4170A - SUBSTANCE ABUSE

West Clermont Local School District

Administrative Guidelines

4170A - SUBSTANCE ABUSE

Any classified staff member whose physical characteristics, appearance, behavior, or breath odor suggests to a supervisor that s/he may be under the influence of alcohol shall be requested to take a breathalyzer test at the local police station or local health facility. The classified staff member shall be taken to the station or local health facility by a supervisor.

Should the classified staff member refuse to take such a test or should the results of the test be positive, s/he shall be disciplined for conduct unbecoming a classified staff member by the Superintendent who shall recommend to the Board of Education the imposition, if any, of further penalties.

Should a supervisor determine from the physical aspects, appearance, or behavior of a classified staff member that s/he might be under the influence of other drugs, said classified staff member shall be immediately taken to a local health facility for further diagnosis. Should the classified staff member refuse or be found to be under the influence of drugs, s/he shall be disciplined by the Superintendent for conduct unbecoming a classified staff member, and his/her case immediately referred to the Board for disposition.

Rebuttable Presumption

Should a classified staff member sustain 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. Should the classified staff member test positive for alcohol or a controlled substance in an amount that exceeds the limits allowed under law or refuse to submit to a test for alcohol and/or other drugs after being given notice that such a refusal could affect the employee’s eligibility to receive workers’ compensation benefits, 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).

An alcohol or drug test is considered to be a qualifying chemical test for purposes of the Workers Compensation Act if it is administered to the employee after a work-related injury under at least one (1) of the following conditions:

A.	when the employee’s supervisor has reasonable cause to suspect (i.e., reasonable suspicion) that the employee may be intoxicated or under the influence of a controlled substance not prescribed by the employee’s physician

	Reasonable suspicion includes, but is not limited to, evidence that an employee is or was using alcohol or a controlled substance drawn from specific, objective facts and reasonable inferences drawn from these facts in light of experience and training, such as:

	1.	observable phenomena, such as direct observation of use, possession, or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as but not limited to slurred speech, dilated pupils, odor of alcohol or a controlled substance, changes in affect, or dynamic mood swings;

	2.	a pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance such as frequent absenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance, and does not appear to be attributable to other factors;

	3.	the identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a controlled substance;

	4.	a report of use of alcohol or a controlled substance provided by a reliable and credible source; or

	5.	repeated or flagrant violations of the safety or work rules of the employee’s employer, that are determined by the employee’s supervisor to pose a substantial risk of physical injury or property damage and that appear to be related to the use of alcohol or a controlled substance and that do not appear attributable to other factors.


	B.	at the request of a police officer pursuant to a traffic stop, and not at the request of the Board or

	C.	at the request of a licensed physician who is not employed by the Board, and not at the request of the Board

Laboratories certified by the United States Department of Health and Human Services or laboratories that meet or exceed the standards of that Department for laboratory certification must be used for processing the test results of such alcohol or drug test.