Drug Free Workplace Policy

File: GBR

Clay County Schools

Section 1: - General

1.1 – This policy applies to all employees of the Clay County Board of Education.

1.2 – Authority – Drug-Free Workplace Act 1988 (P.L. 100-690), West Virginia Constitution Article XII, 2, and West Virginia Code 18-2-5 and Section 5145 of the Drug-Free Schools and Community Act (P.L. 101-226)

Section 2: - Purpose

To provide for Drug Free Workplace for all persons in the public schools of Clay County

Section 3: - Definition

3.1 – Drug-Free Workplace: A worksite where work is performed in connection with the employee’s contract with the Clay County Board of Education. This workplace shall include facilities, property, buildings, offices, structures, automobiles, trucks, trailers, other vehicles, and parking areas, whether owned or leased by the Clay County Board of Education.

3.2 – Employee: Any person who works full-time, part-time, or under contract, including management or temporary staff who are directly engaged in the performance of work pursuant to the mission of the Clay County Board of Education.

3.3 – Controlled substance: A federally regulated substance listed in Exhibit A and/or Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) and West Virginia Code 60A-2-201, et. Seq. (which may be amended from time to time), which when taken into the body, may impair one’s mental faculties and/or physical performance.

3.4 – Conviction: A finding of guilt (including a peal of nolo contendere) or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State Criminal Drug Statues.

3.5 – Criminal Drug Statue: A criminal statue involving the manufacture, distribution, dispensation, use, or possession of any controlled substance.

3.6 – Grantee: Any department, division, unit or any person responsible for performance of work under the provisions of a federal grant.

3.7 – Contractor: Any department, division, unit, or any person responsible for the performance of work under a contract.

3.8 – Federal Agency: Any agency as that term is defined in Section 552 (f) of Title IV, United States Code.

3.9 – Alcohol: Alcoholic beverages and any other intoxicating liquid which contains alcohol.

3.10 – Legal Drug: Prescribed drugs and over-the-counter drugs which have been legally obtained and are being used solely for the purpose for which they were prescribed by a physician or manufacturer.

3.11 – Illegal Drug: Any drug which is not legally obtainable and/or is being used in a manner or for a purpose other than as prescribed.

3.12 – Work day: The work day includes all times when an employee is engaged in any work related activity which includes performance of business during a regularly scheduled work day, meal break, and/or any occasion having a connection with the Board of Education and/or the employee’s duties, and at all time the employee is on the job site.

Section 4: - Content

4.1 – It is the policy of the Clay County Board of Education to ensure that its workplaces are free of illegal drugs and controlled substances by prohibiting the unlawful manufacture, distribution, possession, or use, without medical authorization, of illegal or controlled substances and/or alcohol; the reporting to work under the influence of a non-medically prescribed controlled substance or alcohol; or possession of non-medically prescribed paraphernalia, dugs, or alcohol.

4.2 – The policy is applicable while employees are engaged in any work-related activity which includes performance of business during regularly scheduled work days, meal breaks, and/or occasions having a connection with the Board of Education. In addition, this policy is applicable at any and all times when employees are on Board property, in attendance at any school or school board activity/function. It is further applicable during the performance of any and all job related activities, and/or while traveling in any vehicle either owned, leased, or rented by the Board of Education.

4.3 – The policy’s primary goal is to ensure that alcohol and illegal drug and/or controlled substance use is eliminated and that the Clay County Board of Education workplace is safe, healthful, productive, and secure for its employees, students, and citizens.

4.4 – Procedures for an employee, other than a bus operator, who voluntarily requests assistance for substance abuse:

4.4.1 – The employee who voluntarily requests help because he/she is using a controlled substance and/or alcohol at times other than when performing job-related activities, or at times other than while in attendance at school, or school Board of Education sponsored events, shall be dealt with in accordance with the following:

I – The employee shall be required to attend a conference with her/his immediate supervisor, the Superintendent of Schools, and the district Personnel Director.

II – The employee shall be granted up to fifteen (15) days of leave to provide verification he/she is enrolled in substance abuse and/or alcohol abuse counseling/rehabilitation sessions on a regular basis as specified in the counseling/rehabilitation program. Should this exceed fifteen (15) working days, the employee will not be compensated for additional days until it is determined he/she has met the requirements of the section, 4.4.

III - The employee may not return to work until the immediate supervisor has been presented with the results of a drug and/or alcohol test with negative results (a clean test). The type of test given and the agency giving the test shall be determined by the County Superintendent or his/her designee.

