Drug- and Alcohol-Free Workplace
Purpose
RISE Charter School is committed to a safe working environment, to making adequate provisions for the safety and health of its employees at their place of employment, and to the safety and health of the students we serve as well as the general public.
The use of alcohol and illegal drugs, and the misuse of prescription drugs is unacceptable. All RISE Charter School workplaces are hereby declared to be drug- and alcohol-free workplaces. A copy of this policy will be provided to each employee with materials describing the dangers of drug use in the workplace and information on any drug counseling, rehabilitation, or employee assistance programs available.
All employees are prohibited from:
1. Unlawful manufacturing, dispensing, distributing, possessing, being under the influence of a controlled substance, or using illegal drugs or drug paraphernalia, while on RISE Charter School premises, while performing work for RISE Charter School, or in attendance at RISE Charter School-approved or school-related functions;
2. Distributing, manufacturing, selling, consuming, using, possessing, or being under any degree of intoxication or odor from alcohol while on RISE Charter School premises, while performing work for RISE Charter School, or in attendance at school-approved or school-related functions; and
3. Taking prescription drugs above the level recommended by the prescribing physician and using prescribed drugs for purposes other than those for which they are intended. In addition, employees will not distribute a prescribed drug to another employee or student.
As a condition of employment, each employee shall:
1. Abide by the terms of RISE Charter School policy respecting a drug- and alcohol-free workplace; and
2. Notify his or her Executive Director of his or her conviction under any criminal drug statute including but not limited to the use of controlled substances, alcohol, prescription drugs, or over-the-counter drugs.
Definitions as Used in This Policy
"Illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful. Such term does not include the use of a drug taken under the supervision of a licensed health care professional.
"Drug" or "illegal drug" means a controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substances Act found in Chapter 27, Title 37 Idaho Code.
"Conviction" means a finding of guilt, including a plea of no-contest, withheld judgment 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 Law" means a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.
"Controlled Substance” means any drug or substance that is:
1. Not legally obtainable;
2. Being used in a manner different than prescribed;
3. Legally obtainable, but has not been legally obtained; or
4. Referenced in federal or State controlled substance acts.
“Substance Abuse” is the misuse or illicit use of alcohol, drugs, or controlled substances, including but not limited to marijuana, heroin, or cocaine.
Confidentiality
Records that pertain to RISE Charter School’s employee required substance screens are recognized to be private and sensitive records. They shall be maintained by the Executive Director or his or her designee in a secure fashion to ensure confidentiality and privacy and be disclosed only to the extent necessary to address any work-related safety risks occasioned by either the drug or alcohol use. Medical records, and information relating directly thereto, shall be maintained in accordance with provisions of Idaho law and used with the highest regard for employee privacy consistent with law and the purpose of achieving and maintaining a drug free workplace. All personnel records and information regarding referral, evaluation, substance screen results, and treatment shall be maintained in a confidential manner and no entries concerning such shall be placed in an employee's personnel file.
Pre-Employment Testing
Applicants being considered for employment positions shall be required to submit to a urinalysis test for the detection of the illegal use of drugs. Applicants shall be given a copy of this policy in advance of employment. Applicants must acknowledge having read or had this policy explained to them and should understand that as a condition of employment they are subject to its contents. Applicants shall sign an acknowledgment prior to substance screening, permitting the summary result to be transmitted to the Executive Director or his or her designee.
An applicant refusing to complete any part of the drug testing procedure shall not be considered a valid candidate for employment with RISE Charter School, and such will be considered as a withdrawal of the individual's application for employment. If substance screening shows a confirmed positive result for which there is no current physician's prescription, a second confirming test may be requested by the Executive Director or his or her designee. If the first or any requested second confirming test is positive, any job offer shall be revoked.
Physical Examination/Screening Based Upon Reasonable Suspicion
Whenever the Board, through its authorized designee, and/or the Executive Director, reasonably suspect that an employee's work performance or on-the-job behavior may have been affected in any way by illegal drugs or alcohol or that an employee has otherwise violated RISE Charter School’s Drug-Free Workplace Substance Abuse Policy, the employee may be required to submit a breath, saliva, urine, and/or blood sample for drug and alcohol testing. When a supervisor observes or is notified of behaviors or events that lead the supervisor to believe that the employee is in violation of the Drug-Free Workplace Substance Abuse Policy, the supervisor shall notify the Executive Director.
An employee who is required to submit to drug/alcohol testing based upon reasonable suspicion and refuses shall be charged with insubordination, and necessary procedures will be taken to terminate the employee in accordance with Board policy and State law.
An employee who tests positive on a reasonable suspicion test will be in violation of this policy. Violation of this policy shall constitute grounds for termination in accordance with Board policy and State law.
RISE Charter School’s authorized designee, or the Executive Director are the only individuals in RISE Charter School authorized to make the determination that reasonable suspicion or cause exists to order a drug screen and are the only individuals who may order an employee to submit to a drug screen.
Two types of cases for which reasonable suspicion procedures may be invoked are:
1. Chronic cases: Deteriorating job performance or changes in personal traits or characteristics where the use of alcohol or drugs may be reasonably suspected as the cause; and
2. Acute case: Appearing to be under the present influence of alcohol and/or drugs or investigation of an accident where the use of alcohol or drugs is reasonably suspected to be a contributing cause in a specific incident or observation.
Circumstances under which substance screening may be considered, in either the chronic or acute cases, include but are not limited to the following:
1. Observed use, possession, or sale of illegal drugs and/or use, possession, sale, or abuse of alcohol, and/or the illegal use or sale of prescription drugs;
2. Apparent physical state of impairment of motor functions;
3. Marked changes in personal behavior not attributable to other factors;
4. Employee involvement in or contribution to an accident where the use of alcohol or drugs is reasonably suspected or employee involvement in a pattern of repetitive accidents, whether or not they involve actual or potential injury; and
5. Violations of criminal drug law statutes involving the use of illegal drugs, alcohol, or prescription drugs and/or violations of drug statutes.
The circumstances under which substance screening may be considered, as outlined above, are strictly limited in time and place to employee conduct on duty or during work hours, or on or in RISE Charter School property, or at RISE Charter School-approved or RISE Charter School-related functions.
Post-Accident Testing
Drivers while on RISE Charter School business or operating a RISE Charter School vehicle involved in a motor vehicle accident which involves either a fatality or the issuance of a citation for a moving violation to RISE Charter School employee may be tested for alcohol misuse and controlled substance abuse.
The driver will contact RISE Charter School at the time of the accident unless he or she is physically impaired as a result of the accident. RISE Charter School will contact the testing lab. The testing lab will specify where the alcohol and/or controlled substance testing is to be completed.
If a driver is not able to produce enough breath to test for alcohol using a state approved breath analyzer, a blood test may be done for alcohol.
Law enforcement officials may require a driver involved in an accident to submit to tests administered as part of their jurisdiction. For purposes of this policy, only the test results provided by RISE Charter School testing laboratory will be accepted.
Failure of an employee to submit to testing for either alcohol or a controlled substance will be considered a positive test and will be determined as cause for disciplinary action.
Testing for alcohol must be done within eight hours of the time of the accident. Testing for controlled substances must be done within 32 hours of the time of the accident.
The driver subject to post-accident testing must refrain from consuming alcohol for either eight hours following the accident or until he or she submits to an alcohol test, whichever comes first. Failure to do so will constitute a positive test result and will be determined as cause for disciplinary action.
Opportunity to Contest or Explain Test Results
Employees or job applicants who have a positive confirmed test result may explain or contest the result to the Executive Director or his or her designee within five working days after the Executive Director or designee contacts the employee or job applicant and shows him or her the positive test result as it was received from the laboratory in writing.
Return to Duty Testing
An employee who has been given the opportunity to undergo rehabilitation for drugs or alcohol shall, as a condition of returning to duty, be required to agree to a reasonable follow-up testing established by the Executive Director or his or her designee. The extent and duration of the follow-up testing will depend upon the safety or security nature of the employee's position and the nature and extent of the employee's substance abuse problem. The Executive Director or his or her designee is to review the conditions of continued employment with the employee prior to the employee returning to work. Any such condition for continued employment shall be given to the employee in writing. This agreement must be signed by the employee before the employee is allowed to return to the job. Prior to the employee coming back on the job, the employee must complete a drug and/or alcohol test which shows negative results.
