Drug and alcohol abuse in the workplace is dangerous and can be harmful. It is the policy of the Clermont Northeastern Local Board of Education ("Board of Education") to establish a drug and alcohol free workplace. In accordance with that philosophy, the Board of Education will sponsor Alcohol and Drug Awareness Training to minimize the possible application of the language contained in this provision and to encourage employees to utilize the Employee Assistance Program.

Workplace is defined to mean the site for the performance of work done in connection with employment. The workplace includes any school building, school property, school-owned vehicles or school-approved vehicle used to transport students to and from school or school-related activities; off school property during school-sponsored or school-related activity, event or function, such a field trips or athletic events where students are under the jurisdiction of the Board.

This policy shall be adopted and applied equally to all members of the Board, to all administrative employees and to all other employees who are not a member of a recognized collective bargaining unit (hereafter collectively referred to as "employee"). This policy is not intended to, and shall not, apply to any employee who is a member of a recognized collective bargaining unit, unless otherwise negotiated.

If an employee voluntarily requests counseling or assistance before the Board learns of the employee’s substance abuse problem (through a positive test result or otherwise), the employee’s job security or promotion opportunities will not be jeopardized by his/her request for counseling or referral assistance. An employee may not avoid the consequences of a positive test by requesting counseling or assistance for a substance abuse problem after being instructed to submit to a drug test.

Employees may be tested for alcohol, any other intoxicant, any illegal drug or illegal use of prescription drugs where there is evidence to believe that the employee may be abusing drugs, including prescription drugs, or alcohol in the workplace. This determination must be made by the Superintendent or his/her designee and must be based upon an investigation that includes observable indications of behavior, demeanor, speech, appearance, breath, body odors or job performance. The administration shall not ask an employee to submit to a test based upon an anonymous, unsubstantiated complaint.

As it relates to alcohol, marijuana or improperly-used prescription drugs, tests will be authorized only if the required observations are made in the workplace. Illegal drugs not otherwise listed are not subject to the workplace limitation. The expense of tests shall be paid by the Board and shall be conducted by a laboratory which meets the Mandatory Guidelines for Federal Workplace Drug Testing Programs and is listed on the Federal Register.

In the case of a positive test result, the employee will be advised by the appropriate representative from the laboratory conducting the test, on a confidential basis, prior to the results being reported to the employer. The employee will have the right to discuss and explain the results, including the right to advise the laboratory representative of any medication prescribed by his/her own physician which may have affected the results of the test.

An employee who tests positive will have the right to have the secured portion of his/her urine, blood or hair sample independently retested by a laboratory that meets the standards recognized by the U.S. Department of Health and Human Services.

Any employee who has a positive test shall be referred to and satisfactorily complete a drug/alcohol rehabilitation and intervention program. Rehabilitation and intervention shall be at the employee’s expenses, except as may be covered by applicable group health plan terms, sick leave policies, and other leaves of absence policies. The employee shall not return to his/her employment assignment until intervention or treatment as deemed necessary by a physician is certified to the Superintendent. Should the employee fail to comply, s/he waives all rights under the applicable statutes and may be subject to disciplinary action.

Any employee who has a second positive test shall be suspended for one (1) to five (5) days unpaid and shall be referred to and satisfactorily complete a drug/alcohol rehabilitation and intervention program. Rehabilitation and intervention shall be at the employee’s expenses, except as may be covered by applicable group health plan terms, sick leave policies, and other leaves of absence policies. The employee shall not return to his/her employment assignment until intervention or treatment as deemed necessary by a physician is certified to the Superintendent. Should the employee fail to comply, s/he waives all rights under the applicable statutes and may be subject to disciplinary action.

Any employee who has a third positive test shall be subject to immediate termination.

Any employee who admits, pleads guilty or no contest to, or is convicted of a drug related offense shall be subject to immediate termination.

Any employee who pleads guilty, or is convicted in any court of law for an alcohol or drug abuse offense which is a felony, or is a misdemeanor resulting in withdrawal or proper certification/licensure, shall waive all rights under all applicable statutes; and the Board shall take disciplinary action as necessary.

If an employee sustains a workplace injury while s/he is under the influence of alcohol or a controlled substance not prescribed by his/her physician, s/he may be disqualified for compensation and benefits under the Workers’ Compensation Act. If the employee tests positive or refuses to submit to a test for alcohol and/or other drugs after sustaining a workplace injury, the employee may dispute or prove untrue the presumption or belief that alcohol and/or other drugs are the proximate cause of the injury (i.e., rebuttable presumption). The Board directs the Superintendent to establish guidelines and post a notice advising employees that the results of, or the employees refusal to submit to an alcohol or other drug test may affect an employee's right to receive workers’ compensation benefits.

The Board may require all potential new hires to submit to a pre-employment drug test, which shall be at the sole cost of the Board. Any candidate for employment who test positive shall be immediately disqualified for employment with the Board except in the case where the positive test is for an authorized prescription drug and the potential employee has a valid prescription.

Adopted 4/20/05