5140 -DRUG AND ALCOHOL TESTING ALL EMPLOYEES
The Board requires all employees to maintain a drug- and alcohol-free workplace.
5140.1
The Board prohibits the unlawful manufacture, distribution, dispensing, possession or use of any controlled substance or alcohol. In addition, no employee shall be impaired by the excessive use of prescription or nonprescription drugs, or by the use of alcohol. 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.
5140.2
This policy covers all employees of the school system, including permanent full-time, permanent part-time, and temporary employees, while on any property owned by the school system or at any time during which an individual employee is acting in 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 impact upon the performance of his/her job.
5140.3
Any employee of the Durham Public Schools may be subjected to a search of his/her person, locker, desk or other school system property under his/her control in the workplace when the employee's superior(s) has reasonable grounds for suspecting that the employee is selling, possessing or using alcohol or a controlled substance in the workplace.
Any employee of the Durham Public Schools may be subjected to a test for the use of alcohol or controlled substances in the workplace when the employee's superior(s) has reasonable grounds to suspect that the employee is using or is under the influence of alcohol or any controlled substance in the workplace.
Any employee who refuses a drug or alcohol screening test may be terminated.
Cost of the screening will be borne by the Board of Education.
5140.4
Violation of this policy shall be deemed unacceptable personal conduct which shall be cause for disciplinary action up to and including dismissal. Any illegal drug activity will be reported to the appropriate law enforcement authority.
5140.5
Employees will be provided information concerning available counseling, rehabilitation, re-entry programs and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
5140.6
Each employee shall notify his/her supervisor of any conviction, guilty plea or no contest plea for violation of any criminal drug statute no later than 5 days after such occurrence.
Each employee shall be given a copy of this policy.
Drug-Free Workplace Act of 1988, 41 U.S.C. 701, et seq.; 21 U.S.C. 812; 21 C.F.R. 1300.11 through 1300.5
Adopted Effective: July 1, 1999
