Drug Free Workplace Program
about 1 year ago
School District of Columbia County, Florida Drug Free Workplace Program
DRUG FREE WORKPLACE
In an effort to meet its commitment to provide children with a quality education and to eliminate future substance abuse related costs from its operations, the School Board of Columbia County has established a program to test employees for drugs (including alcohol). The School Board of Columbia County is committed to a drug-free work place and a drug-free work force. The School Board's Program is not directed at employee conduct off the job, unless that conduct affects on-duty performance. As a condition of employment, all employees are required to fully comply with the provisions of the School Board's Drug Free Workplace Program. All employees shall receive and be asked to read this Program with regard to alcohol and drug usage and sign a statement indicating their understanding of the Program.
(2) Compliance with State and Federal Law
The School Board of Columbia County's Drug Free Workplace Program fully comports with Chapter 440, Florida Statutes as well as the Workers' Compensation Drug Testing Rules enacted by the Department of Labor and Employment Security, Division of Workers' Compensation, for the State ofFlorida (hereinafter referred to as the Division.) These Rules are codified in Florida Administrative Code Chapter 59A-24. It is the intent of the board that this Program complies with all of the aforesaid laws. Questions concerning the application or interpretation of the Program should be directed to the Risk Manager.
(3) Notice of Implementation of the School Board of Columbia County's Drug Free Workplace Program
(a) The implementation of the Drug Free Workplace Program, contained within the confines of this document, constitutes general notice to all employees of the School Board of Columbia County that each individual is required, as a condition of continued employment with the School Board, to fully comply with the provisions of the Drug Free Workplace Program, and to fully cooperate with the implementation and enforcement of the Program, including execution of the necessary authorization form.
(b) The implementation of this Program further constitutes general notice to all employees of the School Board of Columbia County that it is a condition of employment for an employee to refrain from reporting to work or working with levels in excess of Florida Administrative Code Chapter (59A-24).
(c) A notice of this Program is to be posted on the bulletin board at each work site and copies are available upon request at the risk management office.
(d) No drug testing shall begin until after sixty (60) days posting at each worksite in a general area where programs and notices are normally posted.
(4) Types of Testing
The School Board of Columbia County reserves the right to conduct employee drug testing. The scope and description of each particular category of testing is elicited in further detail below:
(a) Job Applicant Testing
(1) The School Board of Columbia County requires all individuals hired by the School Board to be free of alcohol and controlled substances. All job applicants offered a position with the School Board will be required to submit to a drug screen. A job applicant's refusal to submit to a pre-employment drug test shall constitute a basis for the School Board of Columbia County's refusal to hire that individual. All prospective employment candidates will be provided notice of the test and assurance that highly reliable testing procedures will be used. Prior to and after testing, applicants are given an opportunity to confidentially report to a Medical Review Officer the use of any prescription or nonprescription medicines which may alter their test results by filling out a form. Additionally, applicants may consult with a Medical Review Officer for any further technical information regarding such medications.
(2) All job applicants' prospects of employment with the School Board of Columbia County will be conditioned upon their being qualified for work and any individual who tests positive for any drug described herein will not be considered qualified for employment with the School Board of Columbia County.
(3) The results of the laboratory test will be restricted to whether or not the applicant's specimen tested positive for drugs, the particular drug involved and the amount found within the specimen tested.
(4) Applicants testing positive will not be eligible for employment by the School Board of Columbia County for one (1) year from date of the test.
(b) Current Employee Testing
In addition to requiring prospective employment candidates to submit to substance abuse screening, the School Board of Columbia County will utilize the following categories of employment related testing for its employees.
(1) Reasonable Suspicion Testing. The School Board of Columbia County shall require all of its employees to submit to a drug screening whenever there is reasonable suspicion to believe that an employee is under the influence of, or otherwise using a controlled substance. Reasonable suspicion requires a belief by trained personnel that an employee possesses or uses controlled substances at the workplace and is either intoxicated or impaired by such substances. Where the Superintendent or his designee can reasonably conclude that there are objective facts indicative of the use of a prohibited substance, there is sufficient justification for testing. Among other things, such facts and inferences may be based upon:
(a) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.
(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
(c) A report of drug use, provided by a reliable and credible source.
(d) Evidence that an individual has tampered with a drug test during his employment with the current employer.
(e) Information that an employee has caused, contributed to, or been involved in an accident while at work.
(f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.
