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Drug- and Alcohol-Free Workplace

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					                                                                                  Policy 4004
                Red Clay Consolidated School District Board of Education Policy
                Drug- and Alcohol-Free Workplace

A. Purpose:
   The purpose of this policy is to prohibit the manufacture, distribution, dispensing, possession,
   or use of controlled substances and alcohol on the property or premises of the Red Clay
   Consolidated School District Board of Education (“the Board”) or any site of Board-
   sponsored activities. This prohibition extends to all places in the Red Clay Consolidated
   School District (“the District”) in which persons employed by the Board work, including
   state-owned vehicles and places in which federal grant activity occurs.
   This policy is needed to communicate the Board’s responsibility to provide for the health,
   safety, and general well-being of students and staff of the District.

B. Issue:
   The expectation set in place by this policy is that the District believes illegal drugs and
   alcohol have no place in the work environment.
   This policy must be applied in all instances of District operation. All District employees are
   expected to comply with this policy.
   If this policy is not implemented, the health, safety, and general well-being of District
   students and staff may be compromised. Failure to comply with this policy may result in
   disciplinary action.

C. Definitions:
   Alcohol: Any form of alcohol for consumption including beer, wine, wine coolers, or
   distilled liquor.
   Controlled substance: One which appears in Schedule I through V of Section 202 of the
   Controlled Substance Act (21 U.S.C. 812).
   Drug: Any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or other
   illegal drug, solvent, or dangerous or controlled substance.
   Possession: Direct occupancy, use, or control of property, belongings, or any other physical
   substance; extends to being under the influence of an illegal drug or alcohol in the work
   environment.
   Reasonable suspicion: A belief that an employee may be under the influence of drugs or
   alcohol; such a belief must be based on objective evidence, which may include but is not
   limited to the following: erratic or unusual behavior (e.g., noticeable imbalance, incoherence,
   and disorientation) which would lead a person of ordinary sensibilities to conclude that the
   employee is under the influence of drugs and/or alcohol; observation of possible ingestion of
   alcohol or use of drugs; involvement in an accident; excessively aggressive behavior; or
   other circumstances which could lead a reasonable person to believe that the use of drugs or
   alcohol may have been involved.
   Under the influence: Any mental, emotional, sensory, or physical impairment due to the use
   of drugs or alcohol.

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                                                                                    Policy 4004
   Workplace: The site for performance of work done by a District employee under the
   direction of the District; includes all building premises used by the District; any District- or
   state-owned vehicle or any other District-approved vehicle (including an employee’s own
   vehicle) used to transport students or fellow employees from school to school activities or to
   transport fellow workers to and from different work sites following initial arrival at work;
   and off-school property during any Board-sponsored or District-approved activity, event, or
   function involving students under the jurisdiction of the District.

D. Policy:
   The Board recognizes that the misuse of drugs or abuse of alcohol is harmful to persons and
   creates dangerous conditions in the community and workplace. The District believes all
   educational institutions including the District have an important role in helping to create a
   healthy, safe environment free from the use or possession of drugs or alcohol. The District
   further recognizes that the use of drugs, alcohol, and other controlled substances by staff is
   both harmful and illegal. Furthermore, Congress passed the Drug-free Workplace Act of
   1988 (revised 1990), requiring the certification of federal grantees of a drug-free workplace,
   and the District supports that Act. For these reasons the District adopts the following drug-
   and alcohol-free workplace requirements for its employees:
       (a) Manufacture, distribution, dispensing, possession, or use of controlled substances
           (except as prescribed by a physician) or alcohol – regardless of quantity – is
           prohibited in the District in all places where its employees work, including all state-
           owned vehicles. Employees shall not report to work impaired by drugs or alcohol. As
           a condition of employment, each employee shall abide by this prohibition and shall
           notify the District if he/she is convicted under any criminal drug statute for a violation
           occurring in the workplace as provided by section (b) below. Violation of such
           prohibition shall result in personnel action against the employee as set out in the
           District’s schedule which shall include action, up to and including termination and/or
           satisfactory participation in an approved drug abuse assistance or rehabilitation
           program. The District has no obligation to pay for the program, but the cost of the
           program may be covered by an employee’s health insurance policy.
           All violations of the above policy shall be reported to the Office of Human Resources
           who shall report the violation to the appropriate law enforcement authority. Personnel
           action shall be taken in all cases of a chargeable offense under 16 Del.C. Ch.47 or
           comparable federal law. The employee against whom such a personnel action is taken
           shall be entitled to due process pursuant to 29 Del.C. Ch. 101, and rules and
           regulations of the District.
           Nothing in this policy shall preclude the District from taking the concurrent and/or
           independent personnel action against the employee under the rules and regulations of
           the District.
       (b) All employees shall notify the Office of Human Resources in writing of any criminal
           drug statute conviction occurring in the workplace no later than five days after such
           conviction. A conviction shall include any finding of guilt, including a no contest
           plea, or imposition of a sentence. Failure of the employee to make such notification
           shall lead to discipline in keeping with the District’s schedule. Within 10 days of
           receiving notice of any employee convicted as described above, the District shall
           notify the federal agencies providing grants to and through the District.


