CHAPTER 6.00 - PERSONNEL

6.45 Alcohol and Drug Free Workplace

Policy:

(1) No employee shall possess, consume or sell alcoholic beverages or manufacture, distribute, dispense, possess, use or be under the influence of, on the job or in the workplace, any narcotic, drug, amphetamine, barbiturate, marijuana or any other controlled substance, as defined in the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulations at 21 CFR 1300 or Florida Statutes, Chapter 893, without a valid prescription. 

(2) “Workplace” is defined as the site for the performance of work done in connection with the duties of an employee of the School Board. That term includes any place where the work of the school district is performed, including a school building or other school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities, off-school property during any school sponsored or school-approved activity, event or function, such as a field trip, workshop or athletic event. 

(3) As a condition of employment, each employee will: 

(a) Abide by the terms of this policy, and 

(b) Notify the appropriate director, principal or supervisor of any criminal drug statute arrest or conviction for a violation occurring on the premises of the School Board, at the workplace, or during the conduct of any official activity related to the School Board within forty-eight (48) hours. Identified employees must be in compliance with Policy 6.40, section (3). 

(4) The School Board shall:

(a) Notify the appropriate agency within ten (10) days after receiving such notice from an employee or otherwise receiving actual notice of such conviction; and,

(b) Take one (1) of the following actions, within thirty (30) days of receiving such notice, with respect to any employee who is so convicted: 

1. Require such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; or, 

2. If the employee fails to participate satisfactorily in such program, the employee may be non-renewed or his or her employment may be suspended or terminated, at the discretion of the School Board; or, 

3. Take appropriate personnel action against such an employee, up to and including termination. 

(c) Offer assistance and information on drug abuse in order to maintain an alcohol and a drug-free workplace. Employee assistance will be available through the Personnel Department and the Employee Assistance Program. The School Board shall also conduct periodic workshops on drug and alcohol abuse in the workplace to inform employees and supervisors of the dangers of substance abuse and of the provisions in this policy.

STATUTORY AUTHORITY : 893.01; 1001.41; 1012.22; 1012.23; 1012.27, F.S. 

LAWS IMPLEMENTED: 1001.41; 1001.43; 1012.795, F.S. 

 Drug Free Workplace Act of 1988; 34 CFR Part 85, Subpart F 

HISTORY: Adopted: January 14, 1999

Revision Date(s): October 9, 2001; November 22, 2005, September 12, 2006; August 14, 2007 

Formerly: