FILE: GAMEA
ALCOHOL AND DRUG TESTING-GENERAL EMPLOYEES
The DeSoto 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. The unlawful manufacturing, distribution, dispensing, or possession of controlled substances or intoxication due to or as a result of use of a controlled substance by employees in any workplace operated by the system or in any other location is prohibited. For any such violation, disciplinary action is required. Also, the possession, use or distribution of alcohol or being under the influence of alcohol by employees of the system 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 is prohibited.
As a condition of continued employment, the DeSoto Parish School Board may require samples from a school system employee for alcohol-drug testing in the following circumstances:
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 (after a confirmatory test) or alcohol will 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 that the School Board employee perform, or be responsible for (1) performing, primarily or specifically, the operation or maintenance of a motor vehicle; or (2) supervising or attending children on a motor vehicle used to transport students to and from school; or (3) inspecting, servicing, maintaining or using gas fired equipment or gas utility systems. 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 DeSoto 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 designated as safety-sensitive or security-sensitive positions: school bus operators; any person who operates a school system vehicle; mechanics who perform maintenance or repairs of school buses or other school system vehicles; persons supervising or attending children on a school bus or any other 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; 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. The Superintendent shall promulgate administrative regulations and procedures to implement the provisions of this policy.
Approved: May, 2004
Revised: August, 2004
Ref: 49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)
49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)
49 CFR 40 et seq. (Procedures for Transportation Workplace Drug and Alcohol Testing Programs)
La. Rev. Stat. Ann. §§17:81, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015
United Teachers of New Orleans et al. v. Orleans Parish School Board and Jefferson Parish School Board, et al, 142 F.3d 853
Board minutes, 5-6-04, 8-5-04
DeSoto Parish School Board