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                                                                               Policy 4004
   (c) Within 30 days of receiving notice of an employee convicted as described in section
       (b), the District will:
           1. Take appropriate personnel action against such an employee, up to and
               including termination; or
           2. Require such employee to participate satisfactorily in a drug abuse assistance
               or rehabilitation program approved for such purposes by federal, state, or local
               health law enforcement or other appropriate agency.
       Such action may be taken by the District prior to conviction.
   (d) The District shall give each employee a copy of this policy and post it prominently
       throughout the areas where employees work. Each employee shall sign duplicate
       copies of this policy; one copy shall be placed in the employee’s personnel file and
       the other shall be placed in a compliance file for purposes of audit.
   (e) The District shall establish and implement a program to inform employees about:
          1. The dangers of drug/alcohol abuse in the workplace;
          2. The District’s policy of maintaining a drug- and alcohol-free workplace;
          3. Any available drug/alcohol counseling, rehabilitation, and employee
             assistance programs; and
          4. The penalties that may be imposed upon employees for drug/alcohol abuse
             violations occurring in the workplace.
   (f) The District shall make a good faith effort to continue to maintain a drug- and
       alcohol-free workplace through the implementation of this policy and to ensure that
       all new employees are informed of the policy through the measures set out in sections
       (d) and (e).
   (g) District employees who violate this policy shall be penalized in accordance with the
       District’s schedule. The aggravating and mitigating circumstances of each case
       should be considered in determining the penalty appropriate for the violation.
Employee Substance/Alcohol Abuse
If either a physician's examination or an assessment center determines a substance and/or
alcohol abuse problem exists, the employee will be expected to enroll in a treatment program.
The employee may use unpaid leave, accumulated sick leave, or accrued vacation leave to
complete the treatment program and to further his/her rehabilitative effort. The District will
not pay for costs of the program or related care.
If the employee successfully completes the treatment program and is released by the
treatment center to return to work, the District will reinstate the employee to his/her previous
position in the District. The District shall require certification from a treatment center
medical doctor to verify that an employee has successfully completed the treatment program
and can safely work with students, fellow employees, and/or the public.
Should the employee refuse to attend treatment or not complete the treatment program, the
employee will be subject to discipline. Any such discipline may include oral or written
reprimand, suspension with or without pay, or termination of employment. Any such
discipline will be consistent with the provisions of any appropriate collective bargaining
agreement.



