Skip to main content

DAGA

Substance abuse and drug free workplace policy

Purpose—

Wayne School District (the “District”) has a responsibility to maintain public trust and confidence by providing a safe environment for students, employees, and the general public.  The District is also committed to complying with the Drug-Free Workplace Act of 1988, Utah Code Ann. §34-41-101 et seq., Utah Code Ann. §26-38-1 et seq., and the Utah State Office of Education’s Pupil Transportation Drug and Alcohol Testing Policies and Procedures (see http://www.schools.utah.gov/finance/Pupil-Transportation/Employee-D-A-Handbook-4-17-14.aspx), in order to maintain a drug free and safe workplace.  To accomplish these goals, the District authorizes its administration to establish this Policy and develop procedures to deal with violations of this Policy.  Adherence to this Policy is vital for all District employees.

Expectations—

  1. Employees must report to work physically and mentally capable of performing their job-related tasks.
  2. Employees are prohibited from unlawfully manufacturing, possessing, using, dispensing, distributing, or being under the influence of any illegal substance or alcohol on District property or as part of any District activity.
  3. Employees are prohibited from misusing over-the counter or prescribed medication on District property or as part of any District activity.
  4. Employees are prohibited from using all tobacco products (in any form) or electronic cigarettes on or in District property or as part of any District activity.
  5. Employees found in violation may be subject to disciplinary action as outlined herein.

Testing—

  1. Drug and alcohol testing shall be conducted in accordance with Utah Code Ann. §34-41-104 by an independent laboratory certified for employment drug and alcohol testing.
  2. Employees required to participate in testing will make themselves available for testing as soon as notified by their supervisor.
  3. All employees must refrain from disclosing any information about testing times or dates to forewarn potential test selectees. Any employee who violates this provision may be terminated for cause.
  4. Testing may occur under the following circumstances:
    1. Preemployment hiring;
    2. Postaccident investigations;
    3. Reasonable suspicion situations;
      1. i. This is a belief, based on specific, articulable facts, and reasonable inferences drawn from those facts, that an employee is in violation of this Policy.
      2. ii. This may include, but is not limited to, observable symptoms or reports of being under the influence of alcohol or drugs; the presence of alcohol or drug paraphernalia; unexplained, suspicious behavior or excessive tardiness or absenteeism; significant deterioration in performance; or criminal citations, arrests or convictions.
  • iii. If reasonable suspicion exists, the supervisor will inform the employee that a violation of the Policy is suspected, immediately remove the employee from assigned duties, and allow the employee to explain the behavior which led to the suspicion of a violation of the Policy.
  1. iv. If the supervisor does not receive a satisfactory explanation for the behavior that gave rise to the suspicion, the supervisor may direct the employee to submit to testing. From this point forward the employee should not be left unattended.
  2. v. The supervisor will immediately notify the superintendent or designee that the employee is being referred for testing.
  3. vi. The supervisor must immediately articulate in writing the specific facts and any reasonable inferences drawn from those facts prior to any tests being conducted.
  1. Preannounced periodic testing;
  2. Rehabilitation programs;
  3. Random testing in safety sensitive positions; or
  4. Otherwise to comply with federal law.
  1. Employees who are required to participate in testing will make themselves available for testing as soon as they are notified by their supervisor. Testing shall occur during or immediately after the regular work period of the employee and shall be considered as work time for purposes of compensation and benefits.  The District shall pay all costs of sample collection and testing, including the costs of transportation if the testing is conducted at a place of than the workplace.
  2. Sample Collection
    1. The collection and testing of samples shall be performed under reasonable and sanitary conditions, in a manner that ensures the privacy of the employee, and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples.
    2. Samples collected shall be labeled and sealed to reasonably preclude the probability of erroneous identification of test results.
    3. The employee shall have the opportunity to provide notification of any information relevant to the test, such as prescription or nonprescription medications used, or other relevant information in compliance with the American with Disabilities Act of 1990.
    4. Sample collection, storage, and transportation to the place of testing shall be performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration.
    5. Sample testing shall conform to scientifically accepted analytical methods and procedures.
    6. All tests performed by the District shall occur during or immediately after the regular work period of the employee and shall be considered as work time for purposes of compensation and benefits.
  3. Testing Results
    1. The drug testing facility shall communicate all drug tests results to the Superintendent or Business Administrator.
    2. If the result is a positive initial screening test, the District shall require that the results be verified or confirmed by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical methods.
    3. The District shall notify the employee as soon as possible of the result of the initial test, and if it is positive, tell the employee of the option to have a split urine sample tested at a shared expense as provided in Utah Code Ann. §34-41-103 and 104.
    4. The District will then initiate disciplinary proceeding as outlined below.

Rehabilitative and Disciplinary Actions

  1. If a verified or confirmed positive drug test results indicate a violation of this Policy, or if the employee refuses to provide a sample in accordance with this Policy, or otherwise violates this Policy, the District may use that test result, refusal, or violation as the basis for imposing any rehabilitative and disciplinary actions.
  2. The District may:
    1. Require an employee to enroll in an approved rehabilitation, treatment, or counseling and education program, at the employee’s expense, as a condition of continued employment;
    2. Suspend the employee with or without pay for a period of time;
    3. Terminate the employee’s employment; and
    4. Impose other disciplinary measures in accordance with usual procedures.
  3. An employee whose drug test results are verified or confirmed as positive may not, by virtue of the results alone, be defined as a person with a disability under state or federal laws
  4. Convictions or Arrests
    1. Employees arrested or convicted for substance abuse related activities are required to report the arrest or conviction to the Superintendent no later than five (5) days after the arrest or conviction.
    2. Any arrest or conviction for substance-abuse related activities, or failure to report an arrest or conviction, will result in disciplinary action as outlined in this Policy.

Policy Exhibit #1

dagA

Date:

Memorandum For:

Subject: Drug and Alcohol Testing

  1. 1. Name: ___________________________, you have been observed in your place of work and there is reasonable suspicion that you have used drugs or alcohol and that you are currently under the influence. The specific and articulable facts that have formed this belief are as follows:
  1. 2. Please provide an explanation for the facts that have been presented:
  1. 3. Based upon the information provided you are being directed to provide a sample for drug/alcohol testing which shall be conducted in accordance with Utah Code Ann. §34-41-104.

_____ I will provide the drug and alcohol testing sample as directed.

_____ I will not provide the drug and alcohol testing sample as directed.

_________________________________________            ____________

Signature                                                                                          Date

Note: If a verified or confirmed positive drug test results indicate a violation of this Policy, or if the employee refuses to provide a sample in accordance with this Policy, or otherwise violates this Policy, the District may use that test result, refusal, or violation as the basis for imposing any rehabilitative and disciplinary actions.

Note: IAW Drug-Free Workplace Act of 1988, Utah Code Ann. §34-41-101 et seq., Utah Code Ann. §26-38-1 et seq., and the Utah State Office of Education’s Pupil Transportation Drug and Alcohol Testing Policies and Procedures.

  • Created on .
  • Last updated on .
  • Hits: 1900