Adapted from
Copyright © by Eberharter-Maki&Tappen, PA
It is the intent of the board of trustees of this district to promote an alcohol and drug-free workplace, thereby enhancing workplace safety and increased productivity. Chapter 17, Title 72, Idaho Code, allows employers, including school districts, to adopt policies to test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures are in compliance with 42 U.S.C. 12101.
It is the policy of this district to require drug/alcohol testing of any employee reasonably suspected to be under the influence of illegal drugs and/or alcohol while on duty. Illegal drugs include any controlled substances as defined by Idaho Code Section 37-2701, any other substance which is used to alter or change the individual’s mood, and anabolic steroids. Alcohol includes any alcoholic beverage as defined by Idaho Code Sections 23-105 and 23-1001.
REASONABLE SUSPICION TESTING
Whenever the superintendent or designee reasonably suspects that an employee’s work performance or on-the-job behavior may have been affected in any way by the use of illegal drugs or alcohol or that an employee has otherwise violated the district’s Employee Drug and Alcohol Use policy 403, the employee may be required to undergo drug and/or alcohol testing. The circumstances under which reasonable suspicion testing may be considered are strictly limited to employee conduct on duty or during work hours, on district property, or at district-approved or school-related functions.
Reasonable suspicion is defined as a good faith suspicion, based on objective facts, which is sufficient for a prudent person to conclude that the employee is using and/or appears to be presently under the influence of alcohol and/or drugs. Factors which may be considered in determining that a reasonable suspicion exists include, but are not limited to, the following:
1. Observed use, possession, or sale of illegal drugs/alcohol or the illegal use or sale of prescription drugs.
2. Marked decrease in work productivity, either in quantity or quality, not reasonably attributable to other causes.
3. Apparent impairment of psychomotor functions, reasoning, judgment or concentration not reasonably attributable
to other causes.
4. Erratic or marked changes in behavior not reasonably attributable to other causes.
5. Involvement in an accident or deviations from safe working practices, whether the incident involves actual or potential
injury to person(s) or property.
The superintendent or designee may rely on report(s) from persons who report suspected drug or alcohol use by an employee if the individual is determined to be specifically reliable and has based such reports upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.
REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING
The superintendent or designee shall designate entities to provide the collection and testing services necessary to implement this policy. Prior to such designation, the entities must demonstrate a thorough understanding of, and compliance with, the testing requirements and procedures as set forth in 42 U.S.C. 12101.
The entity which collects the samples may be a medical facility or laboratory. A trained individual will explain the drug and/or alcohol screening procedure to the employee, obtain authorization for the testing, assist the employee in completing any necessary forms, and monitor the sample collection, documentation, and storage for transportation. All employees subject to testing are required to sign any documents necessary to authorize the testing and disclose information to the Medical Review Officer and the superintendent or designee. The collection site will notify the superintendent or designee if the employee refused to be tested, alters or attempts to alter the sample, or otherwise obstructs the collection of the sample.
The laboratory will be responsible for proper handling of samples and performing the required drug test, including, preparation for testing, chain of custody, security, privacy, integrity, and identify of specimen, specimen retention, and any necessary transportation to a laboratory, in accordance with applicable Federal Department of Transportation (DOT) Procedures for Transportation Workplace Testing Programs, 49 CFR, Part 40, which are incorporated herein by reference, and this policy. The laboratory must be a Substance Abuse and Mental Health Services Administration (SAMHSA) certified lab approved for DOT drug testing.
