2307

2307

3007

DRUG-FREE WORKPLACE ENVIRONMENT

3007

4007

4007

It is the policy of the Wake County Board of Education that a drug-free workplace shall be maintained.  This policy shall govern each employee while on any property owned by the Board, at any time during which an individual employee is acting within the course and scope of his/her employment with the Board, or at any other time that the employee’s violation of this policy has a direct and adverse affect upon the performance of his/her job.  For the purposes of this policy “employee” shall include independent contractors and volunteers.

2307.1

3007.1

4007.1

The Board prohibits the unlawful manufacture, transmission, conspiring to transmit, possession, use, or being under the influence of any alcoholic or other intoxicating beverage, narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroids, counterfeit drugs, other intoxicants of any kind, or other controlled substance as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 CFR 1300.11 through 1300.15.  In addition, no employee shall exude the odor of any alcoholic beverage or controlled substance while acting within the course and scope of his/her employment.  The Board prohibits the possession, use, transmission, or conspiring to transmit drug paraphernalia.

2307.2

3007.2

4007.2

No employee shall be impaired by the excessive use of prescription or nonprescription drugs in the workplace.  The proper use of a drug authorized by valid medical prescription from a legally authorized health care provider shall not be considered a violation of this policy when the drug is taken by the person for whom the drug was prescribed.  Any employee with prior knowledge that the use of a prescribed medication under a doctor’s direction or an over-the-counter medication could alter the employees’ ability to perform the duties and responsibilities of his/her position must notify the appropriate supervisory person.  An employee is responsible for finding out from a health care professional the effects of any prescribed drug being taken.  Failure to obtain such information will not preclude disciplinary action under this policy.

2307.3

3007.3

4007.3

If, in the opinion of the employee’s supervisor, an employee’s action and/or behavior are considered unsafe as a result of the proper use of medication, the employee may be sent home.  A conference shall be conducted with the employee prior to the employee’s resuming his/her duties.  Prior to the employee’s returning to work, the employee must provide written assurance that:  

A.

The medication’s use has been terminated; or

B. 

The medication has been adjusted/modified to avoid impairment.

2307.4

3007.4

4007.4

Each employee shall be given a copy of this policy and shall be responsible for knowing and adhering to the requirements of this policy. 

2307.5

3007.5

4007.5

Any employee having reasonable grounds to believe that another employee is using or in possession of any illegal drug, or is under the influence of or in possession of alcohol while in the workplace shall immediately report the facts and circumstances to a supervisor/principal.  Any employee who has been convicted of violating any criminal drug statute for activities occurring in the workplace shall notify his/her supervisor within five (5) days of such conviction.

2307.6

3007.6

4007.6

Violation of this policy shall subject an individual to disciplinary actions up to and including termination of employment and referral for criminal prosecution. 

2307.7

3007.7

4007.7

Employees shall be provided information concerning available counseling, rehabilitation, and re-entry programs. 

2307.8

3007.8

4007.8

The Board has a strong commitment to assist any employee who voluntarily asks for help.  It is the employee’s responsibility to seek help for drug and alcohol problems before they must be addressed at the workplace or otherwise become apparent as unsatisfactory job performance and/or work habits.  Such action on the part of the employee shall be viewed as responsible and shall be supported by the Board and the supervisor to the extent that this is consistent with protecting the safety and welfare of students, staff, and the public.

2307.9

3007.9

4007.9

When there are reasonable grounds to believe that an employee is in violation of the Board’s Drug-Free Workplace Environment Policy, the Superintendent may require that the employee submit to a medical examination, including a drug or alcohol assessment.  The drug or alcohol assessment will be conducted to determine whether the employee has been under the influence of illegal drugs, under the influence of alcohol while on duty, or impaired by the use of prescription or nonprescription drugs while on duty.  If the drug or alcohol assessment is positive and there is no legitimate medical explanation for the results, the employee may be subject to disciplinary action, including termination of employment.   Any drug testing shall conform with the state procedures on administering controlled substance examinations.

Any employee who refuses a drug or alcohol screening test may be terminated.  An independent contractor or volunteer who refuses a drug or alcohol screening test may be removed from further duties with the school district.

 The Superintendent may devise procedures to implement this policy.

Legal Reference: 20 U.S.C. 3171-3232; Drug Free Workplace Act of 1988, 41 U.S.C. § 701, et seq.; 21 U.S.C. § 812

Adopted: June 19, 1989

Revised: June 18, 1990

Revised: April 20, 1992

Revised: June 15, 1992

Revised: November 20, 1995

Revised: August 17, 1998

Revised: September 27, 1999