Drug-Free Workplace Compliance
ADM 15.0
Principals comply with The Drug-Free Workplace Act of 1988 (the “Act”) and the implementing regulations.
Purpose:
To comply with Federal Regulations and the Archdiocesan Code of Conduct, and to provide a safe and productive environment for all school staff and students.
Commentary/Procedural Points:
Schools shall maintain a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the employee workplace and specifying the action that will be taken against employees for violation of the prohibition.
Establishing a drug-free awareness program to inform employees about: the danger of drug abuse in the workplace; the School’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations.
Making it a requirement that each employee be given a copy of the School’s policy maintaining a drug-free workplace.
Notifying each employee that, as a condition of employment, the employees shall (I) abide by the terms of the School’s policy regarding the maintenance of a drug-free workplace, and (ii) notify the School of his or her conviction for a violation of a criminal drug statue occurring in the workplace (a “Conviction”) no later than five (5) days after such conviction.
The Division of Human Resources must also be notified of any such conviction.
Notifying any federal granting agency required to be notified under the Act within ten (10) days after receiving notice of a Conviction from an employee or otherwise receiving actual notice of such Conviction.
Taking one of the following actions within thirty (30) days of receiving notice of a Conviction of an employee: (I) taking appropriate personnel action against the employee, up to and including termination, or (ii) requiring the employee to participate satisfactorily in a drug rehabilitation program approved for that purpose by a federal, state, or local health, law enforcement, or other appropriate agency. The Division of Human Resource Services must be consulted before any such action is taken.
Making a good-faith effort to maintain a drug-free workplace by satisfying all of the above requirements.
A policy statement designed to comply with the requirements of the Act is attached hereto and shall be adopted by each School to which the Act applies.
To the extent a School receives grants from any federal agency, such School also shall make an appropriate certification of the above to the granting agency in connection with each grant application or agreement.
References:
August 11, 2011