Campbell City School District
Bylaws & Policies
 

4160.01 - PRE-EMPLOYMENT MANDATORY DRUG-TEST

DRUG-FREE WORKPLACE

It is the policy of the Campbell City School District to establish and maintain a drug-free workplace. Drug abuse in the workplace is dangerous and can lead to harm not only to the person abusing drugs, but also to fellow employees, students, and the public. It is especially important that employees of the School District not abuse drugs in the workplace, because proper conduct is the expected norm of school employees, and any misconduct can potentially harm others and/or erode public confidence in the School District.

For these reasons, the Campbell City School District endeavors to provide all of its employees and students with a safe school and workplace. To accomplish this, with regard to substance abuse, the School District cannot condone and will not tolerate any of the following workplace-related behaviors by its employees. The

 A.use of illegal drugs;

 B.misuse of legal (prescription or over-the-counter) drugs;

 C.sale, purchase, transfer, use or possession of any illegal drugs, or prescription drugs obtained illegally; or

 D.arrival to work or return to work under the influence of any drug (legal or illegal) to the extent that job performance is affected.

PRE-EMPLOYMENT DRUG TESTING

As part of the School District’s employment procedures, all applicants shall be required to undergo a post-offer, pre-employment medical examination and a drug screening that is conducted by a contractor designated by the School District. Any offer of employment that an applicant receives from the School District is contingent upon, among other things, satisfactory completion of this examination and/or screening, and the determination by the School District and its examining physician that the applicant is capable of performing the responsibilities of the position that has been offered.

THE CONTROLLED SUBSTANCES TO BE TESTED FOR AND THE METHODS OF TESTING

The testing procedure will seek to identify the presence of the following controlled substances that may be present: (A negative initial screening test is considered a negative test.)

HAIR - 5 DRUG PANEL TEST

Drugs Tested For:

Hair – Screening Cutoff

Hair – Confirmation Cutoff

       

Amphetamines

10 ng/10mg

Amphetamines

5 ng/10mg

Cocaine/Methabolite

5 ng/10mg

Cocaine/Methabolite

5 ng/10mg

Opiates (Cod & Mor)

10 ng/10mg

Opiates (Cod & Mor)

5 ng/10mg

Phencyclidine

3 ng/10mg

Phencyclidine

5 ng/10mg

THC Metabolite

0.025ng/10mg

THC Metabolite

0.0005 ng/10mg

The Federal Department of Health and Human Services (DHHS) has established these detection thresholds consistent with available technology for each of the drugs listed above. These detection thresholds will be used uniformly in the interpretation of all drug test/drug screens for a post-offer, pre-employment examination.

The School District also expressly reserves the right to add or delete substances on the list set forth in Section III herein. These changes may be made if, in the School District’s discretion, they become warranted by the changing nature of abused substances; or if mandated by changes in existing Federal, State or local regulations or legislation.

SPECIMEN COLLECTION PROCEDURE

The drug testing for the School District shall be done by trained collection personnel, who meet quality assurance and chain-of-custody requirements for hair collection procedures, and strict confidentiality requirements as required by DHHS-certified laboratories with which the collection site coordinates the testing process.

Failure to appear for testing when scheduled shall be considered refusal to participate in testing, and will subject an applicant to the cancellation of an offer of employment.

Post-offer, Pre-employment Testing

At the time of an applicant’s first interview, the applicant will be notified by the School District that any offer of employment from the School District shall be contingent upon, among other things, satisfactory completion of a post-offer, pre-employment drug test and a determination by the School District and its examining physician that the applicant is capable of performing the responsibilities of the position that has been offered. At the time of an applicant’s initial interview, the School District shall provide the applicant with a copy of the School District’s Consent and Release Form for Applicants and Applicants (herein the "Consent Form"). The interviewer shall explain the Consent Form to the applicant and answer any questions the applicant may have regarding the Consent Form or the testing procedure. The applicant shall be given an opportunity to review the School District’s Drug Free Workplace Policy. The interviewer will then give the applicant an opportunity to ask any questions s/he may have concerning the Policy.

