4020 BP - Drug and Alcohol-Free Workplace

All Personnel
Board Policy No. 4020
Policy Adopted:  January 20, 2011

DRUG AND ALCOHOL-FREE WORKPLACE

The Governing Board believes that the maintenance of drug and alcohol-free workplaces is essential to staff and student safety and to help ensure a productive and safe work and learning environment.

(cf. 4112.42/4212.42/4312.42--Drug and Alcohol Testing for School Bus Drivers)

Any employee shall not unlawfully manufacture, distribute, dispense, possess, use any controlled substance while on duty, on district property, or at a school-related activity of event. (Government Code 88355; 41 USC 701)

Employees are prohibited from being under the influence of controlled substances or alcohol while on duty. For purposes of this policy, on duty means while an employee is on duty during both instructional and noninstructional time in the classroom or workplace, at extracurricular or cocurricular activities, or while transporting students or otherwise supervising them. Under the influence means that the employee’s capabilities are adversely or negatively affected, impaired, or diminished to an extent that impacts the employee’s ability to safely and effectively perform his/her job.

The Superintendent or designee shall notify employees of the district’s prohibitions against drug use and actions that will be taken for violation of such prohibition. (Government Code 8355: 41 USC 702)

An employee shall abide by the terms of this policy and shall notify the district, within five days, of any of his/her conviction for violation in the workplace of any criminal drug statute. (Government Code 8355; 41 USC 701)

The Superintendent or designee shall notify the appropriate federal granting or contracting agencies within 10 days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the workplace. (41 USC 701)

In accordance with law and the district's collective bargaining agreements, the Superintendent or designee shall take appropriate disciplinary action, up to and including termination, against an employee for violating the terms of this policy and/or shall require the employee to satisfactorily participate in and complete a drug assistance or rehabilitation program approved by a federal, state, or local health or law enforcement agency or other appropriate agency.

The Superintendent or designee shall establish a drug-free awareness program to inform employees about: (Government Code 8355)

  1. The dangers of drug abuse in the workplace

  2. The district policy of maintaining drug-free workplaces

  3. Any available drug counseling, rehabilitation, and employee assistance programs

  4. The penalties that may be imposed on employees for drug abuse violations occurring in the workplace.


Legal Reference:
EDUCATION CODE
44011 Controlled substance offense
44425 Conviction of controlled substance offenses as grounds for revocation of credential
44836 Employment of certificated persons convicted of controlled substance offenses
44940 Compulsory leave of absence for certificated persons
44940.5 Procedures when employees are placed on compulsory leave of absence
45123 Employment after conviction of controlled substance offense
45304 Compulsory leave of absence for classified persons
GOVERNMENT CODE
8350-8357 Drug-free workplace
UNITED STATES CODE, TITLE 20
7111-7117 Safe and Drug Free Schools and Communities Act
UNITED STATES CODE, TITLE 21
812 Schedule of controlled substances
UNITED STATES CODE, TITLE 41
701-707 Drug-Free Workplace Act
CODE OF FEDERAL REGULATIONS, TITLE 21
1308.01-1308.49 Schedule of controlled substances
COURT DECISIONS
Cahoon v. Governing Board of Ventura USD, (2009) 171 Cal.App.4th 381
Ross v. RagingWire Telecommunications, Inc., (2008) 42 Cal.4th 920


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