(2) Post-Injury Testing. The School Board of Columbia County shall automatically require substance abuse testing for any employee injured while on-duty. The School Board of Columbia County's concern for its workforce is paramount; therefore, it may be necessary to administer the appropriate medical treatment prior to obtaining specimens for testing. If the required specimens can be obtained at a medical treatment facility which is not a designated collection site, a physician, physician's assistant, registered nurse, nurse practitioner, licensed practical nurse, certified paramedic or licensed collection site person qualified by training and skills, may collect the specimens. If such an individual is not present, the injured employee, as soon as is medically permissible, shall be transported to a designated collection site to produce the required specimens.
(3) Follow-Up Testing.
(a) If the School Board of Columbia County, at its sole discretion, determines that an employee who has submitted confirmed test results which register positive for content of one or more controlled substances, should not be terminated, the employee may be granted leave of absence without pay, unless the employee has paid leave available, and be required to enroll in and successfully complete a drug and/or alcohol rehabilitation program at his own expense as a condition of his returning to work.
(b) Should the School Board of Columbia County elect such an option the Board shall endeavor to maintain a position for the employee for no more than six months. When the employee successfully completes a rehabilitation program, the employee, upon returning to work (if a position is available), shall be subject to follow-up substance abuse screens on an unannounced random basis for a period of two (2) years following the employee's completion of his rehabilitation program. The employee must provide a statement from a medical doctor that the employee has successfully completed an approved rehabilitation program. Follow up testing under this section must be conducted at least once a year for the two (2) year period after completion of the program, not to exceed a total of eight (8) tests.
(c) Both job applicant and current employee testing procedures shall provide for a second confirmation test of the remaining portion of an applicant/employee's initially tested specimen in the event that the results of that individual's initial substance abuse test registers a positive result. The confirmation test shall be based upon a different scientific principle than that of the initial test. The School Board of Columbia County shall require that a confirmation test be conducted upon all specimens registering a positive result prior to initiating any course of disciplinary action against the specimen provider relating to the results of said same initial screening test.
5. Drugs to be Tested
A list of drugs for which the employer will test job applicants and employees is a follows:
ALCOHOL: (Including a distilled spirit, wine, a malt beverage or an intoxicating liquor.) Reasonable Suspicion Only
AMPHETAMINES: (Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Ionamine, Fastin)
CANNABINOID: (Marijuana, THC)
OPIATES: (Paregoric, Parepectolin, Donnegel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromophone), M-S Contin and Roxanol (morphine sulfate),Percodan, Vicodin, Tuss-Organidin, etc.)
Prohibited substances consists of the use of any illegal drug or substance as identified in Schedules I though V of section 202 of the Controlled Substance Act as further defined by 21 CFR 1300.11 through 1300.15.
6. Rules of Conduct
(a) The School Board of Columbia County strictly prohibits its employees from being on duty and possessing, using, distributing or being under the influence of alcohol, marijuana or drug not prescribed for the employee. Further, the School Board of Columbia County prohibits its employees from misusing alcohol or possessing, using or distributing drugs off the job to the extent that any off-duty possession, use or distribution impacts upon their effectiveness and ability to perform their employment duties, or adversely affects the interests of the Board.
(b) The penalty for violation of the School Board of Columbia County's Drug Free Workplace Program may include termination of employment or some other form of discipline which the School Board, in its discretion, deems appropriate, and loss of workers' compensation benefits.
(c) An employee convicted of any criminal drug status violation occurring in the workplace shall notify the School Board of Columbia County no later than five (5) days after such a conviction.
7. Penalties and Consequences of an Employee's Refusal to Submit to or Positive Drug Test
(a) Any injured employee who refuses to submit to testing under this program automatically forfeits any medical and indemnity benefits they would otherwise be eligible for under Florida's Workers' Compensation Statute. Additionally, any employee, whether injured or uninjured, who refuses to submit to testing or tests positive under the School Board of Columbia County's Drug Free Workplace Program may be either discharged or otherwise disciplined by the School Board of Columbia County. Individuals who refuse to submit to testing procedures shall be asked to sign a Refusal to Submit Blood/Urine Form.
(b) Specimen Collection and Laboratory Procedures
(1) The School Board of Columbia County is committed to following strict specimen collection and laboratory testing procedures to ensure the quality, integrity and authenticity of the specimen. Employees and job applicants have a right to consult a Medical Review Officer for technical information regarding prescription and non-prescription medication. Further, employees and job applicants will be allowed to confidentially report the use of prescription or non-prescription medications to a Medical Review Officer before and after being tested on forms to be provided.
