The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

3124 - DRUG-FREE WORKPLACE

The purpose of this policy is to:

 A.promote a healthy, safe working environment;

 B.seek the rehabilitation of permanent employees with a self-admitted or detected substance abuse problem;

 C.eliminate substance abuse problems in the workplace;

 D.provide a consistent model of substance-free behavior for students;

 E.provide a clear standard of conduct for District employees;

 F.communicate that persons who violate the standards of conduct cited in this policy and who refuse or cannot be assisted by rehabilitation or who have negatively impacted students and/or staff shall be dismissed; and

 G.hire drug-free employees.

Illegal Drugs

 A.Employees on duty or on Board property shall not manufacture, distribute, dispense, possess or use illegal drugs, or be under the influence of such drugs.

 B.Employees on or off duty shall not influence students to use illegal drugs or abuse legal drugs.

 C.Employees convicted, adjudicated guilty, or who have entered a plea of guilty for any criminal drug statute violation occurring in the workplace shall notify the District within forty-eight (48) hours after final judgment.

One time only, prior to testing, the District shall provide all job applicants and part-time employees transitioning to full-time employment a written statement of its policy on a drug-free workplace.

Alcohol and Prescription Drugs

 A.Employees on duty or on Board property shall not be under the influence of alcohol. Employees in safety sensitive positions, will be free of measurable alcohol concentrations. Safety sensitive positions are defined in the Drug-Free Workplace Technical Guide, incorporated by reference into this rule. Employees shall not manufacture or use alcoholic beverages while on Board property or on duty.

 B.Employees on duty shall not use or take prescription drugs above the level recommended by the prescribing physician on use prescribed drugs for purposes other than what the prescribed drugs were intended. In addition, the employee shall not distribute or dispense such drugs, except as provided in Policy 5330.

Pre-Employment Drug Screening

 A.The District shall require pre-employment drug screening of applicants according to the Drug-Free Workplace Technical Guide.

 B.Applicants will be referred to Board approved, independent, certified laboratories using recognized techniques and procedures, as described in the Drug-Free Workplace Technical Guide.

 C.Specimens collected shall not be used to conduct any other analysis or test unless otherwise authorized by law.

 D.The validity period for pre-employment drug screening is one (1) year.

 E.Applicants will be informed in advance of the requirement of a negative drug screen as a condition of employment. Applicants testing positive will not be eligible for employment for three (3) years from the date of the test. Applicants for designated positions will be informed of the requirement for a random drug screening test, without prior notification, after employment, under existing labor contracts, statutes, OTETA, and Board policies.

Employee Physical Examinations/Screening/Health Services

 A.Drug screening shall be included in all physical examinations; current employees and contracted persons in covered positions will be screened under the Omnibus Transportation Employee Testing Act of 1991 (OTETA), and as required under existing labor contracts, statutes, State Board rules, and Board policies.

 B.Circumstances under which testing may be considered include, but are not limited to, the following:

  1.observed use of illegal drugs and/or abuse of alcohol during work hours;

  2.apparent physical state of impairment of motor functions;

  3.marked changes in personal behavior on the job not attributable to other factors;

  4.employee involvement in serious or repetitive accidents on the job causing personal injury to self or others and/or significant property damage;

  5.employee involvement in an accident requiring the vehicle to be towed or medical treatment away from the scene of the accident; and

  6.any vehicular fatality.

 C.Drug and/or alcohol screening shall be conducted by Board approved, independent, certified laboratories using recognized techniques and procedures as described in the Drug-Free Workplace Technical Guide. The Technical Guide shall be located in the Board Office, Citizen Information Center, and the Office of the Board Clerk.

 D.Medical records and related information shall be maintained in strict confidentiality, with the highest regard for employee privacy consistent with Florida's Public Records laws and the purpose of achieving and maintaining a drug-free workplace. Any laboratory contract shall provide that the contractor's records are to be kept confidential. The District shall establish a system of maintaining records to include both the District's and the contractor's record of applicant and employee urinalysis and blood alcohol results.

 E.Chemical dependency is an illness that can be successfully treated and where possible, the District will seek rehabilitation of permanent employees with a self-admitted or detected drug problem.

Disciplinary Sanctions

Employees who violate these standards of conduct and who the Board determines will not be assisted by rehabilitation or who have negatively impacted students and/or staff shall be dismissed. A refusal to submit to a drug test or a second violation of this policy shall constitute an inability to be assisted by rehabilitation. Nothing precludes the Board from seeking criminal prosecution for violation of this policy where the Board deems appropriate.

F.S. 440.101, 440.102
20 U.S.C. 3224A
20 U.S.C. Omnibus Transportation Testing Act of 1991
20 U.S.C. 701-706 Rehabilitative Act 1973
20 U.S.C. 86-201
20 U.S.C. 3171 et seq.
29 U.S.C. 705(2), 794, 794a
34 C.F.R. Parts 85, 86, 104
34 C.F.R. 34-86.201
41 U.S.C. 701 et seq., Drug-Free Workplace Act of 1988
Vocation Rehabilitation Act of 1973
Drug-Free Schools and Communities Act of 1986