3. DRUG FREE WORKPLACE AND SUBSTANCE ABUSE

3.1 Policy

3.1.1 Employees shall not use, possess, transfer or sell any alcohol (medication excluded) or unprescribed controlled substance during work hours, including lunch, break and/or rest periods. Employees shall not use any alcohol or controlled substances outside their work hours in such a manner as to impair their performance or be observed or detected during work hours.

3.2 Testing

3.2.1 Drug testing shall be consistent with the right of employees to privacy, freedom from self incrimination and unreasonable search and seizure as well as other rights established by applicable federal and state statutes.

3.2.2 The term "reasonable suspicion" shall be used as defined by state and federal statutes. Administrators shall have a minimum of one hour of training in this definition before having the authority to make a recommendation for testing. All required testing by the District shall be approved and arranged by the General Director and/or Supervisor of Professional Standards.

3.2.3 Where a reasonable suspicion of the use of, or impairment by, illegal substances and/or inappropriate alcohol exists, the following procedures shall be followed:

1. The employer will follow the Federal Department of Health and Human Services technical and scientific guidelines covering employee consent, specimen collection, chain of custody, specimen processing and reporting of results.

2. Testing for the five standard drug categories will be done by a reputable, independent laboratory and will require a screening test and a confirming test on each positive specimen.

3. The initial screening test shall be by the Enzyme-Multiplied Immunoassay Technique (EMIT).

4. The confirming test shall be by the Gas Chromatography/Mass Spectrometry (GC/MS) method.

3.2.4 All information, interviews, reports, statements, memoranda, and records of all referrals, screening and confirming tests shall be held in strict confidence by the independent testing laboratory and by all personnel in the school district authorized to have knowledge thereof.

3.2.5 All related investigative and medical records will be handled with the confidentiality afforded under Florida law.

3.2.6 Employees shall be provided with a list of over-the-counter and prescription medications which may produce positive results on the specified tests. No employee shall be considered to have a positive test for taking medication as prescribed by his/her physician.

3.2.7 Standards and methodology for testing for the use of alcohol are being developed by the Federal Department of Transportation. When those standards and testing methods are finalized and published in the "Federal Register", alcohol testing shall be incorporated into this section by reference after consultation and agreement with the Association on the testing. The testing standards of federal, state, or local law shall apply to the extent that such standards are binding on the employer.

3.3 Rehabilitation/Disciplinary Action

3.3.1 A test which results in a finding of the presence of drugs above the recognized standard cutoff level (confirmed positive) during work hours shall be grounds for discipline up to and including dismissal. However, an employee who agrees to submit to a recovery program, Employee Assistance Program or other rehabilitation program normally shall be given one opportunity for rehabilitation to avoid dismissal action. The employee must show certification of satisfactory completion of the rehabilitation program. When necessitated by the structure of the program, the employee may use accumulated sick leave, vacation leave, or leave without pay for the duration of the treatment.

3.3.2 Discipline or discharge for substance abuse shall be for just cause and shall be subject to Sections 13.2, 13.3, and 22. In addition to these requirements, just cause for discipline must be consistent with the conditions of 3.2.1.

3.3.3 Self-disclosure of substance abuse shall be treated as an illness of a non-occupational nature. In such a situation, the employee shall provide written proof of rehabilitative treatment, successfully pass a substance abuse test before returning to work and subject himself/herself to random follow-up testing paid for by the School Board. This period of testing will not exceed sixty (60) months but may be for less time. Self-disclosure is defined as disclosure prior to any official notification to report for testing or prior to any investigation.