GBECA - LRSD Board Policy

Published by jackbgarvey on Fri, 04/10/2015 - 17:09

Little Rock School District - NEPN Code: GBECA

 

DRUG TESTING PROGRAM

The Little Rock School District (LRSD) is committed to providing a drug free work environment for the safety of students and employees.  The safety and security of the Little Rock School District’s students will always be a priority.  The untimely use of drugs or alcohol is capable of threatening the safety of our students and will not be tolerated.  The possession, use, transfer, or sale of any illegal drug is strictly prohibited.  Being under the influence of alcohol while on duty also is strictly prohibited.

I.  Scope of Program

1.  All LRSD employees are subject to probable cause or reasonable suspicion drug testing.
2.  All LRSD employees will be subject to the provisions of the Little Rock School Districts Drug Testing Program.  In addition to this program, all LRSD transportation department employees will be subject to applicable United States Department of Transportation regulations.
3.  All employees who drive a vehicle owned or leased by the Little Rock School District will pass pre-employment as required in U.S. Department of Transportation (Federal Highway Administration, 49 C.F.R. Part 382.301).
4. All employees injured on the job are subject to post-accident drug testing
where there is some reason to suspect that drugs or alcohol are involved.
(Reasonable suspicion defined in Section V. Part A)

II.  Definitions

A. “Abuse and/or untimely use of alcohol"
Having an alcohol concentration in the blood or breath of 0.02% or greater; or having an alcohol concentration in the blood or breath in any amount or degree that impairs an employee’s ability to safely, properly and effectively perform his or her assigned duties.
B. Drug
Any substance (other than alcohol) that has known mind or function altering effects on a human subject, including any psychoactive or controlled substances.
C. Controlled Substance
Has the meaning assigned by Arkansas Criminal Statute 5-64-101 and Department of Transportation regulations as they may be revised.
D. "Abuse and/or untimely use of controlled substances and/or drugs"
Testing positive for the presence of any controlled substances in body in any
amount or degree; or
Any employees who tests positive for alcohol or controlled substances as outlined
in the Omnibus Transportation Employee Test Act of 1991.
D.  Drug Screener/Collector
The person responsible for collection of specimens under this program.
E. Drug Program Coordinator (DPC)
This is the person responsible for administration of this program.
F. National Institute on Drug Abuse (NIDA)

H.  On Duty

The time beginning when an employee reports for work until the employee finishes work and leaves District property (including any rest and lunch breaks) or is traveling on LRSD business.
I.  Reasonable Suspicion:
As used herein, will include, but not be limited to the following:
1.    Observation by a supervisor of an on-duty employee behaving in a manner which gives reason to suspect the employee is under the influence of alcohol or drugs (i.e. slurred speech, smell of alcohol, abnormal actions, irrational behavior);
2.   Any employee who apparently caused or contributed to an on-the-job accident, including acts of commission as well as omission.
  3.   Arrest of an employee for any alcohol or drug related crime.
J.  Specimen
A urine sample in the amount required for testing under Department of Transportation Procedures for Transportation Work Place Drug and Alcohol Testing, part 40.
K.   At Fault
The person who is responsible for or who caused the accident. Fault may be determined by law enforcement and/or LRSD investigation.
L   Medical Review Officer (MRO)
A licensed physician who had knowledge of substance abuse and has appropriate medical training to interpret and evaluate positive and suspicious negative drug test results.
M. Breath Alcohol Technician (BAT)
N. Department of Transportation (DOT)
An agency of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing (14CFR parts 61, 63, 65, 121 and 135: CFR parts 199, 219, 382, 653, and 654, in accordance with part 40 of this title.

