In accordance with the policy of the East Feliciana Parish School Board providing for employee alcohol and drug testing and the applicable law, the following procedures for drug testing of employees have been promulgated. For those persons for whom a Commercial Driver's License (CDL) is required, the applicable procedures to be first applied are found under policy GAMEB, Alcohol and Drug Testing Regulations and Procedures - Employees with Commercial Driver's Licenses.
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I.
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PROSPECTIVE EMPLOYEE DRUG TESTING
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A.
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Applications
Each application form and when applicable a vacancy announcement shall state:
"All applicants tentatively selected for this position will be required to submit to urinalysis to screen for the presence of illegal drugs or substances prior to appointment. A negative result is required."
In addition, each applicant will be notified that appointment to the position will be contingent upon a negative drug screening result. Failure of the application form or the vacancy announcement to contain this statement notice will not preclude applicant drug use screening, if advance written notice is provided applicants in some other manner.
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B.
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Procedures
The Personnel Supervisor or designee shall direct applicants to the appropriate collection site or screening laboratory for the purposes of obtaining a sample from the applicant for drug testing for non-prescribed controlled substances in Schedules I, II, III, IV or V of 21 USC 812 and for any and all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines and phencyclidine.
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C.
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Testing Guidelines
The drug screen test must be undertaken immediately after notification but not later than two (2) hours after notice to the prospective employee/applicant.
A screening test means an immunoassay screen. In the event of a positive drug screen result, the applicant shall be offered the opportunity to pay for confirmation of a positive drug screen result test and a review of the confirmation test by a Medical Review Officer.
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D.
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Consequences
The East Feliciana Parish School Board through its Personnel Supervisor shall decline to extend a final offer for employment in the East Feliciana Parish School Board System to any applicant with a positive test as a result of a pre-employment drug screen test and such applicant may not reapply for any position of employment with the East Feliciana Parish School Board for a period of six months.
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II.
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TESTING AFTER JOB RELATED ACCIDENT
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A.
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Requirements for Testing
To determine if an injury was caused by an employee's own intoxication, testing of an employee following an accident for use of non-prescribed controlled drugs or to determine whether the employee was under the influence of alcoholic beverages shall be demanded when the circumstances involve, among other things:
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1.
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Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being intoxicated from a drug or alcohol; or
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2.
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Information provided by reliable and credible sources or independently corroborated of drug or alcohol use prior to the accident or at the time of the accident.
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B.
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Procedures
The Superintendent or designee (supervisors, principals, or designees) shall immediately investigate all reports of job-related accidents or injuries involving an employee under their supervision to determine what circumstances may have contributed to the job-related accident. Such investigation shall include a consideration of all circumstances to determine whether or not the employee was intoxicated at the time of the accident due to drugs and/or alcohol. If there is reason to believe that the employee was intoxicated at the time of the job-related accident or injury, the principal, supervisor or designee shall demand that the employee submit himself or herself to be tested for alcohol or any drug identified in Schedules I, II, III, IV or V of 21 USC 812. The employee shall be directed or taken to the collection site previously identified by the Personnel Supervisor as soon as possible after the job related accident.
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C.
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Testing Guidelines
The designated collection site, the laboratory and Medical Review Officer shall comply with the appropriate state guidelines for drug testing procedures. In addition, when drug testing involves the following classes of drugs: marijuana, opioids, cocaine, amphetamines and phencyclidine, all personnel shall be certified and conduct the testing in accordance with the provisions of La. Rev. Stat. Ann. §49:1001 and any of its implementing regulations.
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D.
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Supervisory Training
The Superintendent, supervisors and campus administrators will be trained to address the illegal drug use by employees or intoxication due to the use of alcoholic beverages by employees and to document facts and circumstances to support any demand for drug or alcohol testing.
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E.
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Standards of Intoxication
For purposes of proving intoxication to disqualify for workers' compensation benefits (for CDL drivers, see policy GAMEB), the Superintendent, supervisors and campus administrators shall rely on the following presumptions set forth in La. Rev. Stat. Ann. §23:1081 or hereafter amended:
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1.
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If there was, at the time of the accident, 0.05 percent or less by weight of alcohol in the employee's blood, it shall be presumed that the employee was not intoxicated.
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2.
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If there was, at the time of the accident, in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the employee's blood, such fact shall not give rise to any presumption that the employee was or was not intoxicated, but such fact may be considered with other competent evidence in determining whether the employee was intoxicated.
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3.