IV - During one-year period following his/her return to work, the employee shall be required to submit to a minimum of six (6) and not more than eighteen (18) drug and/or alcohol tests and provide the immediate supervisor with any and all results within 48 hours of receiving them. The dates and times of the drug and/or alcohol tests will be determined by the County Superintendent or his/her designee and no prior notification need be given to the employee. The type of test given and the agency giving the test shall be determined by the County Superintendent or his/her designee.

V. The employee who does not meet the requirements of section 4.4 of this policy, either by failing to complete the specified counseling/rehabilitation program, or by “failing” a drug and/or alcohol test following his/or return to work as outlined in Section 4.4.1, part IV above, or for any other reason, shall be dealt with in accordance with Section 4.5, Part B - Second Offense.

VI. The employee, after successfully completing the requirements of Section 4.4 may not elect to come under Section 4.4 a second time, but, in the case of a subsequent incident related to illegal drugs/controlled substance/alcohol will be dealt with in accordance to Section 4.5 – B Second Offense.

4.5 – Possession, use, and/or distribution of a controlled substance and/or alcohol will be dealt with promptly in accordance with legal and administrative disciplinary procedures.

I – The employee, other than a bus operator, who uses, has in his/her possession and/or is under the influence of a controlled substance and/or alcohol in a school, on School Board property, during the performance of any job related activity, while traveling in a vehicle either owned, leased, or rented by the School Board and/or at any school/School Board sponsored activity will be dealt with in the following manner:

A – FIRST OFFENSE

1 – Police will be notified

2 – The employee shall be suspended with pay up to fifteen (15) day after the employee has been afforded due process

3 – Following a Board hearing, the employee may be suspended up to ninety (90) days without pay

4 – The employee will be required to enroll in a substance abuse counseling program. Failure to enroll in a counseling program or to follow the prescribed counseling program shall be grounds for termination of employment

5 – The employee will be required to furnish verification he/she has successfully completed a substance abuse counseling program and physician’s statement verifying the employee is drug/alcohol free prior to returning to the job or work station.

6 – During one-year period following his/her return to work, the employee shall be required to submit to a minimum of six (6) and not more than eighteen (18) drug and/or alcohol tests and provide the immediate supervisor with any and all results within 48 hours of receiving them. The dates and times of the drug and/or alcohol tests will be determined by the County Superintendent or his/her designee and no prior notification need be given to the employee. The type of test given and the agency giving the test shall be determined by the County Superintendent or his/her designee.

7. The employee who does not meet the requirements of section 4.5, steps 1 through 6 of this policy, either by failing to complete the specified counseling/rehabilitation program, or by “failing” a drug and/or alcohol test following his/or return to work as outlined in Section 4.4.1, part IV above, or for any other reason, shall be dealt with in accordance with Section 4.5, Part B - Second Offense.

B – SECOND OFFENSE

1 – Police will be notified

2 – The employee shall be suspended with pay up to fifteen (15) days after the employee has been afforded due process.

3 – The superintendent shall recommend to the Board of Education that the employee be dismissed.

II – The employee who is manufacturing and/or distributing any controlled substance and/or alcohol on school property, at any School Board of Education sponsored activity, while performing any job-related activity or while traveling in a vehicle either owned, leased, or rented by the Board of Education will be dealt with in the following manner:

A – FIRST OFFENSE

1 – Police will be notified

2 – The employee shall be suspended with pay up to fifteen (15) days after the employee has been afforded due process.

3 – The superintendent shall recommend to the Board of Education dismissal of the employee.

4.5.2 – State or county agencies who are contractors or grantees of federal contracts or grants amounting to at least $25,000 are subject to suspension of payments and termination of the contract or grant for violation of any of the requirements of a drug-free workplace if they make a false initial certification, or if the number of drug-related convictions of employees indicated that the employee hasn’t made a good faith effort to maintain a drug-free workplace.

4.6 – As a condition of employment with the Clay County Board of Education, employees shall:

4.6.1 – Abide by the terms of this policy: compliance is mandatory

4.6.2 – Notify their supervisor or department head of any criminal drug statute of conviction for a violation occurring in the workplace, no later than five (5) days after such conviction.

4.7 – It shall be the responsibility of the Personnel Director to establish a drug awareness program for Clay County Board of Education employees to provide information on the following:

4.7.1 – The Employee Referral Program;

4.7.2 – The dangers of drugs in the workplace;

4.7.3 – The establishment and maintenance of a drug-free workplace;

4.7.4 – The penalties for workplace drug-abuse;

4.7.5 – Available drug-free literature.

