I.

General Policy

Practical experience and research has proven that even small quantities of narcotics, abused prescription drugs or alcohol can impair judgment and reflexes. Even when not readily apparent, this impairment can have serious results, particularly for employees operating vehicles or potentially dangerous equipment. Drug-using employees are a threat to co-workers, students and themselves, and may make costly errors.

II.	Drug Use/Distribution/Impairment/Possession
All safety sensitive employees are prohibited from using, possessing, distributing, manufacturing, or having controlled substances, abused prescription drugs or any other mind-altering or intoxicating substances present in their system while at work or on duty.

III.	Alcohol Use/Possession/Impairment
All safety sensitive employees are prohibited from possessing, drinking or being impaired or intoxicated by alcohol while at work or on duty. While employees are prohibited from having any alcohol present in their system while on duty, a Blood Alcohol Count (BAC) of .04 will be accepted as presumptive evidence of intoxication.

IV.	Off-Duty Conduct
Off-the-job use of drugs, alcohol or any other prohibited substances which results in impaired work performance, including, but not limited to, absenteeism, tardiness, and poor work product is prohibited.

V.	Prescription Drugs
The proper use of medication prescribed by a physician is not prohibited, however, the Board of Education prohibits the misuse of prescribed (or over the counter) medications and requires all safety sensitive employees using drugs at the direction of a physician to notify the School Board's Medical Review Officer (MRO), or their supervisor of such usage.

VI.

Substance Screening

A. Applicants Substance screening is required for all final applicants applying for a position for which drug testing is required by the provisions of the Omnibus Transportation Employee Testing Act of 1991. Such testing may be required either alone or as part of a pre-employment physical examination. Applicants are required to sign a consent/release form before submitting to screening. Applicants will be disqualified for hire if they test positive, refuse to submit to a test, or refuse to execute the required consent/release form. B. All Current Employees Subject to the Omnibus Transportation Employee Testing Act of 1991 Reasonable Cause All employees (defined as all employees subject to the Omnibus Transportation Employee Testing Act of 1991) will be tested during the initial implementation of the program. All employees will be required to submit to screening whenever a supervisor observes circumstances which provide reasonable cause to believe an employee has used a controlled substance or has otherwise violated the substance abuse rules. Examples of circumstances that may establish reasonable cause to warrant testing include supervisor observation, co-worker complaints, performance decline, attendance or behavior changes, involvement in a workplace or vehicular accident, or other actions which indicate a possible error in judgment or negligence, or other violations of the drug or other School Board policy. The supervisor or supervisors requesting testing shall prepare and sign written documents explaining the circumstances and evidence upon which they relied within 24 hours of the testing, or before the results of the test are released, whichever is earlier. Random Testing The Board of Education will conduct random unannounced screening of all employees. Tests of employees for illicit drugs will be conducted in a number equal to or greater than 50 percent of the affected work force - without advance notice - in any given 12 month period. Tests of employees for alcohol will be conducted in a number equal to or greater than 25 percent of the affected work force - without advance notice - in any given 12 month period. There will be no maximum number of samples that any one individual will be required to provide during the testing schedule. Subsequent testing will be conducted at levels equal to or greater than the initial testing level. Employees will be required to report to the School Board-designated collection site for testing as soon as possible but in no case later than 4 hours following notification. Annually, the tests will be spread reasonably over 12 months. Post Accident Testing Employees and/or the immediate supervisor are required to notify the Drug Program Coordinator immediately of any accident resulting in injury or damage to school system property. An employee involved in a reportable accident (defined as an accident resulting in injury, requiring more than simple first aid, or resulting in damage of property) are required to undergo substance screening within 32 hours and alcohol screening within 2 to 8 hours of the occurrence of the accident. The Board will discipline any employee who fails to report the accident or submit to substance and/or alcohol screening where required by law or this policy. Return to Duty Testing All employees referred through administrative channels who undergo a counseling or rehabilitation program or who are suspended for abuse of substances covered under this policy will be subject to unannounced testing following return to duty for no less than 12 months and no more than 60 months. Testing will be on a daily, weekly, monthly or longer basis and in addition to the other types of tests provided in this policy. Recertification Physical Examinations All drivers may be required to undergo urinalysis as part of their recertification physical examination. C. Testing Procedures General Guidelines The School Board shall rely on the guidance of the Federal Department of Transportation, Procedures for Transportation Workplace Drug Testing Programs, 49 C.F.R. Parts 30.1 through 30.39. and on the future guidance of the Omnibus Transportation Employee Testing Act provided in 49 C.F.R. Parts, 382, 391, 392 and 395. Substances Tested For All Employees Employees will regularly be tested for amphetamines, cocaine, marijuana, opiates and phencyclidine. Testing for alcohol will also be conducted subject to the final provisions of the Omnibus Transportation Employee Testing Act of 1991. Employees may be tested for other substances without advance notice as part of a separate test performed by the School Board for safety purposes. Testing Procedure The Board of Education reserves the right to utilize blood, hair, breath, saliva or urinalysis testing procedures, however, only urinalysis will be utilized in the pre-employment and random testing. D. Collection Sites The School Board will designate collection sites in areas where it maintains facilities or job sites where individuals may provide specimens. E. Collection Procedures The Board of Education and the laboratory, will maintain a documented procedure for collecting, shipping and accessing urine specimens. A tamper-proof sealing system, identifying numbers, labels, and scaled shipping containers will be used to safeguard the specimen in a transit status. Collection sites will maintain instructions and provide training for collection site personnel as needed to protect the integrity of the specimen. All employees will be required to execute the Applicant/Employee Consent Form. F. Evaluations and Return of Results to the Board The laboratory will transmit (by mail or computer, but not orally over the telephone) the results of all tests to the School Board's MRO. The MRO will be responsible for reviewing the quantified test results of employees and confirming that the individuals testing positive have used drugs in violation of School Board policy. Prior to making a final decision, the MRO shall give the individuals an opportunity to discuss the result either face-to-face or over the telephone. The MRO shall then promptly notify the Drug Program Coordinator of employees or applicants testing positive. G. Request for Retest An employee may submit a written request for a retest of the original specimen within sixty (60) days of receipt of the final test results. Requests must be submitted to the Drug Program Coordinator. The employee may be required to pay the associated costs of retest in advance but will be reimbursed if the results of the retest is negative. H. Release of Test Results Test results shall not be released by the School Board, beyond the MRO and School Board's management without the individual's written authorization. However, all employees shall be required to execute a consent/release form permitting the School Board to release test results and related information to the Unemployment Compensation Commission or the relevant government agency. The MRO shall retain the individual test results for positive specimens for five (5) years and negative for twelve (12) months.