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If there was, at the time of the accident, 0.10 percent or more by weight of alcohol in the employee's blood, it shall be presumed that the employee was intoxicated.
NOTE: Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred cubic centimeters of blood.
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4.
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If there was, at the time of the accident, evidence of either on or off the job use of a non-prescribed controlled substance as defined in 21 USC 812, Schedules I, II, III, IV, and V, then it shall be presumed that the employee was intoxicated.
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The above statements shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the employee is under the influence of alcoholic beverages or any illegal or controlled substance.
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F.
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Refusal to Submit to Testing
If an injured employee refuses to submit to drug and/or alcohol testing immediately after a job-related accident, when available information otherwise indicates that an employee may have been intoxicated at the time of the accident, then as a result of such refusal it shall be presumed that the employee was intoxicated at the time of the accident.
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G.
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Use as Evidence
The results of any drug tests administered under this plan shall be considered admissible evidence in any proceeding related to an action under La. Rev. Stat. Ann. §23:1021 et seq. (workers' compensation) or La. Rev. Stat. Ann. §23:1601(10) in a claim for unemployment compensation proceeding, hearing or civil litigation.
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H.
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Intoxication Finding
A finding of intoxication at the time of a job-related accident as a result of testing or an injured employee's refusal to submit to testing results in a presumption that the accident was caused by intoxication and no workers' compensation benefits shall be allowed. The employee has the burden of proof to prove that the intoxication was not a contributing cause of the accident.
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I.
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Personnel Supervisor
The Personnel Supervisor shall arrange for the services of collection sites, laboratories and Medical Review Officers which meet all necessary statutory requirements. A list of all such facilities or sites will be distributed to all principals, supervisors and designees. In the event a supervisor or campus administrator demands that an employee submit to alcohol or drug testing, he or she shall notify the Personnel Supervisor by telephone and confirm such fact by an entry on the Report of Accident. The Personnel Supervisor shall distribute, as allowed by law, all positive test results as reported by the Medical Review Officer or instances where the employee refuses to submit to testing to include those personnel administering the Workers' Compensation Program and its outside administrator.
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J.
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For persons required to possess a CDL license, intoxication will be determined in accordance with policy GAMEB, Alcohol and Drug Testing Regulations and Procedures -Employees with Commercial Driver's Licenses.
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III.
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RANDOM TESTING (FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS)
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A.
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General
The Personnel Supervisor shall be responsible for establishing a schedule of random testing for employees in safety sensitive positions subject to unannounced random drug testing. Upon the hiring of any new employee, the Personnel Supervisor shall provide written notice to each employee occupying a position subject to random drug testing. The Personnel Supervisor shall arrange for the services of collection site personnel, laboratories and Medical Review Officers, qualified as required by law.
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B.
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Procedures
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1.
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Planned testing dates and the identity of the designated employees to be tested must be kept in strictest confidence. Confidentiality is required in order to ensure that employees do not have advance warning and to protect the integrity of the testing program. The Personnel Supervisor will select the individual employees to be tested each testing date using a blind computer assisted program or a similar method by which the designated employees are selected without the identification of their names until selected. Use of a program utilizing social security numbers or employee I.D. numbers may be used. Due to the random selection method, an employee may be subject to testing more than once in a year.
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2.
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Employees selected for random testing and each individuals first line supervisor should be notified the same day the test is scheduled, preferably within two (2) hours of the scheduled test. Normally, the immediate supervisor shall notify the employee after receipt of written confirmation from the Personnel Supervisor of the name of the employee, the test site and time for the test.
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3.
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Employees so designated shall be required to report to the location of the collection site together with appropriate photo identification within two hours of the notification by their supervisor. Site collectors should give the employees a briefing on the procedures that will be followed during the testing process to help alleviate their concerns.
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4.
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To the extent possible, the Personnel Supervisor shall make arrangement for collection personnel to set up collection sites in or near employee work locations in order to minimize the disruption in work schedules. The Personnel Supervisor shall schedule a minimum of one test date each month, which date is to be confidentially maintained until notice is provided to department heads for notification to supervisors of the designated employees.
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C.
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Positive Test Results
In the event the Medical Review Officer reports verified positive test results to the Personnel Supervisor, the Personnel Supervisor shall notify the Superintendent, and the campus administrator of the affected employee. The employee shall be temporarily removed from the safety or security sensitive position and assigned other duties. In addition, the employee shall be referred to the Employee Assistance Program for counseling concerning rehabilitation and treatment programs. The employee shall be required to enter a rehabilitation or treatment program at his or her expense. If an employee is unwilling to pursue a rehabilitation and treatment program or fails to make satisfactory progress within such program within thirty (30) days at which time the employee shall be subject to retest, then the employee shall be subject to termination in accordance with law and Board procedures.
