GAMEA, Alcohol and Drug Abuse and Testing

The St. Tammany Parish School Board fully supports the concept of drug-free and alcohol-free workplaces and employees. Though the School Board is cognizant of the privacy rights of individuals, it also believes that the safety and well-being of its students and employees requires that it take legally permissible steps to prevent or eliminate the use of drugs and/or abuse of use of alcohol by its employees. School Board policy prohibits the unlawful manufacturing, distribution, dispensing, possession, or intoxication due to or as a result of use of a controlled substance by its employees in any workplace operated by the system or in any other location. For any such violation, disciplinary action shall be required. Also, School Board policy prohibits the possession, use or distribution of alcohol or being under the influence of alcohol by 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 or used vehicle including any school bus, or at any employee workplace.

When an employee is involved in any accident during the course and scope of his or her employment, and alcohol or drugs are suspected to have contributed to the cause of the accident; or
Under other circumstances which result in reasonable suspicion that an employee is under the influence of drugs or alcohol; or
As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement; or
In connection with any required periodic medical exams; or
As part of a program of random drug testing of designated employees who occupy safety-sensitive or security-sensitive positions.

In addition, when an employee is injured as a result of a job-related accident and is determined after alcohol testing to be intoxicated under the standards set forth in La. Rev. Stat. Ann. §23:1081 or if the employee refuses to immediately submit to such testing, then such employee shall be presumed to have been intoxicated at the time of the accident and may be denied workers' compensation benefits in addition to any other authorized action.

Also, a positive confirmatory drug or alcohol test result may be used as a basis to terminate an employee for wrongful conduct and to deny unemployment compensation as set forth in La. Rev. Stat. Ann. §23:1601, or as the basis of other disciplinary action.

An employee involved in any of the above situations may be directed by his/her supervisor to submit to alcohol/drug testing. An employee, who provides a sample pursuant to the provisions of this policy and whose sample is determined to be positive as to the presence of drugs or alcohol (after a confirmatory test) shall be required to undergo a rehabilitation or treatment program at the employee's expense and/or be subject to disciplinary action.

For the purposes of random testing of employees, the following definitions apply:

Safety-sensitive refers to a position which requires as part of that employee’s assigned duties, primary or specific, the operation or maintenance of a motor vehicle; or responsibility for supervising or attending children on a motor vehicle used to transport students to and from school; or inspecting, servicing, maintaining or using gas fired equipment or gas utility systems; or responsibility for using, fixing, or operating tools, equipment or machinery that may place that person or others in a dangerous situation; or responsibility for handling drugs, weapons, or potentially hazardous chemicals; or responsibility in any way with food preparation. An 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.

Security-sensitive refers to a position which requires that a School Board employee perform or be responsible for performing, primarily or specifically, duties which may include the need to employ deadly force and which are directly related to the security of employees, students, a school, or another facility of the St. Tammany Parish School Board, and which, if not performed properly, could result in serious injury or death to the employee, student, other employees or the general public. 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 hereby designated as safety-sensitive or security-sensitive positions: any person who operates a School Board vehicle; persons directly employed by the School Board who supervise or attend to children in any vehicle used to transport school children; security guards or personnel; maintenance department employees who inspect, repair, or in any other manner service any equipment, pipeline or apparatus which uses natural or propane gas or is connected to natural or propane gas; any operator of tools, equipment or heavy machinery; any person that may come in contact with drugs, weapons, or hazardous chemicals, which may include administrators, teachers, and custodial personnel; any food service technician; and all who exercise any supervision over such persons. Persons in any of the above positions shall be subject to unannounced random alcohol/drug testing. A positive confirmatory test as a result of random testing may require the employee to undergo treatment at the employee's expense or be subjected to disciplinary action.

All testing/screening shall be conducted in accordance with applicable state and federal laws and regulations. Drug testing may include analysis of urine, blood, or hair. Drugs to be tested for may include, but not be limited to the following: cannabinoids, opioids, cocaine, amphetamines, phencyclidine, barbiturates, benzodiazepines, methaqualone, and/or alcohol. The Superintendent shall promulgate administrative regulations and procedures to implement the provisions of this policy.

Employees shall not be required to identify prescription and/or over-the-counter drugs being taken prior to any given drug test. However, after receiving a report of a confirmed positive test, the human resources manager and/or Medical Review Officer (MRO) shall request of the employee by phone that all prescription and/or over-the-counter drugs being taken by the employee on the day of the drug test be brought to his/her office within one work day. The human resources manager and/or MRO shall initiate only one request for this specific information.

Failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, suspension from work, and termination.

An employee shall be subject to immediate termination if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposefully tried to alter the outcome of drug and alcohol tests. Additionally, the employee may be terminated if found using, manufacturing, selling, or distributing drugs or alcohol while on School Board premises. Any employee issued a citation or arrested for a drug or alcohol related offense shall report the citation or arrest to his or her supervisor within 24 hours of the citation or arrest, or prior to assuming regular duty, whichever is shorter. Should an employee at any time be convicted of a drug related offense, they shall be terminated immediately.

49 CFR 40.1 et seq. (Procedures for Transportation Workplace Drug and Alcohol Testing Programs)