DP356 – Substance Abuse-Free Work Environment

• Manufacturing, dispensing, possessing, distributing, consuming, using or being under the influence of or using any unlawful controlled substance, drug paraphernalia or alcohol.
• Manufacturing, dispensing, distributing, consuming or using an electronic cigarette or tobacco in any form.

Any employee or volunteer found in violation may be subject to possible legal actions and/or disciplinary actions including but not limited to probation, suspension, and/or termination of employment or removal as a volunteer.  Administrative policy provisions and due process procedures for employees who violate the substance Abuse-Free Work Environment are outlined in District policies, including DP374 – Employment Background Checks; DP316 NEG—Orderly Termination Procedure; Licensed; DP316A—Orderly Termination Procedures – Administrators; and DP316B—Orderly Termination Procedures - Education Support Professionals.

1. Definitions
   1. Safety Sensitive Positions:  Positions which directly affect the safety of District employees and/or the general public during the course of performing job duties (i.e. District vehicle driving, etc.).
   2. Random Testing:  Testing of employees in safety sensitive positions as part of a District random drug testing program.
   3. Reasonable suspicion:  An articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that an employee is in violation of the drug-free workplace policy.
   4. Rehabilitative Testing:  Unannounced testing of preselected employees done as part of a program of counseling, education, and treatment of an employee in conjunction with the District’s Drug and Alcohol policy.
   5. Medical Review Officer (MRO):  A trained practitioner at the testing facility authorized to administer and interpret controlled substance and alcohol tests.
   6. Drug testing:  The scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of Utah Code §34-41-101 et seq.
   7. Sample:  Means urine or breath sample.
   8. Electronic Cigarette: Any electronic oral device that provides a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, vapor sticks, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.
2. Procedures for Implementation
   1. Training:  All employees are expected to receive training regarding this policy during the Onboarding process and through the critical policy review process at the start of each school year.
   2. Types of Testing:  Testing may be administered under the following conditions:
      1. Pre-employment testing for controlled substances for school bus drivers and employees in other safety sensitive positions.
      2. Random testing for controlled substances and alcohol for employees in safety sensitive positions.
      3. Reasonable suspicion testing for controlled substances and alcohol for all District employees.  This may include, but is not limited to, any one or more of the following:
         1. Observable symptoms of use or of being under the influence of alcohol or drugs.
         2. Presence of drug or alcohol paraphernalia.
         3. Any involvement (even indirectly) in an accident or near-miss that resulted or may have resulted in an employee injury or property damage or loss.
         4. Reports of drug or alcohol possession, use and/or distribution.
         5. Unexplained or suspicious absenteeism or tardiness.
         6. Unexplained significant deterioration in employee performance or behavior.
         7. Criminal citations, arrests or convictions as outlined in District Policy DP374 – Employment Background Checks.
         8. Any behavior or statements that would suggest that drugs or alcohol are present in the body.
      4. Post-accident or critical incident investigation testing for controlled substances and alcohol for all employees.
      5. Rehabilitative testing for controlled substances and alcohol for all District employees.
      6. Prior to return to duty or as a condition of continued employment if alcohol or controlled substances is the reason for a District employee’s absence from duty.
      7.  As a follow up in combination with a mutually agreed upon rehabilitation program.
   3. Testing:  Drug and alcohol testing shall be conducted in accordance with Utah Code §34-41-104 by an independent laboratory certified for employment drug and alcohol testing.
      1. Drug and alcohol testing results shall be confirmed using reliable testing methods and communicated to both the Human Resources department and the current or prospective employee by the MRO.
      2. Current or prospective employees shall be informed of their option for a split urine sample test at the employee’s shared expense in accordance with Utah Code §34-41-103 and Utah Code §34-41-104.
   4. Testing Required:  Employees required to participate in testing will make themselves available for testing as soon as notified by their supervisor.  Employees who refuse to submit for a test under this policy will be subject to employment discipline including termination.
   5. Sample Collection:
      1. The collection of samples shall be performed under reasonable and sanitary conditions and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of the sample.
      2. Reasonable measures will be taken to ensure the privacy of the individual being tested during sample collection.
      3. Samples collected shall be labeled and sealed to reasonably preclude the probability of erroneous identification of test results.
      4. The individual being tested shall have the opportunity to provide notification of any information relevant to the test, such as prescription and non-prescription medications used.  The individual may also provide information in compliance with the Americans with Disabilities Act of 1990.
      5. Sample collection, storage and transportation to the testing facility shall be performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration.
      6. Sample testing conforms to scientifically accepted analytical methods and procedures.
   6. Results:  The drug testing facility shall communicate all drug test results to Human Resources.
      1. Positive results:  The MRO will determine whether there is a legitimate medical explanation for the result.  If no legitimate medical explanation exists, the MRO will inform Human Resources and the sample donor of the positive results.  Human Resources will remove the employee from duty and inform the employee of the option to have a split urine sample tested at a shared expense as provided for by Utah Code §34-41-103 and Utah Code §34-41-104.  Human Resources will then initiate disciplinary action.  At any disciplinary hearing, in addition to considering the initial test results, the test results of the any split urine sample shall be considered.
3.  Violations
   1. Convictions or Arrests
      1. Employees arrested or convicted for a substance abuse-related activity are required to report the arrest or conviction to the Administrator of Human Resources within forty-eight (48) hours or the next business day, whichever is greater, as outlined in District Policy DP374 – Employment Background Checks.
      2. The District will follow established reporting guidelines when notifying the Utah State Office of Education.
      3. Any arrest or conviction for substance abuse-related activity or failure to report an arrest or conviction will result in disciplinary action as outlined in District Policy DP374 – Employment Background Checks.
      4. The District will provide adequate due process for the employee as outlined in District policies DP316 NEG—Orderly Termination Procedures – Licensed; DP316A—Orderly Termination Procedures – Administrators; and DP316B—Orderly Termination Procedures - Education Support Professionals.
4. Discipline
   In the event an employee tests positive for unlawful controlled substances; tests positive for alcohol; refuses to submit to a drug or alcohol test; attempts to taint, avoid, delay or circumvent the testing process; is arrested (charged or convicted) on a alcohol or drug-related offense; or violates this policy in some other way, the District will initiate appropriate administrative and criminal investigations, and a confirmed violation of this policy may result in discipline up to and including termination of employment.
5. Employee Assistance
   1. An employee who feels he/she may have alcohol and/or drug dependency problem is encouraged to contact the District Employee Assistance Program (EAP).  Employees are responsible to seek assistance for substance abuse problems before policy infractions occur and disciplinary action is necessary.
   2. The District will provide an EAP at no cost designed to provide professional and confidential assistance to employees.
   3. Employees are encouraged to seek short-term help from the Jordan Family Education Center at no cost.
   4. The District will provide a reasonable accommodation to seek treatment for employees who voluntarily report dependency problems.  Employees needing extensive help from a licensed treatment facility (in-patient or out-patient) will incur all associated treatment costs.
   5. Once the substance abuse policy is violated, subsequent enrollment in a treatment program will not necessarily lessen disciplinary action and may have no bearing on the determination of appropriate disciplinary action.