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III.
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POLICY
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A.
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The Assumption Parish Public School System's commitment to employee and student health and safety indicates that, whenever possible, the Assumption Parish Public School System will assist employees in overcoming substance abuse problems which are adversely affecting job performance by making available to all employees an Employee Assistance Program. The Employee Assistance Program is not designed to provide treatment for personal or emotional problems, but is designed to assess the nature of the problem and provide appropriate referral for treatment. Nor is it to be used to circumvent employee discipline for violations of the policy contained in this section.
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B.
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The illegal use, sale or possession of intoxicants including alcohol), narcotics, drugs, or controlled substances while on the job or on school system property or on Assumption Parish Public School System buses or vehicles by any employee whose duties require him/her to possess a commercial drivers license shall result in immediate suspension without pay and recommendation for job termination. A school bus operator that tests positive for the presence of alcohol of .08 percent or higher or certain drugs on tests administered in the scope of the operator's employment as a school bus operator shall be prohibited from driving a bus or transporting students in any manner until the School Board determines the operator may return to driving. Any illegal substances found in such circumstances shall be turned over to the appropriate law enforcement agency. This includes prescription drugs except when verified by a physician in writing that the substance does not adversely affect the driver's ability to safely operate a vehicle.
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C.
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Confirmed use, sale or possession of narcotics, drugs, or controlled substances off duty or off school system premises shall result in immediate suspension without pay and recommendation for job termination.
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D.
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The use or possession of alcohol or other intoxicants or controlled dangerous substances while on the job, or any school system property, or on Assumption Parish Public School System buses or vehicles is prohibited. Any violation of this policy by an employee shall result in disciplinary action against the employee with immediate suspension without pay and recommendation for job termination.
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1.
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No employee whose duties require a commercial driver’s license may use alcohol for at least four hours prior to operating his or her vehicle on duty.
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2.
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Any employee whose duties require a commercial driver’s license who reports to duty or remains on duty while having an alcohol concentration of .04g% or greater will be considered to be in violation of this regulation.
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a.
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Any employee who tests at .04g% or greater will not be allowed to return to duty until he/she fulfills all of the requirements imposed by the School Board, the Personnel Department or the Superintendent and must be retested and have a reading of no greater than .02g%.
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b.
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An employee who tests between .02g% and .04g% will not be permitted to operate his/her bus or vehicle until the start of the drivers next regularly scheduled duty period, but not less than twenty-four (24) hours following the administration of the test and must be retested and have a reading of no greater than .02g% before he/she can return to duty.
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E.
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Any employee whose duties require a commercial driver’s license and who is undergoing any medical treatment involving a controlled substance, with such treatment required to be under the supervision of a licensed physician, must report in writing such treatment to the Director of Personnel with the physician's documenting statement attached. Such information shall be regarded as strictly confidential except when needed to support an employee's fitness for duty and after conference with the Medical Review Officer.
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F.
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All prospective employees of the Assumption Parish Public School System whose duties require a commercial driver’s license, who have been recommended for employment shall submit to drug and alcohol testing conducted under the appropriate federal regulations by the Assumption Parish School Board designated agent as one of the conditions of employment. No person who fails the drug and/or alcohol tests shall be considered for employment with the Assumption Parish Public School System.
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G.
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Other than prospective employees, all employees whose jobs require a commercial driver’s license or employees driving School Board vehicles will be tested for drugs and alcohol under the following circumstances and conditions:
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1.
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After an accident during the course and scope of his/her employment.
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2.
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Random drug testing as ordered by the Director of Transportation or his/her designee.
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3.
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When a reasonable suspicion exists that the driver has violated the alcohol or controlled substances prohibitions, based on specific, contemporaneous, articulable observations, concerning the appearance, behavior, speech or body odors of the driver.
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4.
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Prior to returning to duty, any employee whose duties require a commercial drivers license who has previously tested positive for an alcohol or a drug test must be tested for alcohol and drugs.
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a.
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If an employee has been removed from his/her duties for alcohol misuse, he/she must indicate no more than .02g% BAC on the return-to-duty alcohol test before he/she can resume his/her duties.
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b.
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If an employee has been removed from his/her duties for a positive drug test, he/she must undergo a return-to-duty drug test and obtain a verified negative result.
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c.
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Besides the return-to-duty test, the driver must also be evaluated by a substance abuse professional and participate in any assistance program prescribed.
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d.
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An employee must perform any other requirements designated by the School Board, the School Superintendent or the Director of Personnel.
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5.
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When an employee returns to duty after failing a drug or alcohol test, follow-up tests will also be conducted for at least twelve (12) months after his/her return to duty and may be extended for up to sixty (60) months.
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H.
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When an employee is ordered for drug and/or alcohol testing, he/she must immediately proceed to the site designated by his/her supervisor by way of the shortest route available. Failure to do so will be treated as a refusal to take the test and will result in disciplinary action, up to and including suspension without pay and termination.
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I.
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Collecting and testing procedures shall conform to all applicable state and federal guidelines and those as prescribed by the Department of Transportation. All searches, inspections, collections, and maintenance of test records shall be performed with due regard to the individual's privacy. The results of any tests will be considered confidential and the information will only be shared with those having a direct need to know and as may be required to support civil or criminal investigations.
All sample collection and testing for drugs and alcohol shall be performed in accordance with statutory provisions which ensure the following:
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1.
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The collection of samples shall be performed under reasonable sanitary conditions.
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2.
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Samples shall be collected and tested with due regard to the privacy of the individual being tested, and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples.
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3.
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Sample collection shall be documented, and the documentation procedures shall include:
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a.
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Labeling of samples so as reasonably to preclude the probability of erroneous identification of test result; and
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b.
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An opportunity for the employee to provide notification of any information which he/she considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs, or other relevant medical information.
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4.
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Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration; and
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5.
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Sample testing shall conform to scientifically accepted analytical methods and procedures. Testing shall include verification or confirmation of any positive test result by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of any test may be used as a basis for any disqualification pursuant to state law. Test results which do not exclude the possibility of passive inhalation of marijuana may not be used as a basis for disqualification. However, test results which indicate that the concentration of total urinary cannabinoids as determined by immunoassay equals or exceeds fifty nanograms/ml shall exclude the possibility of passive inhalation.
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J.
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Employees are required to cooperate fully with the drug-testing agency employed by the Assumption Parish Public School System for drug and/or alcohol testing purposes. Refusal to submit to drug and/or alcohol testing, or attempts to obstruct the testing will be treated the same as if the employee had tested at 0.04g% or greater or had tested positively for drugs. Examples of conduct that will be treated as refusal are: failure to provide adequate breath for testing when required without a valid medical explanation, engaging in conduct that clearly obstructs the testing process, leaving the scene of an accident before being tested (except, for example, when necessary to receive medical treatment) and not being reasonably available for a test, or failure to sign the alcohol testing form (if the employee did not take the test) constitute a refusal to submit to testing.
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