Further, the superintendent or designee is responsible for ensuring that all procedures for collection and testing comply with the following requirements:
1. The collection of samples shall be performed under reasonable and sanitary conditions;
2. The individual employed by the collection site or laboratory who is responsible for collecting the sample will be
instructed as to the proper methods of collection;
3. Samples shall be collected and tested with due regard to the privacy of the individual being tested and in a manner
reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;
4. Sample collection shall be documented and the documentation procedure shall include: a) labeling of samples so
as to reasonably preclude the possibility of misidentification of the person tested in relation to the test result provided;
and b) handling of samples in accordance with reasonable chain-of-custody and confidentiality procedures;
5. Sample collection, storage, and transportation to the testing laboratory shall be performed so as to reasonably
preclude the possibility of sample contamination and/or adulteration;
6. Sample testing shall conform to scientifically accepted analytical methods and procedures;
7. Drug testing shall include a confirmatory test before the result of any test is used as a basis for disciplinary action
by the district. A confirmatory test refers to the mandatory second or additional test of the same sample that is
conducted by a laboratory utilizing a chromatographic technique such as gas chromatography-mass spectrometry
or another comparable reliable analytical method;
8. Positive alcohol tests resulting from the use of an initial screen saliva test must include a confirmatory test that
utilizes a different testing methodology meant to demonstrate a higher degree of reliability, such as a gas
chromatography test. The test will be considered positive if the BAC results are .04 or more.
9. Positive alcohol tests resulting from the use of a breath test must include a confirmatory breath test conducted no
earlier than fifteen (15) minutes after the initial test; or the use of any other confirmatory test meant to demonstrate
a higher degree of reliability, such as a gas chromatography test. The test will be considered positive if the BAC
results are .04 or more.
DESIGNATION OF MEDICAL REVIEW OFFICER
The superintendent or designee shall designate a Medical Review Officer (MRO). The MRO is responsible for reviewing the results of drug tests before they are reported to the superintendent; reviewing and interpreting each confirmed positive test to determine if there is an alternative medical explanation for the positive test; conducting interview(s) with the individual testing positive; reviewing the individual’s medical history and available medical records to determine if the positive result was caused by legally prescribed medication; requiring a retest of the original specimen if the MRO deems it necessary; and verifying that the laboratory report and the specimen are correct. The MRO is expected to follow the Medical Review Officer Manual published by the U.S. Department of Health and Human Services for tests conducted under this Policy.
If the MRO determines that a particular test is scientifically insufficient or there is a legitimate medical explanation for the positive test other than the use of a prohibited drug, the MRO will conclude that the test is negative and will not take any further action. If the MRO determines that there is no legitimate explanation for the positive test other than the use of a prohibited drug, the MRO will communicate the test results as positive to the superintendent or designee. All negative tests will also be communicated by the MRO to the superintendent or designee.
RIGHT TO EXPLAIN POSITIVE TEST RESULT AND REQUEST RETEST
Any employee who tests positive for drugs or alcohol must be given written notice of that test result, specifically identifying the substance for which he/she tested positive. The employee must be given an opportunity to discuss and explain the positive test result with a medical review officer.
Any employee who has a positive test result may request that the same sample be retested by a mutually agreed upon laboratory. A request for retest must be made within seven (7) working days from the date of the first confirmed positive test notification and will be paid for by the employee requesting the test. If the retest results are negative, the district will reimburse the cost of the retest and compensate the employee for lost pay, if suspended without pay. If terminated solely because of the positive test, the employee shall be reinstated with back pay.
VIOLATIONS OF THIS POLICY
An employee is in violation of this policy, and will be subject to disciplinary actions, under the following circumstances:
1. The employee tests positive for illegal drugs, and the positive test is confirmed;
2. The employee tests positive for alcohol, as indicated by a test result of not less than .04 blood alcohol content
(BAC), and the positive test is confirmed;
3. The employee refuses to provide a sample for testing;
4. The employee alters or attempts to alter a test sample by adding a foreign substance for the purpose of making
the sample more difficult to analyze;
5. The employee submits a sample that is not his or her own; or
6. The employee otherwise attempts to obstruct the testing process.
DISCIPLINARY OR REHABILITATIVE ACTIONS
If the district determines that an employee has violated this policy, the district may take disciplinary action, up to and including, suspension and/or discharge from employment. The district is not precluded from entering into an agreement with the employee wherein the employee is required to successfully participate in a district-approved rehabilitation, treatment, or counseling program, as a condition of continued employment. The fact that an employee has been referred for assistance and his/her willingness to enroll in a rehabilitation program are appropriate considerations as to what, if any, personnel action will be taken.
