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GBEC - Drug-Free Workplace

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Code: GBEC 
Adopted: 11/20/13 
Revised/Readopted: 6/20/17
Orig. Code(s): GBEC 

Northwest Regional Education Service District (NWRESD) shall provide a drug-free workplace. 

Definitions 

  1. Controlled substance: A controlled substance shall include any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or other drug classified under the federal Controlled Substance Act. 
  2. Alcohol: Alcohol shall include any form of alcohol for consumption, including but not limited to beer, wine, wine coolers, or liquor. 
  3. 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. 
  4. 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: A site for the performance of work at which employees are prohibited from engaging in the manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol.

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. 

Applicability 

This policy applies to all employees, including, but not limited to, those exempt, unclassified, management service, classified, and temporary employees who are paid directly or indirectly from funds received under a federal grant or contract. Employees will be required to behave in conformance with the requirements of the Drug-Free Workplace Act of 1988. 

Prohibitions 

An employee shall not, in the workplace, unlawfully manufacture, distribute, dispense, possess, or use a controlled substance or alcohol. 

An employee may possess and dispense a controlled substance for a student only pursuant to an approved medical plan for a student and when the employee’s action is part of the employee’s assigned work duties. In addition, possession or use of a controlled substance pursuant to a prescription for the employee by a treating medical professional is not a violation of this policy but the employee is required to notify the supervisor of the medication if it creates the potential for adverse impact on work performance. 

No ESD employee shall knowingly sell, market or distribute steroid or performance enhancing substances to kindergarten through grade 12 students with whom the employee has contact as part of employee’s ESD duties; or knowingly endorse or suggest the use of such drugs. 

Compliance with Policy 

An employee shall, as a condition of employment, abide by the provisions of this policy.

Sanctions and Remedies 

The NWRESD, upon determining that an employee has engaged in the unlawful manufacture, distribution, dispensation or possession of a controlled substance or alcohol or upon having reasonable suspicion, under section 7. of this policy, of a employee unlawful use of a controlled substance or alcohol in the workplace, shall, pending any criminal drug statute conviction for a violation occurring in the workplace, take action with regard to the employee determined to be appropriate, which may include transfer, granting leave with or without pay or suspension with or without pay. The personnel action need not await the resolution of any criminal charges under criminal drug statutes. 

Within 30 days of an employee’s criminal drug statute conviction for a violation occurring in the workplace, the NWRESD shall: 

  • Take action with regard to the employee determined to be appropriate which may include discipline up to and including termination and/or; 
  • 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. 

Basis for Reasonable Suspicion of Employee Use of Controlled Substance/Alcohol 

Reasonable suspicion of employee use of a controlled substance or alcohol shall be based upon any of the following: 

  • Observed abnormal behavior or impairment in mental or physical performance (for example, slurred speech or difficulty walking); 
  • Direct observation of use in the workplace; 
  • The opinion of a medical professional; 
  • Reliable information concerning use in the workplace, the reliability of any such information shall be determined by employer; 
  • A work-related accident in conjunction with a basis for reasonable suspicion as listed above.
  • 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 NWRESD. 

Leave for Participation in Abuse Assistance or Rehabilitation Program 

The NWRESD shall, upon employee request, grant a reasonable period of leave with or without pay to allow an employee to participate in a drug abuse assistance or rehabilitation program. 

Establishment of Drug-Free Awareness Program 

The NWRESD shall establish a drug-free awareness program to inform employees of the:

  • Dangers of drug abuse in the workplace; 
  • Existence of and content of this policy for maintaining a drug-free workplace;
  • Availability of drug-counseling, rehabilitation and employee assistance programs; and
  • Penalties that may be imposed for drug abuse violations occurring in the workplace. 

Notification by Employee of Conviction 

An employee shall, as a condition of employment, notify the NWRESD of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. 

Notification by NWRESD of Employee Conviction 

The NWRESD 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 then 10 days after receiving notice of such conviction. 

Provision of Copy of Policy to Employees 

The NWRESD shall provide to each employee a copy of this policy. 

END OF POLICY 

Legal Reference(s): 

  • ORS 243.650
  • ORS 342.721
  • ORS 342.723 
  • ORS 342.726
  • ORS Chapter 475
  • ORS 657.176 
  • OAR 581-022-0416
  • Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701-707 (2016); General Principles Relating to Suspension and Debarment Actions, 34 C.F.R. §§ 85.600-85.645 (2016).
  • Controlled Substances Act, 21 U.S.C. § 812; Schedules of Controlled Substances, 21 C.F.R. §§ 1308.1-1308.15 (2016). Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7117 (2016). 


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