III. Pre-employment/Job Applicant Testing

A.  All applicants for jobs who fall under the scope of this program will be required to undergo drug and/or alcohol tests prior to their employment, and conform to Little Rock School District's Drug Testing Program.
B.   Applicants will be informed in writing prior to any drug and/or alcohol test that such tests are required and that their employment is conditioned upon passing such tests. Applicants will be informed of the District's Drug Testing Program, and a copy of the program will be made available upon request.
C.  If an applicant's initial drug or alcohol test is positive for alcohol or illegal drugs, the applicant will not be employed.
D.  On written request by the applicant, a copy of the confirmation test will be supplied to the applicant.

IV. Random Employee Testing

A. To maintain the District’s priority of assuring the safety, health and well-being of students, LRSD retains the right to randomly test for alcohol and illegal drugs all District security officers and District employees who drive a vehicle or operate heavy machinery owned or leased by the Little Rock School District in accordance with Department of Transportation testing guidelines.
B.  Employees randomly selected will proceed immediately after notification to the collection site.
C.  Each employee selected for random testing will be assured that his or her selection does not mean that LRSD suspects usage of alcohol or illegal drugs. The process by which employees will be selected for random testing is as follows:
All employees subject to this program will be assigned a code number by the
Testing Laboratory.
The Testing Laboratory will assign each employee a code number monthly. During the random selection, each employee will have an equal chance of being selected.
When the employee's number corresponds with the code number for the month in
which tests are being conducted, the employee will be tested. Because each
employee is assigned a different number each month, employees are subject to
multiple selections for screening during the year.
If the employee's confirmation test is positive for abuse and/or untimely use of
alcohol or abuse and/or untimely use of controlled substances and/or drugs, he or
she will be terminated.

V.        Employee Testing for Cause (reasonable suspicion)

A.  Any LRSD employee who is guilty of abuse and/or untimely use of alcohol or controlled substance may be required to undergo a drug and/or alcohol test.  Reasonable suspicion may be based, among other things, on an employee’s observed behavior, which is indicative of drug or alcohol use, reports from a reliable source of suspected drug use or possession, or the employee’s admission of possession or use of drugs and/or alcohol.
B. The administrator will follow the following process in cases where there is reasonable suspicion that an employee has abused alcohol or controlled substances.
1. Solicit an explanation from the employee for any behavior, which creates a reasonable suspicion of a violation of this program.
2.  If the employee cannot satisfactorily explain the behavior, the supervisor may request that the employee undergo drug and alcohol tests.
3.  If the employee agrees to be tested, he or she will complete the waiver form and a
specimen will be obtained.
4.  If an employee is to be tested for drugs and alcohol, the employee will be taken to
the testing site by the Safety and Security Department or immediate supervisor if Safety and Security is not available for transport.
5.  After testing, arrangements will be made to transport the employee home or back to work depending on the outcome of the tests.
6.  If the tests are negative for alcohol or controlled substance, the employee will be transported back to his or her work assignment.
7.  If the test is positive, or undetermined for alcohol or controlled substances, arrangements will be made to transport the employee home.  
8.  If the employee refuses to undergo all required tests or refuses to complete the Waiver Form, he or she will be advised that such refusal constitutes a ground for immediate termination.  If the employee still refuses to cooperate, he or she will be relieved of duty pending appropriate disciplinary action.
9.  If the employee confirmation test is positive for abuse and/or untimely use of alcohol or controlled substances and or drugs, he or she will be recommended for termination.
10.  If the employee is found not to have violated this program and is otherwise
medically fit for duty, the employee will be returned to duty.

