7000 - Personnel

7240 Drug-Free and Alcohol-Free Workplace

The Board of Education recognizes that reducing drug and alcohol abuse in the workplace improves the safety, health and productivity of employees. It is the policy of the Board of Education that a drug-free and alcohol-free workplace must be maintained.

A. PROHIBITED ACTIVITIES

The Board prohibits the unlawful manufacture, sale, distribution, dispensing, possession, or use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, alcohol, stimulants, synthetic cannabinoids, counterfeit substance or any other controlled substance as defined in (1) schedules I through VI of the North Carolina Controlled Substances Act or (2) schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 C.F.R. § 1300.01 through § 1300.04. Employees must not be impaired by the excessive use of prescription or nonprescription drugs. This policy is not violated by an individual’s proper use of a drug lawfully prescribed for that individual by a licensed health-care provider.

Employees are prohibited from using or being under the influence of alcohol while acting in the course and scope of employment duties, while at school-sponsored activities or while on school property. This policy does not apply to an employee’s consumption of alcoholic beverages that are served at a reception or other similar function that occurs outside the regular workday and that the employee is authorized or required to attend as a part of his or her employment duties.

B. APPLICABILITY

This policy governs each employee before, during or after school hours while the employee is on any property owned or leased by the Board of Education; at any time during which the employee is acting in the course and scope of his or her employment with the Board of Education; and at any time that the employee’s violation of this policy has a direct and adverse effect upon his or her job performance.

C. DUTY TO REPORT

The Board expects employees to share the responsibility of insuring that the school system’s work setting is drug-free and alcohol-free. Any employee having a reasonable basis to believe that another employee is illegally using a controlled substance or is intoxicated should immediately report the matter to his or her supervisor or principal.

In accordance with policy 7300, Staff Responsibilities, an employee must notify the Superintendent or designee in writing of any charge, arrest, or conviction of any criminal offense, including any criminal drug statute. Notification must be given no later than the next scheduled business day after such charge, arrest, or conviction.. Within 10 days of receiving a notice of conviction by an employee whose position is funded in any part by a federal grant, the Director of Human Resources or designee shall notify the funding agency of the conviction. “Conviction” as used in this policy includes the entry in a court of law or military tribunal of: (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict or finding of guilty; or (3) a prayer for judgment continued (“PJC”) or a deferred prosecution.

D. DRUG TESTING

1. Reasonable Suspicion Testing

Any employee of the Board may be required to submit to a drug or alcohol test when a supervisor or other management employee has a reasonable suspicion of drug or alcohol use by the employee. Employees who refuse to submit to submit to a test to detect alcohol or drug use after reasonable suspicion is established may be suspended immediately pending consideration of a decision to terminate employment.

2. Commercial Motor Vehicle Operators

Any person who operates a commercial motor vehicle in the course of duties for the Board may be subject to drug testing in accordance with policy 7241, Drug and Alcohol Testing of Commercial Motor Vehicle Operators.

3. Motor Vehicle Accidents Involving School System Vehicles

Any person who is involved in a motor vehicle accident while driving any school system vehicle, regardless of whether there was any significant damage or injury, must report that accident to his/her supervisor immediately. In addition, the driver will be required to submit to a drug and alcohol test; such test should occur as soon after the accident as possible.

E. CONSEQUENCES

Violation of this policy will subject an individual to disciplinary action by the Board of Education that could result in non-renewal or termination of employment with the school system or the requirement that the employee participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved by the Board of Education or federal, state or local health, law enforcement or other appropriate agency. Information concerning available counseling, rehabilitation and re-entry programs will be provided to employees.

All employees shall receive written notification of this policy.
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Legal References:
21 U.S.C. 812; 41 U.S.C. 701 et seq.; 21 C.F.R. 1300.01–.04; G.S. 20-138.2B; 90-89 to -94; 115C-36
Cross References:
Drug and Alcohol Testing of Commercial Motor Vehicle Operators (policy 7241), Staff Responsibilities (policy 7300)
Adopted:
Monday, 10 May 2010
Last Updated:
Monday, 13 April 2015