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Series 4000

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PROHIBITION OF ALCOHOL AND OTHER DRUGS IN THE WORKPLACE

Replaced with Policy Code GBEC, Substance-Free Workplace
Available in MS Word | Available in Adobe PDF

BOARD POLICY 4370

The policy of the Governing Board is to maintain an alcohol and drug free workplace, to encourage employees who use or are impaired by the use of alcohol or drugs in the workplace to seek counseling and treatment, and to discipline employees for alcohol and other drug abuse violations which occur in the workplace.

Prohibited Acts

No employee, while on duty, shall unlawfully manufacture, distribute, dispense, possess, sell, purchase, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or dangerous drug defined by Arizona Revised Statutes §§13-3401 and 13-3451, or any alcohol beverage, malt beverage or fortified wine or other intoxicating liquor. An employee who commits any prohibited act may be disciplined or dismissed.

This policy does not apply to the use and possession of prescribed medication or to the lawful possession and use of any of the above-listed drugs or alcohol in connection with the employee's job duties. Thus, an employee who is using prescribed drugs or medication which may impair job performance is encouraged to report that fact to his/her supervisor.

Employee Responsibility

Employees are responsible for satisfactory job performance, to include abiding by the terms of this policy.

An employee who has been convicted of violating a criminal drug statute for an offense which occurred at the workplace or while on duty must notify his/her supervisor no later than five days after such conviction.

Employees who are concerned about their alcohol and/or drug use are strongly encouraged to voluntarily seek assistance. Information about counseling and treatment services may be obtained from the Personnel Department. All inquiries will be kept confidential.

When there are reasonable grounds to believe that an employee is under the influence of alcohol or drugs, the supervisor may direct the employee to submit to a Drug Screening and Blood Alcohol Test. An employee's refusal to submit to such tests constitutes insubordination and may subject the employee to discipline or dismissal.

Supervisor Responsibility

Supervisors should encourage employees to seek professional assistance when the employee does not respond to usual supervisory actions, or when a specific on-the-job incident is cause for concern.

A supervisor should not attempt to diagnose an employee's problem. The supervisor's role is to monitor job performance. If an employee refuses to seek assistance, the supervisor should document that fact, together with the observations that caused him/her to speak to the employee.

An employee with a substance abuse problem is entitled to confidentiality. A supervisor who violates that confidentiality is subject to discipline and dismissal.

When a supervisor has reasonable grounds to believe that an employee is under the influence of alcohol or drugs at work, the supervisor, using the procedures listed below, should direct the employee to submit to Drug Screening and to a Blood Alcohol Test. If the employee refuses, the supervisor may initiate disciplinary or dismissal action. A supervisor who has reasonable grounds to believe that an employee is impaired by reason of drugs or alcohol will not permit that employee to operate equipment or to drive a motor vehicle. The employee should not be permitted to drive a private vehicle from the work site.

Reasonable grounds sufficient to require testing must be based on objective physical, behavioral or performance indicators of probable drug or alcohol use. Thus reasonable grounds would include factors such as slurred speech, red eyes, dilated pupils, incoherence, unsteadiness on the feet, smell of alcohol or marijuana on the employee, excessive absence or tardiness, carelessness, erratic behavior, inability to perform the job, and other unexplained behavioral changes, among others, or observation of discarded needles or drug paraphernalia.

Personnel Department Responsibility

The Personnel Department will insure that every District employee receives a copy of this policy and will document that the information has been furnished to employees.

The Personnel Department will establish and implement a Drug-Free Awareness Program to inform employees about:

1. The dangers of alcohol and drug abuse in the workplace;

2. The District's policy of maintaining a drug-free workplace;

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

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

The Personnel Department will develop a training program to assist supervisory personnel in the recognition of conduct and behavior that gives rise to a reasonable suspicion that an employee is under the influence of alcohol or controlled substances.

Procedure When An Employee Appears Impaired

1. Employee health and safety is of primary concern. When it appears that an employee is in immediate need of medical assistance, the supervisor will call 911 and ask for help.

2. In non-emergency situations, when a supervisor has a basis for believing that an employee is physically impaired or unable to safely operate equipment or perform assigned duties, or that an employee is under the influence of alcohol or controlled substances, the supervisor shall immediately:

1. Relieve the employee of his or her duties:

2. Inquire as to whether the employee is using any prescribed medication, or is suffering from some other known physical condition which may account for his or her actions;

3. Contact the department or division director, state the facts and inferences which cause the supervisor to believe that the employee is physically impaired or unable to safely operate equipment or perform assigned duties or under the influence of controlled drugs or alcohol, indicate whether the employee is using any prescribed controlled substances, and receive direction as to whether to have the employee's physical condition evaluated;

4. If the supervisor is directed to have the employee evaluated, the supervisor or designee will contact the Director of Personnel to arrange for an immediate physical evaluation of the employee;

5. The supervisor or designee will transport the employee to the evaluation. Employees will not be permitted to transport themselves;

6. If the employee refuses to be examined or refuses to be tested for controlled substance or alcohol use, the supervisor will arrange to have the employee driven home. The employee will be advised that he or she will be subject to disciplinary action, which may include termination.

7. An employee will not be permitted to return to work until released by the examining physician.

Referral For Treatment

When an employee tests positive for alcohol or controlled substances, if the employee is disciplined but not dismissed, the employee will be referred to the District physician or to the employee's health care provider for assessment, counseling and rehabilitation.

Participation in rehabilitation or treatment may be required of an employee who has violated this policy. Failure to begin or complete a treatment or rehabilitation program may subject the employee to disciplinary action, including termination.

41 USCA §701 et seq. Drug Free Workplace Act

Arizona Revised Statute §13-3401. Drug Offenses. Definitions

Arizona Revised Statute §13-3451. Imitation Substance or Drug Offense. Definitions

TUCSON UNIFIED SCHOOL DISTRICT
Tucson, Arizona

Adopted by Board: January 30, 1990
Replaced with Policy Code GBEC (Available in MS Word | Available in Adobe PDF), January 18, 2005