Applicants for employment shall be directed to an appropriate collection facility, or be notified when on-site testing shall take place. Drug testing must be undertaken as soon after notification as possible, but no late than forty-eight (48) hours after notice to the applicant.

Applicants shall be advised of the opportunity to submit medical documentation that may support a legitimate use for a specific drug and that such information will be illicitly using an otherwise legal drug.

The School District will decline to extend a final offer of employment to any applicant with a verified positive test result, and such applicant may not reapply to the School District for a period of six (6) months.

REVIEW OF TEST RESULTS

To ensure that every Applicant who is subjected to drug testing by the School District is treated in a fair and impartial manner, the School District has retained the services of a Medical Review Officer (herein "MRO"). The MRO is a medical doctor or a doctor of osteopathic medicine with knowledge of substance abuse disorders and is duly licensed to practice medicine. This professional will be able to determine whether there are any valid reasons for the presence in the Applicant’s system of the substance that was tested positive.

APPLICANT’S RIGHTS

In the event that an Applicant tests positive for any drugs as prohibited herein, the Applicant will be given an opportunity to explain the findings to the MRO prior to the issuance of a positive report to the School District. Accordingly, upon receipt of a positive finding, the MRO shall contact, or attempt to contact, the Applicant by telephone or in person. If contact is made by the MRO, said MRO shall inform the Applicant of the positive finding and give the Applicant an opportunity to rebut, or explain the findings. The MRO can request information on recent medical history and on medications taken within the last thirty (30) days by the Applicant. In the event that the MRO finds support in the explanation offered by the Applicant, said Applicant may be asked to provide documentary evidence to support the Applicant’s claim (i.e., names of treating physicians, pharmacies where prescriptions have been filled, etc.). A failure on the part of the Applicant to provide documentary evidence will result in the issuance of a positive report by the MRO with no attendant medical explanation. A medical disqualification of the Applicant will result. In those cases where appropriate documentary evidence is provided to the MRO by the Applicant, a positive report will be issued to the School District with an attached medical explanation. The MRO’s report will provide the School District with a suggested interval before retesting can be done. If the MRO’s report has an attached medical explanation, this time period may vary depending upon the medication and/or medical history of the individual. The Applicant will be considered medically disqualified until such time as a negative test result can be obtained. MRO’s reports with an attached medical explanation will not be taken to indicate any problem with substance use.

If the Applicant fails to contact the MRO within five (5) days of having been instructed to do so, the MRO will issue a positive report to the School District. Since no contact was possible with the Applicant, no medical explanation can be provided and the Applicant shall forego the right to offer a defense to the findings. A medical disqualification shall result subject to retest provisions set forth in the MRO’s report.

REPORTING OF RESULTS

All test results will be reported to the MRO prior to their issuance to the School District. The MRO will receive from the contractor or testing laboratory a detailed report of the findings of the specimen. Each drug tested for will be listed along with the results of the testing. The School District Superintendent will receive a summary report, which report will indicate that the Applicant has passed or failed the drug test.

STORAGE OF TEST RESULTS AND RIGHT TO REVIEW TEST RESULTS

To protect the confidentiality of the Applicant, all records of drug testing will be stored separate and apart from the Applicant’s general personnel documents. These records shall be maintained under lock and key at all times. Access to these records shall be limited to designated School District officials. The information contained in these files shall be utilized only to properly administer this Substance Use Policy and to provide to auditing or certifying agencies for review as may be required under Federal or State law. Those designated School District officials that shall have access to these records are charged with the responsibility of maintaining the confidentiality of these records. Any breach of confidentiality with regard to said records may be a terminable offense. Any Applicant tested under this policy has the right to review and/or receive a copy of their test results. An Applicant may request from the designated School District official, in writing, with a duly notarized Applicant Request for Release of Drug Test Results Form, requesting that a copy of their test be provided to them. The School District will use its best efforts to promptly comply with this request and will issue to the Applicant a copy of the results personally or by United States Certified Mail, Return Receipt Requested.

Adopted 11/18/03