VII.

Discipline for Drug/Alcohol Use

The School Board will discipline, up to and including discharge, employees for any violation of the policy, including refusing to submit to screening, to execute a release, or otherwise cooperate with an investigation or search by the administration. All employees who test positive in a confirmative substance test will be subject to discipline up to and including discharge. Rehabilitation, with a pre-approved treatment provider, may be available to individuals who violate the policy at the expense of the employee. No employee may be returned to regular duties after any rehabilitation or testing positive unless certified as safe and not using drugs by the School Board's MRO. Any employee returned to duty after violating the policy or testing positive will be subject to aftercare and random testing as outlined in the Probation or Return to Work Agreement.

VIII.

Employee Assistance Program (EAP)

The School Board EAP shall include: Education and training for the employee regarding drugs and alcohol; Education and training for supervisors regarding drugs and alcohol, including: Effects and consequences of substance use on personal health, safety, and work; Manifestations and behavioral causes that may indicate substance use; Documentation of training provided; and A written statement on file and available at the School Board office outlining the EAP.

IX.

Investigation/Searches

When a supervisor has reasonable cause to suspect that an employee has violated the substance abuse policy, he or she may inspect vehicles which an employee brings on the School Board's property, lockers, work areas, desks, purses, briefcases, tool boxes or other belongings, and at locations where school related activities are being conducted without prior notice in order to ensure a work environment free of prohibited substances. An employee may be asked to be present and remove a lock. When the employee is not present or refuses to remove a personal lock, the Drug Program Coordinator and/or supervisor will do so for him/her. The School Board may release any illegal or controlled drugs, or paraphernalia to appropriate law enforcement authorities. All searches should be coordinated with the Drug Program Coordinator and/or supervisor.

I have read the above statement of policy and agree to abide by the School Board's drug and alcohol rules. I agree to submit to drug and alcohol tests at any time as a condition for my initial or continued employment. I authorize any laboratory or medical provider to release test results to the Shelby County Board of Education and its Medical Review Officer.

I expressly authorize the School Board or its MRO to release any test-related information, including positive results, to the Unemployment Compensation Commission or other government agency investigating my employment or the termination thereof.

I understand that this agreement in no way limits my right to terminate my employment or to be terminated in accordance with federal and state law.

Employee ___________________________________________________	Date _______________________
Drug Program Coordinator _____________________________________	Date _______________________