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                                                                              Policy 4004
Reporting Substance/Alcohol Abuse
An employee who is aware of the use or possession of any illegal drug, alcohol, or controlled
substances in the workplace by another employee is encouraged to report such abuse to the
building administrator and to recommend to the employee that he/she investigates an
employee assistance program.
Property Searches
The District may search any property within the workplace. Though lockers, desks, or other
District property may be searched, the District may not search personal belongings such as
purses or personal vehicles that are on District property but not being used as part of the
workplace.
Reasonable Suspicion
Any employee for whom there is a reasonable suspicion that he/she has used drugs or alcohol
or is under the influence of drugs or alcohol while on Board property or premises or at
Board-sponsored activities shall be required to submit to drug and alcohol testing. Any
employee who tests positive for controlled substances or is found to have a breath alcohol
level or blood alcohol level greater than 0.02 while on duty shall be subject to dismissal.
Failure to submit voluntarily to testing shall be considered an admission that the employee is
under the influence.
The Superintendent or designee may establish additional guidelines and procedures for
reasonable suspicion drug and alcohol testing. Employees who test positive for drugs and/or
alcohol, who refuse to submit to drug and alcohol testing, or who submit specimens that have
been altered or tampered with shall be subject to dismissal and suspension pending dismissal
in accordance with the Board’s policies related to employee discipline and due process.
Transportation Workers
Pursuant to applicable United States Department of Transportation (“DOT”) regulations, all
Board employees who operate commercial vehicles as part of their job duties shall be tested
for drugs (1) upon application for employment; (2) biennially, as part of the physical
examination required by DOT; (3) when there is reasonable cause to believe that he/she is
using drugs; and (4) randomly, as allowed by law. The Board shall follow DOT procedural
requirements for drug testing, records maintenance, and disclosure of drug test results. Any
commercial drivers’ license holder who fails to submit to testing shall be subject to dismissal
from employment. School transportation workers shall also be subject to additional state
regulations relating to the use of alcohol and controlled substances.
Drug- and Alcohol-Free Statement
“I understand and agree that as a condition of my employment by the Board, I must abide by
all Board rules and policies, specifically the Drug- and Alcohol-Free Workplace Policy. I
understand and agree that under the terms of the policy:
       1. the unlawful manufacture, distribution, dispensing, possession, or use of
           controlled substances or alcohol on Board property or premises or any site of
           Board-sponsored activities, and an employee’s presence on Board property or
           premises or any site of Board-sponsored activities while under the influence of
           controlled substances or alcohol or because of the misuse of any drug that is
           legally obtainable but has not been legally obtained or that is not being used for
           prescribed purposes or taken according to prescribed dosages, are prohibited;
       2. I am subject to drug and alcohol testing while employed by the Board if there is a
           reasonable suspicion that I am present on Board property or premises or any site

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                                                                                Policy 4004
           3. of Board-sponsored activities while under the influence of controlled substances
              or alcohol;
           4. in accordance with the policy, I must notify the Board if I am convicted of a
              felony or any crime involving the manufacture, distribution, dispensing,
              possession, or use of any controlled substance or any drug that is legally
              obtainable but has not been legally obtained, or that is not being used for
              prescribed purposes or taken according to prescribed dosages in the workplace;
              and,
           5. if I violate the policy, the Board shall dismiss me from employment in accordance
              with the Board’s policies related to employee discipline and due process. I certify
              that I will remain drug and alcohol free at the workplace at all times during the
              course of my employment by the Board.”
   The Superintendent shall be directed to prepare administrative regulations to implement this
   policy.

E. Review and Reporting:
   This policy shall be reviewed annually by the Board and staff. Drug and alcohol policies and
   procedures shall seek to incorporate the latest research and information. Each year the
   District shall actively seek funds from outside sources to support the costs of the District's
   drug and alcohol prevention efforts and programs implemented under this policy and related
   procedures.

F. History:
   This policy previously existed as Policy GBCBA Drug-Free Workplace.

G. References:
   Related policies: 4003 Staff Conduct and Ethics; 4010 Employment, Discipline, and
   Dismissal
   Related documents: (None)

H. Laws/Relevant Agencies:
   16 Del.C. Ch. 4721 CFR 1308.11-1308.15 (2000)
   Controlled Substances Act, 21 U.S.C. §812, schedules I-V
   Drug-Free Workplace Act of 1988, 41 U.S.C. §§701-707
   Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§7101-7117
   U.S. Department of Transportation




Adopted:       05/16/1990
Reformatted:   12/08/2008
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