For employees enrolled in a formal treatment/rehabilitation program, the district may grant sick and personal leave until the same are exhausted and then may grant leave without pay for a period not to exceed one (1) year. The district will not pay the cost of medical or rehabilitation services for the employee. Such costs are the sole responsibility of the employee and/or the employee’s insurance provider.
NOTIFICATION OF POLICY
The district shall provide a copy of this policy to each employee upon its adoption, and to future employees at the time of hire. Employees will be required to sign a statement acknowledging receipt of the policy. Additionally, a copy of the policy shall be available for review at the district office.
CONFIDENTIALITY
The district, laboratory, MRO, employee assistance program, drug or alcohol rehabilitation program, and their agents, who receive or have access to information concerning an employee’s drug/alcohol test results shall keep the information confidential. Such information includes, but is not limited to, interviews, reports, statements, memoranda, or test results, written or otherwise.
Such information shall be used only for the purposes of maintaining a drug-free workplace, in a proceeding related to any disciplinary action taken by the district as a result of the drug/alcohol test, any other dispute between the district and the employee, as required to be disclosed by the United States department of transportation law or regulation or other federal law, or as required by service of legal process. The district will not provide information regarding drug/alcohol testing to prospective employers without the written consent of the employee.
All personnel records and information regarding referral, evaluation, substance screen results, and treatment will be maintained in a confidential manner. Only information pertaining to an employee testing positive will be placed in an employee’s personnel file.
Records showing an employee tested negative will be kept for at least one (1) year. Records showing that an employee tested positive, including the reason for the test, identification of the substance(s) used by the employee, and the disposition of each employee will be kept for at least five (5) years. Such records will be kept confidential and will not be considered part of an employee’s personnel records.
TESTING COSTS
The district will pay all costs of drug and alcohol testing, unless the test is a retest requested by the employee. If the retest establishes a negative test result, the district will reimburse the employee for the cost of such test.
District employees will be compensated at their regular rate of pay for the time during which they are undergoing any drug or alcohol testing, including transportation time.
UNEMPLOYMENT CLAIMS
If an employee is found to have violated this policy and is, therefore, terminated from employment and subsequently applies for unemployment benefits, the district will provide the following information to the Department of Commerce and Labor:
1. The statement signed by employee indicating receipt of this policy.
2. A statement signed by the individual administering the test, certifying compliance with the provisions of this policy,
the requirements of Idaho Code Sections 72-1701, et seq. The statement will also certify that the results of the test
administered to the employee exceeded the threshold stated in the policy requirements for a positive test regarding
alcohol (not less than .04 blood alcohol content (BAC)) or the presence of a prohibited drug as defined in this policy.
3. A statement signed by an administrator, specifying whether the test was administered as a random test or as a
result of reasonable suspicion.
4. In the event the violation of this policy is based on misconduct other than testing positive (i.e., altering or attempting
to alter a test sample), a statement signed by the administrator or other knowledgeable individual, specifying the
nature of the violation of the policy and the evidence in support thereof.
5. A statement signed by the employee indicating receipt of the testing results.
SCHOOL BUS DRIVERS
Testing of school bus drivers employed by the district is addressed in Bus Driver Drug and Alcohol Testing Program, policy 744. The district shall comply with this policy as well as policy 744 regarding bus drivers.
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LEGAL REFERENCE:
Idaho Code Sections
72-1701, et seq.
37-2701
23-105
23-1001
42 U.S.C. 12101
49 CFR, Part 40
ADOPTED: March 10, 2008
AMENDED: