LEBANON COMMUNITY SCHOOLS
Lebanon, Oregon
DRUG-FREE WORKPLACE PROGRAM
EMPLOYEE MANUAL
Lebanon Community School District
To: All Employees of Lebanon Community School District
It is a well-documented fact that drug use and alcohol misuse is a serious issue with profound and far-reaching effects in the workplace as well as on the health and personal lives of those who abuse. By the very nature of our primary purpose as an educational community, Lebanon
Community Schools enthusiastically embraces the concept of a drug and alcohol free environment for students and workplace for employees.
This manual is intended to educate employees and promote the maintenance of an alcohol and drug free workplace in compliance with the Free Schools and Communities Act, the Drug-Free Workplace Act, and District policies and regulations.
Included in this manual is the following information: Dangers of drug abuse in the workplace.
Resources and referral information regarding counseling and treatment for alcohol and drug abuse.
Disciplinary actions and consequences for alcohol or drug violations occurring in the workplace.
A copy of the District policy and regulations (GBEC/GBEC-AR) for a Drug-Free Workplace.
All employees shall, as a condition of employment, abide by the provisions of District policy and regulations. Please read the information contained in this manual and refer to it as needed. If you have any questions, do not hesitate to contact your supervisor, building administrator, or me.
All of our employees can be proud of their contributions toward the growth and development of the young people in our community. Each of you is encouraged to join in to make our schools, our workplaces, and our activities alcohol and drug free.
Thank you.
Dangers of Drug Abuse in the Workplace
There are many people in Oregon with serious alcohol and/or drug problems. It is estimated that approximately 12% of the population are directly affected. These problems affect not only the individuals, but their families, employers, co-workers, and others. From a state perspective, the consequences of these problems are increased social and economic disorder and significant public expenditures.
The problem is even more pervasive with you consider the following: In criminal and civil offenses and disputes, drug use is implicated in:
35% of all rapes 40% of all assaults 50+
% of all traffic fatalities 65% of all murders
80% of all crime
Alcohol and drug abuse are connected with: 30% of all suicides
40% of all industrial fatalities 65% of all drownings
77% of all falls 80% of all fire deaths
Drug using employees work at two-thirds their potential. They make twice as many mistakes which cost their companies lost employee time and materials.
Up to 30% of current workforce are drug users, 14-18% are abusers. 17% of drug users go to work high.
75% of users use drugs at work.
Lost productivity costs employers an estimated $119 billion per year.
U.S. industry loses $102 billion per year due to accidents on the job, employee turnover, increased health care cost, absenteeism, and worker’s compensation claims. Absenteeism is 16% times greater among alcoholics than among non-alcoholics. Drug abuse causes 500 million lost workdays annually in the U.S.
Substance abusing employees are:
4 times more likely to be involved in accidents at work.
6 times more likely to be involved in accidents away from work. 3 times more likely to die from injury as are non-users.
2.5 times more likely to be absent from work.
Resources and Referral Information
How to Find Help
If you are looking for help for yourself or someone else you know, the first thing you should do is look in the phone book. In the Yellow Pages, you will find listings for many programs under either “Alcohol” or “Drugs”.
Many of the same organizations will be listed under each of these and at first you may not be able to tell how to choose among them. What you will find varies widely across the state. Take the first step and contact one of them, then determine if they meet your needs and ability to pay. If not, try others.
For you information, following are some contacts and resources on the national, state, and local level:
National
1.800.COCAINE is an information and referral hotline that refers callers to drug rehabilitation and counseling services.
1.800.527.5344 – The American Council on Alcoholism Helpline
1.800.NCA.CALL – The National Council on Alcoholism and Drug Dependency Helpline
1.800.662.HELP – The National Institute on Drug Abuse Hotline State of Oregon
1.800.621.1646 – Oregon Council on Alcoholism and Drug Addiction 1.800.822.OPRC – Oregon Prevention Resource Center
1.800.452.7032, ext. 32673 – Oregon Drug and Alcohol Information Center Local
541.967.3819 – Linn County Alcohol and Drug Program, 4th and Lyons Street, Albany 541.766.6835 – Benton County Alcohol and Drug Treatment Program
541.258.5205 – Alcoholics Anonymous of Lebanon. Meetings Tuesday and Thursday
12:00 noon, Monday and Wednesday 8:00 p.m. – Harden Hall, 580 2nd Street, Lebanon. Meetings Saturday 8:00 p.m., Sunday 7:00 p.m., Tuesday 5:30 p.m. – Lebanon
Community Hospital, 525 Santiam Highway, Lebanon.
541.967.6243 – Alcoholics Anonymous of Albany and Corvallis 541.967.6597 – Emergence
Disciplinary Actions and Consequences for Violations
An employee shall not, in the workplace, manufacture, distribute, dispense, possess, or use a controlled substance or alcohol or report to work or be at work under the influence of a controlled substance or alcohol.
Violation of this policy shall result in disciplinary action up to and including termination of employment.
In addition, violations or suspected violations may be referred to the appropriate law-enforcement officials.
The District may require, as a condition of return to duty or continuation of employment following reasonable suspicion, violation, or substance abuse treatment, that the
employee submit a written statement from a physician as to whether the employee is fit to perform his or her duties.
When reasonable suspicion exists or work performance is negatively affected by drug and/or alcohol use, the District may require that the employee obtain an alcohol/drug abuse assessment, participate in an alcohol/drug abuse treatment program, and/or provide test results, progress/attendance information, and eventual release document from the treatment provider. Failure to satisfactorily complete a treatment program and to comply with the terms of District policy and administrative regulations may result in the
Lebanon Community
School District
Code: Adopted: GBEC 06/15/98 DRUG-FREE WORKPLACEThe district shall provide a drug-free workplace.
1. DEFINITIONS
a. Controlled substance: A controlled substance shall include any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or other controlled substance. b. Alcohol: Alcohol shall include any form of alcohol for consumption, including beer, wine, wine coolers or liquor.
c. Conviction: A finding of guilt (including a plea of no contest) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
d. Criminal drug statute: A federal or state criminal statute involving the manufacture, distribution, dispensation, possession or use of any controlled substance or alcohol.
e. Drug-free workplace: "Workplace" is defined to mean the site for the
performance of work done in connection with a federal grant or contract. That includes any school building or any school premises; any owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district where work on a federal grant is performed.
2. PURPOSE
The purpose of this policy is to promote safety, health, and efficiency by prohibiting, in the workplace, the manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol including reporting to work under the influence of a controlled substance or alcohol.
3. APPLICABILITY
This policy applies to all employees.
4. PROHIBITIONS
An employee shall not, in the workplace, manufacture, distribute, dispense, possess or use a controlled substance or alcohol or report to work under the influence of a controlled
substance or alcohol.
5. COMPLIANCE WITH POLICY**
6. SANCTIONS AND REMEDIES**
The district, upon determining that an employee has engaged in the manufacture,
distribution, dispensation or possession of a controlled substance or alcohol or has reported to work under the influence of a controlled substance or alcohol shall:
a. Take action with regard to the employee determined to be appropriate which may include discipline up to and including termination; and/or
b. Require satisfactory participation by the employee in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state or local health, law enforcement or other appropriate agency.
7. REASONABLE SUSPICION OF EMPLOYEE USE OF CONTROLLED
SUBSTANCE/ALCOHOL
Reasonable suspicion of a district employee reporting to work under the influence of a controlled substance or alcohol may be based upon any of the following:
a. Observed abnormal behavior or impairment in mental or physical
performance (for example, slurred speech or difficulty walking) by a building principal or immediate supervisor;
b. Direct observation of use in the workplace by a district administrator or immediate supervisor;
c. The opinion of a medical professional;
d. Reliable information concerning use in the workplace, the reliability of any such information shall be determined by the district administrator or immediate supervisor; e. A work-related accident in conjunction with a basis for reasonable suspicion as listed above.
8. An employee having a drug or alcohol problem is encouraged to seek assistance, on a confidential basis, under the Employee Assistance Program if such program is provided by the employer.
9. LEAVE FOR PARTICIPATION IN ABUSE ASSISTANCE OR
REHABILITATION PROGRAM
The district shall, upon employee request, grant leave with or without pay to permit an employee to participate in a drug abuse assistance or rehabilitation program.
10. ESTABLISHMENT OF DRUG-FREE AWARENESS PROGRAM
The district shall establish a drug-free awareness program to inform employees of the: a. Dangers of drug abuse in the workplace;
b. Existence of and content of this policy for maintaining a drug-free workplace;
c. Availability of drug-counseling, rehabilitation, and employee assistance programs; and
d. Penalties that may be imposed for drug abuse violations occurring in the workplace.
11. NOTIFICATION BY EMPLOYEE OF CONVICTION**
statute conviction for a violation occurring in the workplace no later than five days after such conviction.
12. NOTIFICATION BY LEBANON COMMUNITY SCHOOL DISTRICT OF
EMPLOYEE CONVICTION
The district shall notify the appropriate Federal granting or contracting agency of an employee's criminal drug statute conviction for a violation occurring in the workplace no later than ten days after receiving notice of such conviction. "Federal granting or contracting agency" as used in this policy includes any United States executive department, government corporation, government controlled corporation or any independent regulatory agency.
13. PROVISION OF COPY OF POLICY TO EMPLOYEES
The district shall provide to each employee a copy of this policy.
END OF POLICY Legal References: ORS 243.650 ORS 657.176 ORS 336.222 ORS 809.260 ORS Chapter 475 OAR 581-021-0050 OAR 581-021-0055
Anti-Drug Abuse Act of 1988, P.L. 100-690, 102 Stat. 418 et. seq.
Drug-Free Workplace Act of 1988, 41 U.S.C.Sections 701-707; 34 CFR Part 85, Subpart F.
Controlled Substances Act, 21 U.S.C. 812, Section 202, schedules I through V,21 C.F.R. 1300.11 through 1300.15.
Safe and Drug-Free Schools and Communities Act, 20 U.S.C. Sections 7101-7117
(Continued) 1-2 Code: GBEC-AR Adopted: 12/8/98 Revised: 1/3/06 DRUG-FREE WORKPLACE
Through implementation of this policy and administrative regulations, the District will strive in good faith to maintain a drug-free workplace and to fulfill the District=s role in educating students and the community regarding the dangers of drug and alcohol abuse.
As a condition of employment with the Lebanon Community School District, all employees are required to abide by the terms of policy GBEC and regulation GBEC-AR. Although the District may choose to invoke lesser discipline than dismissal and/or other consequences, such as required treatment programs, for a violation, it is not required and the District retains the right to dismiss for any violation involving drugs or alcohol. Alcohol consumption must be detected at a .02 level or higher to be considered a violation.
Self reporting or a request for assistance by an employee regarding substance abuse must occur prior to serious performance problems, accident, or reasonable suspicion investigation or test. If self reported, when the employee voluntarily enters a substance abuse program, the District will support the rehabilitation effort by providing unpaid leave or accumulated paid sick leave, vacation leave, or other available leave, as applicable under law and collective bargaining agreements, to further the employee=s rehabilitative effort. All costs of such programs will be the responsibility of the employee. The District may require certification from a medical doctor to verify that an employee does not pose a danger to self or others. The employee shall provide the District with a signed release indicating that the District may obtain information from the treatment provider about the frequency of the employee=s attendance in the treatment program and any follow-up requirements. Failure of the employee to adhere to the treatment program may result in a refusal to reinstate the individual and/or disciplinary action, up to and including dismissal. In addition, current use (within past six months) will not obligate the District to provide accommodations under the Americans with Disabilities Act.
Following a violation or treatment, the District may request that the doctor submit a written opinion with respect to whether or not the employee is fit to perform his or her duties.
REASONABLE SUSPICION PROCEDURES
When a supervisor suspects that an employee is in violation of the policy or regulation, the supervisor will, to the extent possible allowed by the situation, document the various indicators on the Reasonable Suspicion Incident Checklist. If possible, the supervisor will contact Human Resources and/or a second supervisor to assist in documentation, and isolate the employee in a
DRUG-FREE WORKPLACE - GBEC-AR (cont=d.)
2-2
safe location until a resolution is reached.
It is within the discretion of the District to search district property and equipment for evidence of violation of this policy and administrative rules.
If the District=s investigation determines that an employee has violated policy or administrative rules, regardless of whether the employee has been charged or convicted of criminal actions, the District retains the discretion to take appropriate disciplinary action, up to and including termination. Reasonable suspicion or evidence of criminal activity will result in the District referring the matter to law-enforcement officials.
TESTING/ASSESSMENT PROCEDURES
If in the judgment of the supervisor(s), there is reasonable suspicion of a violation, the Superintendent or Assistant Superintendent (or Director of Transportation in case of a driver) will be contacted for authorization to test. If neither can be contacted, two supervisors who jointly agree may authorize the testing. Testing for alcohol will be by breathalyzer. Testing for substance abuse will be conducted by a qualified site and laboratory.
The employee will be informed that immediate testing is required and that refusal to test will be grounds for dismissal. Transportation will be arranged (two escorts if possible) to accompany the employee to the test site and home following the test. Should the employee leave in a vehicle without permission, the supervisor will be authorized to contact law enforcement.
Test results will be sent in a confidential letter to the Assistant Superintendent. The employee will be informed of the results and the District’s intended actions if any.
All time involved with the reasonable suspicion and/or testing procedures will be considered paid administrative leave unless the test results are positive.
The District reserves the right to require pre-employment alcohol and drug testing at the expense of the candidate, and post accident alcohol and drug testing at the expense of the District.
LEBANON COMMUNITY SCHOOLS
Code: GBEC-AR(1) Developed: 1/3/06 REASONABLE SUSPICION INCIDENT CHECKLIST
(STRICTLY CONFIDENTIAL)
EMPLOYEE: DATE/TIME OF INCIDENT(S):
SUPERVISOR #1, NAME AND POSITION:
SUPERVISOR #2, NAME AND POSITION: (if applicable)
This checklist is to be completed when an incident has occurred which provides reasonable suspicion that an employee is under the influence of a prohibited drug substance or alcohol. You should note all pertinent behavior and physical signs or symptoms which lead you to reasonably believe that the employee has recently used or is under the influence of a prohibited substance. Mark each applicable item on this form and add any additional facts or circumstances which you have noted. (Note: if there are long-term behavioral indicators of substance abuse, please complete the Reasonable-Cause Employee Observation Checklist.)
A. Nature of Incident/Cause for Suspicion
1. Observed/reported possession or use of a prohibited substance (including passenger complaint) 2. Apparent drug or alcohol intoxication
3. Observed abnormal or erratic behavior 4. Arrest or conviction for drug-related offense 5. Evidence of tampering on a previous drug test
6. Other (e.g., flagrant violation of safety or serious misconduct, accident or “near miss,” fighting or argumentative/abusive language, refusal of supervisor instruction, unauthorized absence on the job) (please specify)
B. Behavioral Indicators Noted 1. Verbal abusiveness
2. Physical abusiveness
3. Extreme aggressiveness or agitation
4. Withdrawal, depression, tearfulness, or unresponsiveness 5. Inappropriate verbal response to questioning or instructions
C. Physical Signs or Symptoms 1. Possessing, dispensing, or using prohibited substance
2. Slurred or incoherent speech
3. Unsteady gait or other loss of physical control, poor coordination 4. Dilated or constricted pupils or unusual eye movement
5. Bloodshot or water eyes
6. Extreme fatigue or sleeping on the job 7. Excessive sweating or clamminess of skin 8. Flushed or very pale face
9. Highly excited or nervous 10. Nausea or vomiting 11. Odor of alcohol 12. Odor of marijuana
13. Disheveled appearance or out of uniform 14. Dry mouth (frequent swallowing/lip wetting) 15. Dizziness or fainting
16. Shaking hands or body tremors/twitching 17. Breathing irregularity or difficulty breathing 18. Runny nose or sores around nostrils
19. Inappropriate wearing of sunglasses 20. Other (Please Specify)
D. Written Summary
Please summarize the facts and circumstances of the incident, employee responses, supervisor actions taken, and any other pertinent information not previously noted. Please note the date, times and location of reasonable-cause testing or note if employee refused the test. Attach additional sheets as needed.
