-being of its students and employees require that it take legally permissible steps to prevent or eliminate the use of drugs and/or abuse of use of alcohol by its employees. The manufacture, distribution, dispensing, possession or intoxication due to or as a result of use of a controlled substance by its employees either on or off the job shall be strictly prohibited. In addition, the possession, use or distribution of alcohol or being under the influence of alcohol by any of 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 School Board owned, leased, contracted or used vehicle, including any school bus, or at any employee workplace shall be strictly prohibited.
As a condition of employment within the East Feliciana Parish Public School System, all individuals seeking employment must submit to drug screening prior to final appointment. The School Board has approved separate screening procedures for those employees requiring a Commercial Driver's License (CDL) and those who do not. Persons who refuse to undergo drug screening and persons whose test sample results in a positive drug screen may not be given further consideration for employment within the East Feliciana Parish Public 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 East Feliciana Parish School Board may require samples from a school system employee for alcohol/drug testing in the following circumstances:
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When an employee is involved in any accident during the course and scope of his or her employment; or
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Under other circumstances which result in reasonable suspicion that drugs are being used by the employee; or
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As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement; or
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In connection with any required periodic medical exams; or
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As part of a program of random drug testing of designated employees who occupy safety-sensitive or security-sensitive positions; or
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As part of a voluntary consensual program of random testing. |
When an employee is injured on the job and the employee is determined to be intoxicated after alcohol/drug testing in accordance with La. Rev. Stat. Ann. §23:1081, or the employee refuses to immediately submit to such testing, such employee shall be presumed to be intoxicated at the time of the accident and may be denied worker's compensation benefits in addition to any other authorized action. Also, a positive drug test result or refusal to submit to a drug test may be used as a basis to deny employment compensation as set forth in La. Rev. Stat. Ann. §23:1601.
An employee may be directed by his/her supervisor to submit to alcohol/drug testing when any of the above listed circumstances exist. An employee who refuses to submit to alcohol/drug testing or whose sample is determined to be positive as to the presence of drugs after a confirmatory test or intoxicated due to alcohol may be terminated or may be required to undergo a rehabilitation or treatment program at the employee's expense and/or be subject to other disciplinary action.
For the purposes of the random testing of employees, the following definitions apply:
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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 is 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.
Any 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.
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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 East Feliciana 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 firearm, or any other deadly means. An 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. |
The following positions are designated as safety or security sensitive positions: school bus operators; any person who operates a school system vehicle; mechanics who perform maintenance or repairs of school buses or other 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 may be subject to unannounced random alcohol/drug testing.
All persons who participate in a voluntary consensual program of random alcohol/drug testing will in the event of a positive test for the presence of drugs or determined to be intoxicated due to alcohol will be offered the opportunity for rehabilitation or treatment program at the employee's expense. In the event of a second positive test or determination of intoxication, such employee may be terminated or subject to other 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.
Re-Adopted: August 4, 1998
Ref: La. Rev. Stat. Ann. §§17:81, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015
Board minutes 8-2-94, 1-9-96, 8-4-98
East Feliciana Parish School Board