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P4844
ST. LOUIS BOARD OF EDUCATION POLICY Recognizing that drug and alcohol abuse present a problem in society, it is the policy of the St. Louis Board of Education to maintain a drug-free working environment. Pursuant to this policy, the board prohibits the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol by students, staff or others on Board of Education property. For the purposes of this policy, "a controlled substance" means all drugs or other substances so designated, defined and prohibited by law. All employees of the district, as a condition of employment, must acknowledge and abide by the terms of this policy. Any employee found in possession of drugs prohibited by this policy or suspected of being intoxicated or under the influence of drugs or alcohol shall be subject to disciplinary action, including dismissal. Any employee who, as a result of testing, is found to have identifiable
traces of a prohibited drug or alcohol in his system, regardless of when
or where the drug or substance entered the employee's system, will be
considered in violation of this policy, will be removed from the board
premises, and will be subject to disciplinary action, including dismissal. The superintendent of schools shall be responsible for the district's efforts to maintain a drug-free workplace. It shall be the superintendent's responsibility to: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or the possession or use of alcohol is prohibited in the workplace and that specific actions, which may include dismissal, will be taken against employees violating this policy; B. Establish a drug and alcohol-free awareness program to inform employees about: The dangers of drug and alcohol abuse in the workplace; The district's policy of maintaining a drug-free work place; Any available drug counseling, rehabilitation, and employee assistance programs; The penalties that may be imposed upon employees for drug or alcohol violations occurring in the workplace. C. Provide all employees with a copy of the statement referred to in paragraph A; D. Notify employees that employees must, as a condition of continued employment, abide by the terms of the drug-free workplace policy and notify the district of any criminal drug statute conviction occurring in the workplace no later than five (5) days after such conviction; E. Notify the appropriate contracting or granting agency of the federal government if any employees are convicted for drug offenses occurring in the workplace within ten (10) days after receiving notice of such conviction; F. Impose appropriate sanctions or remedial measures on any employee who is convicted of drug offenses occurring in the workplace within thirty (30) days of receiving notice of any such conviction; G. Make a good faith effort to maintain ongoing compliance with the above drug-free workplace requirements.
Legal: PL 100-690, The Drug-Free Workplace Act of 1988, Policy adopted: June 26, 1990 Revised: December 8, 1998 R4844 ST. LOUIS BOARD OF EDUCATION REGULATION The Human Resource Officer or his/her designee will provide each employee with a copy of the drug-free workplace policy in an effort to inform all staff of the requirements of PL. 100-690, The Drug-Free Workplace Act of 1988, Section 5151, et seq. It is the responsibility of the Board of Education to maintain a drug-free working environment and to provide ongoing educational activities, information regarding possible penalties, and available counseling and rehabilitation services to accomplish that goal. 1. Reasonable Suspicions When a supervisor has a reasonable suspicion, based on objective criteria*
that an employee is under the influence of alcohol or drugs while on the
job, he/she shall immediately report this by telephone to the Human Resource
Officer or his/her designee. A written report must be submitted by the
supervisor within 48 hours. *Objective criteria is defined as suspicion based on personal observation
by the 2. Testing Upon receiving a report as described in Section 1, above, the Human Resource Officer or his/her designee shall direct an employee to go immediately to a medical facility to provide urine and/or blood specimens for testing; and to receive a medical examination by a licensed physician to determine his/her fitness to work. Employees who are subject to the requirement for testing shall be suspended until the required testing results are received. If the results are negative and the employee is declared medically fit to work, he/she shall be reinstated with back pay for the period of suspension. An employee who refuses to undergo testing and examination, shall be subject to disciplinary action including discharge. An employee whose test results are positive shall be subject to disciplinary action, including, discharge. 3. Job Performance A supervisor who suspects that an employee's use of drugs or alcohol is contributing to the employee's poor or deteriorating job performance, shall confer with the employee about the poor job performance but may not discuss suspected drug or alcohol use unless initiated by the employee. The supervisor shall refer the employee to the Employee Assistance Program for evaluation using the job referral procedures outlined in the Employee Assistance Policy/Guidelines. The supervisor shall report specific concerns, including suspected drug problems, to the Employee Assistance Program provider. If the employee's job performance does not improve and he/she refuses referral, further action will be determined by established administrative procedures which could include mandatory medical evaluation and dismissal. 4. Report of Workplace Convictions Employees are required, as a condition of employment, to notify the school district of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such a conviction. Convictions include any finding of guilt, including a plea of guilty, an Alford plea, or of nolo contendere, by any federal or state judicial body. "Criminal drug statute" means any federal or non-federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. The Human Resource Officer or his/her designee will verify the report through the appropriate authorities. The Human Resource Officer shall forward all verified reports of convictions within ten (10) days of receiving such notice to the appropriate federal contracting or granting agency as required by law.
Legal: PL. 100-690, The Drug-Free Workplace Act of 1988, Regulation approved: June 26, 1990 Revised: December 8, 1998 |
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