A. The school board recognizes the significant problems created by drug and alcohol use in society in general, and the public schools in particular. The school board further recognizes the important contribution that the public schools have in shaping the youth of today into the adults of tomorrow.
B. It is the belief of the school board that a work environment free of drug and alcohol use will not only be safer, healthier, and more productive, but will also be more conducive to effective learning. Therefore, to provide such an environment, the purpose of this policy is to provide authority so that the school board may require all employees to submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in federal law and Minn. Stat. §§ 181.950 through 181.957.
II. GENERAL STATEMENT OF POLICY
A. The school district may request or require that any school district employee, other than an employee or applicant whose position requires a commercial driver’s license, submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in Minn. Stat. §§ 181.950 through 181.957.
B. The use, possession, sale, purchase, transfer, or dispensing of any drugs not medically prescribed is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event. Use of drugs, which are not medically prescribed, is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property. Employees under the influence of drugs, which are not medically prescribed, are prohibited from entering or remaining on school district property.
C. The use, possession, sale, purchase, transfer, or dispensing of alcohol is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event. Use of alcohol is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property. Employees under the influence of alcohol are prohibited from entering or remaining on school district property.
D. Any employee who violates this section may be subject to discipline, which includes, but is not limited to, immediate suspension without pay and immediate discharge.
III. DRUG AND ALCOHOL TESTING FOR OTHER EMPLOYEES
The school district may request drug and alcohol testing for other school district personnel, i.e., employees who are not school bus drivers, or job applicants for such positions. The school district does not have a legal duty to request any employee to undergo drug and alcohol testing as authorized
in this policy, except for school bus drivers and other drivers of CMVs who are subject to federally mandated testing.
A. Circumstances Under Which Drug Or Alcohol Testing May Be Requested or Required:
1. General Limitations
The school district will not request an employee whose position does not require a commercial driver’s license to undergo drug or alcohol testing, unless the testing is done pursuant to this drug and alcohol testing policy; and is conducted by a testing laboratory which participates in one of the programs listed in Minn. Stat. § 181.953, Subd. 1.
2. Reasonable Suspicion Testing
The school district may request any employee to undergo drug and alcohol testing if the school district has a reasonable suspicion that the employee:
a. is under the influence of drugs or alcohol;
b. has violated the school district’s written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on the school district’s premises or operating the school district’s vehicles, machinery, or equipment;
c. has sustained a personal injury, as that term is defined in Minn. Stat. § 176.011, Subd. 16, or has caused another employee to sustain a personal injury; or
d. has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident.
3. Treatment Program Testing
The school district may request any employee to undergo drug and alcohol testing if the employee has been referred by the school district for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested to undergo drug and alcohol testing without prior notice during the evaluation or treatment period.
4. Routine Physical Examination Testing
The school district may request any employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested no more than once annually and the employee has been given at least two weeks’ written notice that a drug or alcohol test may be requested as part of the physical examination.
B. No Legal Duty to Test
The school district does not have a legal duty to request any employee whose position does not require a commercial driver’s license to undergo drug and alcohol testing.
C. Definitions
1. “Drug” means a controlled substance as defined in Minnesota Statutes.
2. “Drug and alcohol testing,” “drug or alcohol testing,” and “drug or alcohol test” mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, Subd. 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.
3. “Other Employees” means any persons, independent contractors, or persons working for an independent contractor who perform services for the school district for compensation, either full-time or part-time, in whatever form, except for persons whose positions require a commercial driver’s license, and includes both professional and nonprofessional personnel. To the extent that the drug and alcohol testing of persons whose positions require a commercial driver’s license is not mandated by federal law and regulations, such testing shall be governed by Section III of this policy and the drivers shall fall within this definition of “other employees.”
4. “Positive test result” means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minn. Stat. § 181.953, Subd. 1.
5. “Reasonable suspicion” means a basis for forming a belief based on specific facts and rational inferences drawn from those facts.
D. Right of Other Employee to Refuse Drug and Alcohol Testing and Consequences of Such Refusal
1. Right of Other Employee to Refuse Drug and Alcohol Testing
Any employee whose position does not require a commercial driver’s license has the right to refuse drug and alcohol testing subject to the provisions contained in Paragraph 2 of this Section D.
2. Consequences of an Employee’s Refusal to Undergo Drug and Alcohol Testing
Any employee in a position that does not require a commercial driver’s license who refuses to undergo drug and alcohol testing in the circumstances set out in the Reasonable Suspicion Testing and Treatment Program Testing provisions of this policy may be subject to disciplinary action, up to and including immediate discharge or as specified in the collective bargaining agreement.
E. Reliability and Fairness Safeguards
1. Pretest Notice
Before requesting an employee whose position does not require a commercial driver’s license to undergo drug or alcohol testing, the school district shall provide the employee with a Pretest Notice in the form of Attachment A to this policy on which to acknowledge that the employee has received the school district’s drug and alcohol testing policy.
2. Notice of Test Results
Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing an employee who has undergone drug or alcohol testing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test.
3. Notice of and Right to Test Result Report
Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing, an employee who has undergone drug or alcohol testing of the employee’s right to request and receive from the school district a copy of the test result report on any drug or alcohol test.
4. Notice of and Right to Explain Positive Test Result
a. If an employee has a positive test result on a confirmatory test, the school district shall provide him or her with notice of the test results and, at the same time, written notice of the right to explain the results and to submit additional information.
b. The school district may request that the employee indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.
c. Within three (3) working days after notice of a positive test result on a confirmatory test, an employee may submit information (in addition to any information already submitted) to the school district to explain that result.
5. Notice of and Right to Request Confirmatory Retests
a. If an employee has a positive test result on a confirmatory test, the school district shall provide him or her with notice of the test results and, at the same
time, written notice of the right to request a confirmatory retest of the original
sample at his or her expense.
b. An employee may request a confirmatory retest of the original sample at his or her own expense after notice of a positive test result on a confirmatory test. Within five (5) working days after notice of the confirmatory test result, the employee shall notify the school district in writing of his or her intention to obtain a confirmatory retest. Within three (3) working days after receipt of the notice, the school district shall notify the original testing laboratory that the employee has requested the laboratory to conduct the confirmatory retest or to transfer the sample to another laboratory licensed under Minn. Stat. § 181.953, Subd. 1 to conduct the confirmatory retest. The original testing laboratory shall ensure that appropriate chain-of-custody procedures are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee.
6. If an employee has a positive test result on a confirmatory test, the school district, at the time of providing notice of the test results, shall also provide written notice to inform him or her of other rights provided under Sections F or G below, whichever is applicable.
Attachments B and C to this policy provides the Notices described in paragraphs 2 through 6 of this Section E.
F. Discharge and Discipline of Employees Whose Positions Do Not Require a Commercial Driver’s License
1. The school district may not discharge, discipline, discriminate against, request rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test.
2. In the case of a positive test result on a confirmatory test, the employee may be subject to discipline, which includes, but is not limited to, immediate suspension without pay and or immediate discharge, pursuant to the provisions of this policy.
3. The school district may not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the school district, unless the following conditions have been met:
a. The school district has first given the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with a certified chemical abuse counselor or a physician trained in the diagnosis and treatment of chemical dependency; and
b. The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program.
4. Notwithstanding paragraph 1, the school district may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the school district believes that it is reasonably necessary to protect the health or safety of the employee, co-employees or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.
5. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of medical history information revealed to the school district, unless the employee was under an affirmative duty to provide the information before, upon or after hire.
6. An employee must be given access to information in his or her personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process and conclusions drawn from and actions taken based on the reports or other acquired information.
G. Chain-of-Custody Procedures
The school district has established its own reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, and identification of the samples to be tested. The procedures require the following:
1. Possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory;
2. The sample must always be in the possession of, must always be in view of, or must be placed in a secure area by a person authorized to handle the sample;
3. A sample must be accompanied by a written chain-of-custody record; and
4. Individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain-of-custody record at the time of transfer.
H. Privacy, Confidentiality and Privilege Safeguards
1. Privacy Limitations
A laboratory may only disclose to the school district test result data regarding the presence or absence of drugs, alcohol or their metabolites in a sample tested.
2. Confidentiality Limitations
With respect to employees, test result reports and other information acquired in the drug or alcohol testing process are private data on individuals as that phrase is defined in Minn. Stat. Ch. 13, and may not be disclosed by the school district or laboratory to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee tested.
3. Exceptions to Privacy and Confidentiality Disclosure Limitations
Notwithstanding paragraphs 1 and 2, evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Minn. Stat. Ch. 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation or order, or in accordance with compliance requirements of a federal government contract; and (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.
4. Privilege
Positive test results from the school district drug or alcohol-testing program may not be used as evidence in a criminal action against the employee tested.
I. Notice of Testing Policy to Affected Employees
The school district shall provide written notice of this drug and alcohol testing policy to all affected employees upon adoption of the policy and to a previously non-affected employee upon transfer to an affected position under the policy. Affected employees and applicants will acknowledge receipt of this written notice in the form of Attachment D to this policy.
IV. POSTING
The school district shall post notice in an appropriate and conspicuous location on its premises that it has adopted a drug and alcohol testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in its personnel office or other suitable locations.
Legal References: Minn. Stat. §§ 181.950-181.957 (Drug and Alcohol Testing in the Workplace)
Minn. Stat. § 221.031 (Motor Carrier Rules)
49 U.S.C. § 31306 (Omnibus Transportation Employee Testing Act of 1991)
49 C.F.R. Parts 40 and 382 (Department of Transportation Rules Implementing Omnibus Transportation Employee Testing Act of 1991)
ATTACHMENTS TO
DRUG AND ALCOHOL TESTING POLICY
Attachments A through D are to be used in conjunction with drug and alcohol testing of applicants.
| Attachment A is a “Pretest Notice” that must be provided to non-school bus driver employees before requesting that the employee undergo drug or alcohol testing. It is referred to in Article III, Section E, paragraph 1 of the policy. |
| Attachment B is a “Notice of Test Results and Various Rights” which should be used by the District when notifying non-school bus driver employees of test results and other rights. It is referred to in Article III, Section E, paragraph 6 of the policy. |
| Attachment C is an “Explanation of Positive Test Result” form which should be used by the school district to request that the employee submit information to the school district relevant to the reliability of, or explanation for, a positive test result. It is referred to in Article III, Section E, paragraph 4 of the policy. |
| Finally, the District may wish to use Attachment D, entitled “Acknowledgement – Drug and Alcohol Testing Policy,” to document that written notice of the policy was given to all affected employees. It is referred to in Article III, Section I of the policy. |
(D R A F T)
[TO BE PLACED ON SCHOOL DISTRICT LETTERHEAD]
— PRETEST NOTICE —
I the undersigned employee of Independent School District No. 518, Worthington, Minnesota (“School District”), do hereby acknowledge that I have been provided a copy of the School District’s Drug and Alcohol Testing Policy.
Date:
Signature of Employee
Typed or Printed Name
ATTACHMENT B
(D R A F T)
[TO BE PLACED ON SCHOOL DISTRICT LETTERHEAD]
[Employee Name]
[Employee Address]
RE: Drug and/or Alcohol Test
[Date of Testing]
Test Results:
Independent School District No.518, Worthington, Minnesota, has received the test result report from the testing laboratory:
q Your initial screening test result was negative.
q Your confirmatory test result was negative.
q Your confirmatory test result was positive.
Test Result Report:
You have the right to request and receive from the school district a copy of the test result on any drug or alcohol test.
Right to Explain Positive Test Result:
In the case of a positive test result on a confirmatory test, you have the right to explain the results. You may, within three (3) working days after notice of a positive test result on a confirmatory test, submit information to the school district, in addition to any information already submitted, to explain that result. Attached to this Notice is a document entitled “Explanation of Positive Test Result” for this purpose.
Right to Request Confirmatory Retests:
In the case of a positive test result on a confirmatory test, you have the right to request a confirmatory retest of the original sample at your own expense. Within five (5) working days after notice of the confirmatory test result, you must notify the school district in writing of your intention to obtain a confirmatory retest. Within three (3) working days after receipt of the notice, the school district shall notify the original testing laboratory that you have requested the laboratory to conduct the confirmatory retest or to transfer the sample to another laboratory licensed under Minn. Stat. § 181.953, Subd. 1 to conduct the confirmatory retest. The original testing laboratory shall ensure that appropriate chain-of-custody procedures are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against you.
Other Rights:
In the case of a positive test result on a confirmatory test, you may have other rights provided under the sections detailed below.
A. Employee Discharge and Discipline
1. The school district may not discharge, discipline, discriminate against, request or require rehabilitation of an employee whose position does not require a commercial driver’s license on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test.
In the case of a positive test result on a confirmatory test, the employee may be subject to discipline within the provisions of this policy, which includes but is not limited to, immediate suspension without pay and immediate discharge as specified in the collective bargaining agreement.
2. The school district may not discharge an employee whose position does not require a commercial driver’s license for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the school district, unless the following conditions have been met:
a. The school district has first given the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency; and
b. The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program.
3. Notwithstanding paragraph 1, the school district may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the school district believes that it is reasonably necessary to protect the health or safety of the employee, co-employees or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.
4. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of medical history information revealed to the school district, unless the employee was under an affirmative duty to provide the information before, upon, or after hire.
5. An employee must be given access to information in the employee’s personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process and conclusions drawn from and actions taken based on the reports or other acquired information.
First Reading: 5/18/04, 7/19/05
Second Reading: 6/15/04, 8/16/05
Adopted: 6/15/04, 8/16/05
ATTACHMENT C
(D R A F T)
[TO BE PLACED ON SCHOOL DISTRICT LETTERHEAD]
I the undersigned employee/job applicant of Independent School District No. 518, Worthington, Minnesota, acknowledge receipt of a Notice of Test Results and Various Rights. This includes my right to explain the positive test result on a confirmatory test.
I am currently taking or have recently taken:
q no over-the-counter or prescription medications; or
q the following over-the-counter or prescription medications:
I also offer the following information relevant to the reliability of, or explanation for, a positive test result:
Date:
Signature of Employee
Typed or Printed Name
(D R A F T)
[TO BE PLACED ON SCHOOL DISTRICT LETTERHEAD]
— ACKNOWLEDGMENT —
DRUG AND ALCOHOL TESTING POLICY
I have received a copy of the Drug and Alcohol Testing Policy of Independent School District No. ____, ______________, Minnesota and have read it in its entirety.
The District’s policy was provided to me:
q Upon adoption of the policy. (employee).
q Upon my hire. (job applicant/new employee).
q After receipt of my conditional job offer, before any testing if my job offer is contingent upon my passing of drug and alcohol testing. (job applicant).
Dated:
Signature of Employee/Applicant
Typed or Printed Name