Louisiana Department of Education                                              Employee Policies

Special School District (SSD)                                                           Effective Date: 8/12/2013

 

Alcohol and Drug Free Workplace

 

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Applicability

 

This policy applies to applicants and employees of LSS. Applicants and employees of SSP will be governed by the Department of Education policy.

 

Philosophy

 

The employees of the State of Louisiana are among the State’s most valuable resources, and the physical and mental well being of these employees is necessary for them to carry out their responsibilities properly.  Substance and alcohol abuse causes serious adverse consequences to users impacting their productivity, health and safety, dependents and co-workers as well as the general public.

The State of Louisiana has a long-standing commitment to working toward a drug and alcohol-free workplace.  In order to curb the use of alcohol and illegal drugs by employees of the State of Louisiana, the Louisiana Legislature enacted laws that provide for the creation and implementation of drug and alcohol screening programs for State employees.  Further, the Governor of the State of Louisiana issued Executive Order BJ 08-69 providing for the promulgation by executive agencies of written policies mandating drug screening of employees, appointees, prospective employees and prospective appointees, pursuant to Louisiana Revised Statute 49:1001 et seq.

SSD fully supports these efforts and is committed to a drug and alcohol-free workplace.  This policy shall apply to all employees of SSD including appointees and all other persons having an employment relationship with this agency.

 

Policy

 

It shall be the policy of SSD to maintain a drug and alcohol-free workplace and workforce free of substance abuse.  Employees are prohibited from reporting for work or performing work for SSD with the presence in their bodies of alcohol above the prohibited alcohol concentration level, illegal drugs, or designer (synthetic) drugs at or above the initial screening levels and confirmatory screening levels as established in the contract between the State of Louisiana and the official provider of drug screening services. Employees are further prohibited from the illegal use, possession, dispensation, distribution, manufacture, or sale of controlled substances, designer drugs, and illegal drugs or alcohol at the work site, while on official State business or on call for duty.

 

To assure maintenance of a drug and alcohol-free workforce, SSD shall enforce a policy to implement a program of drug and alcohol screening, in accordance with Executive Order No. BJ 08-69, R. S. 49:1001, et seq., any and all other applicable federal and/or state laws.

 

 

Conditions Requiring Drug or Alcohol Screening

 

Screening shall be required upon notification of any of the following conditions:

1.       Reasonable Suspicion

        An employee shall be required to submit to screening for drugs and alcohol if there is reasonable suspicion that the employee is using drugs or alcohol.  Reasonable suspicion is a belief, based upon reliable, objective and articulable facts derived from direct observation of specific physical characteristics (behavior, speech, appearance, odor), which causes a prudent person to suspect that an employee has engaged in alcohol and/or drug use.

2.       Post-Accident 

Each employee involved in an accident that occurs during the course and scope of employment shall be required to submit to drug and/or alcohol screening if the accident; a) involves circumstances leading to a reasonable suspicion of the employee’s drug and/or alcohol use, b) results in a fatality, or c) results in or causes the release of hazardous waste as defined in R.S. 30:2173(2) or hazardous materials defined in R. S. 32:1502(5).

3.       Rehabilitation Monitoring 

Any employee who is participating in an alcohol or substance abuse after-treatment program or who has a rehabilitation agreement with the agency following an incident involving alcohol or substance abuse shall be required to submit to random screening.

4.       Pre-Employment 

Each prospective employee, except employees transferring from another executive agency without a lapse in service, shall be required to submit to pre-employment drug screening at the time and place designated by the person administering the program.  Pursuant to R.S. 49:1008, a prospective employee who tests positive for the presence of drugs in the initial screening shall be eliminated from consideration for employment.

5.       Appointments and Promotions to Safety and/or Security-sensitive Positions

Each employee who is offered a safety-sensitive or security-sensitive position shall be required to pass a drug screen before being placed in such a position, whether through appointment or promotion.

6.       Random Screening of Incumbents in Safety and/or Security Sensitive Positions

Random drug screening is required for all employees holding safety and/or security sensitive positions. Such screening shall be periodic and unannounced and employee selection shall be by a computer-generated random selection process. All such screening shall, unless impracticable, occur during the employee’s normal work hours.

 

Confidentiality

 

All information, interviews, reports, statements, memoranda, and/or screening results received by SSD through its drug and alcohol screening program are confidential communications, pursuant to R.S. 49:1012.  The information may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in an administrative or disciplinary proceeding or hearing, or civil litigation where drug and/or alcohol use by the screened individual is relevant.

 

Violation of This Policy

 

Violation of this policy, including refusal to submit to drug and alcohol screening, will result in disciplinary action up to and including termination of employment.  Each violation and alleged violation of this policy will be handled on an individual basis, taking into account all data, including the risk to students, self, fellow employees, and the general public.

 

REFERENCES:                 Executive Order BJ 08-69

                                            La. R.S. 30:2173(2), 32:1502(5), 49:101, 1008

                                            Controlled Substances Act (21 U.S.C. 812)