VI.      Procedures During Collection

A. To ensure that a chain of custody and specimen control is maintained, the collection of urine specimens will proceed as follows:
1.  Upon employee's arrival at the collection site, the collector will require the
employee to present photo identification or other similar official identification. If the employee does not have proper identification, the employee will not be tested. The collector will notify the Drug Program Coordinator (DPC) immediately. The DPC will then contact the employee's immediate supervisor. A supervisor at the testing site can verify the employee's identification, if necessary.
2.  The employee will be required to complete an information form which serves as an identification document for the specimen collected.
3.  If an employee is suspected of attempting to dilute or adulterate a drug sample, the district may request the drug specimen be collected under direct observation.  The employee will be informed why direct observation is requested. The collector will be the same gender of the employee.
4.  The employee will be required to remove any unnecessary outer garments and to
leave outside the collection area any purses, briefcases, or similar items.
5.  The employee will be required to wash and dry his or her hands before the test is
administered. The employee will then remain in the presence of the collector and
not have access to water fountains, faucets, soap dispensers, cleaning agents or any other material, which could be used to adulterate the specimen.
6.  To deter the dilution of specimens at the collection site, toilet-bluing agents may be placed in the toilet bowl. There should not be any other active source of water (e.g. shower, sink, etc.) in the enclosure where the sample is taken.
7.  Any transfer of the specimen from the collection container to another specimen
bottle will be observed by the donor.
8.  No information will be released concerning the collection of the specimen unless it is in accordance with this policy.
9.  Any employee covered under the Random Employee Testing, Section IV or
Employee Testing for Cause, Section V will be required to submit to a
drug/alcohol test before being relieved of duty. Employees covered under these
two sections who do not produce an adequate specimen will be in violation of
Drug Testing Policy as stated in Section X, Failure of Employee to Provide
Specimen.
10.  Immediately after collection, the collector will measure the temperature of the
specimen (avoiding cross contamination of specimen) and inspect the specimen for signs of contaminants. Any unusual findings resulting from the inspection will be noted on the chain of custody form. The time from when the specimen is collected to delivery of the sample for temperature measurements is critical and in no case will exceed four (4) minutes. The individual giving the specimen will be asked to observe the reading of the temperature and the recording of the reading on the control form. He or she may then be asked to initial in the proper block on the chain of custody form. If the temperature of the specimen is outside the range of 32.5-37.7 degrees C/90.5-99.8 degrees F., another specimen will be collected, under direct observation, and both specimens forwarded to the laboratory. Any specimen suspected to be adulterated will be forwarded for testing. Direct observation will be initiated in any case of suspected adulteration of urine sample.
11.  Both the employee being tested and the collector should keep the specimen in view at all times until it has been packaged and sealed for shipment. If the specimen is transferred to a second container, the collector will request the individual to observe the transfer of the specimen and the placement of the tamper-proof seal over the bottle cap and down the sides of the bottle.
12. The identification label should contain the date of collection, name of collection
official, and required identifying information. The individual will initial the label
on the specimen bottle, using initials corresponding with the name on the chain of
custody form.
13. The individual will be asked to read and sign a certification statement certifying
that the urine in the bottle came from his or her body at the time of collection.
Refusal to sign this statement will be noted on the certification statement form by
the collector. Refusal to sign this statement, without justification, will result in
disciplinary action.
14. The collector will complete the chain of custody form for the collection process.
15. All procedures will be conducted in a detached and objective manner.
16. In the event a specimen is collected by the DPC, the specimen and chain of custody form with certification statement will be shipped immediately to the contractor laboratory. Reasonable suspicion specimens will be shipped, in all cases, to the testing laboratory the same day of collection.

VII.     Failure of Employee to Report to Designated Collection

A.  Upon notification by the DPC that an employee has failed to appear for a scheduled collection, the supervisor will discuss with the employee the reason(s) for failing to appear.  If the employee provided a legitimate reason for failing to report, no disciplinary action will be taken.  The employee will be rescheduled for a drug and/or alcohol test.
B.  If the employee fails to report for a drug test and cannot give a legitimate reason, the supervisor will document the failure in writing and the employee will be recommended for termination.

VIII.    Employees Refusal to Provide Specimen at the Collection Site

A.  In the event an employee refuses to provide a specimen, the following procedures will apply.
1. The DPC and the Administrator of the employee’s school/ department will be contacted.
2. The employee will be advised by the Administrator of the school/department, or his or her representative, that refusal to provide a specimen will result in a recommendation for termination.
3. The Administrator of the school/department will initiate appropriate disciplinary action against an employee if the employee still refuses to provide a specimen.

