| Status | Adopted | | Original Adopted Date | 03/23/2000 | | Last Revised Date | | | Last Reviewed Date | | ====== GBEBB-2: Employee Alcohol and Drug Testing ====== Last Revised Date: 08/10/2020 (District Provides Transportation Services) Provisions Applicable to All Employees Alcohol and Drug Prohibitions No employee may manufacture, use, possess, sell, distribute or be under the influence of alcohol or drugs in violation of the district's Drug-Free Workplace policy. All employees may be tested for alcohol and drugs if the district has reasonable suspicion that the employee has consumed alcohol or drugs in violation of Board policy. Program Coordinator The superintendent or designee will serve as the program coordinator to implement the district's alcohol and drug testing program within the guidelines of this policy. Training All staff who have supervisory duties over other staff members will be provided training on the effects of drug and alcohol use. The training will include physical, behavioral, speech and performance indicators of drug and alcohol use. Supervisors of employees who operate district transportation will be trained in accordance with federal law. Testing Program The district will use testing facilities with appropriately trained personnel for alcohol and drug testing. The district's drug and alcohol testing program shall provide individual privacy in the collection of specimen samples to the maximum extent possible. The specimen collection procedures and chain of custody shall ensure that specimen security, proper identification and integrity are not compromised. Refusal to Submit to Tests Drug or alcohol tests administered pursuant to this policy are mandatory. An employee refuses to submit when he or she fails to provide adequate breath or urine for testing when notified of the need to do so or engages in conduct that clearly obstructs the testing process. Consequences Employees who refuse to submit to a test, who test positive for prohibited substances or who take deliberate action with the intent to falsify test results will be subject to discipline, including termination, in accordance with Board policy and law. Treatment In addition to any disciplinary action taken, the district will provide employees a list containing the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs when employees have a positive drug or alcohol test, refuse to take a test or otherwise request information about substance abuse treatment. District Records and Reports Alcohol and drug test results and records shall be maintained under strict confidentiality and released only in accordance with law. Upon written request, an employee shall receive copies of any records pertaining to his or her use of alcohol or drugs, including any records pertaining to his or her tests. Test records shall be maintained with the separate medical files of each employee. The district shall maintain records and reports of its alcohol and drug prevention program as required by law. Records of drug and alcohol tests and other related records shall be made available to a subsequent employer only as expressly requested in writing by the employee. Notification to Employees The program coordinator shall ensure that all employees receive written materials explaining the district's drug and alcohol misuse prevention program, including copies of or access to applicable policies, procedures or handbooks. Employees shall sign statements certifying that they have received the materials. Provisions Applicable to Drivers In addition to the drug testing provisions applicable to all employees, the School of the Osage, which employs operators of commercial motor vehicles ("drivers"), is required to implement a drug and alcohol testing program that fulfills federal requirements. The district will use laboratories certified by the U.S. Department of Health and Human Services to conduct drug specimen analysis. This comprehensive program shall include conducting pre-employment drug testing and reasonable suspicion, random and post-accident testing for use of alcohol or drugs by drivers; notifying drivers of the requirements and consequences of the program; maintaining appropriate records; participating in the Commercial Driver's License Drug and Alcohol Clearinghouse; and complying with the Missouri Department of Revenue's reporting requirements. As required by law, no driver shall report for duty within four hours of using alcohol. No driver required to take a post-accident test shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident alcohol test, whichever comes first. Federal 21 U.S.C. § 802(6) Federal Statute 49 C.F.R. Parts 40, 382, 383 Procedures for Transportation Worplace Drug and Alcohol Teasting Program;, Controlled Substances and Alcohol Use and Testing; Commercial Driver's Lice 49 U.S.C. § 31306 Omnibus Transportation Employee Testing Act of 1991 [[EEA]] ===== References ===== ==== Cross References ==== [[rsmo>287.120|§ 287.120, RSMo]] ==== Missouri Revisor of Statutes ==== ==== Missouri School Improvement Program ==== ==== United States Code ==== ==== Code of Federal Regulations ==== ==== Court Cases ====