Collection site security and specimen collection are unequivocally the responsibility of the collection site and its personnel. The School Board of Columbia County assumes no responsibility for specimen collection or transmittal errors incurred by either the collection site, the laboratory or their respective staffs. The School Board of Columbia County will pay the cost of all initial and confirmation substance abuse screening it requires from either its applicants or employees. However, all costs of additional, non-required testing and testing incurred during a rehabilitation period or program shall be borne by the employee.
8. Challenges to Test Results
(a) Within five (5) working days after receiving written notice of a positive confirmed test result, the employee or applicant may contest or explain the result to a Medical Review Officer. If the explanation or challenge of the positive test result is unsatisfactory to the Medical Review Officer, the Medical Review Officer shall report a positive test result back to the School Board of Columbia County.
(b) Within five (5) working days after receipt of a positive confirmed test from the Medical Review Officer, the School Board of Columbia County will inform the employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. Within five (5) working days after receiving notice of a positive confirmed test result, the employee or applicant may submit information to the School Board of Columbia County explaining or contesting the test result, and explaining why the result does not constitute a violation of the School Board of Columbia County's Drug Free Workplace Program. If an employee's or job applicant's explanation or challenge of the test result is unsatisfactory to the School Board of Columbia County, then within fifteen (15) days of receipt of the explanation or challenge, a written explanation as to why the employee's explanation is unsatisfactory, along with the report of positive results, will be provided to the employee or applicant. All such documentation will be kept confidential by the School Board of Columbia County.
(c) If an employee was tested as a result of an on-the-job injury, that employee may undertake an administrative challenge to a positive test result by filing a claim for benefits with a Judge of Compensation Claims. If no workplace injury has occurred, the individual must challenge the test result in a court of competent jurisdiction. The doctrine of election of remedies shall apply to challenges filed pursuant to this Program. Should an employee elect to pursue an alternative remedy available to him, including the filing of a proceeding allowed by law, the filing of any such proceeding shall operate as a waiver of the employee's rights to avail himself of the proceedings available under this Program. Should a proceeding be filed pursuant to an alternative remedy, before or after proceedings under this Program have been completed, the filing of any such proceeding shall be considered a nullified and be terminated. When an employee or applicant undertakes a challenge to the results of a test it shall be the employee's or applicant's responsibility to notify the laboratory and the sample shall be retained by the laboratory until the case is resolved. Applicants and employees are responsible for notifying the laboratory of any administrative or civil actions brought pursuant to the Workers' Compensation Act.
9. Confidentiality/Employee Safeguards
(a) All information, interviews, reports, statements memoranda, and drug test results, written or otherwise, received by the School Board of Columbia County through the Drug Free Workplace Program shall be treated in a confidential manner, unless otherwise required by Florida law.
(b) The School Board of Columbia County, any collection sites, laboratories, drug and alcohol rehabilitation programs, and their agents who receive or have access to information concerning drug test results shall keep all information confidential, unless otherwise required by Florida law.
10. Workforce Regarding Substance Abuse
The School Board of Columbia County believes that education and understanding can be powerful weapons in the fight against drugs. Employees armed with knowledge are better prepared to resist substance abuse and intervene when necessary. As such, the School Board of Columbia County maintains a current resource file of providers of employee assistance including alcohol and drug abuse programs, mental health providers, and various other persons, entities or organizations designed to assist employees with personal and behavioral problems including, but not limited to those referenced in the "Florida Comprehensive Directory, Substance Abuse and Mental Services," published by the Department of Health and Rehabilitative Services. Further, the School Board of Columbia County will provide an annual education course to help employees identify the signs of personal and emotional problems brought on by substance abuse. This course will include a presentation of the legal, social, physical and emotional consequences of the misuse of alcohol and drugs.
11. Employee Assistance Plan
(a) Lists containing a sampling of the names, addresses, and telephone numbers of providers of assistance programs and local alcohol and drug rehabilitation programs available in our community are located in the HRMD office and the Risk Manager’s office.
(b) The Risk Manager has been designated as the School Board official responsible for providing information and answering any questions concerning this Program.
12. Safety Sensitive Employees
Employees who are in a safety sensitive position, including any function for which a commercial Driver’s License is mandated in which a driver operates a vehicle designed to carry sixteen (16) or more passengers, a vehicle with weight of over 26,000 pounds, or a vehicle which carries placard indicating hazardous cargo. Personnel involved with these functions shall also comply with Procedures on Anti-Drug and Alcohol Program.
Board Approved January 2002
Effective July 2002
Revised August 2005