IX.      Employee Fails to Provide Specimen at Collection Site

A. This section sets forth the procedures to follow if an employee fails to provide an  
        adequate urine sample for controlled substance testing, without a genuine inability to
       provide a specimen, after receiving notice of the requirement for urine testing.
B.  The collection site person will instruct the employee to remain at the collection site, drink water or other appropriate liquid until the employee is able to provide a specimen.  The time of each attempt and the amount of urine provided will be documented by the collection site person.
C.  If the employee attempts a second time and still cannot provide an adequate urine sample, the DPC and the employee's supervisor will be notified. They will meet with the employee and determine if the employee has a legitimate (non-medical) reason for not providing a specimen.
D.  If the reason is legitimate and non-medical, the employee will be given a twenty-four hour period in which to return to the collection site and provide a specimen. The employee will notify his or her immediate supervisor when he or she is en route to the collection site. The supervisor will meet the employee at the collection site.
E.  If after returning to the collection site, the employee is still unable to provide an adequate sample for testing, the employee will be considered to have refused to provide a specimen and the Director/Principal of the department will initiate appropriate disciplinary action, up to and including recommendation for termination, against an employee.
F. If the employee has a medical reason for failure to provide an adequate sample, a licensed physician, who is acceptable to the employer, will evaluate the employee as soon as practical and an alternate means of conducting the drug screen will be determined.
G.  At no time during the waiting period for a specimen will an employee be allowed to perform safety sensitive functions.

X. Employee Fails to Provide Adequate Breath at Collection Site

A. This section sets forth procedures to be followed in case an employee is unable, or alleges that he or she is unable, to provide an amount of breath sufficient to permit a breath.
B. The employee will be instructed again to provide an adequate amount of breath.  If this attempt fails, the Breath Alcohol Technician will make a note of the time of occurrence and contact the DPC (Drug Program Coordinator).  Employees not under DOT (Department of Transportation) regulations may be required to give a urine or blood sample for testing.  If the employee being drug tested is under DOT Rules and Regulations and is unable to provide a sufficient amount of breath for an alcohol test Section 40.265 of the Alcohol Testing Program of the Department of Transportation will be enforced and followed.  The employee under DOT regulation will be referred to Occupational Health Services, 1st floor of the Arkansas Baptist Health Rehabilitation Institute, 9501 Lile Drive, Little Rock, AR., for medical evaluation.
C.  If the employee refuses a blood alcohol test, the Director/Principal of the department will initiate a recommendation for termination, against the employee.


XI.      Right of Refusal

All applicants and employees have the right to refuse to undergo drug testing. Applicants who refuse to undergo such testing will be denied employment. Employees who refuse to undergo such testing will be recommended terminated.

XII.     Test Results

A.  Employees who are tested for alcohol, marijuana, cocaine, amphetamines, morphine,
heroin, and phencyclidine (PCP) may be provided with test results within 24 hours after notification from the drug testing laboratory on a negative drug and alcohol test.  The employee may be provided results for a positive drug and alcohol test 48 hours after the District has obtained the results from the drug testing laboratory.
B.  The DPC will inform the designated school/ department administrator of the test results in all cases. At no time will anyone other than the DPC or his/her designee contact the Testing Laboratory for any information regarding a drug test.
C.  Applicants, whose test results are positive, will be notified by the Medical Review Officer (MRO), informing the employee of which controlled substance(s) were verified as positive. The written test results may be provided to the applicants, if the applicants submit a written request within 60 calendar days of notification.
D.  Employees whose test results are positive will be contact by the Medical Review Officer (MRO), informing the employee of whom controlled substance(s) were verified as positive. The employee will have an opportunity to explain to the MRO the reasons for a positive screening. Written results of the positive test results may be provided to the employee if the employee submits a written request within 5 working days of their notification.
E.  In the event the MRO is unable to contact an applicant or employee, the DPC will  be
contacted to assist the MRO. The DPC will make reasonable efforts to contact and
request each person tested, regardless of employment status, to contact and discuss the
results of the controlled substance test with the Medical Review Officer.
F.  The DPC will notify the MRO that the security officer has been notified to contact the
MRO within twenty-four (24) hours.