4.7.6 – Training for school administrators in the detection of symptoms and/or signs of possible alcohol and/or substance abuse.

4.8 School bus operators are subject to all requirements of West Virginia Board of Education Policy 4336 WV School Transportation Regulations, including those requirements relating to drug testing. It shall be the policy of the Clay County Board of Education that a school bus operator who fails a drug/alcohol test administered by the board of education or an agent of the board may not operate a county vehicle under any circumstances for a minimum of 2 years and shall be subject to the action described in Section 4.9 of this policy.

4.8.1 It shall be the policy of the Clay County Board of Education that a school bus operator who fails a drug test administered by any person/agency other than the board of education, is required to notify the County Superintendent or the Transportation Director immediately and may not operate a county vehicle under any circumstances for a minimum of 2 years and shall be subject to the action described in Section 4.9 of this policy.

4.8.2 A school bus operator may not operate a county vehicle under any circumstances for a minimum of 2 years when there is a demonstration of a preponderance of evidence or by conviction that the school bus operator is an abuser of alcohol, or a lawfully prescribed controlled substances or a user of illegal controlled substances or controlled substances not lawfully prescribed, and shall be subject to the action described in Section 4.9 of this policy. For purposes of this rule, a bus operator who fails a sobriety test in connection with a DUI charge shall be considered an abuser of alcohol.

4.8.3 A school bus operator may not operate a county vehicle under an circumstances upon evidence that the school bus operator is not otherwise qualified to perform the duties of school bus operator as set forth below. For purposes of this section, a 30126CSR92 conviction includes any plea of guilty, conditional pleas or pleas of no contest and shall be subject to the action described in Section 4.9 of this policy.

4.9 The school bus operator shall be dealt with in the following manner:

1 – Police may be notified

2 – The employee shall be suspended with pay up to fifteen (15) days after the employee has been afforded due process.

3 – Following a board hearing, the employee shall be suspended up to 90 days without pay.

4 – The superintendent shall notify the West Virginia Department of Education and request that the bus operator’s license to operate a school bus be revoked.

5 – The superintendent shall recommend to the Board of Education dismissal of the employee.

Section 5 – Reasonable Suspicion for Testing:

A school administrator who has a reasonable suspicion that an employee is using or under the influence of a controlled substance is expected to notify the County Superintendent or his/her designee immediately. When symptoms and/or signs or other appropriate evidence creates a reasonable suspicion, the County Superintendent or his/her designee may require an employee to submit to a drug/alcohol test. Failure of the employee to submit to a drug/alcohol test constitutes insubordination as defined in WV Code 18A-2-8.

Section 6 – Pre-Employment Substance Testing:

6.1 In the furtherance of achieving the Clay County Board of Education’s goals and objectives as enumerated above, all applicants who are offered employment by the Clay County Board of Education will be required to submit to a urinalysis test for the detection of the illegal use of drugs, as part of the currently required post-offer, procedures. Applicants will be given a copy of this Policy in advance of the post-offer, urinalysis test.

6.2 Applicants will acknowledge having read or had this Policy explained to them and should understand that as a condition of employment they are subject to its contents. Applicants will sign an acknowledgment prior to substance screening, permitting the summary result to be transmitted to the County Superintendent or his/her designee.

6.3 An applicant refusing to complete any part of the drug testing procedure will not be considered a valid candidate for employment with the Clay County Board of Education, and such will be considered as a withdrawal of the individual’s application for employment. The applicant will not be permitted to reapply for employment with the Clay County Board of Education for at least twelve (12) months and not until the applicant shows proof of successful completion of a drug rehabilitation program or proof that the applicant has otherwise rehabilitated successfully and is no longer engaging in illegal drug use.

6.4 If substance screening shows a confirmed positive result for which there is no current physician’s prescription, a second confirming test from the original sample may be requested by the County Superintendent or his/her designee, if the applicant requests a second confirming test. If a second confirming test is not requested by the applicant, a positive result for the first test, for which there is no current physician’s prescription, will result in the revocation of any job offer. A positive result from a second confirming test will also result in the revocation of any job offer.

Approved: December, 1990

Revised: September, 1992

Revised: July 18, 1994

Revised: September 17, 2012

Revised: November 6, 2014

Clay County Board of Education