GBEC
DRUG FREE WORKPLACE
The Ashburnham-Westminster Regional School District is committed to providing both staff and students a workplace which is alcohol and drug-free. In addition, federal law specifies that school districts which are recipients of federal funds must meet the requirements of the drug-free workplace act of 1988. This policy ensures compliance with those requirements.
All current and new employees of the District will receive written information about testing requirements and how and where they may receive assistance for alcohol or drug use. All employees will receive a copy of this Policy and must sign a Confirmation of Receipt as a condition of employment.
A. Educational information will be made available periodically which will focus on
1. the potentially dangerous effects of alcohol and drug use and abuse on an individual’s health, work and personal life;
2. the signs/symptoms of an alcohol or drug problem;
3. the methods of intervening when an alcohol or drug problem is suspected;
4. the procedures associated with pre-employment drug screening and “reasonable suspicion” testing;
5. the effects on job performance measured in loss of productivity; and
6. the potential safety hazards presented to the individual employee, other employees and the public.
B. The District shall:
1. Notify all employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the District's workplace and specify the actions that will be taken against employees for violation of such prohibitions (see §C below).
2. Establish a drug-free awareness program to inform employees about the dangers of drug and alcohol abuse in the workplace.
3. With regard to each employee whose employment is funded by a federal grant:
a) Require that the employee will abide by the terms of this policy and will notify the district of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
b) Notify the appropriate federal agency within ten days after receiving notice from an employee or otherwise receiving notice of such conviction.
c) Take one of the following actions within 30 days of receiving notice with respect to any employee who is so convicted;
· take appropriate personnel action against such an employee, up to and including termination
· require such employee to participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health law enforcement, or other appropriate agency.
C. This policy hereby establishes the following terms and conditions of employment with regard to substance abuse:
1. The unlawful manufacture, distribution, possession or use of a controlled substance is prohibited, whether or not on school property while engaged in any and all school business.
· Violation of laws relative to manufacture and/or distribution of controlled substances, whether or not on school property, while engaged in any and all school business, shall result in suspension and termination proceedings for any conflicted employee.
· Violation of laws relative to possession of controlled substances, whether or not on school property, while engaged in school business, shall result in suspension and may result in termination of the employee.
2. An employee convicted of possession of a controlled substance may be offered the opportunity to participate in an approved program of rehabilitation. The Ashburnham-Westminster Regional School District may also allow the employee to resume duties at a point in such program where an approved rehabilitation agency, the Ashburnham-Westminster Regional School District, and the employee agree that the resumption of duties would not be affected by the employee´s chemical dependency. The Ashburnham-Westminster Regional School District Department shall require a convicted drug user or distributor to submit to and allow release to the School Department the results of blood and/or urine tests to determine that the employee is remaining free of illicit chemicals.
3. A second arrest for violation of the controlled drug statues shall result in further suspension and institution of termination proceedings by the Ashburnham-Westminster Regional School District.
4. All employees are required to report, in writing, to the Superintendent of Schools, any controlled substance conviction arising from any incident in the workplace within 24 hours or be subject to immediate termination of employment.
5. Employees who believe that they may have a substance abuse problem, whether with alcohol or with other drugs, are encouraged to seek assistance from a counseling agency.
6. If there is cause to believe that an employee is in possession of, using, or under the influence of drugs and/or alcohol in the workplace, the employee will not be allowed to continue his or her work assignment and shall be sent home and disciplinary action will be taken subject to the provision of any collective bargaining agreement or any applicable statute or regulation.
7. Employees who are in violation of any statute relative to this policy will be referred to the appropriate authorities for legal prosecution.
8. Testing:
· Post-Accident: An accident is defined as an incident involving bodily injury or damage to property. Tests will be conducted for accidents requiring medical attention or damage to property. Alcohol tests should be conducted within 2 hours, but in no case more than 8 hours after the accident. Employees are required to refrain from all alcohol use until the test is completed or be subject to termination to employment. Post-accident drug tests must be conducted within 6 hours.
· Reasonable Suspicion:
The Ashburnham Westminster Regional School District reserves the right within federal and state laws to examine and test for the presence of drugs and/or alcohol. Tests will be conducted when a supervisor or manager observes behavior or receives credible information about behavior or appearance which suggests alcohol or drug use. If a test cannot be administered, the employee must be removed from performing duties and may be removed from the worksite or premises. The school will test employees for drugs and/or alcohol for any employee who the school reasonably suspects may be affected by the use of drugs and/or alcohol may adversely job performance or safety in the environment. Administrators will make the decision whether there is reasonable suspicion to believe an employee is impaired by or under the influence of a drug or alcohol while on duty in violation of this policy. Testing for substance abuse may occur at any time upon suspicion. Reasonable suspicion testing may only be conducted after the supervisor has consulted with the Superintendent.
Refusal of testing may result in termination.
LEGAL REFS.: The Drug-Free Workplace Act of 1988
Cross REF: EEAEA-1 Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers
First Reading: 01/21/20 Second Reading: 02/11/20 Adopted: 02/25/20