XIII.   Employee Notification

All covered employees and job applicants will be advised of the Little Rock School District Drug Testing Program. Notice of the program will be posted on employee bulletin boards and copies of the program will be conveniently available for job applicants and employees to review.

XIV.   Employee Appeal

A.  Any employee may appeal his or her discharge or other disciplinary action taken under this policy to the extent and in the manner, such appeal is authorized by Board policy or
appropriate law.
B.  All appeals will be forwarded to the Human Resources Office for review.
C.  If the employee requests a second confirmation test, a split sample maintained by the
testing facility will be forwarded to a Department of Transportation (DOT) / Department of Health and Human Services (DHHS) certified laboratory at the employee's own expense for the second confirmation test.

XV.     Testing Time for Employee

A.  All employees who are subject to drug and/or alcohol testing will be allowed to take the test on work time when possible. Job applicants will receive no compensation for testing.
B.  After hours, weekends, and holiday drug screening of employees will be conducted by the emergency room staff at the test laboratory. The DPC will be notified as soon as
practical and will provide a copy of the screening the next workday.

XVI. Self-Referral Substance Abuse Option

Employees who voluntarily advise LRSD of an alcohol, narcotic, or substance abuse problem prior to being selected or identified for testing for alcohol and illegal drugs will be eligible for a leave of absence without pay or benefits for the purpose of treatment and rehabilitation for a period not to exceed six (6) months. Upon completion of the leave, LRSD may require the employee to provide certification that he or she is capable of performing his or her duties and is free from the effects of his or her prior drug or alcohol use. Return to service is conditioned on the employee being willing to submit to monthly drug testing for one calendar year, in addition to other tests required by the LRSD Drug Testing Program. Should such employee test positive during a one-year period, recommendation for immediate termination will result.

XVII. Confidentiality

A.  LRSD recognizes the legal need for strict confidentiality as it relates to test results.  Confidentiality applies to all information relating to the employee drug testing, results, and/or treatment, and no person, other than necessary management, will have access to
drug testing results.
B.  An employee may waive the confidentiality of the drug test.  To waive confidentiality of the drug-screening test the employee must give a written letter of authorization to the LRSD.

XVIII. Record Maintenance

A.  It will be the responsibility of the Drug Program Coordinator (DPC) to see that all drug and/or alcohol test records generated by the Safety and Security Department are properly stored.
B.  Records resulting from the testing of LRSD employees for drug and/or alcohol abuse (e.g., chain of custody form, negative test results, confirmed positive test result, waiver forms, etc.) will be maintained by the Drug Program Coordinator.

XIX. Responsibility

It will be the responsibility of the Safety and Security Department to administer the Drug/Alcohol Test Program for the Little Rock School District.

XX. Job Description

A. Drug Screener/Collector
The LRSD will select a laboratory with the necessary experience, knowledge and background to do the drug testing.  The laboratory will be certified by the United States Department of Health and Human Services and will be equipped to meet the requirements of the LRSD Drug Test Program and the standards required by the DOT and the ADE.
A.  Drug Program Coordinator (DPC)
The DPC will have training in Drug and Alcohol Abuse, have 3-5 years of experience in dealing with substance abuse individuals, having received training in on-site (field testing) for controlled substances, and knowledge of federal and state laws pertaining to illegal controlled substances, a proven background in the proper handling of evidence. The DPC will have documentation in his or her personnel file to above qualifications. The DPC will coordinate the drug/alcohol program with LRSD. All information and documents required to be submitted to the DPC will be accomplished during normal working hours. The DPC will be notified immediately of all persons, other than random drug screening, directed to report or transported to the testing laboratory. A hard copy follow-up will be forwarded within twenty-hour hours. 

 


Revised:  November 20, 2014
Adopted: March 15, 2012