The Executive Director or his or her designee may consult with the employee's rehabilitation program in determining an appropriate follow-up testing program, including the frequency of any substance screening contained in a follow-up testing program. In no instance shall such screening be ordered by the Executive Director or his or her designee more than one time within a 72 hour period. In the event of positive test results, the Executive Director or his or her designee will work out disciplinary procedures, if any, in accordance with Board policy and State law.
Any employee subject to return to duty testing that has a confirmed positive drug test shall be in violation of this policy. Violation of this policy shall constitute grounds for immediate termination in accordance with Board policy and State law.
Inspections
Employees may be assigned RISE Charter School-owned offices, vehicles, lockers, desks, cabinets, etc. for the mutual convenience of RISE Charter School and personnel. Employees have no expectation of privacy in any of these locations or any personal belongings which they may place in such areas.
Whenever the Board reasonably suspects that an employee’s work performance or on-the-job behavior may have been affected in any way by alcohol or drugs or that an employee has sold, purchased, used, or possessed alcohol, drugs, or drug paraphernalia on RISE Charter School premises, the Board may search the employee and the employee’s locker, desk, or other RISE Charter School property under the control of the employee.
Inspections under this policy are limited to investigations into work-related misconduct and offenses. Any searches for law enforcement purposes must comply with all applicable State laws.
RISE Charter School Action Upon Violation of Policy
Employees in violation of the provisions of this policy shall be subject to disciplinary action up to and including termination. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse employee-assistance rehabilitation program. The fact that an employee has been referred for assistance and his or her willingness or ability to rehabilitate are appropriate considerations as to what, if any, disciplinary action may be taken.
Should RISE Charter School employees be engaged in the performance of work under a federal contract or grant, or under a state contract or grant of $5,000 or more, the Executive Director or his or her designee shall notify the appropriate State or federal agency from which RISE Charter School receives contract or grant moneys of the employee’s conviction, within ten days after receiving notice of the conviction.
In determining whether and to what extent an employee will be disciplined or discharged in regard to violating this policy, the Board will consider the following factors: the degree to which the nature of the criminal offense reduces RISE Charter School's ability to maintain a safe working environment; the degree to which the nature of the criminal offense unreasonably endangers the safety of other employees and/or students; the degree to which the conviction unreasonably undermines the public confidence in RISE Charter School's operations; the nature of the criminal offense; the nature of the employee's job with RISE Charter School; the existence of any explanatory or mitigating facts or circumstances; whether the employee promptly reports the conviction; and any other facts relevant to the employee, including but not limited to years of service and record of performance with RISE Charter School.
An employee can be discharged for work-related misconduct as provided in I.C. 72-1366, for the following reasons:
1. A confirmed positive drug and/or alcohol test, with a test result of not less than .02 BAC;
2. The employee refusing to provide a sample for testing purposes;
3. The employee altering or attempting to alter a test sample by adding a foreign substance; or
4. The employee submitting a sample that is not his or her own.
Within 30 days after receiving notice of a conviction, RISE Charter School will take appropriate disciplinary action and/or refer the employee to an appropriate substance abuse rehabilitation program.
Legal References:
41 U.S.C. § 81 The Drug-Free Workplace Act of 1988
29 C.F.R. § 94.205 What must I include in my drug-free workplace statement?
34 C.F.R. Subpart B Requirements for Recipients Other Than Individuals
I.C. § 33-5211 Application of School Law – Accountability – Exception from State Rules
I.C. § 72-1366 Employment Security Law - Personal Eligibility Conditions
I.C. § 72-1701, et seq. Idaho Employer Alcohol and Drug-Free Workplace Act
IDAPA 08.02.04.300 Public Charter School Responsibilities.
Policy History:
Adopted on: July 12, 2021
Revised on:
Reviewed on: