The New Albany - Plain Local School District (the District) Board of Education (the Board) recognizes that any misuse of alcohol or drugs by school personnel may present a serious threat to the safety of the children of the District and to others. The Board further seeks to foster a safe, healthy, and productive work environment for the employees of the District. In keeping with the foregoing, it is the policy of the District:

The following employees will be subject to random drug and alcohol testing:

Tests will be conducted on a random basis at unannounced times throughout the year. Random tests for alcohol and drugs will be conducted just before, during, or just after the performance of any safety-sensitive function. Once notified of selection for drug testing, an employee must proceed immediately to a collection site to provide a urine specimen. Once notified of selection for alcohol testing, an employee must proceed immediately to the testing site.

The number of random drug tests administered each year will, at a minimum, be equal to fifty percent (50%) of the average number of employees in those job classifications subject to testing. The minimum number of random alcohol tests will be twenty-five percent (25%) of the average number of employees in those job classifications subject to testing. Employees will be selected by a scientifically valid random process, in which each employee will have an equal chance of being tested each time selections are made. Random selection may result in an individual employee’s being tested more than once during any year.

Testing for drugs will conform with the requirements of the Testing Act, including any requirements in addition to those stated herein. Testing results to be reported to the District will be at the level required to be reported by Federal law. The testing for drugs is a two-stage process that involves analyzing an employee’s urine specimen. First, a screening test is performed. If it is positive for one (1) or more of the drugs tested, then a confirmation test is performed for each identified drug using gas chromatography/mass spectrometry analysis. All urine specimens will be analyzed for marijuana, cocaine, opiates (including heroin), phencyclidine (PCP), and amphetamines (including methamphetamines) and/or as otherwise required by State and/or Federal law.

Employees who are to be tested must report to the designated collection site to provide a urine specimen. Authorized personnel at the collection site will send the specimen bottles to an authorized lab for analysis. The chain of custody and collection requirements of the Testing Act are to be followed by the collection site and lab personnel.

The urine sample provided by the employee is to be split into two specimen bottles. If the lab analysis of one specimen confirms the presence of controlled substances, the employee shall have seventy-two (72) hours to request that the second specimen bottle be sent to another certified lab for analysis and opinion. The employee shall be fully responsible for all costs related to the second analysis and opinion except when the second analysis is negative, at which time the Board will pay for the cost.

If the first specimen indicates a positive result, the employee is to be contacted by a Medical Review Officer (MRO) involved in the lab analysis to determine if there is an alternative explanation for the positive result. If the MRO determines that there is a legitimate medical use of the prohibited drug, the drug test result will be reported as negative to the District. If the MRO is unable to contact the employee directly, the MRO will contact the employee’s supervisor or the Superintendent’s designee. The supervisor or designee will attempt to contact the employee to request that the employee contact the MRO. The supervisor or designee should attempt to contact the employee as soon as practicable but prior to dispatching the employee or within twenty-four (24) hours from the time the MRO contacted the supervisor or designee, whichever is earlier.

Random drug testing may be conducted at the District bus garage or off school premises as determined by the District. All other testing will be conducted off District premises.

After an employee is notified that s/he will be subject to a random drug test, the employee must comply with all instructions to ensure that the test is completed. If the employee engages in conduct that does not lead to testing within one (1) hour after notification, such conduct may be considered a refusal to test, which is grounds for termination.

Testing for alcohol will conform with the requirements of the Testing Act, including any requirements in addition to those stated herein. Testing for alcohol is generally to be accomplished by use of an Evidential Breath Testing Device that meets the requirements of the Testing Act. A screening test is to be conducted first. Any result less than 0.02 alcohol concentration will be considered a negative test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. In the event that the screening and confirmation test results are not identical, the confirmation test result will be deemed to be the final result upon which any action to comply with the Testing Act and this policy will be based.

In the event that an employee has a breath alcohol concentration of 0.02 or greater, the employee shall be removed from duty forthwith and shall be subject to termination.

Alcohol testing will be conducted by qualified persons contracted with by the District to perform such testing. Random alcohol testing may be conducted at the District’s bus garage or off school premises as determined by the District. All other testing will be conducted off District premises.

A drug test will be required of an applicant for a position requiring a CDL. The test must be taken after the applicant has been offered the position but prior to employment. Employment with the District is conditional upon the applicant’s receiving a negative drug test result and otherwise meeting the requirements as specified herein and in the Testing Act.

Current employees of the District who 1) apply for and are offered a position which, as a condition of employment, requires a CDL and 2) do not, at the time of the offer of the position, hold a position in the District for which a CDL is required as a condition of employment, will be treated as applicants who must meet the pre-employment testing requirements of the Testing Act and this policy to be employed in the position for which they applied.

As a condition of employment, job applicants for positions subject to random drug testing must provide a written authorization for all previous employers during the last two (2) years to release drug and alcohol testing records that were required to be maintained.

As soon as practicable, but within two (2) hours after the time of an accident, the District will test the employee for alcohol. As soon as practicable, but within thirty-two (32) hours after the time of an accident, the District will test the employee for drugs. Such tests will be conducted on any employee after an accident that occurs during an employee’s work hours and/or at any activity or function related to employment with the District when the employee was performing a safety-sensitive function with respect to a vehicle and either:

No employee involved in such an accident may use alcohol for eight (8) hours after the accident or until after the employee undergoes a post-accident alcohol test, whichever occurs first.

If an alcohol test is not administered within two (2) hours or if a drug test is not administered within thirty-two (32) hours after the time of an accident, the District will, to the extent required by the Testing Act, prepare, maintain, and submit a report explaining why the test was not conducted within such time frame. No post-accident drug test will be administered more than thirty-two (32) hours after an accident, and no post-accident alcohol test will be administered more than eight (8) hours after an accident.

The results of a breath or blood test for the use of alcohol or a urine or blood test for the use of drugs conducted by authorized Federal, State, or local officials may fulfill post-accident testing requirements if the results are obtained by the District and the testing meets the requirements of the Testing Act. It is the sole discretion of the Superintendent or designee to determine whether to accept a test conducted by authorized Federal, State, or local officials to fulfill post-accident testing requirements.

Before any employee performs a safety-sensitive function, the District will provide him/her with post-accident procedures and instructions that will make it possible to comply with post-accident testing requirements. Any employee subject to post-accident testing who leaves the scene of an accident before a test is administered or fails to remain available for testing may be deemed by the District to have refused to submit to the test, which is grounds for termination.

In the event an employee is seriously injured and cannot provide a urine or breath specimen at the time of an accident, the employee must provide authorization for the District to obtain hospital records or other documents necessary to indicate whether there were controlled substances or alcohol in the employee’s system at the time of the accident.

Tests must be conducted when a supervisor or other administrator, who has been trained according to the requirements of the Testing Act, has reasonable suspicion to believe that an employee has violated the District’s alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articulable observations including, but not limited to, the employee’s appearance, behavior, speech, or body odors. The observations may include indications of chronic drug or alcohol use and/or withdrawal effects of controlled substances. Documentation of the grounds for reasonable suspicion must be made and signed by the supervisor/administrator within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earlier.

Any employee who is the subject of a reasonable suspicion of prohibited drug or alcohol use shall be taken promptly to a laboratory or hospital or other testing facility/location for testing. If an alcohol test is not administered within two (2) hours or a drug test is not administered within thirty-two (32) hours of a determination of reasonable suspicion, the District will prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests will terminate after eight (8) hours of a determination of reasonable suspicion. Attempts to conduct drug tests will terminate after thirty-two (32) hours. Any employee who does not permit such drug and/or alcohol testing or make himself/herself reasonably available for such testing is considered to have refused to take such tests, which is grounds for termination.

If reasonable suspicion exists but a breath alcohol or drug test cannot be administered, the employee will be removed from performing safety-sensitive duties for at least twenty-four (24) hours.

Any supervisor or administrator who may refer an employee for reasonable suspicion drug testing will undergo sixty (60) minutes training on alcohol misuse and sixty (60) minutes training on controlled substance misuse. The training will include information on physical and behavioral signs and symptoms, speech and performance, indicators of probably alcohol/controlled substances misuse, policy practices, and procedures. Each supervisor/administrator will receive a certificate indicating s/he received such training.

Employee drug and alcohol test results and records will be considered part of the employee’s medical record and will be confidential except for information and records relevant to discipline or discharge of an employee for violation of this policy and/or the Testing act or as required by law to be released. Upon written request, an employee will receive copies of any records pertaining to the employee’s use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests. Records will be made available to a subsequent employer or other identified persons only as expressly requested in writing by the employee or as required by law.

Each employee shall receive educational materials that explain the requirements of the Code of Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The information shall identify:

Each employee must sign a statement certifying that s/he has received a copy of the above materials.

The District shall inform employees before drug and alcohol tests are performed that the test is required by the Testing Act.

The District shall notify an applicant of the results of a pre-employment drug test if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of his/her employment application. The District will notify an employee of the results of random, reasonable suspicion, and post-accident drug tests if the test results are verified positive or alcohol test if the test results are above 0.02 breath alcohol concentration. The District also shall tell the employee which controlled substances were verified as positive.

Employees are prohibited from the manufacture, distribution, dispensation, possession, use, or being under the influence of drugs and/or alcohol during work hours on District premises or at any activity or function sponsored by or related to employment with the District. "Premises" includes vehicles owned by, or being driven on behalf of, the District, as well as parking lots and other property owned by the District. "Use" includes having concentrations of a drug and/or alcohol in the employee’s system that result in a positive test reading regardless of the time the drug and/or alcohol was introduced into the employee’s body.

The possession or use of any controlled substance is prohibited unless such substance has been prescribed by a licensed physician and the controlled substance has been used according to the prescription. An employee who is required to perform a safety-sensitive function may not report for duty when the individual uses any controlled substance unless the use is pursuant to the prescription and instructions of a physician who has advised the employee that the substance will not adversely affect his/her ability to perform work duties. Employees must inform their supervisor at any and all times when they are using a controlled substance that their physician has prescribed for therapeutic purposes.

Alcohol misuse that affects the performance of employees is prohibited, including 1) use of alcohol while on duty, 2) use during the four (4) hours before driving a vehicle or performing a safety-sensitive function, 3) having prohibited concentrations of alcohol in the employee’s system, regardless of the time the alcohol was ingested, and 4) use of alcohol during the eight (8) hour period immediately following any accident involving employment. In addition, no employee will report for duty or remain on duty requiring the performance of a safety-sensitive function while having a breath alcohol concentration of 0.02 or greater.

An employee is prohibited from performing any safety-sensitive function after a drug test result indicates a violation of prohibited conduct pursuant to this policy and is subject to termination.

An employee is prohibited from performing any safety-sensitive function after an alcohol test result indicating a violation of prohibited conduct pursuant to this policy of a 0.02 or greater breath alcohol concentration and is subject to termination.

Employees are prohibited from refusing to take a required drug or alcohol test, and such refusal will be treated as if the employee had failed the drug test or had a result in an alcohol test of 0.02 or greater breath alcohol concentration.

Any employee who refuses to submit to post-accident, random, or reasonable suspicion tests will be immediately removed from or continue to be removed from safety-sensitive functions and will be treated as if the employee had a verified positive drug test or had failed to pass an alcohol test at the level required in this policy and the Testing Act. Any applicant who refuses to submit to a pre-employment test will not be employed by the District.

If an employee tests positive for drugs or has an alcohol test indicating a 0.02 or greater breath alcohol concentration, the employee will be immediately removed from safety-sensitive job duties. It will be grounds for termination from employment with the District when any employee tests positive for drugs or has an alcohol test indicating a 0.02 or greater breath alcohol concentration. Any applicant who tests positive for drugs or has an alcohol test indicating a 0.02 or greater breath alcohol concentration will not be employed by the District.

An employee who violates District prohibitions related to drugs and alcohol will be advised by the District of resources available to the employee on evaluating and resolving problems associated with the misuse of alcohol and drugs, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate, treat, and resolve drug and alcohol-related problems. The District is not obligated in any way to provide such information to an employee or applicant who refuses to submit to any test or fails a pre-employment test. Furthermore, the District is not obligated in any way whatsoever to provide or pay for evaluation, rehabilitation, or treatment. To the extent permitted under available insurance coverage, employees can receive assistance for the evaluation, diagnosis, and treatment of drug and alcohol problems.

An employee who tests positive for drugs or has an alcohol testing indicating a 0.02 or greater breath alcohol concentration, or who refuses to be tested hereunder, will be suspended without pay pending further proceedings and is considered to have committed an offense of a serious nature that represents grounds for termination of employment. Any such termination will be subject to applicable District policies and laws governing the termination of District employees.

Employees will be paid their appropriate hourly rate for all time required for mandatory drug and alcohol testing pursuant to this policy and the Testing Act. When tested for reasonable suspicion, employees will be paid their appropriate hourly rate for hours they would have regularly worked for their regularly assigned daily responsibilities until the results of the testing are obtained by the District. Employees will be transported by the District to the testing site for post-accident and reasonable suspicion testing whenever possible.

References herein to "tests" include both drug and alcohol tests unless the context specifies otherwise.

The terms "drugs" and "controlled substances" are interchangeable and have the same meaning. That is, "drugs" and "controlled substances" mean any drug subject to Federal and/or State regulations as to manufacture, distribution, sale and use, including, but not limited to, marijuana, cocaine, opiates (including heroin), phencyclidine (PCP), amphetamines, and/or any drug of abuse as defined in R.C. 3719.011.

The term "alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, and as is otherwise defined in 49 CFR 382.107. References to the use or possession of alcohol include use or possession of any beverage, mixture, or preparation, including medication or any over-the-counter substances containing alcohol.

The term "safety-sensitive function" is as defined in 49 CFR 382.107.

The term "substance abuse professional" is as defined in 49 CFR 382.107.

All other terms shall be as defined in applicable regulations under the Testing Act unless the context specifies otherwise.

Required provisions of the Testing Act, as well as other required provisions of applicable Federal or State law or regulations, shall apply to employees regardless of whether such provisions are expressly included in this policy. In the event of any otherwise irreconcilable conflict between the Testing Act, or any other required provision of applicable Federal or State law or regulations, and any provision of this policy so as to void or make voidable the latter, the former shall be deemed to supersede and supplant such conflicting provision in, and to that extent be a part of, this policy.

Adopted 12/95