| Purpose
The Board of Education recognizes that the use of drugs is
a serious problem with legal, physical, and social implications for
the entire school community. As such, the Board of Education is very
concerned about the problem that may be caused by drug use by employees,
especially as the use relates to the safety, efficiency, and productivity
of employees.
The primary purpose and justification for any action on the part
of the Board of Education would be the protection of the health, safety,
and welfare of students, staff, and school property.
Authority
It is declared policy of the School District of Upper Moreland
Township that the unlawful manufacture, distribution, dispensing,
possession, or use of a drug is prohibited in the workplace. The Upper
Moreland School District will continue to make a good faith effort
to maintain a drug-free workplace by the implementation of this policy.
Definitions
• Drug-free workplace: means a
site for the performance of work done on behalf of the district.
• Employee: means all employees of
the school district.
• Drugs: means a controlled substance
as set forth in schedules I through V of Section 202 of the Controlled
Substances Act (21
U.S.C., Section 812), any drug listed in the Act of April 14, 1972
(P.L. 233, No. 64) as amended,
known as "The Controlled Substance, Drug, Devise and Cosmetics
Act".
• Conviction: means a finding of guilt (including
a plea of nolo contendere) or imposition of a sentence, or both, by
any judicial body
charged with the responsibility to determine violations of the Federal
or State criminal drug statutes.
• Criminal drug statute: means a criminal
statute involving manufacture, distribution, dispensing, use or possession
of any controlled
substance.
Procedures
The Superintendent will develop procedures to implement this
policy and the requirements of 49 CFR Part 40 which are the Procedures
for Transportation Workplace Drug and Alcohol Testing Programs from
the Department of Transportation. The procedures to be developed by
the Superintendent will include, but not be limited to provisions
for:
- Requiring all Commercial Driver’s License and van licensed
employees, within the scope of their duties, and other transportation
department employees who drive or operate a motor vehicle, equipment
or machinery, to be drug and alcohol testing in accordance with
requirements of 49 CFR Part 40
- Maintaining confidentiality of all aspects of the testing process
- Requiring compliance with 49 CFR Part 40 by contractors, vendors,
and public agencies doing business with the School District.
Employees violating this policy will be subject to disciplinary actions
as contained the procedures.
No individual will be hired by the School District as a covered driver
or transferred into a covered driver position unless the individual
has undergone and passed pre-employment testing for alcohol and controlled
substances in accordance with these procedures or qualified for the
exception to this requirement under 49 CFR Section 382.301 for Pre-employment
Testing regulations from the U.S. Department of Transportation.
Guidelines
- Each employee of the Upper Moreland School District shall abide
by this policy as a condition of his or her employment.
- In the event that any employee of the school district violates
this policy by possessing, manufacturing, distributing, dispensing
or using any drug, he or she shall be subject to suspension and
possible termination of employment with the exception of possession
of drugs prescribed for that employee.
- In addition to any discipline imposed for violation of this policy
(other than termination), the district will require the employee
to satisfactorily participate in a drug abuse assistance or rehabilitation
program approved for such purposes by Federal, State, or local law
enforcement or other appropriate agencies.
- An employee who is convicted of distribution of drugs or possession
of drugs with the intent to distribute the same shall be subject
to termination.
- All employees of the Upper Moreland School District shall notify
the Superintendent of Schools, or his or her designee, of any criminal
drug statute conviction for a violation no later than five (5) days
after such conviction. The Upper Moreland School District will notify
the Department of Education of the Commonwealth of Pennsylvania
and/or the contracting Federal agency within the meaning of the
Drug-Free Workplace Act of 1988 of any criminal drug statute conviction
of an employee within ten (10) days after receiving notification
of the same by an employee.
The Upper Moreland School District shall maintain a Drug-Free Awareness
Program for its employees which explains:
- the dangers of drug abuse in the workplace
- the school district's policy of maintaining a drug-free workplace
- the availability of drug counseling, rehabilitation and employee
assistance programs
- the penalties that may be imposed upon employees for drug abuse
violations
The Upper Moreland School District shall distribute a copy of this
policy to all employees.
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