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IV.
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OTHER TESTING
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A.
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General
Alcohol/drug testing is required of the employees of the East Feliciana Parish School Board system in the following circumstances: incidents involving life threatening situations; upon reasonable suspicion that an employee is using drugs; when an employee is undergoing or has completed treatment for alcohol or drug abuse or as a participant in a voluntary consensual program.
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B.
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Procedures
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1.
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The Personnel Supervisor shall be responsible to coordinate with the medical examination facilities or personnel, the requirements for the alcohol/drug testing. In the event of positive test results reported by a Medical Review Officer, the employee will be removed from duties if employed in any safety or sensitive position and may be removed from any other position pending completion of a rehabilitation and treatment program with further alcohol/drug testing within thirty (30) days. In the event of a second positive alcohol/drug test, then the employee shall be subject to termination or other disciplinary action as allowed by law and Board procedures.
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2.
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Any employee enrolled in any rehabilitation or treatment program for alcohol or drug abuse shall be subject to additional alcohol/drug testing every thirty (30) days and upon certification from the program that the employee has completed the rehabilitation or treatment program prior to being returned to work.
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3.
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Any supervisor/campus administrator who may reasonably suspect that an employee illegally uses drugs or abuses alcohol based upon, among other things, observation of drug use, apparent drug or alcohol intoxication; abnormal erratic behavior; investigation, or conviction for drug related offenses; reports from apparently reliable and credible sources; or events that the employee tampered with the previous drug test. Any supervisor/campus administrator aware of a violation of law or School Board policy which presents a life threatening or personal injury situation may request that an employee undergo alcohol/drug testing. The supervisor/campus administrator shall present the information to the Personnel Supervisor with the request that the employee be required to undergo alcohol/drug testing. In the event the Personnel Supervisor concurs, the Personnel Supervisor shall notify the affected employee to report to a specific collection site at a specific time, preferably within two hours of the notification. A positive test result reported by a Medical Review Officer may be used as the basis for termination of the employee, counseling for a rehabilitation or treatment program or other disciplinary action. In the event an employee refuses or fails to report at the designated collection site at the designated time, the employee may be terminated in accordance with law and Board procedures.
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V.
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TEST PROCEDURES IN GENERAL
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A.
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Applicable Guidelines
All sample collection and testing for drugs involving job related accidents shall comply with the requirements of La. Rev. Stat. Ann. §23:1081, its implementing regulations, La. Rev. Stat. Ann. §23:1601, and, if the drug testing involves the following classes of drugs: marijuana, opioids, cocaine, amphetamines or phencyclidine such drug testing shall be in accordance with the provisions of La. Rev. Stat. Ann. §49:1001 et seq. For the prospective employee, drug screening shall be conducted in accordance with the provisions of La. Rev. Stat. Ann. §49:1001 et seq.
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B.
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Failure to Appear for Testing
A prospective employee who fails to appear for testing without a deferral will be considered refusing to participate in the testing and any offer of employment shall be cancelled. For an injured employee failing to submit to alcohol and/or drug testing when demanded immediately after an alleged job related accident, it will be presumed that the employee was intoxicated at the time of the accident and not entitled to medical and compensation benefits under the Louisiana Workers' Compensation statutes. For all other drug testing, a refusal by an employee to provide a sample will be considered a willful neglect of duty for failing to report and subject the employee to termination. If an individual fails to arrive or appear at the collection site at the assigned time, the collection agency shall report the lack of appearance by telephone and confirm it, in writing, to the Personnel Supervisor requesting the taking of a sample and testing.
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C.
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Opportunity to Justify a Positive Test Result
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1.
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For an injured employee involved in a job related accident and only when drug testing involves the following classes of drugs: marijuana, opioids, cocaine, amphetamines or phencyclidine which results in confirmed positive results, or when any employee is tested for one of the stated classes of drugs with confirmed positive results, the employee may request that a Medical Review Officer direct the second bottle or split sample be tested, at employees, own expense, in an NIDA-certified or CAP-FUDT-certified laboratory for the presence of the drug(s) for which a positive result was obtained in the test of the first bottle. The result of this test is to be transmitted to the Medical Review Officer without regard to the cut-off values as listed in the NIDA Guidelines. The Medical Review Officer shall honor such a request if made within 72 hours of the employee's having actual notice that he or she tested positive. If the result of the second test is negative, the Medical Review Officer shall cancel the positive results of the first test. The Personnel Supervisor is to provide, in the case of drug testing, for timely notice to the employee of the Medical Review Officer's findings of a positive test result and documentation of the employee's receipt of the notice. The employee has 72 hours from the employee's actual notice to request, at the employee's own expense, a test of the second bottle or split sample. For all other testing of an employee due to a job-related accident, reanalysis of an original sample shall be in accordance with applicable provisions.
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2.
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When a personnel pre-employment drug screen test is positive, the supervisor shall notify the pre-employment applicant of the positive drug screen result and shall offer the applicant the opportunity to pay for the confirmation of that test and a review of a confirmation test by a Medical Review Officer. Negative results of the drug screen test shall not be reviewed by a Medical Review Officer. The results of the initial screening drug test shall be used by the Personnel Supervisor to decline or to extend a final offer of employment to any applicant for a position with the East Feliciana Parish School Board System.
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D.
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Cutoff Limits
If not otherwise provided by law or regulations, the cutoff limits for the testing of marijuana shall be no less than 50 nanograms/ML and no more than 100 nanograms/ML as specified by the Board or the testing entity.
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E.
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Confidential Records
All information, interviews, reports, statements, memoranda, or test results are confidential as set forth in La. Rev. Stat. Ann. §23:1081 and La. Rev. Stat. Ann. §§49:1011 and 49:1012. In the case of prospective employees, all such information or test results shall be confidential material to the extent as provided in La. Rev. Stat. Ann. §49:1012.
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F.
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Medical Review Officer
The Superintendent shall contract to be on call with one or more licensed physicians with the qualifications required by La. Rev. Stat. Ann. §49:1001 et seq. to serve as a Medical Review Officer. The Medical Review Officer will not be involved with pre-employment drug screening, unless an applicant requests a confirmation test and the applicant pays for all services of such test and review prior to the confirmation test.
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VI.
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PENALTIES
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A.
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Failure on the part of an employee or supervisor/campus administrator to comply with the intent of the East Feliciana Parish School Board policy and these implementing regulations and procedures shall result in disciplinary action for willful neglect of duty in failing to follow Board policy.
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B.
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Refusal by an employee to submit to a drug test involving non-prescribed controlled substance as defined in 21 USC 812, Schedules I, II, III, IV, and V shall be cause to terminate an employee for willful neglect of duty. Such termination or discharge of an employee shall be presumed to be for misconduct and under the provisions of La. Rev. Stat. Ann. §23:1601, such individual shall be disqualified for unemployment compensation benefits. Also, any employee for whom the Medical Review Officer confirms positive test results may be terminated for neglect of duty or incompetence and failing to follow Board policy.
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C.
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When a confirmed positive alcohol/drug test is received by the Personnel Supervisor in connection with an employee injured as a result of a job related accident, the employee shall be subject to the disqualification for worker's compensation benefits as provided by law.
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D.
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In all other cases involving alcohol/drug testing of employees of the East Feliciana Parish School Board, when confirmed positive drug results are reported by the Medical Review Officer to the Personnel Supervisor, the following action will be taken:
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1.
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First Offense:
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a.
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The employee will be required to undergo rehabilitation or treatment for the problem at his or her own expense.
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b.
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Accrued sick leave and annual leave may be taken by the employee during the period of the rehabilitation or treatment program. Extended sick leave may be granted in accordance with the School Board's policy and procedures concerning extended sick leave.
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c.
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At the end of the rehabilitation or treatment program, the employee shall also submit to alcohol/drug testing at a time and place and designated by the Personnel Supervisor. In the event the test results are not negative, the Personnel Supervisor shall review the results with the employee and the rehabilitation treatment program to determine whether the employee will remain in the program or be terminated for employment due to failure to comply with the School Board policy.
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d.
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In the event of negative test results, the Personnel Supervisor will then decide if the employee may return to work and in what position he/she will be placed.
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2.
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Second Offense:
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a.
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Should an employee be required to undergo alcohol/drug testing in accordance with Board policy within one year of previous positive test results, and the employee tests positive, the employee shall be subject to termination and suspended without pay pending submission by the Superintendent to the Board for action.
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b.
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All actions taken shall be in accordance with the East Feliciana Parish School Board policies and implementing regulations and applicable law.
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